HomeMy WebLinkAboutSeptember 17, 2013 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
September 17, 2013
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, September 17, 2013 at 3:00 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he /she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for September 17, 2013.
3. Receive a report, hold a discussion and give staff direction regarding a proposed Hotel
and Convention Center project.
4. Receive a report, hold a discussion and give staff direction on the Better Block Project.
5. Receive a presentation, hold a discussion and give staff direction on the reorganization of
the Planning and Development Department.
6. Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14
City Manager's Proposed Budget, Capital Improvement Program, and Five -Year
Financial Forecast.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on
any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government
Code, as amended, or as otherwise allowed by law.
CLOSED MEETING
1. Closed Meeting:
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters —
Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (DME) for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
City of Denton City Council Agenda
September 17, 2013
Page 2
B. Deliberations regarding consultation with the City Attorney — Under Texas
Government Code Section 551.071, Deliberations regarding Economic
Development Negotiations — Under Texas Government Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to Tetra Pak with
respect to expansion of a manufacturing facility and development of a
national headquarters facility. This discussion shall include commercial
and financial information the City Council has received from Tetra Pak
which the City Council seeks to have locate, stay, or expand in or near the
territory of the city, and with which the City Council is conducting
economic development negotiations; including the offer of financial or
other incentives.
C. Deliberations regarding Real Property — Under Texas Government Code Section
551.072; Consultation with Attorneys — Under Texas Government Code Section
551.071.
1. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the T.M. Downing Survey, Abstract No. 346, City of
Denton, Denton County, Texas, and generally located in the 2500 block of
East McKinney Street. Consultation with the City's attorneys regarding
legal issues associated with the potential acquisition and condemnation of
the real property described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceeding or potential
litigation.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the Thomas Toby Survey, Abstract No. 1288, City of
Denton, Denton County, Texas, and generally located at the south east and
north east corners of Loop 288 and Locust Street. Consultation with the
City's attorneys regarding legal issues associated with the potential
acquisition and condemnation of the real property described above where
a public discussion of these legal matters would conflict with the duty of
the City's attorneys to the City of Denton and the Denton City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal position in any
administrative proceeding or potential litigation.
City of Denton City Council Agenda
September 17, 2013
Page 3
Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, and located generally in the 2200 Block of South Bonnie
Brae Street, City of Denton, Texas. Consultation with the City's attorneys
regarding legal issues associated with the potential acquisition or
condemnation of the real property interests described above where a
public discussion of these legal matters would conflict with the duty of the
City's attorneys to the City of Denton and the Denton City Council under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation.
4. Discuss, deliberate, and receive further information regarding the purchase
of certain real property interests located in the R.H. Hopkins Survey,
Abstract No. 1694, City of Denton, Denton County, Texas, and generally
located along the 1800 block of Colorado Boulevard and the 1500 block of
Angelina Bend Drive. Consultation with the City's attorneys regarding
legal issues associated with the potential acquisition and condemnation of
the real property described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the Denton City Council under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceeding or potential
litigation.
D. Consultation with Attorneys — Under Texas Government Code Section 551.071.
Receive a report and hold a discussion with the City's attorneys regarding
the contract between the City of Denton and Ecotality Inc., dated
September 18, 2012 where a public discussion of these legal matters
would conflict with the duty of the City's attorneys to the City of Denton
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal position in any
administrative proceeding or potential litigation.
2. Consult with City's attorneys regarding Item 4 5U of the September 17,
2013 Regular Meeting Agenda, as it concerns legal issues associated with
that item where a public discussion of this legal matter would conflict with
the duty of the City's attorneys under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
E. Deliberations regarding Personnel Matters — Under Texas Government Code
Section 551.074.
Deliberate and discuss the appointment and duties of public officers to
boards or commissions exercising discretionary or rile making power as
opposed to purely advisory powers, which includes without limitation the
Health and Building Standards Commission, the Historic Landmark
Commission, the Planning and Zoning Commission, and the Zoning Board
of Adjustment.
City of Denton City Council Agenda
September 17, 2013
Page 4
2. Review and discuss the duties and goals for the City Manager, City
Attorney, and Municipal Judge.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING
WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071- 551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations /Awards
1. Blood Cancer Awareness Month
2. Constitution Week
3. CITIZEN REPORTS
4. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad
valorem property tax of the City of Denton, Texas, for the year 2013, on all
taxable property within the corporate limits of the city on January 1, 2013, and
adopting a tax rate of $0.68975 per $100 of valuation for 2013; providing
revenues for payment of current municipal maintenance and operation expenses
and for payment of interest and principal on outstanding City of Denton debt;
providing for limited exemptions of certain homesteads; providing for
enforcement of collections; providing for a severability clause; and providing an
effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas, approving the
2013 tax rolls; and providing an effective date.
City of Denton City Council Agenda
September 17, 2013
Page 5
C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the
Fiscal Year 2013 -2014 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning
on October 1, 2013, and ending on September 30, 2014; and declaring an
effective date.
D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the
adoption of the Fiscal Year 2013 -14 Annual Program of Services (Budget) and
the Capital Improvement Program of the City of Denton, Texas, for the fiscal year
beginning October 1, 2013, and ending on September 30, 2014 when the Budget
will raise more revenue from property taxes than last year's budget; and providing
an effective date.
5. BUDGET CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Budget Consent Agenda authorizes the
City Manager or his designee to implement each item in accordance with the Staff
recommendations. The City Council has received background information and has had an
opportunity to raise questions regarding these items prior to consideration. Citizens may speak
on items listed on the Budget Consent Agenda. A Request to Speak Card should be completed
and returned to the City Secretary before Council considers the Budget Consent Agenda. Citizen
comments on Budget Consent Agenda items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Budget Consent Agenda (Agenda Items A — U). This listing is provided on the Budget
Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of
the Budget Consent Agenda. If no items are pulled, Budget Consent Agenda Items A — U below
will be approved with one motion. If items are pulled for separate discussion, they may be
considered as the first items following approval of the Budget Consent Agenda.
A. Consider adoption of an ordinance adopting a schedule of fees for use of certain
park facilities; superseding all prior fees in conflict with such schedule and
providing for severability and an effective date. The Parks, Recreation and
Beautification Board recommends approval (5 -0).
B. Consider adoption of an ordinance of the City of Denton, Texas amending the
Schedule of Rates for Solid Waste Service contained in Ordinance No. 2012 -212.
As authorized by Chapter 24 of the Code of ordinances of the City of Denton,
Texas; providing that the provisions of Sections 26 -3, 26 -4, 26 -5, 26 -7, 26 -8(a),
and 26 -9 of the Code of Ordinances of the City of Denton, Texas shall expressly
apply to City of Denton Solid Waste Service and Recycling Service; providing for
the amendment to the Residential Refuse and Recycling Collection Services Rates
and Provisions (Schedules SWR and SWRR); amending the Multi - Family
Household Item Collection Services Rates and Provisions (Schedule MFR and
SWMFS); amendment to the Commercial Solid Waste Refuse Collection Services
and Dumpster Rates (Schedule SWC); amendment to the Commercial Recycling
Services Rate and Provisions (Schedule SWCR); amendment to the Constriction,
Deconstruction, and Demolition Materials Services Rate and Provisions
City of Denton City Council Agenda
September 17, 2013
Page 6
(Schedule SWC &D); an amendment to the Sanitary Landfill Services Processing
and Disposal Rates and Provisions (Schedule SWL); providing for a repealer;
providing for a severability clause; and providing an effective date. The Public
Utilities Board recommends approval (6 -0).
C. Consider adoption of an ordinance amending the schedule of electric rates
contained in Ordinance No. 2012 -209 for electric service; amending the provisions
of the Residential Service Rate Schedule (Schedule RES); amending the provisions
of the Residential Renewable Energy Service Rider (Schedule RG); adding the
provisions of the Residential Prepaid Service Schedule (Schedule RPP); amending
the provisions of the General Service Small Schedule (Schedule GSS); amending the
provisions of the General Service Medium Schedule (Schedule GSM); amending the
provisions of the General Service Large Schedule (Schedule GSL); amending the
provisions of the General Time of Use Schedule (Schedule TGS); amending the
provisions of the Local Government Small Schedule (Schedule G2); amending the
provisions of the Local Government Schedule (Schedule G1); amending the
provisions of the Weekend Service Schedule (Schedule WK); amending the
provisions of the Athletic Field Schedule (Schedule AF); amending the provisions of
the Street Lighting Schedule (Schedule LS); amending the provisions of the Traffic
Lighting Schedule (Schedule LT); amending the provisions of the Unmetered
School Zone /Crossing Flashers Schedule (Schedule UFL); amending the provisions
of the Unmetered Traffic Lights Schedule (Schedule ULT); amending the provisions
of the Unmetered Security Camera Schedule (Schedule USC); amending the
provisions of the Other Lighting Schedule (Schedule LO); amending the provisions
of the Security Lighting Schedule (Schedule DD); amending the provisions of the
Decorative Downtown Lighting Schedule (Schedule DDL); amending the provisions
of the Non Standard Street Lighting Schedule (Schedule DSL); amending the
provisions of the Temporary Service Schedule (Schedule T1); providing for a
repealer; providing for a severability clause; and providing for an effective date. The
Public Utilities Board recommends approval (6 -0).
D. Consider adoption of an ordinance amending the schedule of engineering fees
contained in Ordinance No. 2012 -210; providing a repealer; providing for a
severability clause; and providing for an effective date. The Public Utilities
Board recommends approval (6 -0).
E. Consider adoption of an ordinance of the City of Denton, Texas providing for the
schedule of miscellaneous fees, deposits, billings and procedures for
administrative services to city utilities customers contained in Ordinance No.
2012 -211; amend meter reconnection process charge; providing for a repealer;
providing for a severability clause; and providing for an effective date. The
Public Utilities Board recommends approval (6 -0).
F. Consider adoption of an ordinance amending the schedule of wastewater rates
contained in Ordinance No. 2012 -213; providing for an amendment in the rates
for residential wastewater service (Schedule SR); amending the mobile home park
wastewater service (Schedule SMFl); amending the commercial and industrial
wastewater service (Schedule SC); amending the commercial /industrial
wastewater service which measures with dedicated water meters (sub- meters)
City of Denton City Council Agenda
September 17, 2013
Page 7
(Schedule SCD); amending the commercial /industrial wastewater service which
measures with dedicated water meters (sub - meters) (Schedule SCS); amending
the septage & chemical toilet disposal at the pecan creek water reclamation plant
septage transfer station (Schedule SCH); amending the equipment services
facilities and restaurant & food service establishments wastewater service
(Schedule SEE); amending the metered wastewater inside and outside corporate
limits (Schedule SM); amending the sale of treated wastewater effluent (Schedule
SGE); amending the wholesale wastewater treatment service (Schedule SSC);
amending the wastewater tap and manhole fees (Schedule ST); amending the
collection and transportation services permit (Schedule SWP); providing for a
repealer; providing for a severability clause; and providing for an effective date.
The Public Utilities Board recommends approval (6 -0).
G. Consider adoption of an ordinance amending the schedule of water rates
contained in Ordinance No. 2012 -214 for water service rates and water rates;
amending the residential water service rate (Schedule WR); amending the
commercial /industrial water service rate (Schedule WC); amending the metered
water from fire hydrant rate (Schedule WFH); amending the wholesale treated
water service rate to the Upper Trinity Regional Water District (Schedule WW);
amending the wholesale raw water service rate to Upper Trinity Regional Water
District (Schedule WRW); amending the wholesale raw water pass - through rate to
Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville
(Schedule WCL); amending the water tap and meter fees; providing for a
repealer; providing for a severability clause; and providing for an effective date.
The Public Utilities Board recommends approval (6 -0).
H. Consider adoption of an ordinance adopting a new Section 2 -160 of the City Code
which establishes a maximum fine cap for overdue Library items when items are
returned in good condition; repealing all ordinances in conflict therewith;
providing a severability clause; providing for a penalty clause; and providing for
an effective date. The Library Board recommends approval (4 -0).
L Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, establishing a Downtown Reinvestment Fund; defining and committing
certain revenues of the City; providing a severability clause; and providing an
effective date. The Audit/Finance Committee recommends approval (3 -0).
J. Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Agreement with Tarrant County and awarding a contract for the
purchase of nine (9) Chevrolet Tahoes for the City of Denton Police Department;
providing for the expenditure of funds therefor; and providing an effective date
(File 5335— awarded to Johnson Grayson Automotive, Inc in the amount of
$245,706.75).
K. Consider adoption of an ordinance awarding a contract for the purchase of
software maintenance for the City of Denton for continued vendor support of the
Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards
OneWorld)) software as awarded by the State of Texas Department of
Information Resources (DIR) through the Go DIRect Program, Contract Number
City of Denton City Council Agenda
September 17, 2013
Page 8
DIR- VPC -03 -018; providing for the expenditure of funds therefor and providing
an effective date. (File 3100 awarded to Oracle America, Inc. in the three (3) year
not -to- exceed amount of $550,000).
L. Consider adoption of an ordinance awarding the expenditure of funds for service
and support for the City of Denton for continued vendor support of wireless
access for mobile data computers and devices as awarded by the State of Texas
Department of Information Resources (DIR) Contract Number DIR -SDD -1777;
providing the expenditure of funds therfor and providing an effective date (File
3561 awarded to AT &T Mobility in the three (3) year not -to- exceed amount of
$886,207).
M. Consider adoption of an ordinance awarding a contract for the purchase of
security products and continued vendor support of the Palo Alto Firewall software
as awarded by the State of Texas Department of Information Resources (DIR)
through the Go DIRect Program, Contract Number DM -SDD -1855; providing for
the expenditure of funds therefor and providing an effective date. (File 4970 —
awarded to Solid Border, Inc. in the three (3) year not -to- exceed amount of
$300,000).
N. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving three (3) year software maintenance for continued
vendor support of the Geographic Information System (GIS) software, which is
available from only one source and in accordance with Chapter 252.022 of the
Texas Local Government Code such purchases are exempt from the requirements
of competitive bidding; and providing an effective date (File 3880 awarded to
Environmental Systems Research Institute (ESRI) in the three (3) year not -to-
exceed amount of 210,000).
O. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving three (3) year software maintenance for continued
vendor support of the Denton Municipal Electric (DME) Interactive Voice
Response and associated software modules along with new hardware and software
upgrades, which is available from only one source and in accordance with
Chapter 252.022 of the Texas Local Government Code such purchases are exempt
from the requirements of competitive bidding; and providing an effective date
(File 3881 awarded to Milsoft Utility Systems in the three (3) year not -to- exceed
amount of $260,000).
P. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving three (3) year software maintenance for continued
vendor support of the TriTech Public Safety System and associated modules used
for Police and Fire Department Dispatching and Records Management, which is
available from only one source and in accordance with Chapter 252.022 of the
Texas Local Government Code such purchases are exempt from the requirements
of competitive bidding; and providing an effective date (File 2640 awarded to
TriTech Software Systems in the three (3) year not -to- exceed amount of
$700,000).
City of Denton City Council Agenda
September 17, 2013
Page 9
Q. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving three (3) year software subscription for the continued
product upgrades and support of Summation 360, a hosted solution for the Tele-
Works System, which is available from only one source and in accordance with
Chapter 252.022 of the Texas local Government Code such purchases are exempt
from the requirements of competitive bidding; and providing an effective date
(File 3869 awarded to Tele- Works, Inc. in the three (3) year not -to- exceed amount
of $260,000).
R. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving three (3) year software maintenance for continued
vendor support of the Municipal Court Incode software and hosted Insite web
service, which is available from only one source and in accordance with Chapter
252.022 of the Texas Local Government Code such purchases are exempt from
the requirements of competitive bidding; and providing an effective date (File
4771 awarded to Tyler Technologies, Inc. in the three (3) year not -to- exceed
amount of $260,000).
S. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving three (3) year software maintenance for continued
vendor support of the hosted Millennium Library System and associated hardware
and software modules, which is available from only one source and in accordance
with Chapter 252.022 of the Texas Local Government Code such purchases are
exempt from the requirements of competitive bidding; and providing an effective
date (File 3224 awarded to Innovative Interfaces, Inc. in the three (3) year not -to-
exceed amount of $295,000).
T. Consider approval of a resolution approving the City of Denton's Strategic Plan
and Key Performance Indicators for FY 2013 -14; and providing for an effective
date.
U. Consider adoption of an ordinance of the City of Denton, Texas setting Planning
and Development Fees and Road Damage Remediation Fee Calculation Formula
relating to gas well drilling and production in the City of Denton and its
Extraterritorial Jurisdiction; repealing Section 2 of Ordinance 2011 -100; and
setting an effective date.
6. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A — O). 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 A — O below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
City of Denton City Council Agenda
September 17, 2013
Page 10
A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
execution of a Third Amendment to Right of Entry and possession, by and
between the City of Denton ( "City ") and the Denton County Transportation
Authority ( "DCTA "), amending that certain right of entry and possession,
between the City and DCTA, dated April 17, 2012, Ordinance 2012 -072, granting
DCTA access to the Downtown Denton Transit Center ( "DDTC) and certain
lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract
Number 1184, to conduct public transportation related operations; and providing
an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute a Contract of Sale (herein so called), as
attached hereto and made a part hereof as Exhibit "A ", by and between Brian
Carter and Brenda Carter (the "Owner "), and the City of Denton, (the "City "),
regarding the sale by Owner and purchase by the City of a fee interest in land
consisting of 1.127 acres being situated in the T.M. Downing Survey, Abstract
No. 346, City of Denton, Denton County, Texas, located generally in the 2500
block of East McKinney Street, for the public use of expansion, constriction,
maintenance, operation, and improvement of electric transmission and distribution
lines, facilities, and strictures, the "Project ", for the purchase price of One
Hundred Forty -Two Thousand Three Hundred Sixty Seven Dollars and 15 /100
($142,367.15); as prescribed in the Contract of Sale; authorizing the City
Manager or his designee to execute and deliver any and all other documents
necessary to accomplish closing of the transaction contemplated by the Contract
of Sale; authorizing the expenditure of funds therefor; and providing an effective
date. The Public Utilities Board recommends approval (6 -0).
C. Consider adoption of an ordinance of the City of Denton, Texas approving a
Contract of Sale (herein so called), as attached hereto and made a part hereof as
Exhibit "A ", by and between Floyd Lee Phillips (the "Owner"), and the City of
Denton (the "City "), regarding the sale by Owner and purchase by the City of a
fee interest in land consisting of 1.127 acres being situated in the T.M. Downing
Survey, Abstract No. 346, City of Denton, Denton County, Texas, located
generally in the 2500 block of East McKinney Street, for the public use of
expansion, constriction, maintenance, operation, and improvement of electric
transmission and distribution lines, facilities, and strictures (herein the "Project'),
for the purchase price of Twelve Thousand Two Hundred Seven Dollars and
75/100 ($12,207.75); authorizing the City Manager or his designee to execute and
deliver any and all other documents necessary to accomplish closing of the
transaction contemplated by the Contract of Sale; authorizing the expenditure of
funds therefor; and providing an effective date. The Public Utilities Board
recommends approval (6 -0).
D. Consider adoption of an ordinance finding that a public use and necessity exists to
acquire fee simple title in the surface estate only with surface restrictions for
mineral owner(s) to a 1.127 acre tract situated in the T.M. Downing Survey,
Abstract No. 346, located in the City of Denton, Denton County, Texas, as more
particularly described on Exhibit "A ", attached hereto and made a part hereof,
located generally in the 2500 block of East McKinney Street, (the "Property
City of Denton City Council Agenda
September 17, 2013
Page 11
Interests "), for the public use of expanding and improving the Denton Municipal
Electric distribution and transmission systems, and constricting substation
infrastructure; authorizing the City Manager or his designee to make an offer to
(1) the Heirs of Annie Bell Jenkins, James William Tyson, Nettie Jane Nicldess,
being the heirs of the estate of Robert Lee Tyson, and Shirley Jeannene Wright
McCrory, Independent Executor of the estate of Ruthie Frances Tyson Wright,
deceased (collectively, the "Owner"); (2) successors in interest to the owner to the
property interests; or (3) any other owners of the property interests, as may be
applicable, to purchase the property interests for the purchase price of One
Hundred Forty Six Thousand Four Hundred Ninety Three dollars and no cents
($146,493.00) (proportionate to each owner), and other consideration, as
prescribed in the Contract of Sale (the "Agreement'), as attached hereto and made
a part hereof as Exhibit "B "; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommends approval
(6 -0).
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager or his designee to execute an Easement Purchase Agreement
(herein so called), as attached hereto and made a part hereof as Exhibit "A ", by
and between Melvin R. Haisler, Mary Ann McCutcheon, J.B. Haisler, Jr.,
individually and as Trustee of the J.B. Haisler, Jr. Trust (the "Owner "), and the
City of Denton (the "City "), regarding the sale by Owner and purchase by the
City of two easements consisting of 6.841 and 0.173 acres, respectively, being
situated in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton
County, Texas, located generally on the south and north sides of S.H. Loop 288,
respectively, east of Farm to Market Road 2164, for the public use of expansion,
constriction, maintenance, operation, and improvement of electric transmission
and distribution lines, facilities, and strictures (herein, the "Project'), for the
combined purchase price of Six Hundred Seventy Thousand and No /100 Dollars
($670,000.00); authorizing the City Manager, or his designee, to execute and
deliver any and all other documents necessary to accomplish closing of the
transaction contemplated by the easement purchase agreement; authorizing the
expenditure of funds, therefor; and providing an effective date. The Public
Utilities Board recommends approval (6 -0).
F. Consider a request for an exception to the Noise Ordinance for the purpose of the
_1 Annual Komen North Texas Denton Race for the Cure to be held in South
Lakes Park Saturday, September 28, 2013, from 6 a.m. to 11 a.m. Amplified
sound is needed for public announcements regarding race times and to play music
during event. The exception is specifically requested to increase sound levels
from 70 to 75 decibels. Staff recommends approval of request.
G. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a funding agreement between the City of Denton and the
Denton Affordable Housing Corporation; providing for the terms of said contract;
authorizing the City Manager to execute the agreement and to expend Home
Investment Partnership Program funds with respect to the agreement; and
providing for an effective date.
City of Denton City Council Agenda
September 17, 2013
Page 12
H. Consider adoption of an ordinance accepting competitive proposals and awarding
a public works contract for concrete repair and installation services including curb
and gutter replacement and flat work for various City of Denton departments;
providing for the expenditure of funds therefor; and providing an effective date
(RFP 5241— awarded to Floyd Smith Concrete, Inc. in the not -to- exceed amount of
$10,000,000).
L Consider a recommendation to the City Council to adopt an ordinance rejecting
any and all competitive proposals for RFP 5218- Hangar Development at the
Denton Enterprise Airport for the City of Denton, or take other appropriate action
with regard to such proposals; and providing an effective date. The Council
Airport Committee recommends approval (2 -0).
J. Consider adoption of an ordinance approving the expenditure of funds for a three
(3) year contract with Motorola Solutions, Inc. for maintenance services for radio
communications network equipment for Denton Municipal Electric (DME)
available from only one source in accordance with Texas Local Government Code
252.022, exempting such purchases from requirements of competitive bids;
providing for the expenditure of funds therefor; and providing an effective date
(File 4823 — Purchase of Three (3) Year Maintenance Services for Radio
Communications Network for DME in the annual amount of $31,999.92, for a
three (3) year not -to- exceed total of $95,999.76. The Public Utilities Board
recommends approval (6 -0).
K. Consider adoption of an ordinance approving a Third Amendment to a
Commercial Operator Airport Lease Agreement between the City of Denton,
Texas and Alan Ritchey, Inc. for assignment to Nebrig Properties, L.P.; and
providing an effective date. The Council Airport Committee recommends
approval (2 -0).
L. Consider approval of the minutes of:
August 13, 2013
August 20, 2013
M. Consider adoption of an ordinance authorizing the City Manager to execute an
Interlocal Agreement with the City of Corinth, Texas under Section 791.011 of
the Texas Government Code, to authorize the City of Denton to provide various
Information Technology resources for the City of Corinth; authorizing the
acceptance of funds from the City of Corinth therefor; and declaring an effective
date (File 3839 — Interlocal Agreement with the City of Corinth).
N. Consider approval of a resolution of the City of Denton, Texas calling a public
hearing to consider establishing a Reinvestment Zone XI for Tetra Pak, ratifying
prior actions, and declaring an effective date.
O. Consider adoption of an ordinance awarding a contract for the purchase of a
Networked Video Surveillance Camera System for the City of Denton Service
Center and additional locations as needed, as awarded by the State of Texas
Department of Information Resources (DIR) through the Go DIRect Program,
City of Denton City Council Agenda
September 17, 2013
Page 13
Contract Number DIR -SDD -1722; providing for the expenditure of funds therefor
and providing an effective date (File 5233— awarded to Sigma STS 360, LLC in
the not -to- exceed amount of $221,307).
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations /appointments to the City's Boards & Commissions.
1. Community Development Advisory Committee
2. Historic Landmark Commission
3. Human Services Advisory Committee
4. Public Art Committee
5. Zoning Board of Adjustment
8. PUBLIC HEARINGS
9. CITIZEN REPORTS
10. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071 - 551.086 of the
Texas Open Meetings Act.
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 2013 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
City of Denton City Council Agenda
September 17, 2013
Page 14
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1- 800- RELAY-
TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE
CITY SECRETARY'S OFFICE.
Woo II< tl,ssk)i,� 3
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: City Manager's Office
ACM: Jon Fortune 9
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a proposed
Hotel /Convention Center.
BACKGROUND
Pursuant to the long standing objective to provide adequate convention center facilities to meet
the needs of the community and to encourage and promote economic development through
convention and tourism related activity in the community, the City has considered many
proposals over the past few years. More recently, staff has been reviewing a proposal from
O'Reilly Hospitality Management (OHM) that we believe has all the necessary elements to be a
successful project. Staff has been working from this proposal to finalize a draft Development
Agreement in collaboration with OHM and University of North Texas (UNT) to build a
convention center and convention center hotel.
As staff continues the process of negotiating and further refining the details of a Development
Agreement to propose to City Council, this agenda item was scheduled to provide the Council an
update on the project and give you more detail on the major elements of the proposal. Some
details may have changed since the last briefing which will be discussed during the presentation.
Feedback from the Council will be appreciated as the proposed development agreements are
finalized and provided to you for your consideration in the near future.
If approved, the project will be built on UNT property which will be leased to the City to build
and own the convention center, and to O'Reilly Hotel Partners Denton (OHPD) to build and own
the Hotel. The proposal includes plans for the City to lease the convention center to OHPD
which would be operated and managed by OHM (same operator as the hotel). It is important to
note that the City would be funding the convention center only and not the hotel.
The hotel is planned to be an Embassy Suites of approximately 318 rooms (twelve stories tall),
but at a minimum will have 275 rooms (nine stories tall) and includes a Houlihan's restaurant.
Both would be funded by OHM and represent an approximately $60 million investment.
The convention center is currently proposed to be an approximate 100,000 square foot facility
and includes an approximate 30,000 sq /ft ballroom. It will be designed to handle very large
Agenda Information Sheet
September 17, 2013
Page 2
events and be able to accommodate approximately 2,000 for banquet style seating. Though the
size of the convention center has decreased as has been previously discussed, the overall
amenities now included will increase the marketability of the facility. Staff will provide a more
detailed description of these changes at the September 17 Work Session. The City would fund
and own the convention center which is estimated to cost $25 million.
Financing of the convention center is anticipated through the issuance of Certificate of
Obligation Bonds which would be self supported from project related revenue, and includes an
annual rent from OHPD to the City necessary to satisfy the City's debt obligation. The project
also anticipates the creation of a Tax Increment Investment Zone to capture the growth in
appraised value of the project. Both the County and DISD will be invited to participate, though
there have been no formal commitments to do so.
The major development concepts of the project that were originally identified in the non - binding
Memorandum of Preliminary Agreement dated January 2012, and that have been discussed
openly at numerous public meetings, have not changed. As such, staff intends to provide only a
brief overview of the project itself, and spend more time discussing the details to be included in
the proposed development agreements including the following specific topics:
• Identifv the necessary documents included in the Master Development Agreement
• Project Feasibility Process
• Development Steps
• Significant Agreement Elements
• Proposed financing of the Convention Center
• Example of Project Financial Proforma
Staff plans to provide additional details during the Work Session discussion and will be available
to answer any questions you may have regarding this exciting project. Please note that a second
worksession is scheduled for October 1 to permit more council discussion and to respond
specifically to questions you may have following the presentation on the 17tH
PRIOR ACTION/REVIEW
September 2011 — Received proposal from O'Reilly Hospitality Management (OHM)
January 2012 — City, OHM and UNT reach non - binding agreement on guiding principles to
negotiate a development agreement.
March 2012 — City and OHM meet with local hotel operators at the Quarterly Convention and
Visitor Bureau Hospitality Meeting to present the proposed project.
May 2012 — City Council Work Session to receive overview of proposed project and meet with
the prospective developer, Tim O'Reilly.
December 2012 — City and OHM present proposed project to the DISD Trustees during a Trustee
Meeting.
March 2013 — City Council Work Session discussion and update of proposed project.
Agenda Information Sheet
September 17, 2013
Page 3
FISCAL IMPACT
The proposed Hotel and Restaurant are estimated to cost $60 Million and will be funded and
owned by OHPD. The Convention Center, which will be owned by the City, is estimated to cost
$25 Million and will be funded through the issuance of Certificate of Obligation Bonds. Project
related revenue (Hotel Occupancy Taxes, TW revenue and sales taxes) plus rent payments by
OHPD will be dedicated to meet the required annual debt obligations to fund the Convention
Center.
EXHIBITS
PowerPoint Presentation
Respectfully Submitted:
Jon Fortune
Assistant City Manager
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Planning and Development j
ACM: John Cabrales U "
SUBJECT
Receive a report, hold a discussion and give staff direction on the Better Block Project
BACKGROUND
The Better Block project is a planning tool that acts as a living charrette to obtain feedback
from the community in real time on the redevelopment of a designated project area. It allows
communities to actively engage in the build -out process and looks for innovative solutions to
achieve the shared vision of the community. Beyond the temporary improvements that show
how a street could be improved, strictures redeveloped and repurposed, one of the strongest
outcomes of the Better Block project is creating a greater sense of community.
The Better Block concept was created by Jason Roberts and began in April, 2010, when a
group of community organizers, neighbors, and property owners got together to revitalize a
block in an underutilized corridor. The group worked together to bring all of the resources
from the community and transformed the block into a walkable and bikeable neighborhood
destination. The group introduced bike lanes, cafe seating, trees, plants, pop -up businesses,
and lighting where it did not exist prior. Since then, the Better Block concept has spread and
has been developed throughout the world where some temporary improvements have become
permanent.
Today, Team Better Block includes Andrew Howard, and assist cities with planning,
designing and measuring the impacts of Better Block project as an alternative to the typical
urban planning process.
The Better Block concept was brought to staff by the Committee on Citizen Engagement, and on
August 21, 2013, a Better Block Project meeting was hosted by the City at the Greater Denton
Arts Council. The goal of the meeting was to introduce the Better Block concept to the
community, obtain initial feedback about the concept, and to determine the interest level in
hosting a Better Block Project in Denton. Approximately 100 residents attended the meeting
including City Council members and other board and commission members who were interested
in learning about the Better Block concept. All attendees were provided a questionnaire, asking
them:
1) Do you think a Better Block project is a good idea for Denton?
2) Do you have any suggested areas for a Better Block project?
3) Would you be willing to volunteer or donate money for a Better Block project here in
Denton?
Agenda Information Sheet
September 17, 2013
Page 2
Of the approximately 100 residents in attendance 75 returned the questionnaire. Following are
the results by percentage of respondents:
Question
Yes
No
1) Do you think a Better Block project is a good idea for Denton?
100%
0%
2) Do you have any suggested areas for a Better Block project?
99%
1%
3) Would you be willing to volunteer or donate money for a Better
Block project here in Denton?
100%
0%
In response to Question 42, staff received several locations for consideration that are compiled
and the locations illustrated in Exhibit 43.
There are several reasons cited by the Better Block consultants for this project. In summary, a
Better Block Project aids in the review of zoning, as it may determine if a proposed use, although
beneficial to the project, may be precluded by the underlying zoning district. It assists the public
in visualizing a blocks potential and may aid to test a pilot program or similar (e.g., back end
parking).
The process to host this event is approximately three months in duration and includes significant
community involvement and participation. The process for development and implementation of
this one -day event includes:
1) Surveying potential locations;
2) Presentation of findings to stakeholders;
3) Formation of a community builds team;
4) Site selection; and
5) Brainstorming land uses and site specifics with the community.
The approximate cost to host a Better Block Project is approximately $40,000. Included as
Exhibit 1, is a proposal for Denton that itemizes the individual cost by task description and
deliverable for each phase of the project. It is noted in the proposal that communities also use this
as a menu and contract for some parts and use volunteer effort for others. Staff has prepared a
presentation that provides information on the overall cost.
The Better Block Project consultants also measure a list of metrics during the event. These
include:
1) Sales Tax
2) Traffic Generation
3) Noise Level
Upon completion of the project, a list of metrics is provided with a report that outlines the next
steps in making this demonstration project a reality.
Agenda Information Sheet
September 17, 2013
Page 3
RECOMMENDATION
Staff request City Council direction on the implementation of a Better Block Project.
EXHIBITS
1. Denton Better Block Proposal
2. Results of Better Block Project Meeting Questionnaire
3. Suggested Areas for Better Block Project
Respectfully submitted:
4'°
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Brian Locldey, AICP, CPM
Director, Planning and Development Department
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Just how fast can an area be revitalized? Some cities are doing it in days, not
years using the Better Block. The Better Block approach to revitalization begins with
temporarily transforming a single block into vibrant destination that illustrates the
potential for new business, safer streets and improved livability. Built with community
talent and resources over a weekend, the result is a vision for an authentic place and
the momentum needed to make it happen permanently.
"Cities have the capability of
providing something for
everybody, only because, and
only when, they are created by
everybody."
— Jane Jacobs
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"We build Better Blocks for all people"
Team Better Block was founded in 2010 as a
transportation and placemaking focused public -
outreach firm that temporarily re- engineers
auto - dominated, blighted, and underused urban
areas into vibrant centers.
Team Better Block's directors, Andrew Howard,
AICP, and Jason Roberts, have over 20 years
experience in Urban Planning and IT consulting.
They have worked as contributing authors to
national Context Sensitive Design manuals and
Open Plans Guides. Their work was featured in
the 2012 Venice Biennale and has been
spotlighted in The New York Times, The
Washington Post, and Dwell Magazine.
The Better Block approach has been used in
over fifty cities around the world to illustrate
rapid street changes and community
revitalization. These cities have reported
greater understanding and urgency by elected
officials, leaders, and citizens for permanent
change.
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II 0' °° III' °° 0 °t 95g13 j 0 yq: a ui° s
EXPERIENCE: TRANSPORTATION PLANNING – 13 Years
EDUCATION: TEXAS A &M UNIVERSITY – Bachelor of Geography,
1999
PROFESSIONAL HIGHLIGHTS: Contributing Author: Institute of Transportation
Engineers Recommended Practice on Context Sensitive Design for Walkable Urban
Thoroughfares, Open Plans Guide to Strategic Urbanism and Texas Context Sensitive
Deisgn Manual and Process. Over thirty cooridor, master and regional transportation
plans. Co- creator of the Better Block Project.
AWARDS /ACHIEVEMENTS: American Society of Landscape Architects, Honor Award
for Communications 2011, Venice Biennale 13th Annual International Architecture
Exhibition, Texas Bicycle Coalition Advocate of the Year 2012
BIO: Andrew Howard, AICP worked for 12 years in traditional urban and transportation
planning at regional government offices and a top national engineering firm before
leaving to help pioneer a new approach to public outreach. Realizing that over the past
several decades, designers and city officials have struggled to create and maintain
interest from local communities for long -term urban revitalization, Andrew and Co-
founder Jason Roberts created The Better Blocks Project.
RELEVANT EXPERIENCE: Now being used in over fifty cities and three nations, the
better block is replacing townhall meetings with active participation that leads to rapid
change.
Team Better Block L.L.C., Dallas, TX – Principal, 3 Years
• Norfolk, VA Art and Design District, Norfolk, VA – Project Manager
• Dallas Complete Streets Initiative, Dallas, TX — Project Planner
• Wichita Bicycle Master Plan, Wichita, KS — Transportation Planner
• San Antonio Complete Streets, San Antonio, TX – Project Manager
• Saint Paul Complete Street Design Manual, Saint Paul, MN — Transportation
Planner
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J S O IN I
EXPERIENCE: I/T Specialist — 15 Years
EDUCATION: UNIVERSITY of NORTH TEXAS — Undergraduate
Studies in Computer Science
PROFESSIONAL HIGHLIGHTS: Co- creator of the Better Block Project, founder of the
Oak Cliff Transit Authority, Bike Friendly Oak Cliff, Go Oak Cliff and Art Conspiracy.
Speaker at ProWalk Pro Bike 2011, TEDX Austin and Oklahoma and Mayors Innovation
Conference 2012.
AWARDS /ACHIEVEMENTS: American Society of Landscape Architects, Honor Award
for Communications 2011, Venice Biennale 13th Annual International Architecture
Exhibition, Texas Bicycle Coalition Advocate of the Year 2012
Jason is an I/T Specialist with 15 years of experience in programming, website
development, and network infrastructure planning. In 2006, he formed the Oak Cliff
Transit Authority, a non - profit organization, and developed their marketing and web
presence, which lead to the city of Dallas being awarded a federal stimulus grant to
reintroduce a streetcar system into the city by 2013. Jason recently spearheaded the
"Better Block Project ", where he organized teams of advocates to revive blighted,
vacant blocks of pre -war buildings into livable, sustainable developments complete with
temporary businesses, landscaping, bike lanes, and outdoor cafe seating.
As a public outreach consultant, Jason specializes in translating complex engineering
and planning terms and methods into easily understood messages for general public
consumption. Additionally, he is adept at communicating with media outlets and
providers throughout the nation. Jason serves as the prime community and media
contact during both planning and design phases. Jason's role in Better Block is to lead
all communications, organize stakeholders and lead coordination with government
authorities.
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Purpose of Denton Better Block —
The city of Denton and its business
owners and citizens have done an
amazing job of revitalizing the
downtown. The Better Block seeks to
build upon this success and
demonstrate how investment in the
fringes of downtown will strengthen
the overall market.
We have crafted the following
tools to create a better block in
your community. The entire set of
tasks is $40,000. Communities also use this as a menu and contract for some parts and
Team betterblock.com
214 - 235 -7886
use volunteer effort for others.
1- BB Public & Private Space Survey (PPSS) $5,000 - Survey of area public and
private spaces, quality %a these spaces,
and identification of rapid redevelopment
potential. Team Better Block's PPS
Survey provides a detailed analysis of a
community's assets, potential
stakeholders (property owners, activists,
non profits, businesses, artists), and quick
win opportunities that allow a jumping -off
point for a Better Block demonstration.
The PPSS tool also identifies local
materials and resources that can best be
utilized to rebuild a community while
showcasing the area's natural character.
Deliverables:
Present to stakeholders on Better Block
PPSS Survey of area
Preliminary list of stakeholders with contact
information
Selection of location based on a mutually
agreed upon criteria by the client and
consultant
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II - BB CBT (Community Build Team) $3,000 - The CBT replaces the Stakeholder
Advisory Committee in traditional planning projects. This group is made up of leaders
and activists within the community who will engage in the build -out of the Better Block.
This activity replaces the townall meeting and puts us in the street defining quick wins
and lasting changes that need to occur for a place to be successful.
Deliverables:
Stakeholder engagement through formation of Community Build Team and follow -up
interviews
Community walk- through Shared tracking document for volunteer assignments
Management and oversight
of Better Block elements ................ ......................�
III - BB Identity Package
(IP) $3,000 - BBIP ties an
area's history and culture to
placemaking. Careful
development of graphic
design elements that brand
area, website development,
social media, and marketing
of BB district.
Deliverables:
Online social media and blog
site for the Better Block event
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Print -ready collateral suitable for marketing
Event program
walk. run bilke, SIL shop.
pass ave Ibohws IgvanmiiVlh o n 9& un, BaoaIWns
IV - BB Build Plan (BP) $5,000 - Team Better Block will prepare a Building Plan that
illustrates your block. The BP will include a rendering of the Block, material list, street
cross section, cost estimates and powerpoint describing the Better Block. Permitting,
traffic engineer approval and private property stakeholders will be coordinated with
during this phase.
Deliverables:
Street and Traffic Control Build Plan for Better Block
List of materials, rentals and vendors
necessary to complete the Better Block 1 �'.....
Public space program with descriptions
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V - BB Starter Kit $7,000 — This is all the good stuff! A refined build plan with a list of
materials to construct and rent will be assembled and final budget needs and donations
determined. Typically materials include, planters, plants, bollards, temporary painted
surface, bicycle lanes and parking, street furniture and lighting. We will identify as many
as possible local sources, define opportunities for local craftsman, artist and DlYers to
participate, build -out ourselves or rent the needed materials.
Deliverables:
Street and Traffic Control Build
Plan
Listing of materials included in
Team Better Block fee
Listing of materials needed from
Partners
NOTE: Typical materials used in the Better Block Starter Kit,
such as street furniture, lighting, art features and temporary paint
are included inTeam Better Block fee. Materials that the client is
expected to provide are appended to this contract.
VI - BB Market Analysis Survey (MAS) $2,000 - Our MAS tool polls the community to
find what businesses are missing, and what could easily be developed by and for the
community. Team Better Block stresses the need to build up the local community to
create solutions for businesses or services that residents feel are "missing" or "lacking"
We use this information to seed pop -up businesses for the Better Block. Working with
property owners we secure short -term access agreements and fill vacant storefronts
with community inspired and run shops. We have found that many of these shops
become permanent after the better block!
Deliverables:
List of existing businesses
List of businesses missing in the area
Matchmaking for new businesses
Space marketing
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VII - Better Block (BB) $10,000 -
Team Better Block's signature tool to
activate a block and stimulate
redevelopment, increase social
engagement, area economics, and
heighten an area's perception of
safety. The Better Block is a "living
charrette" that takes the community
onto the street and begins the
process of creating a great "place"
that can better identify and
strengthen a community. Team
Better Block can customize our
involvement in your BB event to be
turn -key to simple guidance. The
reality is set a date and make it
happen. We are here to make sure
yours is a success.
Deliverables:
Installation check -list
Agency coordination
Volunteer coordination
Mobilization and installation
On -site management and operation
Team betterblock.com
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VII Better Block Wrap -up $5,000 - Team Better Block will deliver a completed study
of the project and outline next steps for continued growth and promotion of the Better
Block area.
Deliverables:
List of metrics
Written account of interviews
Photo log
Summary memo
Next Steps Report
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Over the past several decades,
designers and city officials have
struggled to create and maintain
interest from local communities for
long -term urban modifications.
Images of an ideal future urban
condition seem too distant and
unachievable for many members of
these communities. The Better
Blocks illustrates how simple
modifications can powerfully alter the
economic, social, and ecological
value of a city by gathering
designers and community volunteers
together to create a one -day urban
intervention to spark the imagination
and interest of citizens and leaders
alike.
Cities are now using the weekend
intervention not just to design urban
spaces but also the codes and
ordinances that have become the de
facto generator of urban form. For
example, Norfolk, VA REALTOR
Patrick McGill of CBRE announced a
15, 000 sf building, which had been
on the market for years, sold for $1.1
million during a recent better block.
Ron Williams, assistant city manager
of Norfolk adds that zoning changes
took placein two months instead of
the normal two years. The adjacent
infographic shows how cities have
been putting the Better Block to use!
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Team Better Block worked with the City of Wichita
and Toole Design to demonstrate "Complete Streets"
principles as part of the city's bicycle master plan
initiative. The team worked with private business
owners, advocacy organizations, and city staff to
create pedestrian plazas, bulb -outs, cycle tracks,
reverse angled parking, and bike lanes on a stretch
of Douglas Avenue near downtown Wichita.
Upon completion of the Better Block, city staff
members hailed the project as an "incredible
exercise which helps communities better understand
how street changes can make great places for
people, bicyclists and cars ".
Team betterblock.com
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10 ) Page
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This project was aimed advancing the planning,
design and implementation of a district that could act
as the cultural center of Hampton Roads. Team Better
Block, the City of Norfolk, VA
and over one hundred and thirty volunteers and
community leaders gathered to temporarily build
an Arts District.
Within a few
weeks of the
project a
15,000 square
foot long vacant
building sold,
council passed
zoning
changes, a
pop -up shop
moved toward
permanency,
and a
streetscape
plan was
advanced.
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"The neighborhood league
first opposed the formation
of an Arts District, after the
Better Bloch l received a
letter of support from
th „qqp Y"
Frank IDulke, AIICIP City of
IN011olllk
lEriic IR. Ost1h, AIIA IPiriindpall
at UrIban IDesiign
Associates
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Faced with a low response rate to sustainable
development programs in Australia, multiple
agencies reached out to Team Better Block to
improve the outreach model for government
programs in New South Wales, Australia. Team
Better Block created a training module and public
outreach method for the Department of Climate
Change and Department of Planning and
Infrastructure. The result of the trainings included
greater media understanding of the programs and
citizen action. To date three better blocks have been
completed in Australia with many more planned.
Citizens are making use of government programs for
water and energy conservation and reengaging with
the planning process in record numbers.
12 ) Page
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designers, planners, engineers)
need to realize feast the locals
can and viant to make place
and give them the povier to d
so 7"eam Better Block provided
us tvith the tools, best practices
and inspiration to make a
positive influence our our sit. "
Suzette Jackson
Iini a to III: Ns�
eeNon , ustr 111
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Jason Roberts
jason(a-teambetterblock.com
@mannytmoto
13 ) Page
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Andrew Howard
and rew(aD-team betterblock.com
@street space
Consulting: team betterblock.com
Non - Profit: betterblock.org
TO: John Cabrales, Assistant City Manager
Brian Locldey, Director of Planning and Development
FROM: Katia Boykin, Planning Supervisor
SUBJECT: Results from the August 21, 2013 Better Block Meeting
CC: Erica Marohnic, Planning Supervisor
Ron Menguita, Planning Supervisor
Mr. Cabrales and Mr. Locldey,
On Wednesday, August 21, 2013 a Better Block presentation was hosted by Councilman Kevin
Roden. The meeting yielded approximately 100 residents including City Council members, other
board members and commissioners, who are concerned about improving certain areas of the City
of Denton.
Upon sign in, the attendees were provided a three question Better Block Project Questionnaire.
Approximately 75 participants completed the questionnaire. The results are as follows:
1. Do you think a Better Block projects is a good idea for Denton?
• 75 participants marked YES.
• One (1) participants marked both YES and NO and stated, Don't know, have ideas,
would organize efforts.
2. Do you have any suggested areas for a Better Block project?
• 70 participants marked YES.
• One (1) participant marked NO.
• Four (4) participants did not respond.
Please seepage two (2) for comments and suggested project areas.
3. Would you be willing to volunteer or donate money for a Better Block project here in
Denton?
• 75 participants marked YES.
Suggested Areas for a Better Block Project
• Maple Street behind the new Viet Bites restaurant (there area some very cool
buildings /houses that are vacant but not sure how they are zoned), and Sherman around the
old Piggly Wiggly (this area is in desperate need of some bike lanes and some walkable
businesses for the nearby neighborhoods).
• South Elm St. same parking lot as Casa Galomez. Multiple store fronts that are empty with
a huge parking lot
• A public space near Fred Moore create a park or small commercial center /plaza
• Old tax office and area around it. Also, the entire area around Galavez and El Guapos is a
possibility.
• Use empty undeveloped lots and do a cooperative community effort to make parks
• Walnut Street behind Beth Maries, Locust between McKinney and Congress, McKinney
between Bell and Colorado, South Locust and South Elm between Eagle and Sycamore.
• North of Square. Anywhere from Carroll to Bell
• Avenue B between Hickory and Oak
• Cross streets near the train stations
• Could the old fire station be used for the common place for food tricks?
• Pecan Street, Cedar Street, Oakland by TWU
• Train corridor, Industrial, Corridor between UNT and Square, Pockris Page,
University/3180
• Designated neighborhood zones with design standards
• McKinney from the Post Office to Bell
• Cement City Area, Southeast Denton area, old tax building, University and Locust area
• Get short list of corridors, especially rail, Southeast Denton lots of potential, TWU
north/south streets from downtown to University, east/west streets to UNT
• Alley behind Beth Marie's is always fill of trash and is unused space. Would be fun to
have a blocked off alley way.
• North Austin between East McKinney Street and East Oak Street
• Bike lanes, incorporate the ethnic pockets in town in what we do and its benefits
• Outdoor art exhibit, integrate art and function, designer crosswalks, murals on utility bikes,
etc.
• Old tax office, square perimeter streets, south of square
• Off of downtown, connect university, create neighborhood hub that's not exactly
downtown
• Street on west side of TWU off of Austin Street, southeast corner of McKinney and Locust
• Denton Center Parking Area, side streets adjacent to Square, Sherman Dr. /Piggly Wiggly
area
• Food carts and street trees in an empty parking lot (Krogers, Dollar Store off the square)
• University (mostly area closer to TWU, Southeast and Industrial area — near graveyard,
Piggly Wiggly on Sherman
• Dallas Drive, Scripture at Jagoe, McKinney at Locust, McKinney at tax office, Bell at
Hickory, by the Movie Tavern
• Trees in Neighborhoods, encourage them
• Behind /next to recycled books /old decrepit Post Office just off the Square
• South Locust, between Maple and Prairie lots of vacancies, a couple of new businesses and
a 1900's brick hospital that is waiting for an amazing tenant.
• Train station to Downtown, the end of Austin Street, TWU Area, South Denton,
McCormick/University Drive, Kroger Strip Mall
• No chains.
• Strip center on University Drive where there is a Dollar General, cleaners, Cajun
restaurant. Also across the street there is a 7- Eleven and elementary school.
• Outside area that can involve areas for children to play, splash pad, and etc. while parents
can eat. (Kroger area on University Drive)
• Old "tax" building across from City Hall, Denton Center (University Drive), S. Elm Street
• Southeast Denton/ Fred Moore area / VFW Building, Prairie Street & Bell Avenue, South
Locust & Eagle, Elm Street & Fort Worth Drive
• Denton Center
• MLK/ Fred Moore area, East of Bell Avenue /South of McKinney Street,McKinney Street,
Locust/ North of Eagle
• Oak Street behind Oakland & Bell Avenue, Cedar Street between Hickory Street and Oak
Street
• The areas of far south and far north Elm Street and Locust Street, the Exposition and
Railroad Streets areas of Southeast Denton
• East Denton — increase diverse traffic. Let's get a splash park over there in a space where
businesses, restaurants and novelty treats can open
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Planning and Development
ACM: John Cabrales
SUBJECT
Receive a presentation, hold a discussion and give staff direction on the reorganization of the
Planning and Development Department.
BACKGROUND
The Planning and Development Department is in the final stages of the reorganization pursuant
to the direction received during the City Council Planning Session retreat on January 29, 2013.
At this time, staff has prepared a presentation to illustrate the new stricture and to inform
Council of two new internal programs that will be implemented to improve service delivery to
the Denton community.
The purpose of the reorganization is to create two distinct sections, Neighborhood Services and
Development Services to maximize the natural working relationships within these sections. As
well, it is the objective of this reorganization to improve on the development and implementation
of existing programs and services through better coordination, communication, and collaboration
between the internal divisions of Planning and Development and other City Departments.
Through this restructuring, new programs and services that are targeted towards neighborhoods
and the development community can be developed.
The Neighborhood Services section will consist of the Community Standards and Compliance
Division, Community Development Division, and the Neighborhood Planning Program. The
goal of this section is to strengthen Denton neighborhoods from the inside out. Through the
programs and services that will be developed and offered such as: Denton Neighborhood
Academy; Denton Block Leader; Neighborhood Empowerment Summit and Neighborhood
Empowerment Program, this section will proactively meet with neighborhoods to advise them of
the programs and services offered by the City and to assist them in establishing neighborhood
associations. It is also to develop new programs to meet their respective needs. An added benefit
of this section is to connect the neighborhood with available City resources from other
Departments to improve their quality of life.
The Development Services section will consist of the Planning Division, Building Inspections
Division, and Gas Well Inspections Division. The goal of this section is improve the processes
and procedures necessary to facilitate sustainable development. The motto of this section is
"Moving from customer service to customer satisfaction." As part of this section, a Permit
Center concept and team approach to project management will be implemented.
Agenda Information Sheet
September 17, 2013
Page 2
Staff has prepared a presentation of the reorganization that will be provided during the work
session.
EXHIBITS
1. Current Planning and Development Organizational Chart
2. Proposed Planning and Development Organizational Chart
Respectfully submitted:
a
Brian Locldey, AICP, CPM
Director, Planning and Development Department
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Finance
ACM: Bryan Langley i_4
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2013 -14 Proposed
Budget, Capital Improvement Program and Five -Year Financial Forecast.
BACKGROUND
The FY 2013 -14 City Manager's Proposed Budget was submitted to the Council on July 26,
2013. Staff provided the City Council with a comprehensive overview of the proposed budget at
a Budget Work Session on August 1, 2013. In addition, the City Council has also held work
sessions on the proposed budget on August 5, 6, 13, 20, and September 10. During the above
mentioned meetings, the City Council asked a number of questions and requested a variety of
information concerning the budget proposal. In response to the questions, staff provided
memorandums to the City Council on August 13, August 20, and September 10. The purpose of
this agenda item is to provide the City Council with an additional opportunity for questions and
dialogue.
Below is the planned schedule to adopt the budget and tax rate:
September 17 - City Council Considers Budget and Tax Rate
I look forward to discussing the budget materials in detail with you. If you have any questions,
or need additional information, please let me know.
Respectfully Submitted:
Chuck Springer, 349 -8260
Director of Finance
u.� d O : HC e
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Finance
ACM: Bryan Langley Z -A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property
tax of the City of Denton, Texas, for the year 2013, on all taxable property within the corporate
limits of the city on January 1, 2013, and adopting a tax rate of $0.68975 per $100 of valuation
for 2013; providing revenues for payment of current municipal maintenance and operation
expenses and for payment of interest and principal on outstanding City of Denton debt; providing
for limited exemptions of certain homesteads; providing for enforcement of collections;
providing for a severability clause; and providing an effective date.
BACKGROUND
The proposed tax rate of $0.68975 per $100 valuation is used to balance the FY 2013 -14 Budget.
This proposed tax rate is the same as the prior year, but is above the effective rate of $0.68872.
Of the proposed tax rate, $0.47480 will be applied to fund operations and maintenance in the
General Fund and $0.21495 will be applied to fund tax - supported General Obligation and
Certificates of Obligation debt.
The property tax exemptions provided by the City Council are also described in the attached
ordinance. Per the direction of the City Council, the over 65 exemption has been increased from
$45,000 to $50,000 in FY 2013 -14. All other exemptions remain at the same level as in previous
years.
PRIOR ACTION/REVIEW
The FY 2013 -14 Budget was submitted to the City Council on July 26, 2013. A workshop to
present the details of the Budget to the City Council was conducted on August 1. The City
Council also discussed the proposed budget during Work Sessions on August 5, August 6,
August 13, August 20 and September 10. A Public Hearing on the Budget was held on August
20. In addition, two public hearings were held on the proposed tax rate on August 20 and
September 10.
Agenda Information Sheet
September 17, 2013
Page 2
FISCAL INFORMATION
The proposed property tax rate will generate $48,022,417, of which $33,056,849 will be used to
fund operations and maintenance in the General Fund and $14,965,568 will be used to fund tax -
supported General Obligation and Certificates of Obligation debt. An additional $116,782 will
also be generated for the Downtown Tax Increment Reinvestment Zone district.
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
S:A Legal \Our Documents \Ordinances 13 Ord ad valorem tax lew.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, LEVYING THE AD VALOREM
PROPERTY TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2013, ON ALL
TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1,
2013, AND ADOPTING A TAX RATE OF $0.68975 PER $100 OF VALUATION FOR 2013;
PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL MAINTENANCE
AND OPERATION EXPENSES AND FOR PAYMENT OF INTEREST AND PRINCIPAL ON
OUTSTANDING CITY OF DENTON DEBT; PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after notice of a public hearing on the budget was published in the Denton
Record Chronicle and posted on the City's internet web site and its public access television channel
as required by law on August 20, 2013, the City Council of the City of Denton, Texas, (City) held
one public hearing on the proposed budget. This budget will raise more from property taxes than
last year's budget by an amount of $1,810,682 which is a 3.91 percent increase from last year's
budget. The property tax revenue to be raised from new property added to the tax roll this year is
$1,202,783. The notice showing the effect of the proposed tax revenue increase was posted on the
City's web site and the City's public access television channel and any additional notices and
actions were completed, as required by law; and
WHEREAS, this Ordinance sets a tax rate of $0.68975 that, if applied to the total taxable
value, will impose an amount of taxes to fund maintenance and operation expenditures of the City
that exceeds the amount of taxes imposed for that purpose in 2012; and
WHEREAS, the City Council deems it in the public interest to adopt a tax rate for the 2013
tax year of $0.68975; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. By authority of the Charter of the City of Denton, Texas, and the Laws of the
State of Texas, there is hereby levied and adopted for the tax year 2013, on all taxable property
situated within the corporate limits of the City of Denton, Texas, on January 1, 2013, a tax rate of
$0.68975 for each $100 of taxable value. This tax rate is expected to increase total revenue from
properties on the tax roll by 3.91% over 2012 tax revenues.
SECTION 3. Of the total tax rate, $0.47480 for each $100 of taxable value is hereby
included, adopted and shall be distributed to the General Fund of the City to fund maintenance and
operation expenditures of the City in accordance with Section 26.05(a)(2) of the Texas Property Tax
Code and any other applicable laws.
S:A Legal \Our Documents \Ordinances 13 Ord ad valorem tax lew.doc
SECTION 4. Of the total tax rate, $0.21495 for each $100 of taxable value is hereby
included, adopted and shall be distributed to pay the City's debt service as provided by Sections
26.04(e)(3)(C) and 26.05(a)(1) of the Texas Property Tax Code and any other applicable laws.
SECTION 5. THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE.
SECTION 6. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 0.1
PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND
OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $1.03.
SECTION 7. The City Manager, or his designee, is directed to include the following
statement on the home page of the City's Internet website: THE CITY OF DENTON,
TEXAS, ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE
AND THE TAX RATE WILL EFFECTIVELY BE RAISED BY 0.1 PERCENT
AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON
A $100,000 HOME BY APPROXIMATELY $1.03.
SECTION 8. This budget will raise more revenue from property taxes than last year's budget
by an amount of $1,810,682 which is a 3.91 percent increase from last year's budget. The property
tax revenue to be raised from new property added to the tax roll this year is $1,202,783. The notice
showing the effect of the proposed tax revenue increase was posted on the City's web site and the
City's public access television channel and any additional notices and actions were completed, as
required by law.
SECTION 9. Pursuant to Article 8, Section 1 -b of the Texas Constitution, and pursuant to the
provisions of Section 11.13(n) of the Texas Property Tax Code, one -half percent of the assessed
value of residential homesteads, or $5,000 of the assessed value of residential homesteads,
whichever amount shall be greater, shall be exempt from City ad valorem taxes.
SECTION 10. Pursuant to Article 8, Section 1 -b of the Texas Constitution, $50,000 of the
assessed value of residential homesteads of persons 65 years of age or older shall be exempt from
City ad valorem taxes for 2012.
SECTION 11. Pursuant to Article 8, Section 1 -b of the Texas Constitution, $10,000 of the
assessed value of residential homesteads of disabled persons shall be exempt from City ad valorem
taxes.
SECTION 12. For enforcement of the collection of taxes hereby levied the City of Denton
shall have available all rights and remedies provided by law.
SECTION 13. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
PAGE 2
S:A Legal \Our Documents \Ordinances 13 Ord ad valorem tax lew.doc
Ordinance and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 14. This Ordinance shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas, on this the 17th day
of September 2013, at which meeting a quorum was present and the meeting was held in accordance
with the provisions of the Tex. Gov't Code, Section 551.001 et seq. The City Secretary is hereby
directed to record this Ordinance and the vote to adopt the tax rate.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:�
Council Member
Mark A. Burroughs, Mayor
Kevin Roden
Dalton Gregory
Jim Engelbrecht
Joey Hawkins
Pete Kamp
James King
MARK A. BURROUGHS, MAYOR
PAGE 3
Voted For Voted Against
u.� d O : HC B
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Finance
ACM: Bryan Langley �4
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, approving the 2013 tax rolls;
and providing an effective date.
BACKGROUND
As a component of the budget process, the City is required by Chapter 26 of the Texas Property
Tax Code to approve the tax roll on an annual basis. The tax levy is calculated by taking the
2013 Certified Appraisal Roll (excluding property values under protest) and applying the 2013
adopted tax rate. The anticipated collection rate is 100 percent.
FISCAL INFORMATION
The approval of the tax roll will enable the County to mail tax bills in October 2013.
Respectfully submitted:
C.ht1-A> > Vim ,
Chuck Springer, 349 -8260
Director of Finance
S:A Legal \Our Documents \Ordinances 13 tax roll ord.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2013 TAX
ROLLS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the 2013 tax rolls of the City of Denton,
Texas, which will result in a tax levy in the amount of $48,139,199 based on the Certified
Appraisal Roll as approved by the Appraisal Review Board of the Denton Central Appraisal
District.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC •
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:�
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Finance
Z -4
ACM: Bryan Langley
SUBJECT
u.� d O : HC C
Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2013-
2014 Annual Program of Services (Budget) and the Capital Improvement Program of the City of
Denton, Texas, for the fiscal year beginning on October 1, 2013, and ending on September 30,
2014; and declaring an effective date.
BACKGROUND
The City Council received the City Manager's FY 2013 -14 Proposed Budget on July 26, 2013.
A workshop to present the details of the Budget was conducted on August 1, 2013. Further
discussions on the Budget were also held on August 5, August 6, August 13, August 20 and
September 10. A public hearing on the Proposed Budget was also held on August 20 to solicit
citizen feedback. In addition, two public hearings were held on the tax rate on August 20 and
September 10.
The FY 2013 -14 Proposed Budget is summarized by fund in the attached Budget Resource and
Expenditure Summary (Exhibit 1).
EXHIBITS
1. Ordinance
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
SALegal \Our Documents \Ordinances \13 \Budget 2013 -2014 Ord.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING THE FISCAL YEAR
2013 -2014 ANNUAL PROGRAM OF SERVICES (BUDGET) AND THE CAPITAL
IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR
BEGINNING ON OCTOBER 1, 2013, AND ENDING ON SEPTEMBER 30, 2014; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, notice of a public hearing on the Annual Program of Services for the City of
Denton, Texas, for the Fiscal Year 2013 -2014 (Budget) was heretofore published at least ten days in
advance of said public hearing and such other notice was given in accordance with all applicable
law; and
WHEREAS, the proposed Budget was filed with the City Secretary and posted on the City's
Internet website in accordance with all applicable law; and
WHEREAS, a public hearing on the said Budget was duly held on August 20, 2013, and all
interested persons were given an opportunity to be heard for or against any item thereof; and
WHEREAS, on July 22, 2013, the Public Utilities Board recommended the utility operations
budgets and capital improvements to be constructed during the coming year; and
WHEREAS, the City Manager has furnished a copy of the Planning and Zoning
Commission's recommended general obligation bond capital improvements to each member of the
City Council prior to the beginning of the Budget year and as provided by Section 10.03(6) of the
City Charter; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The Budget for the City of Denton, Texas, for the fiscal year beginning on
October 1, 2013, and ending on September 30, 2014 prepared by the City Manager and filed with
the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of
which Budget is attached hereto and incorporated by reference herein.
SECTION 3. The City Council hereby appropriates from available resources to the following
funds:
General Fund
$99,035,260
General Debt Service Fund
44,277,495
Electric Fund
168,359,750
Water Fund
42,905,805
Wastewater Fund
30,327,234
Solid Waste Fund
26,312,990
Airport Fund
2,779,363
SALegal \Our Documents \0rdinances \13 \13udget 2013 -2014 Ord.doex
Technology Services Fund
8,862,772
Materials Management Fund
9,927,952
Fleet Management Fund
13,725,975
Risk Retention Fund
3,020,448
Health Insurance Fund
25,355,219
Engineering Services Fund
4,067,969
Street Improvement Fund
8,204,203
Recreation Fund
2,086,848
Tourist and Convention Fund
1,916,777
Police Confiscation Fund
446,730
Traffic Safety Fund
1,479,740
Parks Gas Well Fund
140,500
Tree Mitigation Fund
50,000
Public Education Government Fund
745,750
McKenna Trust Fund
47,000
Police Donations Fund
7,500
Fire Donations Fund
2,000
Animal Donations Fund
170,000
Park Land Dedication Trust Fund
1,072,000
Park Development Trust Fund
1,704,219
Downtown Reinvestment Fund
150,000
Total Operating Expenditures
$497,181,499
Grant Program
4,766,074
Capital Improvements Program
323,657,313
TOTAL EXPENDITURES
$825,604,886
SECTION 4. The City Council approves the capital improvements proposed to be
constructed during the forthcoming year, which are incorporated in the 2013 -2014 Budget.
SECTION 5. The Budget includes certain unlisted, authorized and unpaid encumbrances
from the prior fiscal year to be carried over to the 2013 -2014 Budget as determined by the City
Manager or his designee.
SECTION 6. The City Council hereby ratifies all prior transfers made under the direction of
the City Manager for the current and prior fiscal years pursuant to Article VIII, Section 8.07 of the
City Charter of the City of Denton. At anytime during the fiscal year, the City Manager may
transfer any part of the unencumbered appropriation balance or the entire balance thereof between
programs or general classifications or expenditures within a fund that has been appropriated by the
City Council. For the purpose of this Ordinance, the City Council defines an organizational unit as
set forth in Article VIII, Section 8.07 of the City Charter, to be a fund that has been appropriated by
the City Council.
SECTION 7. The City Manager, or his designee, shall cause copies of the Budget to be filed
with the City Secretary, County Clerk of Denton County, and the State Comptroller of Public
Accounts in Austin, Texas, and shall post a copy of the Budget as hereby adopted on the City's
Internet website in accordance with applicable law.
PAGE 2
SALegal \Our Documents \Ordinances \13 \Budget 2013 -2014 Ord.docx
SECTION 8. This Ordinance shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas, on this the 17t1'
day of September 2013, at which meeting a quorum was present and the meeting was held in
accordance with the provisions of Tex. Gov't Code § 551.001, et. seq. The City Secretary is
hereby directed to record this Ordinance and the vote to adopt the Budget.
SECTION 9. Sections 2 -26, 2 -27, and 26 -1 of the City of Denton, Texas, Code of
Ordinances are hereby repealed.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Council Member Voted For Voted Against
Mark A. Burroughs, Mayor
Pete Kamp, Mayor Pro -Tern
Dalton Gregory
Jim Engelbrecht
Joey Hawkins
Kevin Roden
James King
PAGE 3
General Fund
$ 88,765,471 $
94,320,286 $
93,766,252 $
99,035,260
General Debt Service Fund
39,759,903
40,462,208
40,526,010
44,277,495
Electric Fund
132,461,227
158,987,525
158,140,589
168,359,750
Water Fund
39,656,473
43,867,930
42,539,724
42,905,805
Wastewater Fund
24,954,688
28,252,407
27,492,465
30,327,234
Solid Waste Fund
22,749,074
25,147,589
24,267,123
26,353,035
Airport Fund
2,056,903
2,492,925
2,138,560
2,779,363
Technology Services Fund
7,900,249
8,972,973
8,972,349
8,862,772
Materials Management Fund
5,725,480
7,438,866
7,438,866
9,927,952
Fleet Management Fund
9,919,782
12,867,975
11,421,213
13,776,595
Risk Retention Fund
2,547,478
2,719,945
2,626,390
3,020,448
Health Insurance Fund
20,760,676
21,812,160
20,956,648
25,355,219
Engineering Services Fund
-
-
-
4,223,144
Street Improvement Fund
7,067,476
7,158,774
7,158,774
8,204,203
Recreation Fund
1,605,350
1,950,348
1,805,318
2,086,848
Tourist & Convention Fund
1,561,592
1,508,740
1,855,129
1,916,777
Police Confiscation Fund
387,237
185,500
301,900
452,200
Traffic Safety Fund
859,432
913,200
968,075
1,608,000
Parks Gas Well Fund
350,000
800,000
794,500
153,500
Miscellaneous Funds(l)
2,784,929
984,191
1,026,363
4,070,751
TOTAL OPERATING RESOURCES
$ 411,873,420 $
460,843,542 $
454,196,248 $
497,696,351
Grant Program
2,839,382
6,296,010
3,769,247
4,766,074
Capital Improvements Program (2)
60,850,061
278,909,663
78,118,439
323,657,313
TOTAL RESOURCES
$ 475,562,863 $
746,049,215 $
536,083,934 $
826,119,738
General Fund
$ 87,353,397 $
94,320,286 $
93,766,252 $
99,035,260
General Debt Service Fund
39,214,545
39,913,999
39,706,506
44,277,495
Electric Fund
128,773,530
158,987,525
158,140,589
168,359,750
Water Fund
36,745,030
43,867,930
42,472,426
42,905,805
Wastewater Fund
23,889,636
28,252,407
27,492,465
30,327,234
Solid Waste Fund
22,735,300
25,124,689
24,267,123
26,312,990
Airport Fund
1,659,771
2,492,925
2,138,560
2,779,363
Technology Services Fund
7,900,249
8,972,973
8,972,349
8,862,772
Materials Management Fund
5,698,693
7,438,866
7,438,866
9,927,952
Fleet Management Fund
9,667,751
12,819,861
11,147,161
13,725,975
Risk Retention Fund
2,270,491
2,719,945
2,607,045
3,020,448
Health Insurance Fund
20,760,676
21,812,160
20,956,648
25,355,219
Engineering Services Fund
-
-
-
4,067,969
Street Improvement Fund
6,075,534
7,158,774
7,158,774
8,204,203
Recreation Fund
1,605,350
1,950,348
1,805,318
2,086,848
Tourist & Convention Fund
1,300,879
1,508,740
1,508,740
1,916,777
Police Confiscation Fund
128,474
155,000
150,500
446,730
Traffic Safety Fund
759,461
896,505
893,209
1,479,740
Parks Gas Well Fund
350,000
800,000
794,500
140,500
Miscellaneous Funds(l)
2,451,918
594,427
674,111
3,948,469
TOTAL OPERATING EXPENDITURES
$ 399,340,684 $
459,787,360 $
452,091,142 $
497,181,499
Grant Program
2,839,382
6,296,010
3,769,247
4,766,074
Capital Improvements Program (Z)
60,850,061
278,909,663
78,118,439
323,657,313
TOTAL EXPENDITURES
$ 463,030,127 $
744,993,033 $
533,978,828 $
825,604,886
(')Miscellaneous Funds include the Tree Mitigation Fund, Public Education Government Fund, McKenna Trust Fund, Downtown
Tax Increment Reinvestment Zone Fund, Westpark Tax Increment Reinvestment Zone Fund, Miscellaneous Special Revenue
Funds, Park Land Dedication Trust Fund, Park Development Trust Fund, Non - Airport Gas Well Fund, and Downtown
Reinvestment Fund.
(')FY 2013 -14 Proposed Budget includes approximately $83 million in unspent Regional Toll Revenue (RTR) funds received for
the Mayhill Road and Bonnie Brae Street expansion projects (total received was approximately $91 million).
u.� d O : HC D
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Finance
ACM: Bryan Langley �4
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the
Fiscal Year 2013 -14 Annual Program of Services (Budget) and the Capital Improvement
Program of the City of Denton, Texas, for the fiscal year beginning October 1, 2013, and ending
on September 30, 2014 when the Budget will raise more revenue from property taxes than last
year's budget; and providing an effective date.
BACKGROUND
Chapter 102 of the Local Government Code (LGC) requires certain provisions to be taken when
the adoption of a budget will require raising more revenue from property taxes than in the
previous year. Specifically, Chapter 102.007 Section C of the LGC states:
"Adoption of a budget that will require raising more revenue from property taxes than in the
previous year requires a separate vote of the governing body to ratify the property tax increase
reflected in the budget. A vote under this subsection is in addition to and separate from the vote
to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law."
The FY 2013 -14 Proposed Budget will require raising more revenue from property taxes than in
the previous year. Because of this, the City Council is required to take separate action to vote to
ratify the property tax increase in the budget.
FISCAL INFORMATION
The FY 2013 -14 proposed tax rate is $0.68975 per $100 valuation, which is the same tax rate as
FY 2012 -13. The FY 2013 -14 Adopted Budget will generate approximately $1,810,682 or 3.91
percent more property tax revenue than FY 2012 -13. Of this amount, $1,202,783 is tax revenue
related to additional value from new constriction over the past year.
Resoectfullv submitted
Chuck Springer, 349 -8260
Director of Finance
s:A legal \our documents \ordinances \13 ratify budget ord.docl
ORDINANCE
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RATIFYING THE ADOPTION OF
THE FISCAL YEAR 2013 -14 ANNUAL PROGRAM OF SERVICES (BUDGET) AND THE
CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS, FOR THE
FISCAL YEAR BEGINNING ON OCTOBER 1, 2013, AND ENDING ON SEPTEMBER 30,
2014 WHEN THE BUDGET WILL RAISE MORE REVENUE FROM PROPERTY TAXES
THAN LAST YEAR'S BUDGET; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, has previously on this day of
September 17, 2013 adopted the Fiscal Year 2013 -14 Annual Program of Services (Budget) and
the Capital Improvement Program for the City of Denton and set a tax rate for 2013 in separate
votes and actions; and
WHEREAS, this Budget will raise more revenue from property taxes than last year's
budget; and
WHEREAS, Section 102.007 of the Texas Local Government Code requires the City
Council to take a separate vote to ratify the property tax increase reflected in the Budget when it
will raise more total property taxes than last year's budget; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Council hereby ratifies the adoption of the City of Denton Fiscal
Year 2013 -2014 Annual Program of Services (Budget) and the Capital
Improvement Program that will raise more revenue from
property taxes than last year's Budget by an amount of
$1,810,682, which is a 3.91 percent increase from last year's
budget. The property tax revenue to be raised from new property
added to the tax roll this year is $1,202,783 with a total tax rate of
$0.68975 per $100 of taxable value. The City Council hereby ratifies the property tax increase
reflected in the Budget.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas on this the 17th
day September 2013 at which meeting a quorum was present and the meeting was held in
accordance with the provisions of Tex. Gov't Code § 551.001, et. seq. The City Secretary is
hereby directed to record this Ordinance and the vote to ratify approval of the adoption of the
Budget that will raise more revenue from property taxes than last year's budget.
s:A legal \our documents \ordinances \13 ratify budget ord. docX
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Council Member
Mark A. Burroughs, Mayor
Kevin Roden
Dalton Gregory
Jim Engelbrecht
Joey Hawkins
Pete Kamp
James King
Paget
MARK A. BURROUGHS, MAYOR
Voted For Voted Against
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Parks and Recreation
ACM: John Cabrales, Jr.
SUBJECT
Consider adoption of an ordinance adopting a schedule of fees for use of certain park facilities;
superseding all prior fees in conflict with such schedule and providing for severability and an
effective date. The Parks, Recreation and Beautification Board recommended approval with a
vote of 5 -0.
BACKGROUND
This ordinance makes changes to the schedule of fees for parks and recreation services that are
included in the proposed FY 2013 -14 Budget. Specifically, fees are adjusted as follows:
The rental fee changes listed below will result in an increase to General Fund of $6,000.
• Increase in rental rates:
• Large Pavilion rental rate from $50.00 to $60.00 for residents and $65.00 for non-
residents, for a 4 hour rental.
• Small Pavilion rental rate from $25.00 to $35.00 for residents and $40.00 for non-
residents, for a 4 hour rental.
• Athletic Field tournament rental from $850.00 to $1,000.00 per complex for
tournaments
The Natatorium fee changes listed below will result in an increase to the General Fund of $4,000.
• Non - Resident pricing will change to be consistent with Department
standard of $5.00 additional for monthly and bi- monthly passes and $15.00
for annual family passes.
• Natatorium Daily Admission Changes (Resident/Non Resident)
• Ages 12+ from $3.50/$5.00 to $4.00/$5.00 and adjust age to 16+
• Ages 6 -11 from $2.50/$3.00 to $3.00/$4.00 and adjust age to 3 -15
years
• Ages 2 -5 eliminated due to age adjustments above
• Children 2 and under, free
Agenda Information Sheet
September 17, 2013
Page 2
■ Natatorium Pass Fee Changes
• Individual (Resident/Non Resident)
0 1 Month from $15.00/$20.00 to $20.00/$25.00
0 4 Month from $45.00/$60.00 to $60.00/$70.00
o Annual from $90.00/$120.00 to $120.00/$13 5.00
• Family (Resident/Non Resident)
0 1 Month from $40.00/$50.00 to $40.00/$45.00
0 4 Month from $120.00/$150.00 to $120.00/$130.00
o Annual from $250.00/$325.00 to $250.00/$265.00
• Punch Card Fee Changes
0 10 Visits
• Ages 12+ from $28.00/$40.00 to $30.00/$35.00 and
adjust age to 16+
• Ages 6 -11 from $20.00/$24.00 to $25.00/$30.00 and
adjust age to 3 -15 years
• Ages 2 -5 eliminated due to age adjustments above
o 20 Visits
• Ages 12+ from $56.00/$80.00 to $60.00/$65.00 and
adjust age to 16+
• Ages 6 -11 from $40.00/$48.00 to $50.00 /$55.00 and
adjust age to 3 -15 years
• Ages 2 -5 eliminated due to age adjustments above
• Addition of Natatorium to All Access Fitness Passes at Recreation
Centers
0 1 Month for $10.00 /$15.00
0 3 Month for $25.00/$30.00
o Annual for $75.00/$80.00
The Water Park fee changes listed below will result in an increase to the General Fund of $1,000.
• Individual (Resident/Non Resident)
• 1 Month from $25.00/$30.00 to $30.00/$35.00
• Annual from $75.00/$90.00 to $75.00/$80.00
• Family (Resident/Non Resident)
• Addition of 1 Month for $85.00/$90.00
• Annual from $225.00/$275.00 to $225.00/$240.00
Agenda Information Sheet
September 17, 2013
Page 3
• Addition of All Access Natatorium /Water Works /Civic Center Pool
Pass
• Individual for $140.00/$145.00
• Family for $390.00/$405.00
■ Water Park Rental Fee Changes
• Change in attendance numbers for 2 Hour Park Rental from 1,000
guests for $1,200 to 0 -600 guests for $1,200
• Park Rental for 600 -800 guests $1,300
• Park Rental for 800 + guests $1,400
The changes to non - resident rates listed below will result in an increase to the General Fund of
$1,000.
• Civic Center hourly rentals
• Rotunda (weekdays)$80.00 /$85.00 and $100.00 /$105.00
(weekends)
• Meeting room 1 (weekdays) $25.00/$30.00 and $35.00/$40.00
(weekends)
• Meeting room 2 (weekdays) $35.00/$40.00 and $45.00/$50.00
(weekends)
• Rooms 1 & 2 (weekdays) $50.00 /$55.00 and $65.00/$70.00
(weekends)
• Community Room (weekdays) $50.00 /$55.00 and $65.00/$70.00
(weekends)
• All meeting rooms (weekdays) $95.00/$100.00
• Plaza $25.00/$30.00
• Kitchen $15.00/$20.00
• Entire facility (weekdays) $170.00/$175.00 and $220.00/$225.00
(weekends)
• Regional Park Rental
• North Lakes $300.00/$350.00 for 4 hour rental
• Additional hour $75.00/$80.00
• Maximum daily rate $750.00/$800.00
Agenda Information Sheet
September 17, 2013
Page 4
• South Lakes $300.00/$350.00 for 4 hour rental
• Additional hour $75.00/$80.00
• Maximum daily rate $750.00/$800.00
■ Quakertown Park Rental
• North Side (Civic Center Pool) for 4 hour rental $750.00/$800.00
o Additional hour $187.50/$192.50
o Maximum daily rate $1,500.00/$1,600.00
• South Side (City Hall) for 4 hour rental $750.00/$800.00
o Additional hour $187.50/$192.50
o Maximum daily rate $1,500.00/$1,600.00
• Park Vendor fees:
o For special events with more than 5 vendors, the event organizer is responsible for
park vendor fee collection and payment.
OPTIONS
Council options include the approval or denial of the ordinance as submitted. Council may also
opt to modify the Schedule of Fees to include additional or modified requirements.
RECOMMENDATION
Staff recommends approval of this ordinance and agreement.
ESTIMATED SCHEDULE OF PROJECT
If approved, the changes to fees will be effective October 1, 2013.
PRIOR ACTION/REVIEW
Council previously considered related facility and program fee changes on September 22, 2009,
and approved Ordinance 2009 -024 as part of the budget review process.
The Parks, Recreation and Beautification Board recommend approval with a vote of 5 -0.
FISCAL INFORMATION
The changes will result in an additional $12,000 in General Fund revenue.
Agenda Information Sheet
September 17, 2013
Page 5
EXHIBITS
1. Parks, Recreation and Beautification Board Meeting Minutes of July 1, 2013
2. Ordinance with Exhibit A
Respectfully submitted:
fA. 06,4,
Emerson Vorel, Director
Parks and Recreation
Prepared by:
Amanda Green, Business Manager
Parks and Recreation
EXHIBIT 1
PARKS, RECREATION AND BEAUTIFICATION BOARD (APPROVED)
MINUTES
JULY 1, 2013
CIVIC CENTER COMM[_]NITY ROOM
Members present: Russ Stukel, Vicki Byrd, Paul Leslie, Alex Lieban and Janet Shelton.
Members absent: David Rowley, Maria Renner.
Staff present: Emerson Vorel, Julie Leal, Amanda Green, Jim Mays and John Schubert.
REGULAR MEETING
1. CALL TO ORDER: Chairman Stukel called the meeting to order at 6:03 p.m.
2. APPROVAL OF MINUTES OF June 3, 2013: Member Lieban commented that his
name is misspelled, as it should read L- I- E- B -A -N. With no additional changes to the
minutes, Leslie made a motion to approve the minutes, as written; Lieban seconded and the
motion carried with a vote of 5 -0.
3. AWARDS AND RECOGNITIONS:
A. Vorel shared that the City of Denton finally recovered Park Dedication Fees in the
amount of $53,000 owed by Gardens of Denton for two years, a multi - family
complex. It is a victory for the Parks and Recreation Department.
B. Chairperson Stukel commented that he and Member Lieban attended the Public Art
Dedication of the "Legacy" sculpture at the Denton airport, and that the Parks and
Recreation Department did a terrific job setting the scene and coordinating the event.
4. ACTION ITEMS:
A. Changes to the General Fund Fee Schedule for 2013/2014 Budget:
Amanda Green, Superintendent and Budget Manager, pointed out that the Fee
Schedule presented contains only those "changes" proposed; all other fees in the
existing Fee Schedule, previously approved by the board, remain unchanged.
Rental fees for pavilions have not increased in 20 years; hence, the large and small
pavilion rental rates will go up $10 each for four hours. Rent for the large pavilion
will increase from $50 to $60; the small pavilion from $25 to $35. Per the Fee
Policy, non - residents are charged $5 more. A system error which prevented the $5
fee from being collected historically has been corrected.
Chairman Stukel made inquiry regarding the "minimal" charge to non - residents, as
the fee change includes a 20% increase for residents and a 10% increase to non-
residents. Green said an annual membership at North Lakes for a resident is $120;
$125 for a non - resident. Several board members voiced concern about the minimal
fees charged to non - residents to access the facilities. Green responded that Denton
fees are less than surrounding cities, as most have enhanced amenities which we lack.
Page 1 of 4
Fee schedule surveys of other cities revealed that some charge 50 percent more to
non - residents but per our Mission Statement, Denton makes activities available and
asks non - residents pay their fair share. The revised fee schedule adjustments resulted
from historic inconsistencies and inequities which are corrected in the proposed
version.
Other changes include a non - resident fee added to Civic Center rental packages,
prepayment of park vendor fees by event organizers, and a new "combination pass"
which grants access to all facilities and eliminates the need to purchase multiple
individual passes.
MOTION: Stukel asked for a motion to vote. Lieban moved to recommend the City
Council accept and approve the changes to the Fee Schedule; Byrd seconded and the
motion carried with a vote of 5 -0.
5. DISCUSSION ITEMS:
A. Denton Plan Update - Ron Menguita, Planning Supervisor, stated that our Denton
Plan hasn't been updated in 30 years. With population growth, the introduction of
gas wells and expansion of the universities, it's time to revisit and define exactly how
we want our city to grow.
Phase 1 and 2 of the Denton Update Plan are complete. They consisted of collecting
data; hosting community forums and a circulating a citizen survey to garner input to
define areas of consensus, values, and aspirations. Phase 3 is currently in progress
and strives to use the data gathered to develop a long -term community vision
statement, strategic directions, and a variety of possible growth scenarios based upon
the strengths and challenges faced by the City of Denton.
During Phase 4 and 5, the staff and consultant will draft a comprehensive plan which
will advance to public hearings; then advance to adoption by the Planning and Zoning
Commission and the City Council, and ultimate implementation thereafter.
Menguita encouraged board members to be involved and extended an invitation to
attend the community forums to share vital input and offer feedback. A progress
update will be provided by Menguita at a future meeting of the Park Board.
Note: Member ,Shelton left the meeting at 7:38 p.m.
B. Parks and Recreation's 2013/2014 Budget Presentation — Amanda Green, Leisure
Services Superintendent, presented a slideshow overview and narrative summarizing
the 2013 -14 total budget request for Administration, Leisure Services, Park
Maintenance, and Aquatics in the amount of $11,223,165.
General Fund revenues generated from building rentals, cemetery fees, recreation
passes, civic center pool rentals, park vendor fees, athletic field rentals, Natatorium
and Water Works Park fees are projected to total $1,955,182.
Page 2 of 4
Athletic Program Fees are paid by the Youth Sports Association at $5 per child, per
season, and totals approximately $65,000 directly to the General Fund to offset
operating costs. Leslie inquired if the amount collected covers the entire cost and
Vorel replied that it's not designed to do so; it's only meant to minimize the expense.
Green explained that the 2013/2014 budget nuns at a loss because expenses are
greater than income. Denton Independent School District will reimburse their portion
of the expense, nearly $550,000, at the end of the year to reduce losses. Profit from
the Water Park was forecast to offset Natatorium expenses but as time passed, that
didn't prove true.
Vorel presented and narrated a slideshow detailing supplemental package and
baseline adjustment requests that were ranked and submitted for consideration. The
city is in the midst of the budget process and no final determinations have been made.
Another fiunding source, Green explained, is the Recreation Fund. It is self - funded
and enables Leisure Services to develop and host new programs based upon citizen -
interest and participation. The fees offset expenses; revenue generated in excess of
expense results in a fiend balance that is used to purchase necessities such as life
jackets for pools, new printers for ID cards, and to replace aging equipment. The
fund is designed to be self - supporting and independent of external budget pressures.
Leslie asserted that the Recreation Fund must remain dedicated to its purpose and not
diverted for other uses. He fears innovation and development would be severely
hampered absent such fiunding. Green concurred and added that the independent
Recreation Fund remains an essential component in the continued success of Leisure
Services programming. The Park Board unanimously expressed their concern and
desire for The Recreation Fund to continue to be contained and administered by the
Parks and Recreation Department.
6. OTHER BUSINESS:
Parks Department Projects Status Report:
A. Mays updated the Board on various projects on the list including:
The Denton Branch Rail Trail Project: A well- attended, ribbon - cutting ceremony
was held on June 14, 2013, and the Martin Luther King Jr. Bridge was officially
dedicated and opened to the public.
The McKay - Evers - Cooper Creek Trail Bridge: Alternate fiunding sources are being
sought.
(hvsley Park: A very few punch list items will be addressed and this project will be
complete.
North Lakes Adult Soccer Field Development Project: This project is moving
forward according to plan.
Page 3 of 4
7. FUTURE AGENDA ITEMS:
None
With no further items on the agenda, Byrd made a motion to adjourn; Leslie seconded,
and the meeting adjourned at 8:05 p.m.
Page 4 of 4
EXHIBIT 2
WODAD\Departments \Legal \Our Documents \0rdinances \l3 \Parks Facility and Program Fees.docx
ORDINANCE NO.
AN ORDINANCE ADOPTING A SCHEDULE OF FEES FOR USE OF CERTAIN PARK
FACILITIES; SUPERSEDING ALL PRIOR FEES IN CONFLICT WITH SUCH SCHEDULE;
AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS:
SECTION 1. The "Schedule of Fees" effective upon signing, set forth in Exhibit "A ",
attached hereto and made a part hereof for all purposes, is hereby approved, and supersedes all
prior conflicting fee schedules.
SECTION 2. The provisions of this ordinance are severable, and the invalidity of any
phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of
this ordinance.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of )2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:-�
Exhibit A
PARKS AND RECREATION FEES
General Fund Only
Effective October 1, 2013
TYPE FEE (resident /non - resident
Facility Rentals
Full gym .................... ............................... 65.00/75.00 (per hour)
Half gym .................... ............................... 35.00 /40.00 (per hour)
Recreation center small meeting rooms ............... 25.00 /30.00 (per hour)
MLK Meeting Room, Ammons A, Ammons B, Denia Room A, Denia Room C, North
Lakes Room A, American Legion Hall, American Legion Hall Annex, Senior Center
Conference Room, Senior Center Craft Room
Recreation center large meeting rooms ............... 30.00 /35.00 (per hour)
Senior Center rooms 143, 144, 145, Denia Room B, North Lakes Room B
Kitchen/MLK Craft Room/ MLK Game Room ......20.00/25.00 (per hour)
Civic Center Pool
2 Hour Rental (under 100 guests) ........................... 180.00/200.00
Extra hour ............................ ............................... 90.00/100.000
2 Hour Rental (101 -200 guests) .............................. 270.00/290.00
Extra hour .............................. ............................... 135.00/145.00
2 Hour (201- 300 guests) .......... ............................... 370.00/390.00
Extra Hour ............................. ............................... 185.00/195.00
2 Hour (301 -400 guests) .......... ............................... 470.00/490.00
ExtraHour .............................. ............................... 235.00/245.00
Civic Center: *
• Rotunda: $ 80.00/$85.00 per hour (weekdays)
$100.00 1$105.00 per hour (evenings and weekends)
Maximum daily rate: $800 M -F;
$1,000 S -S
• Meeting Room 1: $25.00/$35.00 per hour (weekdays)
$35.00/$40.00 per hour (evenings and weekends)
Maximum daily rate: $125.00/$150.00 weekdays
$175.00/$200.00 evenings
$350/$375.00 weekends
• Meeting Room 2 $35.00/$40.00 per hour (weekdays)
$45.00/$50.00 per hour (evenings and weekends)
Maximum daily rate: $175.00/$200.00 weekdays
$225.00/$250.00 evenings
$450.00/$475.00 weekends
TYPE FEE (resident /non - resident)
• Rooms 1 & 2 $50.001$55.00 per hour (weekdays)
$65.00/$70.00 per hour (evenings and weekends)
Maximum daily rate: $250.00/$275.00 weekdays
$325.00/$350.00 evenings
$650.00/$675.00 weekends
• Community Room $50.001$55.00 per hour (weekdays)
$65.00/$70.00 per hour (evenings and weekends)
Maximum daily rate: $250.00/$275.00 weekdays
$325.00/$350.00 evenings
$650.00/$675.00 weekends
• Rooms 1, 2 & $95.00/$100.00 per hour (weekdays)
Community Room $125.00/$130.00 per hour (evenings and weekends)
Maximum daily rate: $475.00/$500.00 weekdays
$625.00/$650.00 evenings
$1,250.00/$1,275.00 weekends
• Plaza $25.00/$30.00 per hour
Plaza with restrooms $25.00 /$30.00 /hr., and rental of a meeting room for restroom
access
• Kitchen $15.00/$20.00 per hour with meeting room rental
$20.00/$25.00 per hour for kitchen only rental
• Entire Facility $170.00/$175.00 per hour (weekdays)
$220.00/$225.00 per hour (evenings and weekends)
Maximum daily rate: $1,360.00/$1,385.00 weekdays
$1,760.00/$1,785.00 (evenings and
weekends)
* Discounts may be given from regular Civic Center rental fees for multiple
(consecutive) day rentals and city events available to the general public.
Senior Center multipurpose room ....................... $20.00/$25.00 per quadrant
........................$80.00 /$100.00 entire room
Athletic fields:*
Athletic field (w /o lights) ................ ............................... $15.00 per hour
Athletic field (w/ lights) ................... ............................... $25.00 per hour
Softball Tournament Rate per complex (Dena and North Lakes)
o 2 day minimum /3 day maximum; 4 fields minimum per complex; 8 -10 hours /day;
25 team minimum ......... ......................$1,000.00 per complex
* Discounts may be given from regular Athletic Field rental fees for multiple
(consecutive) day rentals and events available to the general public.
Page 2 of 6
TYPE FEE (resident /non- resident)
Tennis:
• Tournament rental (8 hour rental) ...................... $30.00 (per court)
o Additional tournament hour ................ $5.00 (per court)
Natatorium:
Rentals
2 Hour Rental (under 100 guests) ........... ................$250.00 /$280.00
Extrahour ................. ............................... ................ $100.00 1110.00
2 Hour Rental (101 -200 guests) .............. ................$350.00 /$380.00
Extra hour .................. ............................... ................$125.00 /$160.00
2 Hour (201- 300 guests ) ......................... ................$450.00 /$480.00
Extra Hour ................ ............................... ................$150.00 /$210.00
2 Hour (301 -400 guests ) ......................... ................$550.00 /$580.00
Extra Hour ............... ............................... ................$175.00 /$260.00
Water Works Park:
Rentals
Park rental (2 hour rental 600 guests)
Park rental (2 hour rental 601 -800 guests)
Park rental (2 hour rental 800+ guests)
Additional Hour
Outside Catering fee
North Pavilion & Area
North Pavilion Only
Admissions
$1,200.00
$1,300.00
$1,400.00
$500.00
$100.00
$150.00
$75.00
Discounts may be given from regular admission fees to the Natatorium, water park, or swimming
pool based on promotional coupons available to the general public, advance ticket sales,
discounts through season passes, evening discounts, and through group rates when the groups
exceed ten admissions.
Daily Swimming Pool Admission:
• Individual Child ..................... ....................$2.25 /$2.25
• Individual Adult ...................... ...................$3.00 /$3.00
Civic Center Pool Season Admission:
• Individual pass ...................... ..................$50.00 /$60.00
• Family pass .......................... ................$110.00 /$125.00
Page 3 of 6
TYPE FEE (resident /non - resident)
Tennis:
• Individual court use fee (unlighted) ............... $3.00 (1 1/2 hrs) during posted hrs. only
• Individual court use fee (lighted) .................. $5.00 (1 %2 hrs) during posted hrs. only
• Individual season pass .............. ..................$70.00 /$75.00
• Family season pass .. ............................... $150.00/$155.00
Natatorium:
Daily Admission:
16+ ...................... ...............................
$4.00/$5.00
Children 3- 15 .......... ...............................
$3.00/$4.00
Children 2 and under ..... ...........................Free
Passes:
Individual 1 month pass ......... ..................$20.00
/$25.00
Family 1 month pass ............. ..................$40.00
/$45.00
Individual season pass ..................$60.00
/$70.00
...........
Family season pass ................ ................$120.00
/$130.00
Individual annual pass ... ........................$120.00
/$135.00
Family annual pass .............. ................$250.00
/$265.00
All Access Natatorium Pass added to Fitness Passes at Recreation Centers
1 Month .................... $10.00 1$15.00
3 Month . ..................$25.00 /$30.00
Annual ..................... $75.00/$80.00
Punch Passes
10 Visits
Ages 16+ ...................$30.00 /$35.00
Ages 3- 15 .................. $25.00/$30.00
20 Visits
Ages 16+ . ..................$60.00 /$65.00
Ages 3 -15 . ..................$50.00 /$55.00
Water Park:
Daily Admission:
Under 48" $7.00/$9.00
Over 48" $11.00/$13.00
Children under 2 Free
Passes:
Individual 1 month pass ...................$30.00 /$35.00
Individual pass ............ ..................$75.00 /$80.00
Family pass 1 month ..... ..................$85.00 /$90.00
Family pass .. ............................... $225.00/$240.00
All Access Aquatics Pass (Natatorium/Water Park/Civic Center Pool)
Individual pass .............................. $140.00/$145.00
Family pass .................. ................$390.00 /$405.00
Page 4 of 6
TYPE FEE (resident /non - resident)
Special Event Application Fee
Non - refundable Application Fee ..... .........................30.00 / event application
Youth Sports
Youth Sports Impact Fee ....... ..........................15.00 per participant /per season
Select Youth Sports Impact Fee .........................25.00 per participant /per season
Park Vendor Sales **
One -day booth permit:
Non - profit vendor ..... ............................... 15.00
• For - profit* ................ ............................... 25.00
*For profit defined as any vendor selling items or collecting information for future sales
"For special events with more than five vendors, the event organizer is responsible for park
vendor fee collection and payment.
Park Shelter Reservations
Four -hour reservation:
• Small shelter (capacity: 25 persons) ...... ..................$35.00 /$40.00
• Large shelter (capacity: 50 persons) ...... ..................$60.00 /$65.00
CH Collins Stage in Fred Moore Park
• Stage rental ................ ............................... $15.00/$20.00/ hour
Regional Park Rental
Four -hour reservation:
North Lakes Park ........... ............................... $300.00/$350.00
o Additional Hour ........ ............................... $75.00/$80.00
• South Lakes Park ........... ............................... $300.00/$350
o Additional Hour ........ ............................... $75.00/$80.00
Quakertown Park Rental
• North Side (Civic Center Pool including Amphitheater) ...... $187.50 /$192.50 /hour
• Maximum Daily Rate ..................... ............$1,500.00 /$1,600.00
• South Side (City Hall including Garden Walk) ................ $187.50 /$192.50 /hour
Maximum Daily Rate ..................... ............$1,500.00 /$1,600.00
Facility Identification Card "Rec Pass"
• Individual (8 & up) .............. .....................5.00 /10.00
• Family (4 or more) ........ ..........................20.00 /40.00
Page 5 of 6
TYPE FEE (resident /non - resident)
• Replacement Card ................ ...........................2.00
Page 6 of 6
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Solid Waste
ACM:
Jon Fortune )f
u�dgO Coii se i'0 geu.A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Rates
for Solid Waste Service contained in Ordinance No. 2012 -212. As authorized by Chapter 24 of
the Code of ordinances of the City of Denton, Texas; providing that the provisions of Sections
26 -3, 26 -4, 26 -5, 26 -7, 26 -8(a), and 26 -9 of the Code of Ordinances of the City of Denton, Texas
shall expressly apply to City of Denton Solid Waste Service and Recycling Service; providing
for the amendment to the Residential Refuse and Recycling Collection Services Rates and
Provisions (Schedules SWR and SWRR); amending the Multi - Family Household Item
Collection Services Rates and Provisions (Schedule MFR and SWMFS); amendment to the
Commercial Solid Waste Refuse Collection Services and Dumpster Rates (Schedule SWC);
amendment to the Commercial Recycling Services Rate and Provisions (Schedule SWCR);
amendment to the Constriction, Deconstruction, and Demolition Materials Services Rate and
Provisions (Schedule SWC &D); an amendment to the Sanitary Landfill Services Processing and
Disposal Rates and Provisions (Schedule SWL); providing for a repealer; providing for a
severability clause; and providing an effective date.
BACKGROUND
Solid Waste staff developed and presented to the Public Utilities Board (PUB) the proposed FY
2013 -14 Solid Waste operating budget and Fiscal Year 2014 - 2018 capital improvement
program (CIP) at the PUB meetings of May 20, 2013, June 10, 2013, and June 24, 2013.
The proposed Fiscal Year 2013 -14 Solid Waste Rate changes were included in the development
of the FY 2013 -14 budget documentation and presentation materials recommended by the Public
Utilities Board to the City Council. They included residential rate increases, selected commercial
rate increases, and selected disposal and processing rate increases, plus the addition of a few new
rate charges for providing added services. The rate increases support the service levels provided
for the residential and commercial service customers for FY 2014.
Current Proposed
Residential Cart Rates:
FY 2013
FY 2014
Standard Cart
$20.10
$20.75
Small Cart
$19.10
$19.75
Large Cart
$24.20
$25.65
Recycling Cart
$5.15
$5.25
Multi - Family Recycling Rate
$230
$2.40
Agenda Information Sheet
September 17, 2013
Page 2
The commercial rates are projected to increase, generating approximately 3.6% in additional
revenue during FY 2013 - 2014. Specific rate increases vary based on the type and size of
container, and the frequency of service.
PRIOR ACTION/REVIEW
Proposed FY 2013 -2014 Utilities budgets and CIF's were presented and approved by the Public
Utilities Board (PUB) during May and June, 2013. This rate ordinance was approved by the
PUB on August 12, 2013 by a vote of 5 -0. The budget, along with a draft rate ordinance, was
submitted to the City Council for review on July 27, 2013. The Solid Waste rate ordinance is
scheduled for adoption on September 17, 2013.
FISCAL SUMMARY
The proposed rate increase will provide the revenues necessary to cover the cost of service to
customers.
RECOMMENDATION
Staff recommends approval of the proposed ordinance, with an effective date of October 1, 2013.
EXHIBITS
1. Red -Lined 2013 -2014 Solid Waste Rate Ordinance
2. Proposed FY 2013 -2014 Solid Waste Rate Ordinance
Respectfully submitted:
Jon Fortune
Assistant City Manager
EXHIBIT 1
ORDINANCE NO. 20 13 -
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 20 � 2 ...2 � 2. AS
AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26 -3, 26 -4, 26 -5,
26 -7, 26 -8(a), AND 26 -9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE AND
RECYCLING SERVICE; PROVIDING FOR THE AMENDMENT TO THE RESIDENTIAL
REFUSE AND RECYCLING COLLECTION SERVICES RATES AND PROVISIONS
(SCHEDULES SWR AND SWRR); AMENDING THE MULTI- FAMILY HOUSEHOLD ITEM
COLLECTION SERVICES RATES AND PROVISIONS (SCHEDULES MFR AND SWMFS);
AMENDMENT TO THE COMMERCIAL SOLID WASTE REFUSE COLLECTION SERVICES
AND DUMPSTER RATES (SCHEDULE SWC); AMENDMENT TO THE COMMERCIAL
RECYCLING SERVICES RATE AND PROVISIONS (SCHEDULE SWCR); AMENDMENT
TO THE CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS
SERVICES RATE AND PROVISIONS (SCHEDULE SWC &D), AN AMENDMENT TO THE
SANITARY LANDFILL SERVICES PROCESSING AND DISPOSAL RATES AND
PROVISIONS (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
SECTION 1. The charges for Solid Waste and Recycling collection services as authorized
by Section 24 -42(b) of Article II, Section 24 -66 of Article III and Section 24 -4 of Article I of
Chapter 24; and by Section 32 -90 of Article IV of Chapter 32 of the Code of Ordinances of the
City of Denton, Texas, are hereby established as follows:
SOLID WASTE AND RECYCLING RATE SCHEDULES
PAGE
RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES ............................. 3
Ratesand Fees .............................................................................................. ............................... 3
Services......................................................................................................... ............................... 4
Miscellaneous............................................................................................... ............................... 5
MULTI - FAMILY REFUSE AND RECYCLING SERVICES ................. ............................... 6
Ratesand Fees .............................................................................................. ............................... 6
Services......................................................................................................... ............................... 7
Miscellaneous............................................................................................... ............................... 7
COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES ............................ 8
Rates and Fees — Commercial Refuse .......................................................... ............................... 8
Rates and Fees — Commercial Recycling ................................................... ............................... 10
CommercialService Fees ........................................................................... ............................... 10
EXHIBIT 1
Shared Container Fees — Square District .................................................... ............................... 13
Miscellaneous............................................................................................. ............................... 13
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS
SERVICES.................................................................................................... ............................... 16
Ratesand Fees ............................................................................................ ............................... 16
Miscellaneous............................................................................................. ............................... 16
PROCESSING AND DISPOSAL SERVICES
Services....................................................................................................... ............................... 18
Miscellaneous............................................................................................. ............................... 19
2
EXHIBIT 1
SCHEDULE SWR AND SWRR
RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES
(Effective 10/01/131)
Residential collection services accounts are defined as: A detached single family dwelling unit,
Eaek living tifi4 of ^ r-es deft ^" ^+, each unit of a duplex or triplex, and any single unit or living
space in which a person or single family resides.
All refuse must be placed within a bag and then placed within the refuse
cart with the lid fully closed, and placed at the curb by 7:00 a.m. on the scheduled collection day.
I]IO Aldl 1 -L J' ASS S 100 ba, bioo� -d. 1-u U d° ltapL S S 100d riot b. bai o -d pflai °, ��i flip, n, cy6m,
c° irt. Carts are only collected one time per week. Residential accounts yin, will be billed monthly.
Rates and Fees — Residential
(SWR) 1 Cart
Refuse - Standard Cart $20,75 $284-8
Refuse - Small Cart $ � 9.75 $'
Refuse - Large Cart $25,o5 $24-.2-0
(SWRR)
Recycling - Standard Cart $ 5,2
Recycling - Large Cart $7.77
Minimum Monthly Billing Rate I W.75
Excess Refuse & Recyclables - per cart reload and empty 1 $6.00
Yard Waste (per Cubic Yard, in excess of �l 4 cubic yards) 1 $7.00
Large Household Item (per item, in excess of 4 items per year) 1 $7.00 X88
Appliance with PCB's or refrigerants (per item) 1 $50.00
Electronics (per item) 1 $20.00
Residential C &D (mobilization) $70.00
Residential C &D (per cubic yard) $10.00
Cart Redelivery Fee (each cart) 1 $25.00
D r. y ova t S u. ry �c D�iy $65,00
3
EXHIBIT 1
Du:I I ry o�i N u: °���� Dm,
�� 5, 00
Services
Residents shall contact Customer Service a minimum of one day prior to their scheduled
collection day to request that Solid Waste collection personnel perform any services other than
the scheduled weekly collection of the refuse and recycling.
Minimum Billing /Base Rate Service
A minimum monthly billing rate is applicable for an unoccupied residential unit and shall only
be effective after written application is made by the ratepayer with the Customer Service
Department, and such minimum billing rate shall be limited to a maximum period of six months
per calendar year.
Excess Refuse & Recyclables
Solid Waste collection personnel will reload the refuse or recyclable cart with additional
materials placed adjacent to the cart.
varrl WaatP
There is no additional charge for the collection of up to �l 4 cubic yards (CY's) of yard waste per
week (i.e. bagged grass clippings, bagged leaves, brush, and tree limbs which are cut in less than
4' lengths and stacked). If the volume of yard waste exceeds 1 4 CY's but does not exceed 9 44
CY's, the total volume will be collected, and a fee per CY will be charged for each CY in excess
of 14 CY's. If the total volume exceeds 9 44 CY's the resident shall contact Customer Service to
request collection.
Large Household Items
Solid Waste collection personnel will collect up to four large household items per year, for no
additional charge. Large household items are residential household type items that are consistent
with household use, such as furniture and selected appliances.
Appliances
Appliances manufactured to contain PCB's or refrigerants will be charged for the collection,
processing, and disposal of each appliance and /or the associated materials.
Electronics
Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances
containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the
collection, processing, recycling, and disposal of these devices.
Residential G&B i�uMiodu:°Q' a�7
4
EXHIBIT 1
Residential �-uAiioc� . fip ig� C&D waste includes but is not limited to lumber, brick, fencing, and
drywall, not exceeding 8' in length. If the customer has over (8) cubic yards of �� All o6. i m, C—&D
waste for collection at any one pick -up, the customer is required to aA 6 fi z. , have a City refuse
container of adequate size to contain the waste, and maintain a collection service frequency of at
least once per month.
Household Hazardous Waste
Residential household hazardous wastes and are tinwatq�ed chemicals should not be placed in
a refuse or n u cyc i m, cart (pesticides, herbicides, cleaning chemicals, paints, oils, etc.). Residents
shall contact Customer Service for their collection. aPA The materials should be po, pt ��i f ii, -'
ork�ji�fl I amid placed at an agreed upon location.
Redelivery Fee
Residential customers will be charged a delivery fee to reset each cart, if they are pulled for
nonpayment.
Miscellaneous
When initiating new service, a deposit may be charged.
Residential customers may be provided commercial containers and service at the published
commercial rates. Temporary containers may be placed on residential property for up to thirty
30) days, with no more than three 30 -day periods per year.
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated hereinabove in order that the
City shall recover those additional costs from the customer.
Other residential services may be provided at fees established by the department, and approved
by the General Manager. The fees established will recoup the cost of service including the
special and administrative services provided.
h4.lii�i� ficm o� a amid i.Md i.iainALISS CUStOML11- SY IaIfl d,I `lid.' °u a �" amid pion fpi�.' ('q tY
pay a��y
� p �� p u:°�-SO p �, �� � u� u: ^Y a ��u:° p: �p u:TtV �Y����MC' m fliu -' y� vac° -' po�°m� o� i, J'or a���y doss.,
➢ V, �: tl1 AfffiCC " . �SU, b'A.ffh CC M V"4_ . CS, 0'1- StlMflffl_ fil6fi
V"S M flI d�: � �nl o l oj'flh �d s iii : or ,.. tltl l l��"orp c us ' " L' l �.blYr s I:1 'flc �< s 111"'11, "'In S � igdq;" ) ,a.
-r 1`61- fllu'r a�, �Y t� p�u'��u.aC�Yu: ", �����u: °u�a���� "�, �- Ifi -fl amid �io�d p�a�����pu:a��y��y fllu -' ` t oi"
. " ��. �V4 [ oi. � s. Jro iA aigi ai ai�i a ol� �: m-. to flit/ -.
J'C' � d� -�fiM amid nu cy,c im, sofi� � a� �Y u. �Yu� � ��u:� �y � u:Tl'oniii :° by fpi�' � ply ��i �Yu: °��v�� u��, �Y���, pug ai�i
5
EXHIBIT 1
SCHEDULE MFR AND SCHEDULE SWMFS
MULTI - FAMILY REFUSE AND RECYCLING SERVICES
(Effective 10/01/131)
A multi - family unit includes each separate living unit of a four -plex, apartment community,
condominium community, townhome community, or other multi - family living facility with four
or more residences.
Multi - family facilities are provided refuse collection services, ftPA recycl itfl �, materials
collection services, if "° uested. in addiction a +c chase seR,iees, mu t, family sidefitsfeeeiye
household chemical collections and recycling services, SY, p �Ct p;0k.v' �fi,� as c0flp �� �� �Yu� � ��.u:� �Y a �
the t.. T
SCI ha�p,e the a
u,... s„ 1, el l e ff a--ed.
Rates and Fees — Multi - Family
Multi - Family Rates and Fees
Monthly Charges
(MFR)
Household Chemical Collections
(per living unit per month)
Electronics (per item)
Cart Services - Refuse and Recycling Carts
Large Cart Pairs — Refuse and Recycling
One Pair Carts
One Pair Carts - Drive on property
Household Chemical Collections
$2,1 � 8
$20.00
$28.50
•
Multi - family household chemicals are unwanted chemicals that should not be placed in your
refuse container (pesticides, cleaning chemicals, paints, oils, etc.). Residents shall contact
Customer Service for their collection. The materials should be k.p t ��i fliujr orkji�fl
com,,i� �i rs amid placed at an agreed upon location.
0
EXHIBIT 1
Electronics
Televisions, monitors, video displays, p ai ptop s.' �J iii fl �i r electronic devices, and certain appliances
containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the
collection, processing, recycling, and disposal of these devices.
Appliances
Appliances for multi - family residents are not collected through an appliance collection route, and
may only be placed in the facility dumpster if they were not manufactured to contain PCB's or
refrigerants. If they were manufactured to contain PCB's or refrigerants they should be
transported by the resident to the landfill.
Services
Residents shall contact Customer Service a minimum of one day prior to their scheduled
collection day to request that Solid Waste collection personnel perform any services other than
the scheduled weekly collection of the refuse and recycling.
Special Collection
Special collection services may be provided to multi - family facilities upon request.
Miscellaneous
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated hereinabove in order that the
City shall recover those additional costs from the customer.
7
EXHIBIT 1
SCHEDULE SWC AND SCHEDULE SWCR
COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES
(Effective 10/01/131)
Every owner, occupant, tenant, or lessee of any business, commercial, institutional, or industrial
property not entitled to receive residential refuse collection service shall be required to have
commercial collection service provided by the City of Denton.
New commercial business development and redevelopment will be provided solid waste
commercial refuse and recycling services, as outlined in the Denton Development Code and Site
Plan Criteria Manual.
Only materials mutually agreed upon by the commercial recycling customer and the City are
acceptable in the provided recycling container. The owner /manager of the commercial entity is
the party responsible for notifying his /her personnel of proper recycling procedures.
Refuse and recyclables will be collected in city provided or city approved containers only. All
businesses utilizing non -city owned containers shall comply with the requirements of the City of
Denton Collection and Transportation Permit Rate Schedule (SWP) and shall obt,,i��i fliu, I -L C� Ldn,
i; �, ni 4 be peFmit4ed per the requirements of the schedule.
Should any other fees or charges be established by any other authorized government entity, those
fees will be added to the monthly rates stated within this ordinance in order that the City may
fully recover the additional governmental fees.
Commercial accounts will be billed monthly or semimonthly.
Rates and Fees — Commercial Refuse
Commercial Minimum Billing
Non -cart customers
Commercial Front Load Services
Services per Week
3 CY Front Load
4 CY Front Load
6 CY Front Load
8 CY Front Load
1
$25,65
2 3 Extra Empty
9
Commercial Side Load Services
3 CY Side Load
4 CY Side Load
EXHIBIT 1
1 2 Extra Emotv
Temporary Front Load Container Service
Monthly Rental Collection Fee
4 CY Front Load $79,00 x-88 $87.00 W-.,40
8 CY Front Load $77 )) )) x-88 1 $ � � 7.00 x-88
Roll -Off: Open Top and Compactor Container Services
15 CY Open Top
20 CY Open Top
30 CY Open Top
20 CY Compactor
30 CY Compactor
35 CY Compactor
42 CY Compactor
Scheduled On- Demand
Monthlv Rental Collection Fee Collection Fee
$119.00
$2,13,00 Q 8.00
263) )))) Q'58
$131.00
$2,13,00 X8-88
263) Q18.04
$154.00
11).)))) X8-88
"263) )))) Q18.04
$369.00
$ 15,00 X8-88
$205, x-88
$419.00
$2,17.)))) Q39.00
$205, -88
$498.00
$2,17.)))) X8-88
$205, x-88
$606.00
$2,n7.)))) Q'8 -88
$205, -.
6 Cubic Yard Compactor Service
Service Per Week
Monthly Rental
Monthly Collection
1 2 3
k:n. 00 $14 -88
$k18,00 $14:3.8
$ ) n S, () ))
� 89, )) )) x-88
529 )) )) $45-1-0-00
$902,00 ens
Commercial Cart Service
One Pair - Refuse and Recycling $ .C)
Both scheduled and on- demand municipal solid waste (MSW) collections, excluding
constriction, deconstruction, and demolition materials, must be collected a minimum of once per
week to meet the State of Texas Municipal Solid Waste handling requirements.
Commercial Recycling
The contamination rate must not exceed 10% of the hauled load to qualify as recyclable
materials. On demand recyclables equal to or greater than 10% contamination must be hauled a
9
EXHIBIT 1
minimum of once per week. Containers with loads exceeding 10% contamination are considered
MSW and will be hauled and billed by the City of Denton as MSW.
The City of Denton has the authority to inspect the contents of any container located within
Denton's city limits in order to determine the materials content of the container, so as to ensure
compliance with the contamination requirements, which shall not exceed 10 %.
Rates and Fees — Commercial Recycling
Commercial Front Load Container Recycling
Service Level
4 CY Front Load
6 CY Front Load
8 CY Front Load
Monthly Every 2 Weeks Weekly Service Extra Empty
Service
Temporary Front Load Container Service
8 CY Front Load Monthly Rental Collection Fee
Comingled $7):).):)):) $67.00 "QS, (:).(:)(:) x-
Select Commodity $70,00 J$6798 $50,00 $4,.
Special Events Recycling
Small Event
8 CY Container Package *
Extra Empty
Collapsible, Portable Receptacles $59,00 x-W
8 CY Container with 1 Empty $'
and
Collapsible, Portable Receptacles
Extra Empty - 8 CY Container $ )) 8,00 $'
* 8 CY Container Delivery at Standard
Rates
Commercial Refuse and Recycling Cart Service
In those areas where commercial cart collection is available, small quantity waste generators,
generating less than one cubic yard of refuse per week, may contract for once per week cart
service. All waste must be contained in the cart, and the cart set out for collection no later than
7:00 a.m. on the scheduled collection day. A maximum of four carts are available, two refuse and
two recycling. The cart(s) yin, �13e serviced one time per week. Service above this level
will require the customer to subscribe to front -load container service.
Commercial Service Fees
Roll -Off Delivery / Relocation / Inaccessible Fee $95.00
FL/SL Delivery / Relocation / Inaccessible Fee $75.00
10
EXHIBIT 1
Commercial Cart Delivery
Minimum Monthly Charge
Wait Time Fee (per hour, billed in 15 minute increments)
Same Day Service Fee (request same day service after 11:00 a.m.)
Lock Installation or Removal (Charge for each service)
or
One Time Charge and
Monthly Billing Rate (begins 1 st month)
$25.00
$25,65
$85.00
$50.00
$200.00
$35.00
$10.00
Front Load / Side Load Container Cleaning - Pricing for each cleaning
Quarterly Container Cleaning $ 5 0.0 0X8,88
Semi - Annual Container Cleaning $ 4 0.0 0 X5-88
On- Demand Container Cleaning $150.00
Right -of -Way (ROW) Fees
Roll -Off Container ROW Fee (per day) $ ,�.00 X5-88
No Parking Zone Fees
Front Load
No Parking Zone - Initial Calendar Year $ � cm.
Monthly Renewal (Single Length) $0.00
Side Load
No Parking Zone - Initial Calendar Year $370.0 0 X8-89
Monthly Renewal (Extra Length) $ � 0' 00
Delivery / Relocation / Inaccessible Fee
A fee will be charged for the delivery of a container, the relocation of a container, or if the
container is inaccessible at the time of service.
Minimum Charge
A monthly minimum charge will be charged to all non -cart commercial solid waste customers.
Wait Time Fee
Customers that request the driver wait so that they can provide an additional service to the
customer will be charged an on -site waiting time fee charged in fifteen (15) minute increments.
11
EXHIBIT 1
Same -Day Service Fee
The Solid Waste Department Customer Service personnel must receive on- demand service
requests prior to 11:00 a.m. on the day service is desired in order to provide same day collection
service.
Lock Installation Fee
For the Solid Waste Department's installation or removal of container locks.
Deposit Fee
For containers, a commercial solid waste service deposit is required. Payments to the City that
are not received by the due date will result in the customer's deposit being increased during the
next billing cycle. The deposit increase will be based upon the customer's billing history. To
continue receiving service, the customer is required to remit the previous service balance owed
and the increased deposit charges. The General Manager, Solid Waste and Recycling Services, or
designee, may AJUSt the deposit based upon the review of the customer's credit history and other
criteria.
No Parking Zone Fees
No Parking Zone fees provide for an identifiable and pait4ed area in the street which is
designated as a vehicular No Parking Zone, which provides for road clearance, allowing the
City's trucks to always have accessibility to the customer's container. The No Parking Zone is
designed to prevent the container from being blocked by another vehicle, and therefore
eliminates additional service fees from being charged to the customer, and the need for the city's
trick driver to return to the customer's address and empty the container once a vehicle blocking
a container has moved. Customers may secure a dedicated No Parking Zone for front load and
side load containers by completing an application with the City Traffic Engineer.
Container Cleaning Fees
Container cleaning services are available for front and side load commercial containers. The
service is a one -year service subscription that is elected by the customer. The one -year service
agreement is on a c° iiq : �id it ' �, sir basis. Empty containers are transported, cleaned, and returned,
and are projected to be off the customer's site for approximately four hours.
Shared commercial container customers that desire to have their containers cleaned shall
determine the monthly amount to be billed to each customer, which when totaled shall equal the
monthly rates for scheduled services or the on- demand service rate.
Shared Commercial Containers — Square District
Shared container collection services which include both refuse and recyclables collections at
each business site within the Square District
12
EXHIBIT 1
Plan af ea will be provided for the charges listed below.
Shared Container Fees — Square District
Residential:
Per living unit within the Square District
$ 11. 5 0 month
Commercial Business:
For 1 Cubic yard of Service (Minimum) ` 25,0 5 month
For 2 or more Cubic Yards of Refuse or Recyclables $ � S, 5 0 W. per CY
Administrative Fee for 2 or more Cubic Yards 1 $2.00 month
Property owners within the Square District may have individual business containers on their
property if they choose not to use shared container service.
Shared Commercial Containers (Outside of Square District)
Shared commercial container customers must have at least one (1) cubic yard of service per
customer per week. The use of shared commercial containers shall be determined by the Solid
Waste Division staff. Rates will include the additional monitoring, billing, and administrative
fees associated with this service. Shared container enclosures on City controlled or owned
property will be charged a rate to cover the cost of the enclosure area. Appropriate shared
accounts ��IC UJ_ fffe _tibj *_ *_& the etkef applicable administrative monthly service fees.
Miscellaneous
Commercial refuse collection services are provided through a volume -based rate system.
All new commercial business development and redevelopment will be provided solid waste
commercial refuse and recycling services, as outlined in the Denton Development Code and the
Site Plan Criteria Manual.
Refuse and recyclables will be collected in City approved or City provided containers only. All
non -City owned containers shall have a container permit, � `o�pu:�� o� i amid `�'nia 1�Y�;�ol� a �� e
P �I
n At, affixed to the outside of each container in a location that is clearly visible when viewed
from the front of the collection site.
The City reserves the right to reject recycling loads containing any materials other than the
contracted material. If a recyclable load is rejected by the City, it will be handled as municipal
solid waste (MSW) and incur both the rejected recycling charges as well as associated
commercial solid waste disposal rates.
Other services may be provided at fees established by the department, and approved by the
General Manager. The fees established will recoup the cost of service including the special
services, and administrative services provided, and meet sustainability goals.
13
EXHIBIT 1
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated hereinabove in order that the
City shall recover those additional costs from the customer.
T 1p , 01" nitu, s Jor Pflot Pro, nl lls � fl bu:� ova ai pro,� nia ii by p ro;nla ll ba ls�s
Special Waste
Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas
Municipal Solid Waste Management Regulations and is conditional upon the special waste
requested from the customer for disposal. Acceptance of special waste is subject to Federal and
State laws and regulations, and the City of Denton has the right to refuse to accept or collect
special waste at their discretion. Charges, approved by the General Manager, Solid Waste and
Recycling, for the collection and disposal of special waste, will be established based on the type
of special waste, and the requirements for collection and disposal of the waste.
Service Requirements
Equipment Uses - All equipment furnished by the City, shall at all times be considered the
property of the City. Customer shall keep the equipment free and clear of all levies, liens and
encumbrances. Customer shall not modify the equipment or use it for any purpose other than as
set forth herein. The City shall repair, as necessary, the equipment(s) furnished. The Customer,
however, agrees to be solely responsible for any damages to or loss of equipment resulting from
any negligent acts or misuse by the Customer or Customer's agents or employees, or invitees.
The City may temporarily replace the size and /or the type of equipment contracted for with one
or more pieces of equipment(s) of equivalent capacity for the purposes of repairing the
equipment. Customer agrees that the equipment is in the Customer's care, custody, and control at
all times.
Equipment Location - Customer shall provide an accessible location for the Equipment that is
safe and provides adequate and legal clearance. This means that for a radius of at least five (5)
feet around the Equipment there will be no objects or obstructions other than enclosures that
meet City - required clearance standards. No container shall be set closer than two (2) feet to any
structure (exception: a bollard in an enclosure). Additionally, the path that the City's Service
truck must take on Customer's premises, must provide a minimum clearance on each side of the
City's truck of at least two (2) feet. Overhead clearance of twenty -five (25) feet is required for
roll -off containers, and twenty (20) feet for front and side -load containers. Failure to maintain or
provide these minimum clearances will result in the City's refusal to pay any and all damage
claims and /or to service the container. Customer will be solely responsible for providing access
to the Equipment at all times, and agrees that Customer shall not be relieved of payment of any
charges for Services contracted for, but not provided by the City, because of Customer's failure
to maintain continuous prescribed access to the Equipment. Outside of normal wear and tear, the
maintenance required to place the Container at another location will be charged to the Customer.
Weight Limits - Loaded side -load containers shall not exceed a total weight of one ton. Loaded
front -load containers shall not exceed a total weight of two tons. Any container evaluated by the
City's collection manager to contain excess weight shall be emptied by the customer to the level
14
EXHIBIT 1
determined by the collection manager prior to being serviced. Tickets and /or fines for overweight
roll -off loads, and the City's administrative costs, are the responsibility of the customer, and
shall be paid by the customer.
Indemnification and Hold Harmless - Customer agrees that the City will not be liable to
Customer. Customer shall defend, indemnify and hold the City harmless from any and all claims
made by Customer's lessor or Customer's lessee at the Service location, and any and all claims
made by any other person having an interest in the property situated at the Service location, for
any loss, damage or deterioration of the pavement, surface, subsurface materials, or similar
facilities at the Service location by reason of use thereof by the City's trucks that are used to
Service the Equipment. Customer agrees to release, indemnify, defend and hold harmless the
City of Denton, Texas from and against any and all claims for damages to enclosures or
screening devices, from solid waste Equipment which do not have an access opening of at least
twelve (12) feet inside diameter (ID) for front -load Equipment; and fifteen (15) feet (ID) for roll -
off Equipment. Customer further agrees to release, indemnify, defend and hold harmless the City
of Denton, Texas, from and against any and all claims of damages related to the furnishing of
commercial solid waste service performed by the City.
15
EXHIBIT 1
SCHEDULE SWC &D
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES
(Effective 10/01/131)
For constriction, deconstruction, demolition, and renovation sites where the customer requests
the City of Denton to provide roll -off collection services for the recycling and reuse of the
salvaged materials.
Rates and Fees
Rates are established for roll -off collection, transportation, and processing services of the listed
materials and any other mutually agreed upon materials for which recyclable and reuse markets
exist.
Uncontaminated C &D (constriction and demolition) materials will be accepted on a per ton or a
cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be
delivered.
Construction, Demolition, and Deconstruction Rates and Fees
Container Charges
20 CY Roll-Off
30 CY Roll -Off
Fees
Mixed C &D Materials (CY)
Concrete, Block, Brick (CY)
Wood / Other (ton)
Miscellaneous
Monthly Rental Collection
$116.00 $ 2 (6, ,00 $2�5 -88
$137.00 $20 ,00 4$
$5,W
$5.00
$23.00
The City reserves the right to reject C &D loads containing any materials other than the agreed
upon material. If a load is rejected, it will be handled as municipal solid waste (MSW) and incur
commercial solid waste disposal rates.
Other commercial services may be provided at fees established by the Solid Waste and
Recycling Department, and approved by the General Manager, Solid Waste and Recycling
Services. The fees established will recoup the costs and administration of the special services
provided.
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated within this ordinance in order
that the City shall recover those additional costs from the customer.
16
EXHIBIT 1
SCHEDULE SWL
PROCESSING AND DISPOSAL SERVICES
(Effective 10/1/13)
Processing and Disposal Facility Rates and Fees
MSW Disposal Rates
Minimum Charge (per load)
Unsecured Loads
Gate Rate (per ton)
Commercial Rate (per ton)
Wholesale Rate (per ton)
Uncompacted Rate (per CY)
Compacted Rate (per CY)
C &D Rate (per CY)
Tires (Each)
Street tires < 31" diameter
Street tires > 31" diameter and < 42" diameter
Off -road and street tires > 42" diameter
Brush and Green Waste
Whole tree stumps
Bagged or unbagged grass, leaves
Brush < 12'
Brush > 12'
Appliances
Appliance with PCB's or refrigerants (per item)
Electronics
Electronics (per item)
17
$20.00
$43.50
$28.00
$23.00
$7.70
$8.10
$5.00
Tire Tire with Rim
$8.00
$ aF ))))
$10.00
$-)(),()()
$20.00
$50,00
Per Ton
$50.00
$20.00
$20.00
$30.00
$50.00
$15.00
EXHIBIT 1
Sand, Select Soil, Rock and Crushed Concrete Sales
Sand and Soil (Per ton):
City Loaded
Screened Sand `4.25 plus sales tax
Select Fill "3.77
Select Fill - CL Grade $4,50
50
Customer Loaded (Per ton)
Screened Sand
Select Fill
Select Fill - CL Grade
Rock and Crushed Concrete:
Rocks
Crushed Concrete
Materials Delivery Fee
`3.73 plus sales tax
3 77
$4,00
$5.00
Per 100 Lbs
00 x40
Per CY
$100.00 1 Per Load
Community Garden Plots
Annual Charge per Garden Plot $50, ,�,�
Plots are paid for on a calendar year basis. No proration of charge.
Vehicle and Equipment Storage Rates
Monthly Rate per Space Leased $25,00
0
Annual Rate per Space Leased $250,00
Storage needs for City Departments will be charged based on the specific requirements
of each tenant.
Services
Customers with greater than 3,000 monthly tons may receive different rate strictures for varied
waste categories or guaranteed delivery volumes.
Unsecured Loads
In compliance with State regulations, solid waste loads that are not adequately secured to prevent
the material from spilling will be charged an Unsecured Load Fee.
18
EXHIBIT 1
Appliances
Appliances manufactured to contain PCB's or refrigerants for which the customer provides no
certified removal documentation of the PCB's or refrigerants will be charged for the disposal of
each appliance and /or the associated materials.
RIPCtrnnire
Televisions, monitors, video displays, p ai ptop s.l �J iii fl �i r electronic devices, and certain appliances
containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the
collection, processing, recycling, and disposal of these devices.
Sand, Select Soil, Rock and Crushed Concrete Sales
The Solid Waste Department may sell excess sand, select soil, and rock to the public.
Note: Customers wishing to purchase large volumes of soil, greater than 50 CY's, and load their
own vehicles, will be required to provide proof of insurance meeting the city's minimum liability
insurance coverage. Large volume sales and the actual rates charged will require pre - approval
by the General Manager, or designee, Solid Waste and Recycling. The soils must be excess to
the needs of the Solid Waste Department. Pricing for special soils will be established by the
General Manager, Solid Waste and Recycling at a rate to fully recover costs.
Sbecial Waste and Other Waste Streams
The acceptance by the landfill of and the disposal of special waste or other waste is conditional.
Acceptance of special waste or other waste is subject to Federal and State laws and regulations.
The City of Denton has the right to refuse to accept or dispose of special waste or other waste at
its discretion. Charges for the disposal of special waste or other waste will be established based
on the type, characteristics, and amounts of waste, as well as the requirements for disposal of the
waste. Such charges shall be established by the General Manager, Solid Waste, or designee.
�,, �d M mu, ij a1 � s
Mmu, r�afls ol)'u, °n, d J'or s h:° m fliu, uco�i d Ston.-. � fl so M 01- x11)0 ffl flIC
Miscellaneous
The current State of Texas landfill surcharge of (30 TAC 330.602) $1.25 per ton is a pass -
through charge collected on behalf of the State of Texas. Any additional assessment or fees
established by a governmental entity will be added to the disposal rates and assessed on all waste
delivered to the landfill.
Other landfill services that are not otherwise listed under this Schedule SWL may be provided by
the City at fees established by the General Manager, Solid Waste. Such fees shall be established
that will recover the operational costs, administrative costs, and any other direct or indirect costs
incident to the non - listed landfill services.
19
EXHIBIT 1
Used Container Sales
The Solid Waste and Recycling Department will sell used metal containers and used surplus
carts from time to time, as they become available for sale.
SECTION 2. The General Manager, or designee, of Solid Waste and Recycling of the City
of Denton is hereby authorized to deny the use of the City of Denton landfill to any customer
who provides false information regarding the origin of, or the composition of the solid waste
delivered for disposal to the landfill; or for safety violations committed by a customer within the
landfill; or for non - compliance with verbal and written instructions provided to the customer by
Solid Waste and Recycling Department personnel at the landfill; or for nonpayment of
delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the
law committed by the customer within the landfill; or for any non - compliance by the customer
with the Texas Commission on Environmental Quality regulations or policies; or for any non-
compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any
violation of the written landfill riles by the customer as posted by the Solid Waste and Recycling
Department at the entrances to the landfill, from time to time.
SECTION 3. It is in the public interest that the provisions of Sections 26 -3, 26 -4, 26 -5, 26-
7, 26 -8(a), and 26 -9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall
expressly apply to City of Denton Solid Waste and Recycling services.
SECTION 4. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or the application thereof to any person or under any circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such invalidity.
SECTION 6. This ordinance shall become effective, charged, and applied to all solid waste
services rendered by the City of Denton on and after October 1, 2013; and a copy of said rates,
fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas.
20
EXHIBIT 1
PASSED and APPROVED this day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Im
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Im
21
MARK A. BURROUGHS, MAYOR
ORDINANCE NO. 20 13 -
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2012 -212. AS
AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26 -3, 26 -4, 26 -5,
26 -7, 26 -8(a), AND 26 -9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE AND
RECYCLING SERVICE; PROVIDING FOR THE AMENDMENT TO THE RESIDENTIAL
REFUSE AND RECYCLING COLLECTION SERVICES RATES AND PROVISIONS
(SCHEDULES SWR AND SWRR); AMENDING THE MULTI- FAMILY HOUSEHOLD ITEM
COLLECTION SERVICES RATES AND PROVISIONS (SCHEDULES MFR AND SWMFS);
AMENDMENT TO THE COMMERCIAL SOLID WASTE REFUSE COLLECTION SERVICES
AND DUMPSTER RATES (SCHEDULE SWC); AMENDMENT TO THE COMMERCIAL
RECYCLING SERVICES RATE AND PROVISIONS (SCHEDULE SWCR); AMENDMENT
TO THE CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS
SERVICES RATE AND PROVISIONS (SCHEDULE SWC &D), AN AMENDMENT TO THE
SANITARY LANDFILL SERVICES PROCESSING AND DISPOSAL RATES AND
PROVISIONS (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
SECTION 1. The charges for Solid Waste and Recycling collection services as authorized
by Section 24 -42(b) of Article II, Section 24 -66 of Article III and Section 24 -4 of Article I of
Chapter 24; and by Section 32 -90 of Article IV of Chapter 32 of the Code of Ordinances of the
City of Denton, Texas, are hereby established as follows:
SOLID WASTE AND RECYCLING RATE SCHEDULES
PAGE
RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES ............................. 3
Rates and Fees — Residential ............................................................. ............................... 3
Services.......................................................................................... ............................... 4
Miscellaneous................................................................................. ............................... 5
MULTI - FAMILY REFUSE AND RECYCLING SERVICES ................. ............................... 6
Rates and Fees — Multi- Family .......................................................... ............................... 6
Services.......................................................................................... ............................... 7
Miscellaneous................................................................................. ............................... 7
COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES
............................ 8
Rates and Fees — Commercial Refuse ................................................. ...............................
8
Rates and Fees — Commercial Recycling .......................................... ...............................
10
Shared Container Fees — Square District ........................................... ...............................
13
Miscellaneous............................................................................... ...............................
13
1
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS
SERVICES.................................................................................................... ............................... 16
Ratesand Fees ............................................................................... ............................... 16
Miscellaneous............................................................................... ............................... 16
PROCESSING AND DISPOSAL SERVICES .......................................... ............................... 17
Processing and Disposal Facility Rates and Fees ............................... ............................... 17
Services........................................................................................ ............................... 18
Miscellaneous............................................................................... ............................... 19
2
SCHEDULE SWR AND SWRR
RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES
(Effective 10/01/131)
Residential collection services accounts are defined as: A detached single family dwelling unit,
each unit of a duplex or triplex, and any single unit or living space in which a person or single
family resides.
All refuse must be placed within a bag and then placed within the refuse cart with the lid fully
closed, and placed at the curb by 7:00 a.m. on the scheduled collection day. Though refuse
should be bagged, recyclables should not be bagged when placed in the recycling cart. Carts are
only collected one time per week. Residential accounts are billed monthly.
Rates and Fees — Residential
(SWR) 1 Cart
Refuse - Standard Cart $20.75
Refuse - Small Cart $19.75
Refuse - Large Cart $25.65
(SWRR)
Recycling - Standard Cart $5.25
Recycling - Large Cart $5.25
Minimum Monthly Billing Rate 1 $18.75
Excess Refuse & Recyclables - per cart reload and empty 1 $6.00
Yard Waste (per Cubic Yard, in excess of 4 cubic yards) 1 $7.00
Large Household Item (per item, in excess of 4 items per year) 1 $7.00
Appliance with PCB's or refrigerants (per item) 1 $50.00
Electronics (per item) 1 $20.00
Residential C &D (mobilization) $70.00
Residential C &D (per cubic yard) $10.00
Cart Redelivery Fee (each cart) 1 $25.00
Customer Requested Cart Change Out Fee:
Delivery on Next Service Day $65.00
Delivery on Next Day $115.00
3
Services
Residents shall contact Customer Service a minimum of one day prior to their scheduled
collection day to request that Solid Waste collection personnel perform any services other than
the scheduled weekly collection of the refuse and recycling.
Minimum Billing /Base Rate Service
A minimum monthly billing rate is applicable for an unoccupied residential unit and shall only
be effective after written application is made by the ratepayer with the Customer Service
Department, and such minimum billing rate shall be limited to a maximum period of six months
per calendar year.
Excess Refuse & Recyclables
Solid Waste collection personnel will reload the refuse or recyclable cart with additional
materials placed adjacent to the cart.
Yard Waste
There is no additional charge for the collection of up to 4 cubic yards (CY's) of yard waste per
week (i.e. bagged grass clippings, bagged leaves, brush, and tree limbs which are cut in less than
4' lengths and stacked). If the volume of yard waste exceeds 4 CY's but does not exceed 9 CY's,
the total volume will be collected, and a fee per CY will be charged for each CY in excess of 4
CY's. If the total volume exceeds 9 CY's the resident shall contact Customer Service to request
collection.
Large Household Items
Solid Waste collection personnel will collect up to four large household items per year, for no
additional charge. Large household items are residential household type items that are consistent
with household use, such as furniture and selected appliances.
Appliances
Appliances manufactured to contain PCB's or refrigerants will be charged for the collection,
processing, and disposal of each appliance and /or the associated materials.
Electronics
Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances
containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the
collection, processing, recycling, and disposal of these devices.
Residential Remodeling
Residential remodeling waste includes but is not limited to lumber, brick, fencing, and drywall,
not exceeding 8' in length. If the customer has over (8) cubic yards of remodeling waste for
collection at any one pick -up, the customer is required to utilize a City refuse container of
12
adequate size to contain the waste, and maintain a collection service frequency of at least once
per month.
Household Hazardous Waste
Residential household hazardous wastes and chemicals should not be placed in a refuse or
recycling cart (pesticides, herbicides, cleaning chemicals, paints, oils, etc.). Residents shall
contact Customer Service for their collection. The materials should be kept in their original
container and placed at an agreed upon location.
Redelivery Fee
Residential customers will be charged a delivery fee to reset each cart, if they are pulled for
nonpayment.
Miscellaneous
When initiating new service, a deposit may be charged.
Residential customers may be provided commercial containers and service at the published
commercial rates. Temporary containers may be placed on residential property for up to thirty
30) days, with no more than three 30 -day periods per year.
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated hereinabove in order that the
City shall recover those additional costs from the customer.
Other residential services may be provided at fees established by the department, and approved
by the General Manager. The fees established will recoup the cost of service including special
and administrative services provided.
Indemnification and Hold Harmless - Customer shall defend, indemnify and hold the City
harmless from any and all claims at the Service location, and any and all claims made by any
other person having an interest in the property situated at the Service location, for any loss,
damage or deterioration of the pavement, surface, subsurface materials, or similar facilities at the
Service location by reason of use thereof by the City's trucks that are used to Service the
equipment. Customer further agrees to release, indemnify, defend and hold harmless the City of
Denton, Texas, from and against any and all claims of damages related to the furnishing of
residential and recycling solid waste services performed by the City in servicing single and
multi - family living facilities.
5
SCHEDULE MFR AND SCHEDULE SWMFS
MULTI - FAMILY REFUSE AND RECYCLING SERVICES
(Effective 10/01/131)
A multi - family unit includes each separate living unit of a four -plex, apartment community,
condominium community, townhome community, or other multi - family living facility with four
or more residences.
Multi - family facilities are provided refuse collection services, recyclable materials collection
services, household chemical collections and recycling services, select bulky item collection
services, and select electronics recycling services.
Rates and Fees — Multi - Family
Multi - Family Rates and Fees
Monthly Charges
(MFR)
Household Chemical Collections $2.40
(per living unit per month)
Electronics (per item) 1 $20.00
Cart Services - Refuse and Recycling Carts
Large Cart Pairs — Refuse and Recycling
One Pair Carts $28.50
One Pair Carts - Drive on property $30.90 El
Household Chemical Collections
Multi - family household chemicals are unwanted chemicals that should not be placed in your
refuse container (pesticides, cleaning chemicals, paints, oils, etc.). Residents shall contact
Customer Service for their collection. The materials should be kept in their original containers
and placed at an agreed upon location.
Electronics
Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances
containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the
collection, processing, recycling, and disposal of these devices.
9
Appliances
Appliances for multi - family residents are not collected through an appliance collection route, and
may only be placed in the facility dumpster if they were not manufactured to contain PCB's or
refrigerants. If they were manufactured to contain PCB's or refrigerants they should be
transported by the resident to the landfill.
Services
Residents shall contact Customer Service a minimum of one day prior to their scheduled
collection day to request that Solid Waste collection personnel perform any services other than
the scheduled weekly collection of the refuse and recycling.
Special Collection
Special collection services may be provided to multi - family facilities upon request.
Miscellaneous
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated hereinabove in order that the
City shall recover those additional costs from the customer.
7
SCHEDULE SWC AND SCHEDULE SWCR
COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES
(Effective 10/01/131)
Every owner, occupant, tenant, or lessee of any business, commercial, institutional, or industrial
property not entitled to receive residential refuse collection service shall be required to have
commercial collection service provided by the City of Denton.
New commercial business development and redevelopment will be provided solid waste
commercial refuse and recycling services, as outlined in the Denton Development Code and Site
Plan Criteria Manual.
Only materials mutually agreed upon by the commercial recycling customer and the City are
acceptable in the provided recycling container. The owner /manager of the commercial entity is
the party responsible for notifying his /her personnel of proper recycling procedures.
Refuse and recyclables will be collected in city provided or city approved containers only. All
businesses utilizing non -city owned containers shall comply with the requirements of the City of
Denton Collection and Transportation Permit Rate Schedule (SWP) and shall obtain the required
permit per the requirements of the schedule.
Should any other fees or charges be established by any other authorized government entity, those
fees will be added to the monthly rates stated within this ordinance, in order that the City may
fully recover the additional governmental fees.
Commercial accounts will be billed monthly or semimonthly.
Rates and Fees — Commercial Refuse
Commercial Minimum Billing
Non -cart customers
Commercial Front Load Services
Services per Week
3 CY Front Load
4 CY Front Load
6 CY Front Load
8 CY Front Load
$25.65
2
Extra Empty
$75.00
$154.00
$259.00
$43.00
$91.00
$188.00
$313.00
$48.00
$115.00
$239.00
$392.00
$61.00
$142.00
$296.00
$479.00
$77.00
9
Commercial Side Load Services
3 CY Side Load
4 CY Side Load
1 2 Extra Emotv
$100.00
$206.00
$43.00
$122.00
$252.00
$48.00
Temporary Front Load Container Service
Monthly Rental Collection Fee
4 CY Front Load $79.00 $85.00
8 CY Front Load $79.00 $115.00
Roll -Off: Open Top and Compactor Container Services
15 CY Open Top
20 CY Open Top
30 CY Open Top
20 CY Compactor
30 CY Compactor
35 CY Compactor
42 CY Compactor
Scheduled On- Demand
Monthlv Rental Collection Fee Collection Fee
$119.00
$243.00
$265.00
$263.00
$245.00
$131.00
$243.00
$245.00
$263.00
$606.00
$154.00
$243.00
$263.00
$369.00
$245.00
$265.00
$419.00
$245.00
$265.00
$498.00
$245.00
$265.00
$606.00
$245.00
$265.00
6 Cubic Yard Compactor Service
Service Per Week
Monthly Rental
Monthly Collection
1 2 3
$148.00
$148.00
$148.00
$189.00
$529.00
$962.00
Commercial Cart Service
One Pair - Refuse and Recycling $30.90
Both scheduled and on- demand municipal solid waste (MSW) collections, excluding
constriction, deconstruction, and demolition materials, must be collected a minimum of once per
week to meet the State of Texas Municipal Solid Waste handling requirements.
9
Commercial Recycling
The contamination rate must not exceed 10% of the hauled load to qualify as recyclable
materials. On demand recyclables equal to or greater than 10% contamination must be hauled a
minimum of once per week. Containers with loads exceeding 10% contamination are considered
MSW and will be hauled and billed by the City of Denton as MSW.
The City of Denton has the authority to inspect the contents of any container located within
Denton's city limits in order to determine the materials content of the container, so as to ensure
compliance with the contamination requirements, which shall not exceed 10 %.
Rates and Fees — Commercial Recycling
Commercial Front Load Container Recycling
Service Level
4 CY Front Load
6 CY Front Load
8 CY Front Load
Monthly Every 2 Weeks Weekly Service Extra Empty
Service
N/A
$64.00
$82.00
$48.00
$73.00
$82.00
$104.00
$57.00
N/A
$100.00
$128.00
$70.00
Temporary Front Load Container Service
8 CY Front Load Monthly Rental Collection Fee
Comingled $70.00 $80.00
Select Commodity $70.00 $50.00
Special Events Recycling
Small Event
8 CY Container Package *
Extra Empty
Collapsible, Portable Receptacles $59.00
8 CY Container with 1 Empty $118.00
and
Collapsible, Portable Receptacles
Extra Empty - 8 CY Container $118.00
* 8 CY Container Delivery at Standard
Rates
Commercial Refuse and Recycling Cart Service
In those areas where commercial cart collection is available, small quantity waste generators,
generating less than one cubic yard of refuse per week, may contract for once per week cart
service. All waste must be contained in the cart, and the cart set out for collection no later than
7:00 a.m. on the scheduled collection day. A maximum of four carts are available, two refuse and
two recycling. The cart(s) are serviced one time per week. Service above this level will require
the customer to subscribe to front -load container service.
10
Commercial Service Fees
Roll -Off Delivery / Relocation / Inaccessible Fee
FL/SL Delivery / Relocation / Inaccessible Fee
Commercial Cart Delivery
Minimum Monthly Charge
Wait Time Fee (per hour, billed in 15 minute increments)
Same Day Service Fee (request same day service after 11:00 a.m.)
Lock Installation or Removal (Charge for each service)
or
One Time Charge and
Monthly Billing Rate (begins 1 st month)
$95.00
$75.00
$25.00
$25.65
$85.00
$50.00
$200.00
$35.00
$10.00
Front Load / Side Load Container Cleaning - Pricing for each cleaning
Quarterly Container Cleaning $50.00
Semi - Annual Container Cleaning $40.00
On- Demand Container Cleaning $150.00
Right -of -Way (ROW) Fees
Roll -Off Container ROW Fee (per day) $10.00
No Parking Zone Fees
Front Load
No Parking Zone - Initial Calendar Year $190.00
Monthly Renewal (Single Length) $6.00
Side Load
No Parking Zone - Initial Calendar Year $370.00
Monthly Renewal (Extra Length) $10.00 El
Delivery / Relocation / Inaccessible Fee
A fee will be charged for the delivery of a container, the relocation of a container, or if the
container is inaccessible at the time of service.
Minimum Charge
A monthly minimum charge will be charged to all non -cart commercial solid waste customers.
11
Wait Time Fee
Customers that request the driver wait so that they can provide an additional service to the
customer will be charged an on -site waiting time fee charged in fifteen (15) minute increments.
Same-Day-Service Fee
The Solid Waste Department Customer Service personnel must receive on- demand service
requests prior to 11:00 a.m. on the day service is desired in order to provide same day collection
service.
Lock Installation Fee
For the Solid Waste Department's installation or removal of container locks.
Deposit Fee
For containers, a commercial solid waste service deposit is required. Payments to the City that
are not received by the due date will result in the customer's deposit being increased during the
next billing cycle. The deposit increase will be based upon the customer's billing history. To
continue receiving service, the customer is required to remit the previous service balance owed
and the increased deposit charges. The General Manager, Solid Waste and Recycling Services, or
designee, may adjust the deposit based upon the review of the customer's credit history and other
criteria.
No Parking Zone Fees
No Parking Zone fees provide for an identifiable area in the street which is designated as a
vehicular No Parking Zone, which provides for road clearance, allowing the City's trucks to
always have accessibility to the customer's container. The No Parking Zone is designed to
prevent the container from being blocked by another vehicle, and therefore eliminates additional
service fees from being charged to the customer, and the need for the city's truck driver to return
to the customer's address and empty the container once a vehicle blocking a container has
moved. Customers may secure a dedicated No Parking Zone for front load and side load
containers by completing an application with the City Traffic Engineer.
Container Cleaning Fees
Container cleaning services are available for front and side load commercial containers. The
service is a one -year service subscription that is elected by the customer. The one -year service
agreement is on a calendar year basis. Empty containers are transported, cleaned, and returned,
and are projected to be off the customer's site for approximately four hours.
Shared commercial container customers that desire to have their containers cleaned shall
determine the monthly amount to be billed to each customer, which when totaled shall equal the
monthly rates for scheduled services or the on- demand service rate.
12
Shared Commercial Containers — Sauare District
Shared container collection services which include both refuse and recyclables collections at
each business site within the Square District will be provided for the charges listed below.
Shared Container Fees — Square District
Residential:
Per living unit within the Square District $24.50 month
Commercial Business:
For 1 Cubic yard of Service (Minimum) $25.65 month
For 2 or more Cubic Yards of Refuse or Recyclables $18.50 per CY
Administrative Fee for 2 or more Cubic Yards 1 $2.00 month
Property owners within the Square District may have individual business containers on their
property if they choose not to use shared container service.
Shared Commercial Containers (Outside of Square District)
Shared commercial container customers must have at least one (1) cubic yard of service per
customer per week. The use of shared commercial containers shall be determined by the Solid
Waste Division staff. Rates will include the additional monitoring, billing, and administrative
fees associated with this service. Shared container enclosures on City controlled or owned
property will be charged a rate to cover the cost of the enclosure area. Appropriate shared
accounts incur the applicable administrative monthly service fees.
MiQrAInn Pnne
Commercial refuse collection services are provided through a volume -based rate system.
All new commercial business development and redevelopment will be provided solid waste
commercial refuse and recycling services, as outlined in the Denton Development Code and the
Site Plan Criteria Manual.
Refuse and recyclables will be collected in City approved or City provided containers only. All
non -City owned containers shall have a container permit, and Collection and Transportation
Services Permit, affixed to the outside of each container in a location that is clearly visible when
viewed from the front of the collection site.
The City reserves the right to reject recycling loads containing any materials other than the
contracted material. If a recyclable load is rejected by the City, it will be handled as municipal
solid waste (MSW) and incur both the rejected recycling charges as well as associated
commercial solid waste disposal rates.
13
Other services may be provided at fees established by the department, and approved by the
General Manager. The fees established will recoup the cost of service including the special
services, and administrative services provided, and meet sustainability goals.
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated hereinabove in order that the
City shall recover those additional costs from the customer.
The establishment of rates for Pilot Programs will be determined on a program -by- program basis
after a period of time conducting and evaluating each program.
Special Waste
Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas
Municipal Solid Waste Management Regulations and is conditional upon the special waste
requested from the customer for disposal. Acceptance of special waste is subject to Federal and
State laws and regulations, and the City of Denton has the right to refuse to accept or collect
special waste at their discretion. Charges, approved by the General Manager, Solid Waste and
Recycling, for the collection and disposal of special waste, will be established based on the type
of special waste, and the requirements for collection and disposal of the waste.
Service Requirements
Equipment Uses - All equipment furnished by the City, shall at all times be considered the
property of the City. Customer shall keep the equipment free and clear of all levies, liens and
encumbrances. Customer shall not modify the equipment or use it for any purpose other than as
set forth herein. The City shall repair, as necessary, the equipment(s) furnished. The Customer,
however, agrees to be solely responsible for any damages to or loss of equipment resulting from
any negligent acts or misuse by the Customer or Customer's agents or employees, or invitees.
The City may temporarily replace the size and /or the type of equipment contracted for with one
or more pieces of equipment(s) of equivalent capacity for the purposes of repairing the
equipment. Customer agrees that the equipment is in the Customer's care, custody, and control at
all times.
Equipment Location - Customer shall provide an accessible location for the Equipment that is
safe and provides adequate and legal clearance. This means that for a radius of at least five (5)
feet around the Equipment there will be no objects or obstructions other than enclosures that
meet City - required clearance standards. No container shall be set closer than two (2) feet to any
stricture (exception: a bollard in an enclosure). Additionally, the path that the City's Service
truck must take on Customer's premises, must provide a minimum clearance on each side of the
City's truck of at least two (2) feet. Overhead clearance of twenty -five (25) feet is required for
roll -off containers, and twenty (20) feet for front and side -load containers. Failure to maintain or
provide these minimum clearances will result in the City's refusal to pay any and all damage
claims and /or to service the container. Customer will be solely responsible for providing access
to the Equipment at all times, and agrees that Customer shall not be relieved of payment of any
charges for Services contracted for, but not provided by the City, because of Customer's failure
to maintain continuous prescribed access to the Equipment. Outside of normal wear and tear, the
maintenance required to place the Container at another location will be charged to the Customer.
14
Weight Limits - Loaded side -load containers shall not exceed a total weight of one ton. Loaded
front -load containers shall not exceed a total weight of two tons. Any container evaluated by the
City's collection manager to contain excess weight shall be emptied by the customer to the level
determined by the collection manager prior to being serviced. Tickets and /or fines for overweight
roll -off loads, and the City's administrative costs, are the responsibility of the customer, and
shall be paid by the customer.
Indemnification and Hold Harmless - Customer agrees that the City will not be liable to
Customer. Customer shall defend, indemnify and hold the City harmless from any and all claims
made by Customer's lessor or Customer's lessee at the Service location, and any and all claims
made by any other person having an interest in the property situated at the Service location, for
any loss, damage or deterioration of the pavement, surface, subsurface materials, or similar
facilities at the Service location by reason of use thereof by the City's trucks that are used to
Service the Equipment. Customer agrees to release, indemnify, defend and hold harmless the
City of Denton, Texas from and against any and all claims for damages to enclosures or
screening devices, from solid waste Equipment which do not have an access opening of at least
twelve (12) feet inside diameter (ID) for front -load Equipment; and fifteen (15) feet (ID) for roll -
off Equipment. Customer further agrees to release, indemnify, defend and hold harmless the City
of Denton, Texas, from and against any and all claims of damages related to the furnishing of
commercial solid waste service performed by the City.
15
SCHEDULE SW C &D
CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES
(Effective 10/01/131)
For constriction, deconstruction, demolition, and renovation sites where the customer requests
the City of Denton to provide roll -off collection services for the recycling and reuse of the
salvaged materials.
Rates and Fees
Rates are established for roll -off collection, transportation, and processing services of the listed
materials and any other mutually agreed upon materials for which recyclable and reuse markets
exist.
Uncontaminated C &D (constriction and demolition) materials will be accepted on a per ton or a
cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be
delivered.
Construction, Demolition, and Deconstruction Rates and Fees
Container Charges
20 CY Roll-Off
30 CY Roll -Off
Fees
Mixed C &D Materials (CY)
Concrete, Block, Brick (CY)
Wood / Other (ton)
Miscellaneous
Monthly Rental Collection
$116.00 +_1263.00 263.00
$137.00
$10.00
$5.00
$23.00
The City reserves the right to reject C &D loads containing any materials other than the agreed
upon material. If a load is rejected, it will be handled as municipal solid waste (MSW) and incur
commercial solid waste disposal rates.
Other commercial services may be provided at fees established by the Solid Waste and
Recycling Department, and approved by the General Manager, Solid Waste and Recycling
Services. The fees established will recoup the costs and administration of the special services
provided.
Should any other fees and /or charges be established by any other authorized governmental entity,
those fees and /or charges will be added to the monthly rate stated within this ordinance in order
that the City shall recover those additional costs from the customer.
16
SCHEDULE SWL
PROCESSING AND DISPOSAL SERVICES
(Effective 10/1/13)
Processing and Disposal Facility Rates and Fees
MSW Disposal Rates
Minimum Charge (per load)
Unsecured Loads
Gate Rate (per ton)
Commercial Rate (per ton)
Wholesale Rate (per ton)
Uncompacted Rate (per CY)
Compacted Rate (per CY)
C &D Rate (per CY)
Tires (Each)
Street tires < 31" diameter
Street tires > 31" diameter and < 42" diameter
Off -road and street tires > 42" diameter
Brush and Green Waste
Whole tree stumps
Bagged or unbagged grass, leaves
Brush < 12'
Brush > 12'
Appliances
Appliance with PCB's or refrigerants (per item)
Electronics
Electronics (per item)
17
$25.00
$20.00
$43.50
$28.00
$23.00
$7.70
$8.10
$5.00
Tire Tire with Rim
$8.00
$16.00
$10.00
$30.00
$20.00
$50.00
Per Ton
$50.00
$20.00
$20.00
$30.00
$50.00
$15.00
Sand, Select Soil, Rock and Crushed Concrete Sales
Sand and Soil (Per ton):
City Loaded
Screened Sand $4.25 plus sales tax
Select Fill $3.75
Select Fill - CL Grade $4.50
Customer Loaded (Per ton)
Screened Sand
Select Fill
Select Fill - CL Grade
Rock and Crushed Concrete:
Rocks
Crushed Concrete
Materials Delivery Fee
$3.75 plus sales tax
$3.25
$4.00
$5.00 Per 100 Lbs
$8.00 Per CY
$100.00 1 Per Load
Community Garden Plots
Annual Charge per Garden Plot $50.00
Plots are paid for on a calendar year basis. No proration of charge.
Vehicle and Equipment Storage Rates
Monthly Rate per Space Leased $25.00
Annual Rate per Space Leased $250.00
Storage needs for City Departments will be charged based on the specific requirements
of each tenant.
Services
Customers with greater than 3,000 monthly tons may receive different rate strictures for varied
waste categories or guaranteed delivery volumes.
Unsecured Loads
In compliance with State regulations, solid waste loads that are not adequately secured to prevent
the material from spilling will be charged an Unsecured Load Fee.
im
Appliances
Appliances manufactured to contain PCB's or refrigerants for which the customer provides no
certified removal documentation of the PCB's or refrigerants will be charged for the disposal of
each appliance and /or the associated materials.
RlPCtrnnire
Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances
containing CRT, LED, LCD, plasma, or other electronic displays will be charged for the
collection, processing, recycling, and disposal of these devices.
Sand, Select Soil, Rock and Crushed Concrete Sales
The Solid Waste Department may sell excess sand, select soil, and rock to the public.
Note: Customers wishing to purchase large volumes of soil, greater than 50 CY's, and load their
own vehicles, will be required to provide proof of insurance meeting the city's minimum liability
insurance coverage. Large volume sales and the actual rates charged will require pre - approval
by the General Manager, or designee, Solid Waste and Recycling. The soils must be excess to
the needs of the Solid Waste Department. Pricing for special soils will be established by the
General Manager, Solid Waste and Recycling at a rate to fully recover costs.
Sbecial Waste and Other Waste Streams
The acceptance by the landfill of and the disposal of special waste or other waste is conditional.
Acceptance of special waste or other waste is subject to Federal and State laws and regulations.
The City of Denton has the right to refuse to accept or dispose of special waste or other waste at
its discretion. Charges for the disposal of special waste or other waste will be established based
on the type, characteristics, and amounts of waste, as well as the requirements for disposal of the
waste. Such charges shall be established by the General Manager, Solid Waste, or designee.
Salvaged Materials
Materials offered for sale at the Second Chance Store will be sold at or about the estimated
salvage value.
Miscellaneous
The current State of Texas landfill surcharge of (30 TAC 330.602) $1.25 per ton is a pass -
through charge collected on behalf of the State of Texas. Any additional assessment or fees
established by a governmental entity will be added to the disposal rates and assessed on all waste
delivered to the landfill.
Other landfill services that are not otherwise listed under this Schedule SWL may be provided by
the City at fees established by the General Manager, Solid Waste. Such fees shall be established
that will recover the operational costs, administrative costs, and any other direct or indirect costs
incident to the non - listed landfill services.
19
Used Container Sales
The Solid Waste and Recycling Department will sell used metal containers and used surplus
carts from time to time, as they become available for sale.
SECTION 2. The General Manager, or designee, of Solid Waste and Recycling of the City
of Denton is hereby authorized to deny the use of the City of Denton landfill to any customer
who provides false information regarding the origin of, or the composition of the solid waste
delivered for disposal to the landfill; or for safety violations committed by a customer within the
landfill; or for non - compliance with verbal and written instructions provided to the customer by
Solid Waste and Recycling Department personnel at the landfill; or for nonpayment of
delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the
law committed by the customer within the landfill; or for any non - compliance by the customer
with the Texas Commission on Environmental Quality regulations or policies; or for any non-
compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any
violation of the written landfill riles by the customer as posted by the Solid Waste and Recycling
Department at the entrances to the landfill, from time to time.
SECTION 3. It is in the public interest that the provisions of Sections 26 -3, 26 -4, 26 -5, 26-
7, 26 -8(a), and 26 -9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall
expressly apply to City of Denton Solid Waste and Recycling services.
SECTION 4. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or the application thereof to any person or under any circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such invalidity.
SECTION 6. This ordinance shall become effective, charged, and applied to all solid waste
services rendered by the City of Denton on and after October 1, 2013; and a copy of said rates,
fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas.
PASSED and APPROVED this day of , 2013.
MARK A. BURROUGHS, MAYOR
20
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
21
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Denton Municipal Electric (DME)
ACM: Howard Martin, 349 -8232
SUBJECT
Consider adoption of an ordinance amending the schedule of electric rates contained in
Ordinance No. 2012 -209 for electric service; amending the provisions of the Residential Service
Rate Schedule (Schedule RES); amending the provisions of the Residential Renewable Energy
Service Rider (Schedule RG); adding the provisions of the Residential Prepaid Service Schedule
(Schedule RPP); amending the provisions of the General Service Small Schedule (Schedule GSS);
amending the provisions of the General Service Medium Schedule (Schedule GSM); amending the
provisions of the General Service Large Schedule (Schedule GSL); amending the provisions of the
General Time of Use Schedule (Schedule TGS); amending the provisions of the Local Government
Small Schedule (Schedule G2); amending the provisions of the Local Government Schedule
(Schedule G1); amending the provisions of the Weekend Service Schedule (Schedule WK);
amending the provisions of the Athletic Field Schedule (Schedule AF); amending the provisions of
the Street Lighting Schedule (Schedule LS); amending the provisions of the Traffic Lighting
Schedule (Schedule LT); amending the provisions of the Unmetered School Zone /Crossing Flashers
Schedule (Schedule UFL); amending the provisions of the Unmetered Traffic Lights Schedule
(Schedule ULT); amending the provisions of the Unmetered Security Camera Schedule (Schedule
USC); amending the provisions of the Other Lighting Schedule (Schedule LO); amending the
provisions of the Security Lighting Schedule (Schedule DD); amending the provisions of the
Decorative Downtown Lighting Schedule (Schedule DDL); amending the provisions of the Non
Standard Street Lighting Schedule (Schedule DSL); amending the provisions of the Temporary
Service Schedule (Schedule TI); providing for a repealer; providing for a severability clause; and
providing for an effective date. (The Public Utilities Board recommends approval 6 -0).
BACKGROUND
The proposed approximate 1.5% rate increase is designed to recover the cost of service for the
Electric Utility and provide a positive or break -even net income. During the budget
presentations, the PUB reviewed the Electric Utility budget and the proposed rate changes that
could be implemented to support the proposed FY 2013 -2014 budget and FY 2014 -2018 CIP.
The average residential customer using 1,300 kilowatt hours would incur the following monthly
charge.
Current Proposed Increase
$125.07 $126.97 $1.90
SUMMARY
The attached Electric Rate Ordinance includes adding the provisions of:
• The Residential Prepaid Service (Schedule RPP).
The attached Electric Rate Ordinance includes amending the provisions of:
• The Residential Service Rate (Schedule RES);
• The Residential Renewable Energy Service Rider (Schedule RG);
• The General Service Small Schedule (Schedule GSS);
• The General Service Medium Schedule (Schedule GSM);
• The General Service Large Schedule (Schedule GSL);
• The General Time Of Use Schedule (Schedule TGS);
• The Local Government Small Schedule (Schedule G2);
• The Local Government Schedule (Schedule G1);
• The Weekend Service Schedule (Schedule WK);
• The Athletic Field Schedule (Schedule AF);
• The Street Lighting Schedule (Schedule LS);
• The Traffic Lighting Schedule (Schedule LT);
• The Unmetered School Zone /Crossing Flashers Schedule (Schedule UFL);
• The Unmetered Traffic Lights Schedule (Schedule ULT);
• The Unmetered Security Camera Schedule (Schedule USC);
• The Other Lighting Schedule (Schedule LO);
• The Security Lighting Schedule (Schedule DD);
• The Decorative Downtown Lighting Schedule (Schedule DDL);
• The Non Standard Street Lighting Schedule (Schedule DSL);
• The Temporary Service Schedule (Schedule T1).
FISCAL SUMMARY
The rates and charges included in the Electric rate ordinance provide the revenues necessary to
cover the cost of service to customers. The proposed Electric rates represent a 2.5% increase to
the base rate, which is approximately a 1.5% increase to each overall rate.
RECOMMENDATION
Staff recommends approval of the proposed ordinance.
EXHIBIT
1. Fiscal Year Rate Comparison
2. Proposed FY2013 -2014 Electric Rate Ordinance
Respectfully submitted,
Phil Williams
General Manager
Denton Municipal Electric
Prepared by:
William A. Bunselmeyer
Manager, Energy Services & Business Development
Denton Municipal Electric
EXHIBIT 1
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule
2014
2013
Facility Charge $ - Three Phase
Rates
Rates
Residential - RES
7.24
7.02
Facility Charge $ - Single Phase
8.25
8.25
Facility- Charge $ - Three Phase
16.50
16.50
Energy Charge /cents per kWh:
4.53
4.43
First 600 kWh (Winter)
5.86
5.70
All additional kWh (Winter)
390
3.79
All kWh (Summer)
5.86
5.70
Energy Cost Adjustment (ECA)
Variable
Variable
Residental Renewable - RG
Facility Charge $ - Single Phase
8.25
8.25
Facility Charge $ - Three Phase
16.50
16.50
Energy Charge /cents per kWh:
Variable
Variable
First 600 kWh (Winter)
5.86
5.70
All additional kWh (Winter)
390
3.79
All kWh (Summer)
5.86
5.70
Renewable Cost Adjustment
Variable
Variable
Residential Prepaid - RPP
Facility Charge $ - Single Phase
15.25
0.00
Facility Charge $ - Three Phase
22.50
0.00
Energy Charge /cents per kWh:
First 600 kWh (Winter)
5.86
0.00
All additional kWh (Winter)
390
0.00
All kWh (Summer)
5.86
0.00
Renewable Cost Adjustment
Variable
Variable
Commercial Renewable Enemv Seixice Rider - CGR
Renewable Cost Adjustment per kW
Variable
Variable
(Sold in 1,000 kW Blocks)
General Sewice Small - GSS
Facility Charge $ - Single Phase
15.80
15.80
Facility Charge $ - Three Phase
21.10
21.10
Energy Charge /cents per kWh ( First 2,500)
7.24
7.02
Energy Charge /cents per kWh (All Aditional kWh)
3.79
3.67
Energy Cost Adjustment
Variable
Variable
General Sewice Medium - GSM
Facility Charge $ - Single Phase
15.80
15.80
Facility Charge $ - Three Phase
21.10
21.10
Demand Charge /$ per kW
4.14
4.00
Energy Charge /cents per kWh:
Secondaw Seivice (GMI)
First 6,000 kWh
4.53
4.43
Additional kWh
3.74
3.66
For Primaiv Seivice (GM2)
First 6,000 kWh
4.43
4.33
Additional kWh
3.64
3.56
For Primaiv Seivice & Ownership (GM3)
First 6,000 kWh
4.23
4.13
Additional kWh
3.44
3.36
Energy Cost Adjustment
Variable
Variable
Finance /Rates /EX 1 - FY 2013 -2014 ERATES Comparison CC 09172013.xlsx
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule
2014
2013
Facility Charge $ - Three Phase
Rates
Rates
General Sewice Lame - GSL
7.01
6.81
Facility Charge $
65.55
65.55
Demand Charge /$ per kVA
9.55
9.33
Energy Charge /cents per kWh:
Secondary Seivice (GL1)
First 200,000 kWh
2.18
2.14
Additional kWh
1.25
1.21
For Primaiv Seivice (GL2)
First 200,000 kWh
2.08
2.04
Additional kWh
1.15
1.11
For Primaiv Seivice & Ownership (GL3)
First 200,000 kWh
1.88
1.84
Additional kWh
0.95
0.91
Energy Cost Adjustment
Variable
Variable
General Seivice Time of Use - TGS
Facility Charge $
76.45
76.45
Demand Charge /$ per kVA On -Peak
12.17
11.87
Demand Charge /$ per kVA Off -Peak
2.40
2.34
Energy Charge /cents per kWh:
For Secondaiv Seivice (TGI)
0.73
0.71
For Primaiv Seivice (TG2)
0.63
0.61
For Primaiv Seivice & Ownership (TG3)
0.43
0.41
Energy Cost Adjustment
Variable
Variable
Local Government - GI
Facility Charge $ - Single Phase
15.80
15.80
Facility Charge $ - Three Phase
21.10
21.10
Demand Charge /$ per kW
7.01
6.81
Energy Charge /cents per kWh
3.22
3.15
Energy Cost Adjustment
Variable
Variable
Local Government Small - G2
Facility Charge $ - Single Phase
15.80
15.80
Facility Charge $ - Three Phase
21.10
21.10
Energy Charge /cents per kWh
6.66
6.45
Energy Cost Adjustment
Variable
Variable
Finance /Rates /EX 1 - FY 2013 -2014 ERATES Comparison CC 09172013.xlsx
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule
2014
Rates
2013
Rates
Weekend Rate - WK
31.60
31.60
Facility Charge $ - Single Phase
20.86
20.86
Facility Charge $ - Three Phase
26.08
26.08
Demand Charge /$ per kW (First 20 kW Not Billed)
6.84
6.72
Energy Charge /cents per kWh:
8.19
796
First 2,500 kWh
7.24
7.02
2,501 to 6,000 kWh
3.79
3.67
Additional kWh
2.79
2.70
Energy Cost Adjustment
Variable
Variable
Athletic Field - AF
Facility Charge $ - Single Phase
21.07
21.07
Facility Charge $ - Three Phase
31.60
31.60
Energy Charge /cents per kWh:
October through May
4.10
398
June through September Off -Peak
4.10
398
June through September On -Peak
8.19
796
Demand Charge /$ per kW:
October through May
1.20
1.17
June through September Off -Peak
1.20
1.17
June through September On -Peak
5.08
494
Energy Cost Adjustment
Variable
Variable
Street LiOitinz - LS
Sodium:
LSA 100 W Facility Charges $
5.28
5.15
LSB 250 W Facility Charges $
7.48
7.30
LSC 400 W Facility Charges $
9.42
9.19
ECA Charge = Monthly Bulb Wattage Factor x ECA
Variable
Variable
Monthly Bulb Wattage Factors:
100 W
48 kWh
48 kWh
250 W
105 kWh
105 kWh
400 W
159 kWh
159 kWh
Traffic LiOitiwz - LT
Energy Charge /cents per kWh
5.76
5.62
Energy Cost Adjustment
Variable
Variable
Umnetered School Zone /Crossinz Flashers - UFL
Energy Charge /cents per kWh
5.76
5.62
Energy Cost Adjustment
Variable
Variable
Umnetered Traffic LiOitinz - ULT
Energy Charge /cents per kWh
5.76
5.62
Energy Cost Adjustment
Variable
Variable
Umnetered Securit-v Camera - USC
Facility Charge $
16.19
15.80
Energy Charge /cents per kWh
5.76
5.62
Energy Cost Adjustment
Variable
Variable
Finance /Rates /EX 1 - FY 2013 -2014 ERATES Comparison CC 09172013.xlsx
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule 2014 2013
Rates Rates
Other LiOitimz - LO
LOA (unmetered lighting)
Energy Charge /cents per kWh
where Energy Charge = kWh rate x Bulb Wattage /1000 x 333 hrs
ECA Charge = Current ECA x Bulb Wattage /1000 *333 hrs
LOB (metered lighting)
Energy Charge /cents per kWh
Energy Cost Adjustment
Security Lighting - DD
Sodium:
DSA 100 W Facility Charges $
DSB 250 W Facility Charges $
DSC 400 W Facility Charges $
DHA 250W Metal Halide Facility Charges $
DHB 40OW Metal Halide Facility Charges $
ECA Charge = Current ECA x Monthly Bulb Wattage Factor
Monthly Bulb Wattage Factors:
100 W
250 W
400 W
Downtown Decorative Lighting - DL
Facility Charge $
Energy Charge = Current ECA x Monthly Bulb Wattage Factor
x 415 kWh per Customer.
Non - Standard Street Liahtina
Facility Charge $
Energy Charge /cents per kWh:
DLSA 100 W Sodium Vapor
DLSB 250 W Sodium Vapor
DLSC 400 W Sodium Vapor
DLHA 250 W Metal Halide
DLHB 400 W Metal Halide
ECA Charge = Current ECA x Monthly Bulb Wattage Factor
Monthly Bulb Wattage Factors:
100 W
250 W
400 W
Labor/Equipment $ per Hour - Regular Time
Labor/Equipment $ per Hour - ON- ertime
Administrative Fee
5.76
5.76
Variable
8.34
11.03
13.29
12.97
15.45
48 kWh
105 kWh
159 kWh
4.14
8.14
5.76
5.76
5.76
5.76
5.76
48 kWh
105 kWh
159 kWh
Actual Costs
Actual Costs
10% of Total Costs
Finance /Rates /EX 1 - FY 2013 -2014 ERATES Comparison CC 09172013.xlsx
5.62
5.62
Variable
8.14
10.76
12.97
12.65
15.07
48 kWh
105 kWh
159 kWh
4.04
8.14
5.62
5.62
5.62
5.62
5.62
48 kWh
105 kWh
159 kWh
Actual Costs
Actual Costs
10% of Total Costs
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule 2014 2013
Rates Rates
Temporaiv Seivice - TI
Facility Charge $ - Single Phase 15.80 15.80
Facility Charge $ - Three Phase 21.10 21.10
Energy Charge /cents per kWh 7.32 7.11
Energy Cost Adjustment Variable Variable
Labor/Equipment $ per Hour - Regular Time Actual Costs Actual Costs
Labor/Equipment $ per Hour - Overtime Actual Costs Actual Costs
Administrative Fee 10% of Total Costs 10% of Total Costs
Economic Growth Rider - EGR
Reduction to Monthly- Load Demand:
Year 1 50% 50%
Year 2 40% 40%
Year 3 30% 30%
Year 4 20% 20%
Year 5 10% 10%
Independent Wholesale Generator
Facility Charge
65.55
65.55
Demand Charge /$ per kW
2.06
2.06
Line Loss Charge
ECA Rate
ECA Rate
Stand -Bv Sewice
GSL Rate
GSL Rate
Sewice to Customer Stiuctures/Facilities
Actual Costs
Actual Costs
Finance /Rates /EX 1 - FY 2013 -2014 ERATES Comparison CC 09172013.xlsx
EXHIBIT 2
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
RATES CONTAINED IN ORDINANCE NO. 2012 -209 FOR ELECTRIC SERVICE;
AMENDING THE PROVISIONS OF THE RESIDENTIAL SERVICE RATE SCHEDULE
(SCHEDULE RES); AMENDING THE PROVISIONS OF THE RESIDENTIAL RENEWABLE
ENERGY SERVICE RIDER (SCHEDULE RG); ADDING THE PROVISIONS OF THE
RESIDENTIAL PREPAID SERVICE SCHEDULE (SCHEDULE RPP); AMENDING THE
PROVISIONS OF THE GENERAL SERVICE SMALL SCHEDULE (SCHEDULE GSS);
AMENDING THE PROVISIONS OF THE GENERAL SERVICE MEDIUM SCHEDULE
(SCHEDULE GSM); AMENDING THE PROVISIONS OF THE GENERAL SERVICE LARGE
SCHEDULE (SCHEDULE GSL); AMENDING THE PROVISIONS OF THE GENERAL TIME
OF USE SCHEDULE (SCHEDULE TGS); AMENDING THE PROVISIONS OF THE LOCAL
GOVERNMENT SMALL SCHEDULE (SCHEDULE G2); AMENDING THE PROVISIONS OF
THE LOCAL GOVERNMENT SCHEDULE (SCHEDULE G1); AMENDING THE
PROVISIONS OF THE WEEKEND SERVICE SCHEDULE (SCHEDULE WK); AMENDING
THE PROVISIONS OF THE ATHLETIC FIELD SCHEDULE (SCHEDULE AF); AMENDING
THE PROVISIONS OF THE STREET LIGHTING SCHEDULE (SCHEDULE LS); AMENDING
THE PROVISIONS OF THE TRAFFIC LIGHTING SCHEDULE (SCHEDULE LT);
AMENDING THE PROVISIONS OF THE UNMETERED SCHOOL ZONE /CROSSING
FLASHERS SCHEDULE (SCHEDULE UFL); AMENDING THE PROVISIONS OF THE
UNMETERED TRAFFIC LIGHTS SCHEDULE (SCHEDULE ULT); AMENDING THE
PROVISIONS OF THE UNMETERED SECURITY CAMERA SCHEDULE (SCHEDULE USC);
AMENDING THE PROVISIONS OF THE OTHER LIGHTING SCHEDULE (SCHEDULE LO);
AMENDING THE PROVISIONS OF THE SECURITY LIGHTING SCHEDULE (SCHEDULE
DD); AMENDING THE PROVISIONS OF THE DECORATIVE DOWNTOWN LIGHTING
SCHEDULE (SCHEDULE DDL); AMENDING THE PROVISIONS OF THE NON STANDARD
STREET LIGHTING SCHEDULE (SCHEDULE DSL); AMENDING THE PROVISIONS OF
THE TEMPORARY SERVICE SCHEDULE (SCHEDULE T1); PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Schedule of Rates for electrical services as provided for in Chapter 26 of
the City of Denton Code of Ordinances, is amended to read as follows:
ELECTRIC RATE SCHEDULES
PAGE
RES
Residential Service
3
RG
Residential Renewable Energy Service Rider
5
RPP
Residential Prepaid Service
7
GSS
General Service Small
9
GSM
General Service Medium
11
GSL
General Service Large
13
TGS
General Service Time of Use
15
G2
Local Government Small
18
G1
Local Government
20
WIC
Weekend Service
22
AF
Athletic Field
24
LS
Street Lighting
26
LT
Traffic Lighting
27
UFL
Unmetered School Zone /Crossing Flashers
28
ULT
Unmetered Traffic Lighting
29
USC
Unmetered Security Camera
30
LO
Other Lighting
31
DD
Security Lighting
33
DDL
Decorative Downtown Lighting
35
DSL
Non Standard Street Lighting
36
T1
Temporary Service
38
EGR
Economic Growth Rider
40
GRP
GreenSense Energy Efficiency Rebate Program
42
ECA
Energy Cost Adjustment
43
RCA
Renewable Cost Adjustment
45
DGR
Distributed Generation From Renewable Sources Rider
47
IWG
Independent Wholesale Generator Rider
49
CGR
Commercial Renewable Energy Service Rider
52
SFR
Special Facilities Rider
54
DFR
Dark Fiber Rate
55
2
SCHEDULE RES
RESIDENTIAL SERVICE
(Effective 10/01/13)
APPLICATION
Applicable to any Customer for all electric service used for residential purposes in an individual
private dwelling or an individually metered apartment, supplied at one point of delivery and
measured through one meter. This rate is not applicable to resale service in any event, or to
temporary, standby, or supplementary service.
NET MONTHLY RATE
plus;
plus;
WINTER SUMMER
Billing months of Billing months of
November through April May through October
(1) Facility Charge
Single -Phase $ 8.25 /bill $ 8.25 /bill
Three -Phase $16.50 /bill $16.50 /bill
(2) Energy Charge per billing period
First 600 kWh 5.86¢ /kWh
Additional kWh 3.900 /kWh
All kWh 5.860 /kWh
(3) Energy Cost Adjustment Charge
See Schedule ECA See Schedule ECA
3
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single -Phase Facility Charge
Three -Phase Facility Charge
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x Rate per kWh in rate block
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the City
and the Customer, subject to the Special Facilities Rider, may be required where service of the type
desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10)
business days after issuance.
F.
SCHEDULE RG
RESIDENTIAL RENEWABLE ENERGY SERVICE RIDER
(Effective 10/01/13)
APPLICATION
Applicable to any Customer for all electric service used for residential purposes in an individual
private dwelling or an individually metered apartment, supplied at one point of delivery and
measured through one meter. This rate is not applicable to resale service in any event, or to
temporary, standby, or supplementary service.
In light of additional costs associated with the Residential Renewable Energy Service Rider and to
mitigate potential risk to ratepayers, any participant in the Residential Renewable Energy Service
Rider must be, at the time this rider is applied for and continuing while such rider is in effect, a
customer in good standing of all Denton Municipal Utilities, including Solid Waste services.
Unless legal review procedures have been invoked in good faith regarding the obligation, a
customer in good standing for the purpose of this Rate Rider is defined as a customer not owing any
unpaid utility or solid waste debt obligation that is over forty -five (45) days past due to the City of
Denton, Texas during the previous 12 months.
NET MONTHLY RATE
plus;
plus;
(1) Facility Charge
Three -Phase
WINTER
Billing Months of
November through April
$ 8.25 /bill
$16.50 /bill
(2) Energy Charge per billing period
First 600 kWh 5.86¢ /kWh
All Additional kWh 3.90¢ /kWh
SUMMER
Billing Months of
May through October
$ 8.25 /bill
$16.50 /bill
All kWh 5.86¢ /1(Wh
(3) Renewable Cost Adjustment Charge
See Schedule RCA See Schedule RCA
5
TERM
Customers wishing to receive Renewable Energy Service must sign a Residential Renewable
Energy Agreement and commit to accept this service for a minimum term of 6 months. At the end
of each 6 month period, a customer's Renewable Energy Service will be extended for another 6
month period unless that customer provides a written request to terminate that service to the City of
Denton Customer Service Department 15 days prior to the end of the then - current 6 -month
participation period.
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single -Phase Facility Charge
Three -Phase Facility Charge
ENERGY CHARGE
Billing for the energy charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x rate per kWh in rate block
TYPE OF SERVICE
The City will supply single -phase service (or three phase service if available at the point of delivery)
at sixty (60) cycles and at any standard voltages available from the City's distribution system
through one standard transformation. Additional contractual arrangements between the City and the
Customer, subject to the Special Facilities Rider, may be required where service of the type desired
by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
2
SCHEDULE RPP
RESIDENTIAL PREPAID SERVICE
(Effective 10/01/13)
APPLICATION
Applicable to any Customer for prepaid electric service used for residential purposes in an
individual private dwelling or an individually metered apartment, supplied at one point of delivery
and measured through one meter. This rate is not applicable to resale service in any event, or to
temporary, standby, or supplementary service.
Residential Prepaid Service may initially not be available in all areas.
NET MONTHLY RATE
plus;
plus;
WINTER SUMMER
Billing months of Billing months of
November through April May through October
(1) Facility Charge
Single -Phase $15.25 /bill $15.25 /bill
Three -Phase $22.50 /bill $22.50 /bill
(2) Energy Charge per billing period
First 600 kWh 5.86¢ /kWh
Additional kWh 3.90kWh
All kWh 5.86¢ /kWh
(3) Energy Cost Adjustment Charge
See Schedule ECA See Schedule ECA
7
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single -Phase Facility Charge
Three -Phase Facility Charge
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x Rate per kWh in rate block
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the City
and the Customer, subject to the Special Facilities Rider, may be required where service of the type
desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10)
business days after issuance.
SCHEDULE GSS
GENERAL SERVICE SMALL
(Effective 10/01/13)
APPLICATION
The General Service Small (GSS) rate is applicable to any commercial or industrial customer
having a maximum demand of less than 2 1. 0 kW in each of the previous twelve (12) months for all
electric service supplied at one point of delivery and measured through one meter. If the demand in
any month is equal to or exceeds 21.0 kW, billing will be made under the Rate Schedule GSM and
Customer must remain on the GSM rate for a minimum of twelve (12) billing periods. This rate is
not applicable to resale service in any event, or to temporary, standby, or supplementary service.
NET MONTHLY RATE
plus;
plus;
(1) Facility Charge
Single -Phase $15.80 /bill
Three -Phase $21.10 /bill
(2) Energy Charge per billing period
First 2,500 kWh 7.24¢ /kWh
Additional kWh 3.79¢ /1cWh
(3) Energy Cost Adjustment Charge See Schedule ECA
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single -Phase
Three -Phase
I
Facility Charge
Facility Charge
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x Rate per kWh in rate block
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the City
and the Customer, subject to the Special Facilities Rider, may be required where service of the type
desired by the Customer is not available at the point of service.
PAYNfF.NT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
10
SCHEDULE GSM
GENERAL SERVICE MEDIUM
(Effective 10/01/13)
APPLICATION
The General Service Medium (GSM) rate is applicable to any commercial or industrial customer
having a maximum demand that meets or exceeds 21.0 kW in any one of the previous twelve (12)
months but less than 250 kVA in each of the previous twelve (12) months for all electric service
supplied at one point of delivery and measured through one meter. This rate is not applicable to
resale service in any event, or to temporary, standby, or supplementary service.
NET MONTHLY RATE
plus;
plus;
plus;
(1) Facility Charge
Single -Phase $15.80 /bill
Three -Phase $21.10 /bill
(2) Demand Charge $4.14 /kW (all kW)
(3) Energy Charge per billing period
First 6,000 kWh 4.53¢ /kWh
Additional kWh 3.74¢ /kWh
(4) Energy Cost Adjustment Charge See Schedule ECA
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) The Facility Charge,
plus;
(2) The Demand Charge
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1)
the actual monthly kW demand as measured during the fifteen (15) minute period of maximum use
each month; or (2) seventy percent (70 %) of the maximum monthly actual demand for any month
during the previous billing months of May through October in the twelve (12) months ending with
the current month.
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x Rate per kWh in rate block
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (GM I) shall receive no Energy Charge
discount. Customers utilizing City owned and operated facilities and transformation equipment and
who are metered at primary voltage (GM2) shall receive an Energy Charge discount of 0.1 0/kWh.
Customers who own, operate, and maintain all facilities necessary to receive three -phase primary
voltage service and all transformation facilities required for conversion to utilization voltage (GM3)
shall receive an Energy Charge discount of 0.3¢ /kWh. The City shall own, operate and maintain all
metering facilities, either at primary or secondary voltage.
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the City
and the Customer, subject to the Special Facilities Rider, may be required where service of the type
desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
12
SCHEDULE GSL
GENERAL SERVICE LARGE
(Effective 10/01/13)
APPLICATION
The General Service Large (GSL) Rate is applicable to any commercial or industrial customer
having a minimum actual demand of 250 kVA for all electric service supplied at one point of
delivery and measured through one meter. Customers other than commercial and industrial may
be allowed service under this rate, subject to the minimum billing provision. Customers who
elect to discontinue service under this rate are ineligible for service under this rate for twelve
months. This rate is not applicable to resale service in any event, or to temporary, standby, or
supplementary service.
NET MONTHLY RATE
plus;
plus;
plus;
(1) Facility Charge
(2) Demand Charge
(3) Energy Charge per billing period
First 200,000 kWh
Additional kWh
(4) Energy Cost Adjustment Charge
MINIMUM BILLE14G
$65.55 /bill
$9.55 /kVA (Minimum of 250 kVA
billed)
2.18¢ /kWh
1.25¢ /kWh
See Schedule ECA
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
plus;
(1) The Facility Charge,
(2) The Demand Charge
13
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of. (1)
the actual monthly kVA demand as measured during the fifteen (15) minute period of maximum use
each month; or (2) 250 kVA; or (3) seventy percent (70 %) of the maximum monthly kVA actual
demand for any month during the previous billing months of May through October in the twelve
(12) month period ending with the current month.
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x Rate per kWh in rate block
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (GL1) shall receive no Energy Charge
discount. Customers utilizing City owned and operated facilities and transformation equipment and
who are metered at primary voltage (GL2) shall receive an Energy Charge discount of 0.1 0/kWh.
Customers who own, operate, and maintain all facilities necessary to receive three -phase primary
voltage service and all transformation facilities required for conversion to utilization voltage (GL3)
shall receive an Energy Charge discount of 0.3 ¢ /kWh. The City shall own, operate and maintain all
metering facilities, either at primary or secondary voltage.
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the City
and the Customer, subject to the Special Facilities Rider, may be required where service of the type
desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
14
SCHEDULE TGS
GENERAL SERVICE TIME OF USE
(Effective 10/01/13)
APPLICATION
Applicable to any customer having a minimum demand of 250 kVA for all electric service supplied
at one point of delivery and measured through one meter, with the City providing all facilities
necessary to receive primary voltage service. Customers electing this rate must remain on this rate
for a minimum of twelve (12) continuous billing months. This rate is not applicable to resale
service in any event, or to temporary, standby, or supplementary service.
In light of additional costs associated with the General Service Time of Use rate and to mitigate
potential risk to ratepayers, any participant in the General Service Time of Use rate must be, at the
time this rate is applied for and continuing while such rate is in effect, a customer in good standing
of all Denton Municipal Utilities, including Solid Waste services. Unless legal review procedures
have been invoked in good faith regarding the obligation, a customer in good standing for the
purpose of this Rate Rider is defined as a customer not owing any unpaid utility or solid waste debt
obligation that is over forty-five (45) days past due to the City of Denton, Texas during the previous
12 months.
NET MONTHLY RATE
plus;
plus;
plus;
plus;
(1) Facility Charge $76.45/bill
(2) On -Peak Demand Charge $12.17 /kVA
(3) Off -Peale Demand Charge $2.40 /kVA
(4) Energy Charge per billing period 0.73¢ /kWh
(5) Energy Cost Adjustment Charge See Schedule ECA
15
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
plus;
plus;
(1) The Facility Charge,
(2) The Off -Peak Demand Charge,
(3) The On -Peak Demand Charge
DEFINITION OF ON -PEAK HOURS
The City's on -peak hours, for the purpose of this rate schedule, are designated as being from 2:00
P.M. to 7:00 P.M. each Monday through Friday, for the months of June through September
excluding Independence Day and Labor Day. The City's on -peak hours may be changed from time
to time.
DEFINITION OF OFF -PEAK HOURS
The City's system (off -peak) hours, for the purpose of this rate schedule, shall be all hours not
designated as on -peal, hours.
DETERMINATION OF ON -PEAK DEMAND
The demand used in calculating the On -Peak Demand Charge for the billing period shall be the
greater of: (1) the kVA actual demand supplied during the fifteen (15) minute period of maximum
use each month during on -peak hours as recorded by the City's demand meter, or (2) one hundred
percent (100 %) of the actual maximum on -peak demand similarly determined during the billing
months of June through September in the twelve (12) months immediately preceding the current
month. The On Peak Demand Charge will be applied to each billing period.
DETERMINATION OF OFF -PEAK DEMAND
The demand used in calculating the Off -Peak Demand Charge for the billing period shall be the
actual kVA demand supplied during the fifteen (15) minute period of maximum use during off -peak
hours each month as recorded by the City's demand meter. The Off- -Peak Demand Charge will be
applied to each billing period.
16
DETERMINATION OF DEMAND BILLING FOR CUSTOMERS WITH NO PEAK DEMAND
HISTORY DURING OFF -PEAK MONTHS
If the Customer is new or does not have a history of on -peak use for June through September, and
elects to accept service on the TGS rate, the Customer's billed demand shall be the off -peak demand
billed at the GSL demand rate. The off -peak demand will be billed every month at the GSL rate
until the customer establishes a separate on -peak and off -peak demand during an on -peak month.
At this time, both on -peak and off -peak demand will then begin billing at the TGS rate.
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (TG 1) shall receive no Energy Charge
discount. Customers utilizing City owned and operated facilities and transformation equipment and
who are metered at primary voltage (TG2) shall receive an Energy Charge discount of 0.1¢ /kWh.
Customers, who own, operate and maintain all facilities necessary to receive three -phase primary
voltage service and all transformation facilities required for conversion to utilization voltage (TG3)
shall receive an Energy Charge discount of 0.3¢ /kWh. The City shall own, operate and maintain all
metering facilities, either at primary or secondary voltage.
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh x kWh Rate
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the City
and the Customer, subject to the Special Facilities Rider, may be required where service of the type
desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
17
SCHEDULE G2
LOCAL GOVERNMENT SERVICE SMALL
(Effective 10/01/13)
APPLICATION
Applicable to any local City, County or School District having a maximum demand of less than
21.0 kW in each of the previous twelve (12) months for all electric service supplied at one point of
delivery and measured through one meter. If the demand in any month equals or exceeds 21.0 kW,
billing will be made under the Rate Schedule G1 and Customer must remain on the G1 rate for a
minimum of twelve (12) billing periods. This rate is not applicable to resale service in any event,
or to temporary, standby or supplementary service.
NET MONTHLY RATE
(1) Facility Charge
Single -Phase
Three -Phase
plus;
(2) Energy Charge
plus;
(3) Energy Cost Adjustment Charge
MINIMUM BILLING
$15.80 /bill
$21.10 /bill
6.66¢ /kWh
See Schedule ECA
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) Facility Charge,
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing
period.
Energy Charge = kWh x kWh Rate
18
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the
City and the Customer, subject to the Special Facilities Rider, may be required where service of the
type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10)
business days after issuance.
19
SCHEDULE G1
LOCAL GOVERNMENT SERVICE
(Effective 10/01/13)
APPLICATION
The Local Government Service (G1) rate is applicable to any local City, County, or School District
having a maximum demand that equals or exceeds 2 1. 0 kW in any one of the previous twelve (12)
months but less than 250 kVA in each of the previous twelve (12) months for all electric service
supplied at one point of delivery and measured through one meter. This rate is not applicable to
resale service in any event, or to temporary, standby, or supplementary service.
NET MONTHLY RATE
plus;
plus;
plus;
(1) Facility Charge
Single -Phase $15.80 /bill
Three -Phase $21.10 /bill
(2) Demand Charge $7.01 /kW
(3) Energy Charge 3.22¢ /kWh
(4) Energy Cost Adjustment Charge See Schedule ECA
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) Facility Charge,
plus;
(2) Demand Charge
20
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of:
(1) The actual kW demand supplied during the fifteen (15) minute period of maximum use
during the current month as determined by City's demand meter; or (2) not less than 50% of the
highest monthly actual demand determined during the billing months of May through October in
the twelve (12) months immediately preceding the current month.
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing
period.
Energy Charge = kWh x kWh Rate
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the
City and the Customer, subject to the Special Facilities Rider, may be required where service of the
type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10)
business days after issuance.
21
SCHEDULE WK
WEEKEND SERVICE
(Effective 10/01/13)
APPLICATION
Applicable to any commercial and industrial user whose maximum demand load occurs during the
period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a
demand load during the period from Sunday 12 midnight through Thursday 12 midnight that
exceeds 80% of the maximum demand load. Customers who violate the 80% requirement more
than four (4) times during the month, or more than twice on the same day of the week, during the
months of June through September, are ineligible for service under this rate for twelve (12) months.
This rate is not applicable to resale service in any event, or to temporary, standby or supplementary
service except in conjunction with applicable rider.
NET MONTHLY RATE
(1) Facility Charge
Single -Phase
Three -Phase
plus;
(2) Demand Charge
plus;
plus;
(3) Energy Charge per billing period
First 2,500 kWh
Next 3,500 kWh
Additional kWh
(4) Energy Cost Adjustment Charge
MINIMUM BILLING
(1) Facility Charge
plus;
(2) Demand Charge
22
$20.86/bill
$26.08 /bill
$6.84/kW (First 20 kW not billed)
7.24¢ /kWh
3.79¢ /kWh
2.79¢ /kWh
See Schedule ECA
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1)
the actual kW demand supplied during the fifteen (15) minute period of maximum use during the
current billing period as determined by the City's demand meter less 20 kW; or (2) zero (0).
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x Rate per kWh in rate block
TYPE OF SERVICE
The City will supply single -phase service (or three -phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution
system through one standard transformation. Additional contractual arrangements between the City
and the Customer, subject to the Special Facilities Rider, may be required where service of the type
desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
23
SCHEDULE AF
ATHLETIC FIELD
(Effective 10/01/13)
APPLICATION
Applicable to all electric service metered at one point for use to light specified areas for athletic
events. This rate is not applicable to resale service in any event, or to temporary, standby, or
supplementary service except in conjunction with applicable rider.
NET MONTHLY RATE
(1) Facility Charge
plus;
plus;
plus:
Single -Phase $21.07 /bill
Three -Phase $31.60 /bill
(2) Energy Charge per billing period
Billing months of June through September:
Peak (2:00 PM to 7:00 PM) 8.19¢ /kWh
Off Peak (All Other Hours) 4.10¢ /kWh
Billing months of October through May:
All hours 4.10¢ /kWh
(3) Demand Charge
Billing months of June through September:
Peak (2:00 PM - 7:00 PM) $5.08 /kW
Off Peak (All Other Hours) $1.20 /kW
Billing months of October through May:
All hours $1.20 /kW
(4) Energy Cost Adjustment Charge See Schedule ECA
FIE
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single -Phase Facility Charge
Three -Phase Facility Charge
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the actual kW
demand supplied during the fifteen (15) minute period of maximum use during the current billing
period as determined by the City's demand meter.
ENERGY CHARGE
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh in rate block x Rate per kWh in rate block
TYPE OF SERVICE
The City will supply single -phase or three -phase service at sixty (60) cycles and at any standard
voltages available from the City's distribution system through one standard transformation.
Additional contractual arrangements between the City and the Customer, subject to the Special
Facilities Rider, may be required where service of the type desired by the Customer is not available
at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
25
SCHEDULE LS
STREET LIGHTING
(Effective 10/01/13)
APPLICATION
Applicable to all street lighting owned and maintained by the City of Denton.
NET MONTHLY RATE
plus;
(1) Facility Charge
Rate Luminaire Type
LSA
100 W Sodium Vapor
LSB
250 W Sodium Vapor
LSC
400 W Sodium Vapor
(2) Energy Cost Adjustment Charge
Rate
Bulb Wattage Factor
LSA
LSB
LSC
TYPE OF SERVICE
100 W Sodium Vapor
250 W Sodium Vapor
400 W Sodium Vapor
Facility Charge
$5.28 /bill
$7.48/bill
$9.42/bill
(Current ECA per Schedule ECA) x
(Bulb Wattage Factor where the
following Bulb Wattage Factors
apply);
Luminaire Type
48 kWh
105 kWh
159 kWh
The City will supply single - phase, sixty (60) cycle service at 120, 240, or 480 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
26
SCHEDULE LT
TRAFFIC LIGHTING
(Effective 10/01/13)
APPLICATION
Applicable to State and Local Government agencies that operate and maintain their own traffic
signals.
NET MONTHLY RATE
plus;
(1) Energy Charge per billing period 5.76¢ /kWh
(2) Energy Cost Adjustment Charge See Schedule ECA
ENERGY CHARGE
Billing for the energy charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh x kWh Rate
TYPE OF SERVICE
The City will supply single - phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
27
SCHEDULE UFL
UNMETERED SCHOOL ZONE /CROSSING FLASHERS
(Effective 10/01/13)
APPLICATION
Applicable to Local Government agencies that operate and maintain their own unmetered school
zone /crossing flashers.
NET ANNUAL RATE
plus;
(1) Energy Charge per billing period 5.76¢ /1<Wh
(2) Energy Cost Adjustment Charge See Schedule ECA
ENERGY CHARGE
Billing for the energy charge shall be based on historical recorded annual kWh consumption. The
total billed usage divided by number of school zone /crossing flashers will determine the average
kWh usage. This average consumption will be billed for each school zone /crossing flasher once
every twelve (12) months at the end of the fiscal year. Any accounts that are added during the year
will be billed on prorated consumption.
Energy Charge = kWh x kWh Rate
Annual Usage = 48 kWh per account
TYPE OF SERVICE
The City will supply single - phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
28
SCHEDULE ULT
UNMETERED TRAFFIC LIGHTING
(Effective 10/01/13)
APPLICATION
Applicable to Local Government agencies that operate and maintain their own unmetered traffic
signals.
NET ANNUAL RATE
plus;
(1) Energy Charge per billing period 5.76¢ /kWh
(2) Energy Cost Adjustment Charge See Schedule ECA
ENERGY CHARGE
Billing for the energy charge shall be based on historical recorded annual kWh consumption. The
total billed usage divided by number of lighted intersections will determine the average kWh usage.
This average consumption will be billed for each lighted intersection once every twelve (12) months
at the end of the fiscal year. Any accounts that are added during the year will be billed on prorated
consumption.
Energy Charge = kWh x kWh Rate
Annual Usage = 904 kWh per account
TYPE OF SERVICE
The City will supply single - phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
a
SCHEDULE USC
UNMETERED SECURITY CAMERA
(Effective 10/01/13)
APPLICATION
Applicable to Local Government agencies that operate and maintain their own unmetered security
cameras.
NET ANNUAL RATE
plus;
plus;
(1) Facility Charge
$16.19
(2) Energy Charge 5.76¢ /kWh
(4) Energy Cost Adjustment Charge See Schedule ECA
ENERGY CHARGE
Billing for the energy charge shall be based on technical information of installed equipment. This
calculated consumption will be billed for each camera once every twelve (12) months at the end of
the fiscal year. Any accounts that are added during the year will be billed on prorated consumption.
Energy Charge = annual kWh per camera x kWh Rate
Annual Usage = 300 kWh per camera per account
TYPE OF SERVICE
The City will supply single - phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
30
SCHEDULE LO
OTHER LIGHTING
(Effective 10/01/13)
APPLICATION
Applicable to Texas Department of Transportation unmetered and metered safety lighting systems
and continuous lighting systems as those terms are defined in Texas Administrative Code, Title 43,
Part 1, Chapter 25, Subchapter A, Rule §25.11.
DEFINITION
The following definitions apply to this Schedule LO:
Hours of Operation Per Billing Period = 333 hours
Bulb Wattage is the rated wattage of the luminaire bulb
NET MONTHLY RATE LOA ( Unmetered Lighting)
plus;
(1) Energy Charge per billing period
(2) Energy Cost Adjustment Charge
ENERGY CHARGE LOA ( Unmetered Lighting)
5.76¢ /kWh
(Current ECA per Schedule ECA) x
(Bulb Wattage /1000) x (Hours of
Operation Per Billing Period)
Billing for the Energy Charge shall be based on estimated kWh consumption during the
billing period.
Energy Charge = (kWh Rate x Bulb Wattage /1000) x (Hours of Operation Per Billing
Period)
NET MONTHLY RATE LOB (Metered Lighting)
plus;
(1) Energy Charge per billing period
(2) Energy Cost Adjustment Charge
31
5.76¢ /kWh
See Schedule ECA
ENERGY CHARGE LOB (Metered Lighting)
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh x kWh Rate
TYPE OF SERVICE
The City will supply single - phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
32
SCHEDULE DD
SECURITY LIGHTING
(Effective 10/01/13)
APPLICATION
Applicable to any customer within the area served by the City's electric distribution system for
outdoor area lighting when such lighting facilities are operated as an extension of the City's
distribution system.
NET MONTHLY RATE
(1) Facility Charge
plus;
Rate
Luminaire Type
Facility Charge
DSA
100 W Sodium Vapor
$ 8.34/bill
DSB
250 W Sodium Vapor
$11.03 /bill
DSC
400 W Sodium Vapor
$13.29/bill
DHA
250 W Metal Halide
$12.97/bill
DHB
400 W Metal Halide
$15.45 /bill
(2) Energy Cost Adjustment Charge
(Current ECA per Schedule ECA) x (Monthly Bulb Wattage Factor where the following
Bulb Wattage Factors apply);
Rate
DSA
DSB
DSC
DHA
DHB
TYPE OF SERVICE
Luminaire Type
100 W Sodium Vapor
250 W Sodium Vapor
400 W Sodium Vapor
250 W Metal Halide
400 W Metal Halide
Bulb Wattage Factor
48 kWh
105 kWh
159 kWh
105 kWh
159 kWh
The City shall furnish, install, maintain and deliver electric service to automatically controlled, metal
halide or sodium vapor lighting fixtures conforming to the City's standards and subject to its
published rules and regulations.
33
Where necessary for proper illumination or where existing poles are inadequate, the City will install
or cause to be installed, one (1) wood pole with the necessary lighting hardware and overhead
conductor for each installed light, at a distance not to exceed eighty (80) feet from existing lines, at
no charge to the Customer. Additional contractual arrangements between the City and the customer,
subject to the Special Facilities Rider, may be required where the eighty (80') feet distance limit is
exceeded or service of the type desired by the Customer is otherwise not available at the point of
service.
TERM OF CONTRACT
A two (2) year contract shall be agreed to and signed by each Customer desiring Security Lighting
Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied to the
Customer's monthly municipal utilities bill. In the event that a Customer requests the removal of the
unit or discontinuance of the service prior to completion of two (2) years, the remainder of the
contract period shall become due and payable. After the end of the initial two (2) year contract,
service shall continue on a month -to -month basis and may be canceled by either party upon thirty
(30) days notice.
P A V MPNT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
34
SCHEDULE DDL
DOWNTOWN DECORATIVE LIGHTING
(Effective 10/01/13)
APPLICATION
Applicable to any Customer requesting service on the perimeter of the historic County Courthouse
Square located in downtown Denton and served by the City's existing electric distribution system
for outdoor area lighting at said location.
NET MONTHLY RATE
plus;
(1) Facility Charge
$4.14 /bill
(2) Energy Cost Adjustment (Current ECA per Schedule ECA) x
(350 kWh per Customer)
TYPE OF SERVICE
The City shall furnish, install, maintain and deliver electric service to automatically controlled
lighting fixtures conforming to the City's standards and subject to its published rules and
regulations. The service is provided between dusk and midnight. Additional contractual
arrangements between the City and the Customer, subject to the Special Facilities Rider, may be
required where service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
FACILITY CHARGE
The Facility Charge shall be assessed on each bill rendered.
35
SCHEDULE DSL
NON - STANDARD STREET LIGHTING
(Effective 10/01/13)
APPLICATION
Applicable to street lighting owned and maintained by the Customer. Availability of this service is
contingent on the existence of an executed Special Facilities Rider between the legally responsible
party and the City under which the legally responsible party accepts all responsibilities, both legal
and financial, related to operation and maintenance of the subject lights, including but not limited to
payment of all applicable energy charges.
NET MONTHLY RATE
plus;
plus;
(1) Facility Charge
$8.34 /bill
(2) Energy Charge 5.76¢ /kWh
Energy Charge = (kWh Rate) x (Bulb Wattage Factor)
(3) Energy Cost Adjustment Charge
(Current ECA per Schedule ECA) x (Monthly Bulb Wattage Factor where the following
Bulb Wattage Factors apply);
Rate
Luminaire Type
Bulb Wattage Factor
DLSA
100 W Sodium Vapor
48 kWh
DLSB
250 W Sodium Vapor
105 kWh
DLSC
400 W Sodium Vapor
159 kWh
DLHA
250 W Metal Halide
105 kWh
DLHB
400 W Metal Halide
159 kWh
Other — For any lamp types installed by owner that are not included in the list above, a
Bulb Wattage Factor will be determined for each unique type.
TYPE OF SERVICE
The City shall deliver single - phase, sixty (60) cycle service at 120 or 240 volts to the site for non-
standard streetlight fixtures supplied by the customer, and installed by the City in accordance with
36
Municipal Code requirements. Additional contractual arrangements between the City and the
customer, subject to the Special Facilities Rider, may be required where service of the type desired
by the Customer is not available at the point of service.
ADDITIONAL SERVICE CHARGES
If the City is required to maintain the privately owned lights to ensure public safety, the owner of
the lights may be subject to additional service charges. The additional service charges shall be the
actual cost of performing any work required to perform the necessary maintenance including but not
limited to:
Labor Regular time or overtime labor hourly rates in effect at the time the work is
performed for all personnel performing the work. Labor charges shall be
based on a one (1) hour minimum with all additional time above the
minimum to be measured to the nearest one - quarter hour.
Transportation To be billed by hours or miles, as applicable, according to the estimated cost
of operating the required equipment.
Material Any material needed to repair and /or maintain facilities will be billed at City
of Denton Warehouse cost plus 25 %.
Administrative Fee 10% of the total labor, transportation, and material costs.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
37
SCHEDULE T1
TEMPORARY SERVICE
(Effective 10/01/13)
APPLICATION
Applicable when a Customer requests electric service on a short term or temporary basis where a
customer has received a permit from the City Building Inspections Department. This rate is not
applicable after the certificate of occupancy or building final inspection has been issued.
NET MONTHLY RATE
(1) Facility Charge
Single -Phase
Three -Phase
plus;
(2)
plus;
(3)
MINIMUM BILLING
Energy Charge per billing period
Energy Cost Adjustment Charge
$15.80 /bill
$21.10 /bill
7.32¢ /1<Wh
See Schedule ECA
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single -Phase
Three -Phase
ENERGY CHARGE
Facility Charge
Facility Charge
Billing for the Energy Charge shall be based on actual kWh consumption during the billing period.
Energy Charge = kWh x kWh Rate
TYPE OF SERVICE
The City will supply single -phase service at sixty (60) cycles at a standard secondary voltage
available at the site. Additional contractual arrangements between the City and the Customer,
subject to the Special Facilities Rider, may be required where service of the type desired by the
Customer is not available at the point of service.
ADDITIONAL TEMPORARY SERVICE CHARGES
Labor Regular time or overtime labor hourly rates in effect at the time the
work is performed for all personnel performing the work. Labor
charges shall be based on a one (1) hour minimum with all additional
time above the minimum to be measured to the nearest one - quarter
hour.
Transportation To be billed by hours or miles, as applicable, according to the
estimated cost of operating the required equipment.
Material Material that cannot be salvaged shall be billed at City of Denton
Warehouse cost plus 25 %, plus applicable sales tax. At the time a
temporary service is removed or converted, any loss of the installed
material due to negligence or willful action by the Customer will be
billed separately to the Customer at replacement cost plus 25 %, plus
applicable sales tax.
Administrative Fee 10% of the total labor, transportation, and material costs.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
39
SCHEDULE EGR
ECONOMIC GROWTH RIDER
(Effective 10/01/13)
P1 TRPOQF.
The purpose of this rider is to facilitate local economic growth and expand the ad valorem tax base
of the City of Denton.
AVAILABILITY
This rider is available to the Customers who:
(1) Receive service from Rate Schedules GSL or TGS; and
(2) Pay City of Denton ad valorem tax; and
(3) Receive no electric service discounts other than those specifically defined in the
GSL or TGS rate schedules.
APPLICATION
This rider is available to electric service supplied at any one location. It is for firm electric service
applicable to new and existing Customers as described below, over a five (5) year period. This rider
is available to the following classes of Customers:
(1) New customers whose electric service represents demand not previously served by
the City at any location in the City's service area in the last twelve (12) months,
where such metered demand will be in excess of 1,000 WA, as estimated and
mutually agreed upon by the DME General Manager and the customer.
(2) Existing customers served under Rate Schedules GSL or TGS who increase their
prior existing metered demand by 1,000 kVA. This increase shall be verified by
sub - metering (at the Customers expense) the additional load. If sub - metering is not
possible, at the discretion of the General Manager, the increase may be verified by
comparing a three -month rolling average of the new level of demand to the prior
demand averaged for corresponding months. During periods in which this
verification method cannot be applied, the General Manager and the Customer may
develop a mutually agreed -upon formula to estimate the base and additional demand
levels.
In light of additional costs associated with the Economic Growth Rider and to mitigate potential
risk to ratepayers, any participant in the Economic Growth Rider must be, at the time this rider is
applied for and continuing while such rider is in effect, a customer in good standing of all Denton
WO
Municipal Utilities, including Solid Waste services. Unless legal review procedures have been
invoked in good faith regarding the obligation, a customer in good standing for the purpose of this
Rate Rider is defined as a customer not owing any unpaid utility or solid waste debt obligation that
is over forty -five (45) days past due to the City of Denton, Texas during the previous 12 months.
NET MONTHLY RATE
The Customer shall be charged under the appropriate applicable rate schedules with the exception
that the monthly billing demand (for GSL) or system demand and on -peak demand (for TGS) will
be adjusted in accordance with the following table:
Time Period
First Year
Second Year
Third Year
Fourth Year
Fifth Year
CONTRACT PERIOD
Reduction to Billing Demand
50%
40%
30%
20%
10%
The term of the contract will be for five (5) years.
:N
SCHEDULE GRP
GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM
(Effective 10/01/13)
PROGRAM SUMMARY
The objective of the GreenSense Energy Efficiency Rebate Program ( "Program ") is to reduce
energy demand and consumption by promoting energy conservation, thereby reducing the utility
bills of Denton Municipal Electric (DME) customers, reducing the peak load of the DME's electric
system, reducing emissions in the state, and promoting energy conservation. The Program offers
incentives, in the form of rebates on the electric service bills of DME retail customers and cash
incentives to builders. Cash incentives may be paid to residential retail customers for the
installation of photovoltaic applications.
In light of additional costs associated with the GreenSense Energy Efficiency Rebate Program and
to mitigate potential risk to ratepayers, any participant in the GreenSense Energy Efficiency Rebate
Program must be, at the time this program is applied for and continuing while such program is in
effect, a customer in good standing of all Denton Municipal Utilities, including Solid Waste
services. Unless legal review procedures have been invoked in good faith regarding the obligation,
a customer in good standing for the purpose of this Rate Rider is defined as a customer not owing
any unpaid utility or solid waste debt obligation that is over forty -five (45) days past due to the City
of Denton, Texas during the previous 12 months.
Program applicants will be able to qualify for multiple incentives simultaneously. A separate
application may be necessary for each incentive. The Program will be in effect each fiscal year
beginning on October 1, until the allotted funding is depleted or until cancellation of the program by
DME. At the time the funds are depleted, no additional applications for participation will be
accepted until the next fiscal year.
Qualifying applicants must receive electric service from DME. The Program guidelines and
payments are subject to change by DME without prior notice. DME may, at any time,
discontinue the Program without prior notice. The current program guidelines may be found in
the GreenSense Energy Efficiency Rebate Program Manual located at www.dmepower.com.
42
SCHEDULE ECA
ENERGY COST ADJUSTMENT
(Effective 10/01/13)
The Energy Cost Adjustment (ECA) rate shall be set by the Public Utilities Board (PUB). The ECA
rate shall be reviewed on a monthly basis and adjusted as defined below to recover the variable cost
of energy delivered to customers. Variable energy cost includes the variable cost of Texas Municipal
Power Agency (TMPA) energy (excluding the portion of TMPA's energy charge associated with
fixed costs), the variable cost of purchased energy (excluding demand payments or fees for services),
and fuel costs.
ENERGY COST ADJUSTMENT BALANCING ACCOUNT CALCULATION
The ECA Balancing Account shall be calculated using the following formula:
Where:
ECA Balancing Account = (Actual plus Projected ECA revenue) — (Projected Energy Cost)
Projected Energy Cost = (Actual plus Projected cumulative cost of fuel) + (Actual plus
Projected cumulative variable cost of TMPA energy) + (Actual plus
Projected cumulative variable purchased energy cost).
The General Manager, Denton Municipal Electric (DME) or his /her designee shall calculate the ECA
Balancing Account balance monthly. In the event that the ECA Balancing Account balance
calculated during the last month of each fiscal quarter (December, March, June, and September) is
greater than or less than zero dollars ($0) by $5,000,000 or more during the next quarter, the General
Manager, DME or his /her designee shall recommend to the PUB an ECA rate adjustment sufficient to
recover /return any under /over collection, and maintain DME in a financially sound position. The
PUB shall consider that recommendation and may adjust the ECA rate for the quarter immediately
following as necessary to maintain DME in a financially sound position.
ENERGY COST ADJUSTMENT CALCULATION
ECA = [(Projected Energy Cost) + (ECA Balancing Account)] / (Projected kWh sales)
ENERGY COST ADJUSTMENT CHARGE
The Energy Cost Adjustment Charge shall be based on actual kWh consumption during the billing
period.
Energy Cost Adjustment Charge = kWh x ECA rate
43
EXTRAORDINARY CIRCUMSTANCE ECA RATE ADJUSTMENT
In the event that the ECA Balancing Account balance calculated for any month is greater than or
less than zero dollars ($0) by $10,000,000 or more during the next month, the General Manager,
DME or his /her designee shall recommend to the PUB an ECA rate adjustment sufficient to
recover /return any under /over collection, and maintain DME in a financially sound position. The
PUB shall consider that recommendation and may adjust the ECA rate for the month immediately
following as necessary to maintain DME in a financially sound position.
SCHEDULE RCA
RENEWABLE COST ADJUSTMENT
(Effective 10/01/13)
The Renewable Cost Adjustment (RCA) rate shall be set by the Public Utilities Board. The RCA rate
shall be reviewed on a quarterly basis and adjusted as defined below to recover the cost of renewable
energy delivered to customers. Renewable energy cost includes the Energy Cost Adjustment Charge
(see Schedule ECA) plus the cost of Renewable Energy Credits (REC) purchased.
RENEWABLE COST ADJUSTMENT BALANCING ACCOUNT CALCULATION
The RCA Balancing Account shall be calculated using the following formula:
Where:
RCA Balancing Account = (Actual plus Projected RCA revenue) — (Projected Renewable
Energy Cost)
Projected Renewable Energy Cost = (Actual plus Projected cumulative ECA cost) + (Actual
plus Projected REC cost)
During the last month of each fiscal year quarter (December, March, June, and September), the DME
General Manager or his /her designee shall calculate the RCA Balancing Account balance. In the
event that the RCA Balancing Account balance calculated during the last month of each fiscal quarter
is greater than zero dollars ($0) by $100,000 or more during the next quarter, the General Manager or
his /her designee shall recommend to the Public Utilities Board an RCA rate adjustment sufficient to
recover /return any under /over collection, and maintain DME in a financially sound position. The
Public Utilities Board shall consider that recommendation and may adjust the RCA rate for the
quarter immediately following.
RENEWABLE COST ADJUSTMENT CALCULATIONy
Where:
RCA = ECA + [(Projected Renewable Energy Cost) / (Projected kWh sales)]
Projected Renewable Energy Cost = Actual + Projected REC cost
45
RENEWABLE COST ADJUSTMENT CHARGE
The Renewable Cost Adjustment Charge shall be based on actual kWh consumption during the
billing period.
Renewable Cost Adjustment Charge = kWh x RCA rate
EXTRAORDINARY CIRCUMSTANCE RCA RATE ADJUSTMENT
In the event that an Extraordinary Circumstance ECA Rate Adjustment is made (see Schedule ECA)
the RCA shall be adjusted concurrently with the Extraordinary Circumstance ECA Rate Adjustment
by substituting the new ECA rate in the Renewable Cost Adjustment Calculation formula above.
M
SCHEDULE DGR
DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER
(Effective 10/01/13)
APPLICATION
This Rider is available to any retail customer receiving electric service under a DME electric rate
schedule who owns and operates an on -site generating system powered by a renewable resource
capable of producing power, and who interconnects with the DME electric system. Renewable
energy technology is any technology that exclusively relies on an energy source that is naturally
regenerated over a short time and derived directly or indirectly from the sun or wind. A
renewable energy technology does not rely on energy resources derived from fossil fuels, waste
products from fossil fuels, or waste products from inorganic sources. This Rider applies to a
Customer -owned generating system that primarily offsets part or all of the Customer's electric
service provided by DME. If the Customer -owned generating system larger than 50kW or if the
system's primary purpose is to sell energy to the grid and not offset the Customer's consumption,
special arrangements and contract may be necessary.
In light of additional costs associated with the Distributed Generation From Renewable Sources
Rider and to mitigate potential risk to ratepayers, any participant in the Distributed Generation
From Renewable Sources Rider must be, at the time this rider is applied for and continuing while
such rider is in effect, a customer in good standing of all Denton Municipal Utilities, including Solid
Waste services. Unless legal review procedures have been invoked in good faith regarding the
obligation, a customer in good standing for the purpose of this Rate Rider is defined as a customer
not owing any unpaid utility or solid waste debt obligation that is over forty -five (45) days past due
to the City of Denton, Texas during the previous 12 months.
CONDITIONS OF SERVICE
All charges, character of service, and terms and conditions of the electric rate schedule under
which the Customer receives service shall apply except as expressly altered by this Rider.
The Customer shall comply with the current DME technical requirements for distributed
generation interconnection. The Customer shall obtain approval from DME before the Customer
energizes the customer's on -site generating system or interconnects it with the DME electric
system. The Customer shall submit to DME a completed interconnection application form and
signed Standard Agreement for Interconnection and Parallel Operation of Distributed Generation
Agreement. The minimum term of an Agreement under this Rider is one year, extended
automatically unless terminated by either party with sixty days advance written notice
The Customer is responsible for the costs of interconnecting with the DME electric system,
including transformers, service lines, or other equipment determined necessary by DME for safe
installation and operation of the Customer's equipment with the City's system. The Customer is
responsible for any costs associated with required inspections and permits.
47
MTTRRWCT
Metering under this Rider shall be performed by a single meter capable of registering the flow of
electricity in two directions (delivered and received) to determine the Customer's net energy
flow.
RATE
Beginning in a billing period after a Customer receives approval to interconnect the Customer's
on -site generating system from the City of Denton, all energy generated by the Customer's
system and delivered to the DME electric system will be considered renewable energy. The
Customer shall be billed for all energy delivered by DME to the Customer under the approved
residential rates.
For any generation delivered by the Customer's system to the DME system up to the amount of
energy delivered by DME to the Customer, the City shall credit the Customer's account for the
energy generated as follows:
Generation Credit = [(kWh delivered from the Customer's approved system)
x (Customer's base electric service rate)] + [(kWh delivered from the
Customer's approved system) x (RCA rate)]
For all energy delivered by the Customer's system to the DME system that exceeds the amount
of energy delivered by DME to the Customer, the City shall credit the Customer's account for
the energy generated as follows:
Excess Generation Credit = (kWh delivered from the Customer's system)
x RCA rate (see Schedule RCA).
Any Billing Period Credit shall be applied to the utility charges due from the Customer to the
City of Denton for the billing period.
INDEMNIFICATION
The Customer operating the renewable distributed generation system indemnifies DME and
holds DME harmless for all damages and injuries to DME, the Customer, or others arising out of
Customer's use, ownership or operation of Customer's distributed generation facilities in parallel
with DME's system. Customer is solely responsible for providing adequate protection for
operating in parallel with DME's system in such a manner that faults or other disturbances on the
DME system do not cause damage to the Customer's distributed generation equipment.
.•
SCHEDULE IWG
INDEPENDENT WHOLESALE GENERATOR
(Effective 10/01/13)
APPLICATION
The Independent Wholesale Generator (IWG) rate is applicable to non - renewable generating
installations of ten (10) MW or less interconnected to and operating in parallel with DME's
distribution system, for the sole purpose of delivering the net output (gross output minus
auxiliary load and step up transformer loses) of said generating installation to the Electric
Reliability Council of Texas ( ERCOT) transmission grid for sale in the ERCOT wholesale power
market. DME will interconnect the IWG pursuant to the terms of the DME standard Agreement
for Interconnection and Parallel Operation of Independent Wholesale Generation. Other services
or special requirements for interconnection of a specific generating facility not included in the
DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale
Generation, requested by the IWG Customer, or required by DME may be provided pursuant to
negotiation and agreement by both the IWG Customer and DME. The provision of said
additional services or requirements shall be recorded in the form of an addendum to the DME
standard Agreement for Interconnection and Parallel Operation of Independent Wholesale
Generation.
TERMS AND CONDITIONS OF SERVICE
At a minimum, the IWG Customer shall comply with the current DME technical requirements
for independent wholesale generation interconnection specified in the DME standard Agreement
for Interconnection and Parallel Operation of Distributed Generation. The IWG Customer may
not begin construction of its facilities until an Agreement for Interconnection and Parallel
Operation of Distributed Generation has been signed by both the IWG Customer and the City of
Denton. The IWG Customer shall obtain approval from DME before the IWG Customer begins
operation of its generating system or interconnects it with the DME electric system. The IWG
Customer is responsible for any costs associated with required City of Denton and /or DME
inspections and permits.
PRE - INTERCONNECTION STUDIES
DME may, at its sole discretion perform pre- interconnection studies DME or the City of Denton
deems appropriate, which may include, but are not restricted to, a service study, coordination
study, emissions impact study, and utility system impact study. In instances where such studies
are deemed necessary, the scope of such studies shall be based on the characteristics of the
particular IWG generation system to be interconnected, DME's distribution system at the
specified proposed location(s), and environmental characteristics of the Denton County area.
Such studies will also determine whether the electric interconnection can be made consistent
with safe and reliable operation of DME's distribution system. The cost of such analysis will be
the responsibility of the IWG Customer. A cost estimate will be provided and agreed to by the
IWG Customer prior to DME or the City performing the studies.
49
SYSTEM MODIFICATIONS
The IWG Customer will be required to install, operate, and maintain in good order and repair,
and without cost to DME, all facilities required by DME for the safe operation of the IWG
system in parallel with DME's electric system. The IWG Customer's IWG system shall be
installed, operated, and maintained by the IWG Customer at all times in conformity with good
electrical practice and shall comply with the National Electric Code, the National Electric Safety
Code, any applicable local codes and any applicable DME service standards included in the
DME Agreement for Interconnection and Parallel Operation of Independent Wholesale
Generation
Any modifications or additions to DME's electrical system caused by the addition of the
Customer's IWG system will be solely at the IWG Customer's expense. However, the IWG
Customer will not acquire any ownership in these facilities. The modifications and additions
may include, but are not restricted to, the upgrading of transformer insulation levels and
lightening arrester ratings, the replacement of circuit breakers due to increased fault current
levels, additional protective relaying and any additional metering. Further, DME may require
that a communications channel(s) be installed at the IWG Customer's expense as part of the
relay protection, remote control, remote metering, SCADA telemetry, and /or direct voice contact
between DME and the IWG Customer.
RATE
The IWG Customer shall be subject to special contract arrangements and the rates charges to the
Customer may consist of a minimum monthly Facility Charge plus a monthly distribution charge
plus a monthly distribution line loss charge. These charges shall be calculated as follows:
Monthly Facility Charge:
The IWG Customer shall pay DME a monthly facility charge sufficient to
compensate DME for its investment in special facilities dedicated exclusively to
providing the IWG Customer service and /or that are necessary to ensure that the
quality of service provided to other customers is not adversely affected pursuant
to the requirements of the SYSTEM MODIFICATION provisions set forth above.
The minimum monthly facility charge shall be $65.55.
Distribution Delivery Charge:
The IWG Customer shall pay DME a monthly distribution delivery charge equal
to $2.06 times the IWG Customer's delivery demand. The IWG Customer's
delivery demand shall be the greatest of the IWG Customer's maximum 15
minute net capacity output as measured at the IWG Customer's IWG site, the
minimum billing kW shall be as established in the DME Agreement for
Interconnection and Parallel Operation of Independent Wholesale Generation, or
1,500 kW.
50
Distribution Line Loss Charge:
The IWG Customer shall pay DME a monthly distribution line loss charge equal to
the applicable monthly Energy Cost Adjustment (ECA) charge (see schedule ECA)
times monthly energy losses. Monthly energy losses shall be calculated as the
metered monthly kilowatt -hour output of the IWG Customer's IWG generating
unit(s) as measured at the IWG Customer's IWG site times five (5.0) percent.
Generator Auxiliary Load Standby Charge:
The IWG Customer shall pay the DME General Service Large rate for any electric
service used by the IWG Customer to serve generator auxiliary load as a result of
demand and energy requirements placed upon DME resulting from planned or
forced outage of the IWG Customer's IWG generation unit(s).
Electric Service to Structures and Other Facilities Other than Generator Auxiliary Load:
All charges, character of service, and terms and conditions of the applicable City of
Denton electric rate schedule(s) under which the IWG Customer receives DME
electric service for structures or other facilities not specifically supplying auxiliary
service directly to its generating unit(s) shall apply except as expressly altered by this
Rider.
51
SCHEDULE CGR
COMMERCIAL RENEWABLE ENERGY SERVICE RIDER
(Effective 10/01/13)
This Rider defines the manner by which commercial customers may purchase predetermined
1000 kWh blocks of energy or 100% of actual energy consumption from renewable resources by
substituting the Renewable Cost Adjustment Charge (see Schedule RCA) in lieu of the Energy
Cost Adjustment (see Schedule ECA) specified in their applicable rate Schedule.
APPLICATION
This Rider is applicable to any non - residential Customer receiving service under rate schedules
GSS, GSM, GSL, G1, TGS, or WK at one point of delivery and measured through one meter.
This Rider is not applicable to resale service in any event, or to temporary, standby, or
supplementary service.
In light of additional costs associated with the Commercial Renewable Energy Service Rider and
to mitigate potential risk to ratepayers, any participant in the Distributed Commercial Renewable
Energy Service Rider must be, at the time this rider is applied for and continuing while such rider is
in effect, a customer in good standing of all Denton Municipal Utilities, including Solid Waste
services. Unless legal review procedures have been invoked in good faith regarding the obligation,
a customer in good standing for the purpose of this Rate Rider is defined as a customer not owing
any unpaid utility or solid waste debt obligation that is over forty -five (45) days past due to the City
of Denton, Texas during the previous 12 months.
NET MONTHLY RATE .
A customer eligible for service under this Rider may elect to purchase renewable energy at the
Renewable Cost Adjustment Charge, determined in accordance with Schedule RCA. Said customer
may elect to purchase 1000 kWh blocks of energy at the RCA rate, with the remainder of the
customer's energy use charged at the ECA rate or to purchase all energy used at the RCA rate. All
other charges contained in the customer's applicable rate Schedule shall continue to apply, as
specified in said Schedule. Said customer's energy charge shall be calculated as follows.
Either:
Total Energy Charge = [(Y x 1000 kWh) x RCA] + { [(Total Energy Used) - (Y x 1000 kWh)] x
ECA}
Where:
Customer has elected to purchase a portion of its energy consumption at the RCA and:
Y= Number of 1000 kWh RCA blocks elected by said customer
52
Ism
Total Energy Charge = Total Energy Used x RCA
Where:
Customer has elected to purchase its entire energy consumption at the RCA
TERMS OF SERVICE
To exercise the energy supply choice made available by this Rider, an eligible customer must enter
into a separate written agreement with Denton Municipal Electric that specifies either a specific
number of 1000 kWh energy blocks to be purchased at the Renewable Cost Adjustment Charge or
specifies that 100% of said customer's monthly energy consumption is to be purchased at the
Renewable Cost Adjustment Charge. The minimum term for a Schedule CGR agreement shall be
12 months.
This Rider replaces the Energy Cost Adjustment Charge for participating customers.
53
SCHEDULE SFR
SPECIAL FACILITIES RIDER
(Effective 10/01/13)
(1) All service shall be offered from available facilities. If a customer service characteristic
requires facilities and devices not normally and readily available at the location which the
customer requests service, the total cost incurred by DME for all facilities installed, buried,
relocated and/or removed shall be the responsibility of the Customer and subject to a special
contract entered into between DME and the Customer. This contract shall be signed by both
parties prior to the DME providing service to the Customer.
(2) Billing for services beyond the delivery of electricity, utilized by the Customer, may be
subject to a special contract entered into between DME and the Customer. This contract
shall be signed by both parties prior to DME providing service to Customer.
54
SCHEDULE DFR
DARK FIBER
(Effective 10/01/13)
APPLICATION
Service is available to any customer to the extent there is any excess capacity respecting Denton
Municipal Electric's fiber optic cable facilities, within the area served by Denton Municipal
Electric's ( "DME ") distribution system, for the purpose of point -to -point dark fiber optic cable
connectivity intended for the transport of high -speed data.
MONTHLY RATE
(1) Fiber Mileage Charge $400 per fiber pair /mile, per month; and
(2) Building Presence Charge $180 per location, per month
Total Fiber Rate $580 per fiber pair /mile, per month, per location
RATE GUIDELIlVES
(1) The minimum quantity of fiber to be leased shall be one (1) fiber pair. All fiber pairs
furnished to the customer shall consist of two (2) fibers.
(2) The minimum Fiber Mileage Charge is for one (1) fiber pair /mile.
(3) After the first mile, Fiber Mileage Charge will be charged in increments of the nearest
one -tenth (0.1) mile.
(4) All costs associated with ingress to a customer's location from the DME right -of -way
shall be billed directly to the customer, and are not included in the Fiber Mileage
Charge and the Building Presence Charge and shall be paid to Denton Municipal
Electric within fifteen (15) calendar days from the date of issuance of the bill.
(5) The Fiber Mileage Charge calculation is based upon the actual fiber pair distance
along the DME distribution system rights -of -way. The Fiber Mileage Charge is not
based upon any other method of calculation. The Fiber Mileage Charge is not based
upon any distance determination, such as the distance the crow flies, or from point -to-
point.
(6) The Fiber Mileage Charge distance shall be capped at two (2) times the direct point -to-
point distance.
DISCOUNTS
Special discounts will be applied for fiber pairs to the same location, and for fiber pairs for long -
tenn contracts in the amounts as shown in the table below. The discount applicable to a customer
shall not be a cumulative total of all the discounts offered. The discount any customer is entitled to
shall be the largest single discount applicable to that customer's service.
55
Discount Type
Discount
Discount Type
Discount
Term of Lease
%
Number of Fibers
%
5 -7 Years
30%
1 -2 Fibers /Mileage Charge
0%
8 -10 Years
45%
3 -6 Fibers/ Mileage
Charge
9.7%
7 -12 Fibers /Mileage Charge
19%
12 or more Fibers /Mileage
Charge
28.7%
TYPE OF SERVICE
The City shall furnish, install, maintain, and deliver only point -to -point dark fiber connectivity for
the purpose of transporting high -speed data with a maximum loss of no more than 9.0 dB.
PAYMENT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from
date of issuance.
TERM OF LEASE CONTRACT
All dark fiber lease contracts shall be for a minimum term of five (5) years.
56
SECTION 2. The Assistant City Manager for Utilities is hereby authorized to expend
funds to issue rebates to electric utility customers in the form and type set forth in Schedule
GRP, as the installation of energy efficient upgrades is in the best interest of the City of Denton,
Texas, as such will reduce energy demand and consumption, reduce the peak load of the DME's
electric system, reduce emissions in the state, and promote energy conservation, which are public
purposes of the City.
SECTION 3. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 5. This ordinance and the rates herein adopted shall become effective, charged,
and applied to all electric services rendered by Denton Municipal Electric, and all energy usage by
customers of Denton Municipal Electric effective with the first billing issued on and after October 1,
2013; and a copy of said rates shall be maintained on file in the Office of the City Secretary of the
City of Denton, Texas.
PASSED AND APPROVED this the day of , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
am
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
57
MARK A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Utilities Administration
ACM: Howard Martin, 349 -8232 16.1—.
SUBJECT
Consider adoption of an ordinance amending the schedule of engineering fees contained in
Ordinance No. 2012 -210; providing a repealer; providing for a severability clause; and providing
for an effective date. (The Public Utilities Board recommends approval 6 -0).
BACKGROUND
Proposed FY 2013 -2014 Utilities budgets and CIP's were presented to and approved by the
Public Utilities Board ( "PUB ") during May through July, 2013. The Engineering Fees rate
ordinance was recommended for approval by the PUB on July 22, 2013 by a vote of 6 -0. The
budgets, including draft rate ordinances, were presented to the City Council for review on
August 1, 2013. The Engineering Fees rate ordinance is scheduled for adoption on September
17, 2013. The proposed Engineering Fees rate ordinance is designed to recover the cost of
service for the services rendered and to provide a positive or break -even net income.
The proposed schedule of Engineering Fees has no changes from Ordinance No. 2012 -210.
FISCAL SUMMARY
The rates and charges included in the Engineering Fees rate ordinance provide the revenues
necessary to cover the cost of service to customers.
RECOMMENDATION
Staff recommends approval of the proposed Engineering Fees rate ordinance and recommends
that the City Council adopt this ordinance effective October 1, 2013.
EXHIBIT
1. FY 2013 -2014 Engineering Fee rate ordinance
Respectfully submitted:
Jim Coulter, Director Water and Wastewater Utilities
EXHIBIT 1
s:Alegal \our documents \ordinances \13\2013 -14 engineering fee ordinance.doc
ORDINANCE NO —2013-
AN ORDINANCE AMENDING THE SCHEDULE OF ENGINEERING FEES CONTAINED
IN ORDINANCE NO. 2012 -210; PROVIDING A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas incurs administrative expenses in providing
inspection services for public improvements which are constructed by developers, and should be
properly borne as fees by developers; and
WHEREAS, when contractors or utilities perform work within City of Denton right -of-
way, the City incurs right -of -way inspection and administrative expenses, which should be
properly borne as fees by the contractor or utility requesting services; and
WHEREAS, when commercial establishments require loading zones, or parking lots, or
commercial establishments file variances or appeals to the Traffic Safety Commission regarding
the proper traffic flow and safety, the City of Denton thereby incurs inspection and
administrative expenses, which should be borne as fees to the commercial establishment seeking
the City action; and
WHEREAS, the City Council finds that such fees as are recited herein bear a reasonable
relationship to the actual administrative costs and expenses incurred by the City of Denton to
conduct such inspections, and that the following ordinance should be enacted; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. That a public works inspection fee is hereby established in an amount
equal to 3.5% of the cost to construct public improvements by developers. This inspection fee
must be paid to the City by the developer of such development prior to the City's authorization
to proceed with construction of the public improvements. The cost to construct the public
improvements is the cost set forth in the public improvements agreement by and between the
City and the developer. The inspection fee covers inspection services by the City for weekdays,
Monday through Friday from 8:00 a.m. to 5:00 p.m. Should the developer request inspection
during any other time period including weekends, an additional overtime fee (the "Overtime
Fee ") shall be paid to the city based upon the following hourly rate:
$135.00 per hour as of and after the effective date of this ordinance.
A minimum Overtime Fee shall be deposited with the City based upon four hours, at least 24
hours before the overtime inspection is scheduled to start; except that the weekend overtime
deposit may be received on or before 12:00 p.m. of the Friday immediately preceding the
weekend overtime period. If there are more than four overtime inspection hours, developer will
be billed for such additional hours, which shall be paid no later than fifteen (15) days after the
date of the billing, and prior to incurring additional overtime inspections. Authorization to
proceed with construction of the public improvements will be withheld until all outstanding
inspection fees owing the City are paid in full.
SECTION 3. A right -of -way inspection fee is hereby established in an amount equal to
$100.00 per hour, with a minimum of one hour for each inspection conducted. The inspection
fee covers inspection services by the City for weekdays, Monday through Friday from 8:00 a.m.
to 5:00 p.m. Should the developer request inspection during any other time period including
weekends, an overtime fee (the "Overtime Fee ") shall be paid to the city at a rate of $135.00 per
hour. The right -of -way inspection fee will be invoiced monthly and must be paid to the City by
the contractor or utility undertaking construction or repairs with the City right -of -way no later
than fifteen (15) days after the date of the invoice. Authorization to proceed with construction of
the public improvements will be withheld until all outstanding inspection fees owing the City are
paid in full. Failure to pay the fee in full may result in the City terminating the contractor's or
utility's right to work within the City right -of -way.
SECTION 4. A parking lot permit inspection fee is to be paid to the City of Denton, and
is hereby established in an amount equal the following:
Parking lot permit fees
1 — 50 spaces $540.00
51 — 100 spaces $720.00
101 — 250 spaces $900.00
251 — 500 spaces $1,080.00
This parking lot permit inspection fee must be paid to the City by the developer or contractor of
such facility prior to the City's authorization to proceed with construction of the parking lot
facilities.
SECTION 5. A fee for appeals or for variances to the City of Denton Traffic Safety
Commission is to be paid by the Applicant to the City of Denton, and is as follows:
Fees for appeals or variances to Traffic Safety Commission
Fee per appeal or variance $300.00
SECTION 6: A loading zone permit fee is to be paid by the Applicant to the City of
Denton and is hereby established in the following amounts:
1. A single loading zone shall be a fee of $175.00 per year
2. A double loading zone shall be a fee of $350.00 per year
Pj
That any renewal of a loading zone permit shall require the payment by the
Applicant to the City of Denton and is hereby established in the following amounts:
1. A single loading zone shall be a fee of $175.00 per year
2. A double loading zone shall be a fee of $350.00 per year
SECTION 7: All ordinances or parts of ordinances in force when the provisions of this
ordinance becomes effective which are inconsistent or in conflict with the terms or provisions
contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed
to the extent of any such conflict.
SECTION 8: If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 9: The Schedule of Rates herein adopted shall be effective, charged, and
applied to all engineering services occurring on and after October 1, 2013; and a copy of said
rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton,
Texas.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
3
MARK A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Utilities Administration
ACM: Howard Martin, 349 -8232 16.1—.
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of
miscellaneous fees, deposits, billings and procedures for administrative services to city utilities
customers contained in Ordinance No. 2012 -211; amend meter reconnection process charge;
providing for a repealer; providing for a severability clause; and providing for an effective date
(The Public Utilities Board recommends approval 6 -0).
BACKGROUND
The proposed miscellaneous fees, deposits, billings, and procedures for administration services
schedule is designed to recover the cost of service and provide a positive or break -even net
income. The proposed schedule includes an amendment to the meter reconnection and process
charge section.
PRIOR ACTION/REVIEW
Proposed FY 2013 -2014 Utilities budgets and CIP's were presented to and approved by the
Public Utilities Board ( "PUB ") during May through July, 2013. The miscellaneous rate
ordinance was approved by the PUB on July 22, 2013 by a vote of 6 -0. The budget, along with
the draft miscellaneous rate ordinance, was submitted to the City Council for review on August
1, 2013. It is scheduled for adoption by the Council on September 17, 2013.
FISCAL SUMMARY
The rates and charges included in the miscellaneous rate ordinance provide the revenue
necessary to recover the cost of service to customers.
RECOMMENDATION
Staff recommends approval of the proposed miscellaneous rates ordinance, and requests that the
ordinance become effective October 1, 2013.
EXHIBITS
1. Proposed FY 2013 -14 Miscellaneous Fees, Charges, and Deposits Ordinance
Respectfully submitted:
Howard Martin
Assistant City Manager /Utilities
EXHIBIT 1
sAlegal \our documents\ ordinances \13\2013 -2014 miscellaneous rate ordinance.doc
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES
FOR ADMINISTRATIVE SERVICES TO CITY UTILITIES CUSTOMERS CONTAINED IN
ORDINANCE NO. 2012 -211; AMEND METER RECONNECTION PROCESS CHARGE;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the schedule of charges for general utility services as generally
provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton
customers and taxpayers, are hereby established as follows:
SERVICE CHARGES AND PROCEDURES SCHEDULES
A. ACCOUNT CONNECTION AND RECONNECTION CHARGES PAGE
Meter Connection Charge 3
Meter Reconnection Process Charge 3
Unauthorized Usage Penalty 4
New Customer Application Charge 4
B. METER CHARGES
Meter Reading 5
Meter Testing 5
Meter Tampering and /or Damage Charge 5
Meter Inaccessibility Charge 6
C. MISCELLANEOUS FEES CHARGES AND DEPOSITS
Returned Payment Charge 7
Service Deposits 7
Waiver of Service Deposits 8
Late Payment Charge Due on Delinquent Balances
Interest Charge on Past Due Account Balance
Interest Earned on Contract Retainage
ACCOUNT CONNECTION AND RECONNECTION PROCESS CHARGES
(Effective 10/01/13)
For the purposes of this rate schedule, business hours shall be defined as Monday through
Friday, 8:00 AM to 5:00 PM.
METER CONNECTION CHARGE
APPLICATIO
Applicable when a customer requests service on a first time basis where no permanent service
previously existed and where a new account number is established or, when a customer requests
service at an address which has existing or previous service, with an existing account number
and history, and the electric and /or water meter must be installed or activated for readiness.
CHARGE
First Service Requested $23.00
First Service Requested, guaranteed $61.00
same day service
First Service Requested, after $61.00
business hours
METER RECONNECTION PROCESS CHARGE
APPLICATIO
Applicable when a customer's account is processed for disconnection due to nonpayment.
CHARGE
Delinquent Service Fee $46.00
(When service is disconnected at the electric meter socket or the water meter)
Delinquent Service Fee $168.00
(When a service truck is required or the water meter has been removed)
Reconnect Charge, guaranteed same day service
(In addition to delinquent
service fees) $61.00
3
Reconnect Charge, guaranteed same day service
(When a service truck is required
or the water meter has been removed) $231.00
When more than one trip, within twenty -four (24) hours, is required to restore a customer's
service, a Return Trip Charge, in addition to the Reconnection Charge, shall be applied for each
additional trip.
Return Trip Charge during business hours $23.00
Return Trip Charge after business hours $61.00
UNAUTHORIZED USAGE PENALTY
APPLICATION
Applicable to any customer that fails to request connection of services within 24 hours of
occupancy in a new service location.
C PARCITF
Unauthorized Usage Penalty $30.00
NEW CUSTOMER APPLICATION FEE
APPLICATION
Applicable when a customer requests new service or is added to an existing account and provides
Social Security or Tax ID information to verify identity and credit history.
CHARGE
New Residential Customer Application Charge - per person $3.00
New Commercial Customer Application Charge $16.00
11
METER CHARGES
(Effective 10/01/13)
METER READING
APPLICATION
Applicable to any electric or water utility customer who requests a reading of a city meter due to
a contested billing more than twice in the previous twelve (12) months, and no error is found.
CHARGE
Per Additional Reading
METER TESTING
APPLICATION
$46.00
Applicable to any customer who requests the testing of a city meter previously tested within the
past four (4) years and the meter is found to be within accuracy standards.
CHARGE
Per Test
ACCURACYSTANDARDS
$62.00 /KWH Electric Meter
$93.00 /KW /KWH Electric Meter
$93.00 Water Meter
A meter is defined as within accuracy standards when found to be plus or minus two percent
(2 %) or less.
METER TAMPERING AND /OR DAMAGE CHARGE
APPLICATION
Applicable to any person that tampers with, damages, or illegally connects to a city electric,
water, or wastewater utility system.
CHARGE
Per Event $310.00 minimum per electric connection per
system
Per Event $200.00 minimum per water connection per system
5
METER INACCESSIBILITY CHARGE
APPLICATION
Applicable to any customer who prevents the regular and routine reading, maintenance, repair or
removal of any city meter due to inaccessibility of the meter.
CHARGE
Per event
rol
$46.00
MISCELLANEOUS FEES CHARGES AND DEPOSITS
(Effective 10/01/13)
RETURNED PAYMENT CHARGE
APPLICATIO
Applicable when a customer's or taxpayer's check, or money order, or bank draft for payment of
fees, fines, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank
and returned to the City of Denton unpaid.
CHARGE
Per Check
SERVICE DEPOSITS
APPLICATION
$27.00
Applicable when a residential customer requests utility service in the City of Denton service area
and does not have twelve (12) months of good credit standing with the City of Denton or
demonstrates a passing credit rating through an external credit reporting agency.
Applicable when a commercial customer does not have twenty -four (24) months of good credit
standing with the City of Denton or demonstrates a passing credit rating through an external
credit reporting agency. Not applicable when a commercial customer provides an irrevocable
letter of credit to the City of Denton as security for payment.
CHARGE
Residential Customer
An amount up to 1/6 of the last 12 months of
billing at the service location. If utility
service is disconnected for non - payment or
the account is consistently past due, then the
customer will be required to pay a deposit
sum up to 1/6 of the last 12 months of
billing at the service location.
Commercial Customer An amount up to 1/6 of the last 12 months of
billing at the service location. If utility
service is disconnected for non - payment or
the account is consistently past due, then the
customer will be required to pay a deposit
sum up to 1/6 of the last 12 months of
billing at the service location.
Deposits will earn interest for the customer. The applicable rate of interest will be adjusted
semi - annually to equal the rate of a one -year United States Treasury Note on October 1 and
7
SECTION 2. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective, charged, and applied to all
services occurring on and after October 1, 2013; and a copy of said fees and charges shall be
maintained on file in the Office of the City Secretary of Denton, Texas.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:.
10
MARK A. BURROUGHS, MAYOR
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Utilities Administration
ACM: Howard Martin, Utilities, 349 -8232 �.
SUBJECT
Consider adoption of an ordinance amending the schedule of wastewater rates contained in
Ordinance No. 2012 -213; providing for an amendment in the rates for residential wastewater
service (Schedule SR); amending the mobile home park wastewater service (Schedule SMH);
amending the commercial and industrial wastewater service (Schedule SC); amending the
commercial /industrial wastewater service which measures with dedicated water meters (sub -
meters) (Schedule SCD); amending the commercial /industrial wastewater service which
measures with dedicated water meters (sub - meters) (Schedule SCS); amending the septage &
chemical toilet disposal at the pecan creek water reclamation plant septage transfer station
(Schedule SCH); amending the equipment services facilities and restaurant & food service
establishments wastewater service (Schedule SEE); amending the metered wastewater inside and
outside corporate limits (Schedule SM); amending the sale of treated wastewater effluent
(Schedule SGE); amending the wholesale wastewater treatment service (Schedule SSC);
amending the wastewater tap and manhole fees (Schedule ST); amending the collection and
transportation services permit (Schedule SWP); providing for a repealer; providing for a
severability clause; and providing for an effective date. (The Public Utility Board recommends
approval 6 -0).
BACKGROUND
During the budget presentations, the Public Utilities Board ( "PUB ") reviewed the Wastewater
Utility budget and the proposed rate changes that could be implemented to support the proposed
FY 2013 -2014 budget and FY 2014 -2018 CIP. As part of the Wastewater budget discussions,
Wastewater department staff recommended and received PUB direction and approval for a 9%
rate increase, along with steps to align the rates with the recommendations of the Cost of Service
model and updates to the rate design to better align the rate design with industry trends. To
achieve the increase in revenue equivalent to 9% and move towards the recommendations of the
Cost of Service model, staff recommended a multi -step approach. Staff proposed to increase the
percent of water volume used to calculate the wastewater volume for both residential and
commercial, as well as raising facility and volume charges. Currently, wastewater residential
customers' winter average is based on 98% of water for the three winter months of December,
January, and February. Staff proposed to increase this value to 100% of the water volume in
the three winter months. For residential customers without an established winter average,
wastewater volume is currently calculated at 6,500 gallons. Staff proposed to lower the gallons
to 6,000. For Commercial customers, the wastewater volume is currently based on 85% of the
water use. Staff proposed to increase the percentage of water volume to 90 %. The remainder of
the increase comes from increasing facility and volume charges.
AIS — City Council Agenda Item No.
September 11, 2012
Page 2 of 2
The average residential customer using 6,000 gallons would incur the following monthly charge:
Current Proposed Increase
$30.00 $32.25 $2.25
PRIOR ACTION/REVIEW
Proposed FY 2013 -2014 Utilities budgets and CIP's were presented and approved by the Public
Utilities Board ( "PUB ") during May through July, 2013. This rate ordinance was approved by
the PUB on July 22, 2013 by a vote of 6 -0. The budgets, including draft rate ordinances, were
presented to the City Council for review on August 1, 2013. This ordinance is scheduled for
adoption on September 17, 2013.
SUMMARY
The proposed rate revenue increases include steps to align the rates with the recommendations of
the Cost of Service model and include updates to the rate design to bring it more in line with
industry trends. Based on normal volumes, the proposed increases will generate the rate revenue
needed to meet revenue requirements.
FISCAL SUMMARY
The proposed rate increase will provide the revenues necessary to cover the cost of service to
customers.
RECOMMENDATION
Staff recommends approval of the proposed ordinance, with an effective date of October 1, 2013.
EXHIBITS
1. Proposed FY 2013 -2014 Wastewater Rate Ordinance
Respectfully submitted:
Howard Martin
Assistant City Manager /Utilities
EXHIBIT 1
ORDINANCE NO. 2013-
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE NO. 2012 -213; PROVIDING FOR AN AMENDMENT IN
THE RATES FOR RESIDENTIAL WASTEWATER SERVICE (SCHEDULE SR);
AMENDING THE MOBILE HOME PARK WASTEWATER SERVICE (SCHEDULE SMH);
AMENDING THE COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE
(SCHEDULE SC); AMENDING THE COMMERCIAL /INDUSTRIAL WASTEWATER
SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB- METERS)
(SCHEDULE SCD); AMENDING THE COMMERCIAL /INDUSTRIAL WASTEWATER
SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB - METERS)
(SCHEDULE SCS); AMENDING THE SEPTAGE & CHEMICAL TOILET DISPOSAL AT
THE PECAN CREEK WATER RECLAMATION PLANT SEPTAGE TRANSFER STATION
(SCHEDULE SCH); AMENDING THE EQUIPMENT SERVICES FACILITIES AND
RESTAURANT & FOOD SERVICE ESTABLISHMENTS WASTEWATER SERVICE
(SCHEDULE SEE); AMENDING THE METERED WASTEWATER INSIDE AND OUTSIDE
CORPORATE LIMITS (SCHEDULE SM); AMENDING THE SALE OF TREATED
WASTEWATER EFFLUENT (SCHEDULE SGE); AMENDING THE WHOLESALE
WASTEWATER TREATMENT SERVICE (SCHEDULE SSC); AMENDING THE
WASTEWATER TAP AND MANHOLE FEES (SCHEDULE ST); AMENDING THE
COLLECTION AND TRANSPORTATION SERVICES PERMIT (SCHEDULE SWP);
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Rate Schedules for wastewater service as provided for in Chapter 26 of the
Code of Ordinances, are amended to read as follows:
WASTEWATER RATE SCHEDULES
SR Residential Wastewater Service
SMH Mobile Home Park Wastewater Service
9
on
SC Commercial and Industrial Wastewater Service 9
SCD Commercial/Industrial Wastewater Service Which Measures With 13
Dedicated Water Meters (Sub- meters); Water For Wastewater Billing
SCS Commercial /Industrial Wastewater Service Which Measures With 15
Dedicated Water Meters (Sub- meters); Water Excluded From Wastewater Billing
SCH Septage & Chemical Toilet Disposal at the Pecan Creek Water 17
Reclamation Plant Septage Transfer Station
SEE
Equipment Services Facilities and Restaurants & Food
19
Service Establishments Wastewater Service
SM
Metered Wastewater Inside and Outside Corporate Limits
22
SGE
Sale of Treated Wastewater Effluent
24
SSC
Wholesale Wastewater Treatment Service for a
26
Governmental Agency, Division or Subdivision
CWM
DYNO Dirt Products
28
GBL
Grass, Brush, and Leaves
30
ST
Wastewater Tap and Manhole Fees
31
STE
Treated Effluent Wastewater Tap Fees
32
OSSF
On -Site Sewage Facility Permit Fees
33
SWP
Collection and Transportation Services Permit
34
SD
Storm Drainage Fees
39
Special Facilities Rider
41
Special Conditions Rider
41
2
SCHEDULE SR
RESIDENTIAL WASTEWATER SERVICE
(Effective 10/01/13)
APPLICATION
Applicable for single - family residential service, and individually metered apartments or mobile
homes or multi- family facilities with less than four (4) units. Also applicable for wastewater service
without City of Denton, Texas water service.
Not applicable for sub - billing or other utility billing by service user in any event.
MONTHLY RATES (SR) - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $9.75 /bill
(2) Volume Charge $3.75/1,000 gallons effluent
MONTHLY RATES (SRO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON.
WATER SERVICE
(1) Facility Charge $11.15/bill
(2) Volume Charge $4.35/1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current
winter Average Daily Usage, established annually during the previous billing months of December
through February, and based upon 100% of actual water consumption during those months. The
average daily usage may be calculated using as few as two months. The Average Daily Usage thus
calculated establishes the wastewater volume charge for each subsequent month, through the
following February. The calculated wastewater billed volumes will be capped at a maximum of
18,000 gallons/bill.
For customers without an established winter Average Daily Usage water consumption billing
history derived from the preceding billing months of December through February, wastewater
volume for each billing month through the following February shall be calculated at 100% of 6,000
gallons.
MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE
Facility Charge
VOLUME CHARGE - WITH CITY OF DENTON WATER SERVICE
With a current Average Daily Usage, billings through the following February shall be based on the
average daily usage calculated using the following formula.
Current Average Daily Usage x Rate per 1,000 gallons
1,000
3
For customers without an established current Average Daily Usage, billings shall be based on 100%
of 6,000 gallons.
6,000 Gallons x Rate per 1,000 gallons
1,000
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
MONTHLY RATES (SRNI /SRNO) - WITHOUT CITY OF DENTON WATER SERVICE
(1) Facility Charge
(2) Volume Charge
SRNI
Inside Corporate
Limits
$9.75/bill
$3.75/1,000 gals
SRNO
Outside Corporate
T imitc
$11.15/bill
$4.35/1,000 gals
The customer shall pay a minimum Volurne Charge on the established billable volume of five
thousand (5,000) gallons per month.
MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE
The Facility Charge plus five thousand (5,000) gallons of wastewater.
VOLUME CHARGE - WITHOUT CITY OF DENTON WATER SERVICE
The billing for the wastewater volume shall be based on the minimum wastewater volume (5,000
gallons) during the billing period.
Minimum Wastewater Volume x Rate per 1,000 gallons
1,000
Wastewater volumes will be capped at a maximum of 18,000 gallons/bill.
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
A"
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
SCHEDULE SMH
MOBILE HOME PARK WASTEWATER SERVICE
(Effective 10/01/13)
APPLICATION
Applicable for mobile home parks that are master water metered to provide residential wastewater
service. Wastewater service is billed based on the Customer's winter average water usage.
Also applicable for wastewater service without City of Denton water service, in the event the
mobile home park does not have a master meter for wastewater. Wastewater service is billed on the
average residential wastewater volume per customer.
Not applicable for sub - billing or other utility billing by service user in any event.
MONTHLY RATE (SMH) - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $24.25/bill
(2) Volume Charge $3.75/1,000 gallons effluent
MONTHLY RATE (SMHO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON
WATER SERVICE
(1) Facility Charge $27.90/bill
(2) Volume Charge $4.35/1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current
winter Average Daily Usage, established annually during the previous billing months of December
through February, and based upon 100% of actual water consumption during those months. The
average daily usage may be calculated using as few as two months. The Average Daily Usage thus
calculated establishes the wastewater Volume Charge for each subsequent month, through the
following February. The calculated wastewater billed volumes will be capped at a maximum of
18,000 gallons/bill.
For customers without an established winter Average Daily Usage water consumption billing
history derived from the preceding billing months of December through February, wastewater
volume for each billing month through the following February shall be calculated at the established
billable volume (5,000 gallons per month per mobile home) for mobile home park customers not
receiving water service.
MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE
Facility Charge
0
VOLUME CHARGE - WITH CITY OF DENTON WATER SERVICE
With a current Average Daily Usage, billings through the following February shall be based on the
average daily usage calculated using the following formula.
Current Average Daily Usage x Rate per 1,000 gallons
1,000
For customers without an established winter Average Daily Usage, billings shall be based on the
established billable volume of 5,000 gallons per mobile home per month.
Established Billable Volume x Rate per 1,000 gallons x Number of Mobile Homes
1,000
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
MONTHLY RATE (SMNI /SMNO) - WITHOUT CITY OF DENTON WATER SERVICE
SMNI
SMNO
Inside Corporate
Outside Corporate
Limits
Limits
(1) Facility Charge $24.25/bill $27.90/bill
(2) Volume Charge $3.75/1,000 gals $4.35/1,000 gals
The Customer shall pay a minimum Volume Charge on the established billable volume of five
thousand (5,000) gallons per month.
MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE
The Facility Charge plus five thousand (5,000) gallons of wastewater per mobile home
VOLUME CHARGE - WITHOUT CITY OF DENTON WATER SERVICE
The billing for the wastewater volume shall be based on the wastewater volume calculated during
the billing period.
Minimum Wastewater Volume x Rate per 1,000 gallons x Number of Mobile Homes
1,000
7
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
SCHEDULESC
COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE
(Effective 10/01/13)
REGULAR COMMERCIAL
APPLICATION
Applicable to all general commercial and industrial wastewater service users and to all wastewater
service users not otherwise specifically classified under a specialized class wastewater rate.
Also applicable to all commercial facilities not receiving metered water service from the City of
Denton, including subdivisions, for apartments, or other commercial users.
MONTHLY RATE (SC) - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $24.25/bill
(2) Volume Charge $4.70/1,000 gallons effluent
Billing based on ninety (90 %) percent of monthly water consumption.
Plus
PRETREATMENT /PROGRAM CHARGES (As Applicable)
(SCA) (A) Categorical Customer $400.00 /bill
(SCB) (B) Non - categorical Customer $ 50.00/bill
SAMPLING AND ANALYSIS CHARGES (As applicable)
(A) Sampling charge (each) $60.00
(B) Analysis charge (per test) Actual cost per test
MONTHLY RATE (SCO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON
WATER SERVICE
(1) Facility Charge $27.90/bill
(2) Volume Charge $ 5.35/1,000 gallons effluent
Billing based on ninety (90 %) percent of monthly water consumption.
MINIMUM BILLIN
Facility Charge
pi
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
•I" iMM
Water volume x .90 x Rate per 1,000 gallons
1,000
COMMERCIAL AND INDUSTRIAL SURCHARGE
In addition to the above charges for commercial and industrial services, there will be added to the
monthly rate a surcharge based on the following fonnula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x.00834 ([Bu -250] B + [Su -250] S])
Where: Cu
is the surcharge for customer X.
Vu
is the billing volume per 1000 gallons for customer X.
.00843 is the conversion factor
Bu
is the tested BOD level for user X or 250 mg /1, whichever is greater.
B
is the unit cost factor for treating one pound of BOD
Su
is the tested TSS level for user X or 250 mg /l, whichever is greater.
S
is the unit cost factor for treating one pound of TSS
MONTHLY RATE (SCNI /SCNO) - WITHOUT CITY OF DENTON WATER SERVICE
(1) Facility Charge
(2) Volume Charge
SCNI
Inside Corporate
Limits
$24.25/bill
SCNO
Outside Corporate
Limits
$27.90/bill
$4.70/1,000 gals $ 5.35/1,000 gals
The minimum apartment Volume Charge will be for five thousand (5,000) gallons per unit
receiving wastewater service per month. Other commercial users will be billed on their estimated
monthly wastewater volume.
INIMUM BILLING
(1) Facility Charge plus 5,000 gallons wastewater per unit receiving wastewater service.
or
(2) Facility Charge plus other commercial user estimated monthly wastewater volume.
10
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Minimum wastewater volume x Rate per 1,000 gallons
1,000
Plus
PRETREATMENT /PROGRAM CHARGES (As applicable)
(1) Categorical Customer $400/bill
(2) Non - categorical Customer $50 /bill
SAMPLING AND ANALYSIS CHARGES (As applicable)
(1) Sampling charge (each) $60.00
(2) Analysis charge (per test) Actual cost per test
COMMERCIAL AND INDUSTRIAL SURCHARGE
In addition to the above charges for commercial and industrial services, there will be added to the
net monthly rate a surcharge based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x.00834 ([Bu -250] B + [Su -250] S])
Where: Cu
is the surcharge for customer X.
Vu
is the billing volume per 1000 gallons for customer X.
.00834
is the conversion factor
Bu
is the tested BOD level for user X or 250 mg /l, whichever is greater.
B
is the unit cost factor for treating one pound BOD.
Su
is the tested TSS level for user X or 250 mg /l, whichever is greater.
S
is the unit cost factor for treating one pound of TSS.
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
mil
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
12
SCHEDULESCD
COMMERCIAL /INDUSTRIAL WASTEWATER SERVICE
WHICH MEASURES WITH DEDICATED WATER METERS (SUB- METERS),
WATER FOR WASTEWATER BILLING
(Effective 10/01/13)
APPLICATION
Applicable to all commercial and industrial wastewater service users and to all wastewater service
users not otherwise classified under this ordinance whose wastewater volume is measured by a
water meter which measures the water which is returned into the wastewater collection and
treatment system. The SCD sub - metered wastewater volumes are billed to the Customer.
Not applicable for sub - billing or other utility billing by service user in any event.
MONTHLY RATE
(1) Facility Charge Billing Per Bill
3/4" Meter
$ 25.25
1" Meter
$ 30.20
1 -1/2" Meter
$ 35.75
2" Meter
$ 47.55
3" Meter
$102.40
4" Meter
$201.30
6" Meter
$276.40
8" Meter
$385.95
10" Meter
$553.05
(2) Volume Charge $4.70/1,000 gallons effluent
The wastewater billing is based on one hundred (100 %) percent of the actual water volume
submetered.
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet customer's service requirements shall be
13
provided subject to the Special Facilities Rider.
COMMERCIAL AND INDUSTRIAL SURCHARGE
In addition to the above charges for services, there will be added to the monthly rate a surcharge
based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834([Bu -250] B + [Su -250] S])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
.00843 is the conversion factor
Bu is the tested BOD level for user X or 250 mg /l, whichever is greater.
B is the unit cost factor for treating one pound of BOD.
Su is the tested TSS level for user X or 250 mg /l, whichever is greater.
S is the unit cost factor for treating one pound of TSS.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Fonnula:
Actual Water volume x Rate per 1,000 gallons
1,000
EM
SCHEDULE SCS
COMMERCIAL /INDUSTRIAL WASTEWATER SERVICE
WHICH MEASURES WITH DEDICATED WATER METERS (SUB - METERS),
WATER EXCLUDED FROM WASTEWATER BILLING
(Effective 10/01/13)
APPLICATION
Applicable to all commercial and industrial wastewater service users and to all wastewater service
users not otherwise classified under this ordinance whose wastewater volume is calculated by a
water meter which measures the water which is not returned into the wastewater collection and
treatment system. The SCS sub - metered wastewater volumes are consumed in the customer's
processes, not returned to the wastewater system, and are therefore excluded from the customer's
wastewater billing volumes.
Not applicable for sub - billing or other utility billing by service user in any event.
MONTHLY RATE
(1) Facility Charge Billing Per Bill
3/4" Meter
$ 25.25
1" Meter
$ 30.20
1-1/2" Meter
$35.75
2" Meter
$ 47.55
3" Meter
$102.40
4" Meter
$201.30
6" Meter
$276.40
8" Meter
$385.95
10" Meter
$553.05
(2) Volume Charge — None
The wastewater billing exclusion is based on one - hundred (100 %) percent of the actual water
volume sub metered.
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
15
WASTEWATER SURCHARGE
In addition to the above charges for services, there will be added to the monthly rate a surcharge
based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x.00834 ([Bu -250] B + [Su -250] S])
Where: Cu
is the surcharge for customer X.
Vu
is the billing volume per 1000 gallons for customer X.
.00834
is the conversion factor
Bu
is the tested BOD level for user X or 250 mg /1, whichever is greater.
B
is the unit cost factor for treating one pound of BOD.
Su
is the tested TSS level for user X or 250 mg /l, whichever is greater.
S
is the unit cost factor for treating one pound of TSS.
VOLUME CHARGE EXCLUSION
The wastewater volume exclusion shall be based on the water volume calculated during the billing
period. This sub - metered volume shall be excluded, in other words, removed, from the master
meter water volume prior to the wastewater billing volume calculation.
H
SCHEDULESCH
SEPTAGE & CHEMICAL TOILET DISPOSAL
AT THE PECAN CREEK WATER RECLAMATION PLANT
SEPTAGE TRANSFER STATION
(Effective 10/01/13)
PERMIT REQUIRED
All persons owning or operating a vacuum truck, cesspool pump truck, liquid waste transport truck
or other vehicle shall not service any septic tank, seepage pit, grease interceptor, grit trap /oil
separator, or cesspool within City of Denton without first having received a valid transport truck
discharge (TTD) permit.
APPLICATION
Applicable to all users of the Pecan Creek Water Reclamation Plant Septage Transfer Station. The
user must sign the "Agreement for Disposal of Liquid Waste" and comply with the following
requirements:
1. Sections 26 -309, 26 -310, and 26 -311 of the City of Denton Code of Ordinances
2. Provide to the City: signed "Application for Permit ", "Agreement for Disposal of Liquid
Waste" documents, and provide copy of current TCEQ Registration Certificate, current
Insurance Certificate for each vehicle, and current Manager of Operations Driver's License.
3. Comply with the "Liquid Waste Hauler — Vehicle Inspection Audit" requirements
City staff, after reviewing the permit application and agreement, and after conducting any
necessary research, may issue the permit, issue the permit with conditions, or deny the issuance
of the permit. The City will establish the number of permits to be issued. The City maintains the
right to deny the disposal of wastes at the Septage Transfer Station when necessary to prevent
adverse affects to the operations of the treatment facilities.
R A TF.
(1) Facility Charge
(2) Volume Charge
(3) Application Fee
(4) Vehicle Permit Fee
(5) Waste Manifests per book of 100
MINIMUM BILLING
Facility Charge
17
$5.45 /bill
$35.10/1,000 gallons
$300.00 /per calendar year
$300.00 /per vehicle per calendar year
$40.00
PAYMENT
Application and Vehicle Permit fee is due in full before first disposal at Pecan Creek Water
Reclamation Plant Septage Transfer Station. Bills are due when rendered, and become past due if
not paid within fifteen (15) calendar days from date of issuance.
VOLUME CHARGE
Billing for the septage volume contained in the septage hauling tank, shall be based on the full tank
volume only.
TERMS AND RENEWAL
Permits are issued annually, beginning Dec. 1, and are effective from Jan. 1 or the date of
issuance, whichever is later, through Dec.31 of the same calendar year. The permit application
process should be initiated and fees should be paid as early as possible during the last quarter of
each calendar year for the upcoming calendar year so that adequate time is available for review
and processing of the application. Submittal of applications by Dec.l will eliminate the
possibility of permits being issued after Jan. 1. All permits issued under this schedule shall be
valid for up to one calendar year from the date of issuance. All permits issued during each
calendar year will expire on the last day of that calendar year.
m
SCHEDULE SEE
EQUIPMENT SERVICES FACILITIES AND
RESTAURANTS & FOOD SERVICE ESTABLISHMENTS
WASTEWATER SERVICE
(Effective 10/01/13)
APPLICATION
Applicable to facilities which perform washing, cleaning or servicing of automobiles, trucks, buses
or similar equipment and are categorized by North American Industry Classification System
(NAICS) numbers: (811111, 811112, 811113, 811118, 811122, 811121, 811192, 811198,
447110, 447190) and /or similar code classifications.
Applicable to all restaurants and food service establishments that prepare and serve food directly to
customers and are categorized by NAICS numbers: (722110, 722211, 722212, 722213, 722410,
722310, 722320) and /or similar code classifications.
MONTHLY RATE (SEE)
(1) Facility Charge $24.25/bill
(2) Volume Charge $6.40/1,000 gallons effluent
Billing based on ninety (90 %) percent of monthly water consumption.
Plus
PRETREATMENT / PROGRAM CHARGES (As Applicable)
(SEA) (A) Categorical $400/bill
(SEB) (B) Non - categorical $50/bill
The appropriate Pretreatrnent/Program charge will be applied if the Customer is identified as either
categorical or non - categorical. These charges are not to be applied if the Customer is not designated
as either a categorical or non - categorical customer.
SAMPLING /ANALYSIS CHARGES (As Applicable)
(1) Sampling charge (each) $60.00
(2) Analysis charge (per test) Actual cost per test
"SEE" RATE EXEMPTIONS
(1) Customers under the SEE rate shall be charged the SC rate if only pre - wrapped and
preprocessed foods are served from their premises and no food processing is
performed on the premises so that only minimal organic material is discharged to the
sanitary sewer. The exemption for the SEE class shall be determined by the City of
19
Denton Environmental Health Services Food Inspection Division.
(2) Customers under the SEE rates shall be charged the SC rate plus the applicable
industrial surcharge if the Customer:
(a) Installs a wastewater sampling manhole on the sanitary sewer discharge line;
(b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater
discharge for the following: Biochemical Oxygen Demand (BOD), Total
Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual
costs; and
(c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all
wastewater discharged that is in excess of 500 mg /l of BOD and 600 TSS as
determined by the monitoring performed in Section 2(b).
MINIMUM BILLING
Facility Charge
WASTEWATER SURCHARGE
The wastewater surcharge calculation that applies to equipment services facilities and restaurant and
food service establishments claiming the SEE exemption shall be based on the following fonnula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x.00834 ([Bu -500] B + [Su -600] S])
Where: Cu
is the surcharge for customer X.
Vu
is the billing volume per 1000 gallons for customer X.
.00834 is the conversion factor
Bu
is the tested BOD level for user X or 500 mg /l, whichever is greater.
B
is the unit cost factor for treating one pound of BOD.
Su
is the tested TSS level for user X or 600 mg /l, whichever is greater.
S
is the unit cost factor for treating one pound of TSS.
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
Nus
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Water volume x .90 x Rate per 1,000 gallons
1,000
21
SCHEDULESM
METERED WASTEWATER INSIDE AND OUTSIDE
CORPORATE LIMITS
(Effective 10/01/13)
APPLICATION
Applicable to any wastewater service Customer whose wastewater discharge is metered from a
single customer location and not otherwise classified under this ordinance.
MONTHLY RATE SMI SMO
Inside Corporate Outside Corporate
Limits Limits
(1) Facility Charge $299.50/bill $344.45/bill
(2) Volume Charge $4.70/1,000 gals $5.35/1,000 gals
Plus
(3) Pretreatment/Program Charge (As Applicable)
(SMA) (A) Categorical $400/bill
(SMB) (B) Non - categorical $50 /bill
The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either
categorical or non - categorical. The categorical and non - categorical classifications are not bound by
corporate limits. These charges are not to be applied if the Customer is not designated as either a
categorical or non - categorical Customer by the wastewater utility staff.
SAMPLING /ANALYSIS CHARGE (As Applicable)
(1) Sampling charge (each) $60.00
(2) Analysis charge (per test) Actual cost per test
WASTEWATER SURCHARGE
In addition to the above charges, there will be added to the monthly rate for metered wastewater, a
surcharge based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834 ([Bu -250] B + [Su -250] S])
22
Where: Cu
Vu
Bu
.M
B
Su
S
MINIMUM BILLING
is the surcharge for customer X.
is the billing volume per 1000 gallons for customer X.
is the tested BOD level for user X or 250 mg /l, whichever is greater,
34 is the conversion
is the unit cost factor for treating one pound of BOD.
is the tested TSS level for user X or 250 mg /1, whichever is greater.
is the unit cost factor for treating one pound of TSS.
Facility Charge, plus the appropriate Pretreatment/Program Charge, if applicable
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Wastewater volume x Rate per 1,000 gallons
1,000
23
SCHEDULE SGE
SALE OF TREATED WASTEWATER EFFLUENT
(Effective 10/01/13)
APPLICATION
Applicable for sales of treated wastewater effluent to any municipal utility or approved private
business. Useable for non - potable purposes only. Not intended for human consumption.
Not available for resale in any event.
PRODUCT AVAILABILITY
Wastewater effluent is available for resale only if volumes are available. Supplies may be limited or
unavailable.
MONTHLY RATES
(1) Facility Charge
3/4 "Meter
1" Meter
1-1/2" Meter
2" Meter
3" Meter
4" Meter
6" Meter
8" Meter
10" Meter
(2) Volume Charge
MINIMUM BILLING
Facility Charge
PAYMENT
Per Bill
$ 21.95
$ 26.25
$ 31.10
$ 41.35
$ 89.05
$ 175.05
$240.35
$335.60
$480.90
$1.35/1,000 gallons
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided subject to the Special Facilities Rider.
24
VOLUME CHARGE
Billing for the wastewater volume shall be based on the effluent volume calculated during the
billing period.
Fonnula:
Effluent volume x Rate per 1,000 gallons
1,000
'FM
SCHEDULE SSC
WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL
AGENCY DIVISION OR SUBDIVISION
(Effective 10/01/13)
APPLICATION
Applicable to any municipal corporation, or other governmental agency or subdivision which
operates a wastewater collection system and contracts with the City of Denton for wastewater
treatment service.
MONTHLY RATES
(1) Facility Charge $224.00/bill
(2) Pretreatment/Program Charge (As Applicable)
(A) Categorical $400.00 /bill
(B) Non - categorical $50.00/bill
(3) Volume Charge $2.50/1,000 gallons
Billing shall be based on one hundred (100 %) percent of actual gallons measured.
SAMPLING /ANALYSIS CHARGE (As Applicable)
(1) Sampling Charge (each) $60.00
(2) Analysis Charge (per test) Actual cost per test
MINIMUM BILLING
Facility Charge.
WHOLESALE SURCHARGE
In addition to the above charges for wholesale wastewater services, there will be added to the
monthly rate an industrial surcharge based on the following fonnula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x.00834 ([Bu -250] B + [Su -250] S])
26
Where: Cu
Vu
.00E
Bu
B
Su
PAYMENT
is the surcharge for customer X.
is the billing volume per 1000 gallons for customer X.
34 is the conversion factor
is the tested BOD level for user X or 250 mg /l, whichever is greater.
is the unit cost factor for treating one pound of BOD.
is the tested TSS level for user X or 250 mg /l, whichever is greater.
S is the unit cost factor for treating one pound of TSS.
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Wastewater volume x Rate per 1,000 gallons
1,000
27
SCHEDULE CWM
DYNO DIRT PRODUCTS
(Effective 10/01/13)
APPLICATION
Applicable to any and all customers, whether residential, commercial, or wholesale, which elect to
acquire the City of Denton's Dyno Dirt products for their use. The City of Denton reserves the right
to restrict or limit the sale of all Dyno Dirt products to any customer at any time.
RATES
Dyno Dirt products will be sold by volume on a cubic yardage basis, or in one cubic foot bags.
Bulk quantities will not be sold in volumes less than one -half cubic yard.
(A) Compost
(1) Dyno Soil (Top Soil Blend) $30.00 /Cubic Yard
(2) Dyno Dirt $25.00 /Cubic Yard
(3) Dyno Lite $30.00 /Cubic Yard
(B) Wood Mulch
(1) Dyno Landscape Mulch $27.50 /Cubic Yard
(2) Dyno Deco Colored Mulch $30.00 /Cubic Yard
(3) Dyno Double Grind $17.50 /Cubic Yard
Purchases for (A) and (B) above, greater than ten (10) cubic yards will receive a 20% discount,
purchases greater than 100 cubic yards will receive a 40% discount. A contractor's rate will be
given to companies or persons who provide a current and valid resale certificate for inspection.
The contractor's rate includes a 30% discount on any purchase of from 1 to 99 cubic yards at any
one time of any Dyno Product of the City of Denton.
(C) City of Denton departments will receive a 40 % discount on all purchases of Dyno
Dirt products.
(D) Asphalt Millings $10.00 /Cubic Yard
PRODUCT AVAILABILITY
The City of Denton produces Dyno Dirt products throughout the year in varying limited quantities.
The City of Denton does not guarantee the availability of any product, and expressly reserves the
right to restrict the sale of any product based upon available volumes.
M
LOCATION
All Dyno Dirt products may be purchased from the City of Denton at the following location:
Location Address
Compost Sales Bldg
Water Reclamation Plant 1100 Mayhill Road, Denton, Texas
WHOLESALE PURCHASES
All Dyno Dirt products purchased wholesale, for resale to the public, is to be identified as a City of
Denton manufactured product. The wholesale purchaser must provide the City of Denton selling
price information to the retail customer if it is requested.
29
SCHEDULE GBL
GRASS /BRUSH/LEAVES
(Effective 10/01/13)
APPLICATION
Applicable to all City of Denton residents who submit for deposit at the landfill grass
clippings, brush, and/or leaves, who shall pay the following rates:
GRASS /BRUSH/LEAVES:
Product Characteristics
Charge
1. Uncontaminated bagged or un- bagged $20.00 /ton
grass, brush, or leaves in less than twelve foot (12') lengths.
2. Uncontaminated bagged or un- bagged $30.00 /ton
grass, brush, or leaves in greater than twelve foot (12') lengths.
3. Contaminated grass, brush, or leaves of any length: $41.00 /ton
4. Whole trees and stumps $50.00 /ton
MINIMUM CHARGE
$17.50 per load
Professional landscapers, tree triminers, and yard maintenance personnel are required to bring
their grass, brush, or leaves (all collectible yard waste) to the landfill, and are not pennitted to
leave any of the above - referenced collectible yard waste items stacked or piled on the curb at
the Customer's location.
Grass, brush, and leaves shall not be assessed the City of Denton solid waste 3.5% surcharge
to compensate for the State of Texas surcharge for all solid waste received at landfills if the
materials are not land filled.
30
SCHEDULE ST
WASTEWATER TAP AND MANHOLE FEES
(Effective 10/01/13)
APPLICATION
This schedule applies to the installation, removal, or relocation of wastewater taps by the City of
Denton Utility Department at the request of any person, firm, association, corporation, or other legal
entity.
TAP FEES
Any person, firm, association, corporation, or other legal entity that requests that a wastewater main
tap be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to
the Wastewater Utility Department the following applicable fees:
WASTEWATER TAPS WITH CLEANOUT
Size of Tap
Paved Street
Unpaved Street
4 inch
$2,300.00
$1,500.00
6 inch
$2,600.00
$1,650.00
8 inch
$2,800.00
$1,800.00
10 inch
$3,000.00
$2,000.00
MANHOLE BREAKOUT FEE
6" —12" Line $165.00
FEES FOR INSTALLATIONS NOT LISTED
For installation of a tap or manhole for which a fee is not specified, the requestor shall pay in
advance a deposit based upon the estimated cost of such installation, or similar work, plus an
administrative charge of 20 %. Upon completion of the installation or similar work requested, the
customer shall be billed at actual cost, as determined by the Wastewater Utility Department, plus a
20% administrative charge. Any excess deposit shall be refunded to the Customer.
31
SCHEDULE STE
TREATED EFFLUENT WASTEWATER TAP FEES
(Effective 10/01/13)
APPLICATION
This schedule applies to the installation, removal, or relocation of treated effluent wastewater taps
by the City of Denton Utility Department at the request of any person, firm, association,
corporation, or other legal entity.
TAP FEES
Any person, firm, association, corporation, or other legal entity that requests that a wastewater main
tap be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to
the Wastewater Utility Department the following applicable fees:
REUSE WASTEWATER LINE TAPS
Size of Tap Paved Street Unpaved Street
4 inch $2,705.00
$1,625.00
6 inch $2,920.00
$1,895.00
8 inch $3,895.00
$2,815.00
12 inch $4,865.00
$3,730.00
FEES FOR INSTALLATIONS NOT LISTED
For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit
based upon the estimated cost of such installation, or similar work, plus an administrative charge of
20 %. Upon completion of the installation or similar work requested, the customer shall be billed at
actual cost, as determined by the Wastewater Utility Department, plus a 20% administrative charge.
Any excess deposit shall be refunded to the Customer.
32
SCHEDULE OSSF
ON -SITE SEWAGE FACILTY PERMIT FEES
(Effective 10/01/13)
APPLICATION
This schedule applies to the new construction of aerobic treatment systems, new construction of
non - aerobic treatment systems, and repair and alteration of the above.
OSSF PERMIT FEES
Any person, firm, association, corporation, or other legal entity that requests a wastewater system
work permit shall pay in advance to the Wastewater Utility Department the following applicable
fees:
New Construction of aerobic treatment systems $410
Reinspection Fee of aerobic treatment systems $200
New Construction of non - aerobic treatment systems $210
Reinspection Fee of non - aerobic treatment systems $100
Repair or Alteration fees (All types of OSSF's) $50
33
SCHEDULE SWP
COLLECTION AND TRANSPORTATION SERVICES PERMIT
(Effective 10/01/13)
Any person, entity, or business engaged in the collection and transport of waste, recyclables, or
other materials as classified within this rate schedule, and operating within the City of Denton
must possess a current permit issued from the City prior to providing collection and
transportation services. Any private container located within the City of Denton for use in waste
and recyclables collection services is required to be permitted.
Permits for collection and transportation services are required for, but are not limited to, the
following wastes and recyclables classifications:
• Municipal Solid Waste
• Special Waste
• Medical Waste
• Hazardous Waste
• Restaurant Oil and Grease
• Grease & Grit Trap Waste
• Commercial and Industrial Recyclable Materials — containerized and baled
• Residential Recyclable Materials
• Construction and Demolition (C &D) materials, recyclables, reuseables, and discarded
C &D materials
• Waste and recyclable collection service providers operating in newly annexed areas, or
contract service providers for the city
• Refuse or recyclables that the City does not collect and transport.
The person shall apply for a permit from the city, and shall pay the required application fees at
the time of permit application. All permits are non- transferable and are granted as non - exclusive
service permits. Granting permits will be at the discretion of the City to meet the needs of the
community. The permit applicant must pay the required fees, and meet all permit requirements
prior to the issuance of a permit. Applicants with a Texas Commission of Environmental Quality
(TCEQ) poor compliance history may not be permitted.
All non -City of Denton container owners (roll -off containers, self contained compactors) are
required to annually pay the per cubic yard container fee to the City of Denton for each
container, that is at least 1 cubic yard in size, located within Denton's city limits.
Applicants will qualify to be permitted as `Small Operators' if they have four or fewer service
locations within the City of Denton, and operate two vehicles or less, within the City of Denton,
including trailers, of which each vehicle does not have a Gross Vehicle Weight Rating (GVWR)
of more than 14,000 pounds.
Granting of Permit
As a condition of granting a permit, the person or entity receiving such permit (permittee) agrees
to execute and comply with all requirements of the service agreement, carry specific types and
amounts of insurance, submit reports, and pay the necessary fees by the specified due date.
Following the granting of a permit, permit stickers shall be issued by the City and shall be placed
34
by the permittee on all vehicles operating within the city limits of Denton and upon all containers
placed within the City limits of Denton. Collection and transportation vehicles operating in
Denton, and containers set in Denton are required to display a current and valid calendar year
permit decal at all times. If decals are lost by the permittee, and are not visible on their vehicles
or containers, then the vehicles and /or containers must be re- permitted by the permittee, and all
appropriate fees paid, prior to the vehicles or containers being placed in service within Denton's
city limits. The City of Denton is not responsible for lost decals.
Exclusions
Individuals living within the City limits of Denton, and hauling personal materials, wastes, or
recyclables from their primary living residence are exempt from this requirement.
Any person, who transports applicable materials three or fewer times per year, shall register with
the City on the forms provided for that purpose. No annual service fees are required, but
registration and permitting through the City is required.
Fees
Collection and Transportation Services Permit Fees
Non City of Denton Service Providers
Application Fee Paid Annually $500.00
Service Fees:
Tier IV engines manufactured after January 2011.
Per Vehicle $1,000.00
Tier III engines manufactured between Jan. 2007 and
Dec. 2010. Per Vehicle $1,500.00
Engines manufactured between Jan. 2003 - Dec. 2006. Per Vehicle $2,250.00
Engines manufactured prior to Jan. 2003. Per Vehicle $3,000.00
Container Fee, per Cubic Yard, per container (if Paid Annually $4.00
applicable)
Right -of -Way Fee
Per Cubic Yard, per Container, per Month (if applicable) Paid Monthly $4.00
Waste manifests per book of 100 $40.00
35
Small Operators
Collection and Transportation Services Permit Fees
Non City of Denton Service Providers
SMALL OPERATORS - Special Waste, Medical Waste, Hazardous Waste, Restaurant Oil
and Grease, Grease & Grit Trap Waste, Commercial and Industrial Recyclables, and
Construction and Demolition Materials
Application Fee Paid Annually
Service Fee Per Vehicle
Container Fee
Per Cubic Yard, per container (if applicable) Paid Annually
Right -of -Way Fee
Per Cubic Yard, per Container, per Month (if applicable) Paid Monthly
Waste manifests per book of 100
$200.00
$400.00
Elu11
$4.00
$40.00
Service providers desiring to provide services in more than one service category are required to
complete permit documentation and pay the applicable fees for each service category they desire
to provide within Denton's City limits. All fees paid are nonrefundable.
Application, service, and container fees are payable at the time of application submittal. Right -
of -way usage fees are due and payable prior to setting a container in the right -of -way. Service
and container fees are non - transferable between vehicles and containers, and are unit specific.
Container fees apply to each container placed by the permitee within the City limits of Denton,
and non -City owned containers serviced by the City, but do not apply to City of Denton owned
containers. Containers are defined as any refuse containment equipment that are at least one
cubic yard in size, which can be lifted and emptied using a special vehicle designed for that use,
i.e. which are not emptied manually. Container fees are established for each cubic yard of
container capacity, per container, as listed within the Fees section. All containers require a
container permit fee regardless if the container is or is not placed on the ground.
Permitting and fees are applicable and due for all businesses hauling baled recyclables generated
from businesses located within Denton's City limits.
Permittees currently permitted, and choosing not to reapply for and make payment for a new
collection and transportation services permit by December 31s` , for the upcoming calendar year
beginning January lst will be assessed an additional $500 fee upon permitting or may not be
granted a permit by the City of Denton. If all permit fees are not paid prior to December 31st, all
unpermitted containers will be removed from their service provider locations beginning January
lst by the City of Denton. Collection of these containers by the service provider requires that the
time and materials charges incurred by City staff to relocate these containers must be reimbursed
to the City by the service provider, prior to the City's release of these containers.
36
Violations /'No Operations' Declaration
A business which has not been permitted by the City to operate within the City limits of Denton;
or has been suspended by the City from operating within the City limits of Denton, Texas shall
be charged a sum of up to $500.00 per day by the City, for each day of violation of this
ordinance, if the provider violates the `No Operations' requirement prior to receipt of a City of
Denton permit, or during any suspension of a permit period. Each day of illegal operations
during a `No Operations' period is considered a separate violation and the service provider is
subject to being charged a sum of up to $500.00 for each day of violation. Following the receipt
of a `No Operations' declaration and prior to a service provider being reinstated to legally
operate within the City limits of Denton, the service provider must meet with the City staff to
update their application and agreement and make payment of all monies owed to the City.
If a service provider operates a vehicle within Denton's City limits which has not been permitted,
uses a container which has not been permitted, operates any piece of equipment with an expired
permit, performs some other permit violation, does not make payment of the appropriate fees in
a timely manner, the city will issue a `No Operations' declaration to the service provider, and
assess all applicable permit violation fees. Once a service provider has been issued a 'No
Operations' declaration from the City, all services to be provided within Denton's City limits are
required to cease. Non - permitted containers may be collected by the City and stored until
collection, storage, and permitting fees associated with each container are paid to the City of
Denton. Following a meeting with the City staff, and the payment of all monies owed the City,
the status of the permit will be determined.
Revocation of Services & Non - Renewal of Permits
If the City finds any requirement of the permit has been violated, or observes service providers
operating within Denton's City limits without current permits, the City may institute a `No
Operations' declaration. Additionally, the City may revoke or not renew the service providers
permit, thereby requiring the service provider to cease all operations within the City limits of
Denton.
Reclassification of Recyclables
Recyclables containing ten (10 %) percent or more contamination, as determined by the City, will
be considered refuse, and its collection may not be provided by service providers permitted
under this ordinance. This material shall be reclassified as refuse and will be collected by the
City of Denton. The General Manager, Solid Waste Services or his designee, will make the final
determination on whether stored recyclables contain excessive contamination, which at the
City's determination, may cause the reclassification of these materials to municipal solid waste
(MSW), thereby negating the ability of a service provider to transport this material within
Denton's City limits under their operating permit pursuant to this ordinance.
The City of Denton has the authority to inspect the contents of any container located within
Denton's City limits in order to determine the materials content of the container, so as to ensure
compliance with the contamination requirements, which shall not exceed 10 %.
37
Terms and Renewal
Permits are issued annually, beginning December 1, and are effective from January 1, or the date of
issuance, whichever is later, through December 31 of the same calendar year. The permit
application process should be initiated and fees should be paid as early as possible during the last
quarter of each calendar year for the upcoming calendar year so that adequate time is available for
review and processing of the application. All collection and transportation permits shall be valid for
up to one calendar year from the date of issuance. All permits issued during a calendar year will
expire on the last day of that calendar year.
M
SCHEDULE SD
STORM DRAINAGE FEES
(Effective 10/01/13)
APPLICATION
Applicable to all impervious real property and appurtenances owned and located within the
incorporated limits of the City of Denton, Texas, except as exempted below. The Storm Drainage
fee charged to each tract of real property is based upon the amount of impervious surface cover that
results in water runoff into the City of Denton drainage system.
MONTHLY FEE — RESIDENTIAL (SDR)
The residential fee is applicable to all single- family through fourplex real properties located within
the incorporated limits of the City of Denton, Texas, for which impervious surfaces can be
individually identified. The residential fee is established by utilizing a block system. The fee
charged in each fee block is set forth and established as follows:
Fee Block
0
— 600 Square Feet
601
— 1,000 Square Feet
1,001
— 2,000 Square Feet
2,001
— 3,000 Square Feet
3,001
— 4,000 Square Feet
4,001
— 5,000 Square Feet
5,001
— 6,000 Square Feet
Over 6,000 Square Feet
MONTHLY FEE — NON - RESIDENTIAL (SDN)
PPr Rill
$ 0.50
$ 1.00
$ 3.35
$ 5.45
$ 7.60
$ 9.75
$12.00
$15.50
The non - residential fee is applicable to all other real property owned and located within the
incorporated limits of the City of Denton, Texas, except as exempted below. The non - residential
fee is based upon the total square footage of impervious surface cover measured for each
customer /owner.
Formula:
Measured Square Footage of Impervious Surface Cover x $0.00186 per bill
EXEMPTIONS
The following real property owned and located within the incorporated limits of the City of Denton,
Texas shall be exempt from imposition of the residential fee or the non - residential fee:
1. Real property with proper construction and maintenance of a wholly sufficient and
privately -owned drainage system, not draining into the City of Denton drainage system, upon the
real property's inspection and certification by the City; or
2. Real property held and maintained in its natural state, until such time that the real property is
39
developed, and all of the public infrastructure constructed thereon has been accepted by the City; or
3. Real property, consisting of an unimproved subdivided lot, until such time as a structure has
been built on the lot and a certificate of occupancy has been issued by the City.
No other exemptions to the residential fees or the non - residential fees are applicable.
we
SPECIAL FACILITIES RIDER
(Effective 10/01/13)
(1) All service shall be offered from available facilities. If a customer service request for a
special or unusual service not otherwise provided for by the Wastewater rate ordinance,
and/or requires facilities and devices which are not normally and readily available at the
location at which the Customer requests the service, then the City shall provide the service
subject to the requirements of paragraph (2) of this rider.
(2) The total cost of all facilities required to meet the Customer's special requirements which are
incurred by the City in connection with rendering the service, shall be subject to a special
contract entered into between the Wastewater Utility Department and the Customer. This
contract shall be signed by both parties prior to the City providing the requested service to
the Customer.
SPECIAL CONDITIONS RIDER
(Effective 10/01/13)
If a special condition or circumstance exists not otherwise provided for by the wastewater rate
ordinance, then the City shall have the authority to provide for the special condition subject to the
requirements of paragraph 2 of this Rider.
Any billing adjustments in connection with any special condition or circumstance shall be at the
discretion of the Director of Water Utilities or his designee.
MLI
SECTION 2. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. The Schedule of Rates herein adopted shall be effective, charged and applied
to all wastewater service rendered on and after October 1, 2013, and a copy of said rates, fees, and
charges shall be maintained on file in the Office of the City Secretary of the City of Denton, Texas.
PASSED AND APPROVED this the day of 52013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
M
MARK A. BURROUGHS, MAYOR
u�dgO Cour �sei3O Agei,Aa G
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Utilities Administration
ACM: Howard Martin, Utilities, 349 - 8232'"
SUBJECT
Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance
No. 2012 -214 for water service rates and water rates; amending the residential water service rate
(Schedule WR); amending the commercial /industrial water service rate (Schedule WC);
amending the metered water from fire hydrant rate (Schedule WFH); amending the wholesale
treated water service rate to the Upper Trinity Regional Water District (Schedule WW);
amending the wholesale raw water service rate to Upper Trinity Regional Water District
(Schedule WRW); amending the wholesale raw water pass - through rate to Upper Trinity
Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); amending
the water tap and meter fees; providing for a repealer; providing for a severability clause; and
providing for an effective date. (The Public Utility Board recommends approval 6 -0).
BACKGROUND
The proposed approximate 4% rate increase is designed to recover the cost of service for the
water utility and provide a positive or break -even net income. During the budget presentations,
the PUB reviewed the Water Utility budget and the proposed rate changes that could be
implemented to support the proposed FY 2013 -2014 budget and FY 2014 -2018 CIP.
As part of the Water budget discussions, the Water department staff recommended and received
PUB approval for an approximate 4% rate revenue increase. The increase includes funding to
support the aging water infrastructure and reserve requirements. The rate increase was structured
to takes steps to align the rates with the recommendations of the Cost of Service model and to
encourage conservation.
The average residential customer using 9,200 gallons would incur the following monthly charge.
Current Proposed Increase
$45.61 $47.49 $1.88
PRIOR ACTION
Proposed FY 2013 -2014 Utilities budgets and CIP's were presented to and approved by the
Public Utilities Board ( "PUB ") during May through July, 2013. This rate ordinance was
approved by the PUB on July 22, 2013 by a vote of 6 -0. The budgets, including draft rate
ordinances, were presented to the City Council for review on August 1, 2013. This ordinance is
scheduled for adoption on September 17, 2013.
SUMMARY
Based on normal volumes, the proposed increase will generate the rate revenue needed to meet
revenue requirements. The proposed rate increase was designed to support cost of service and to
encourage conservation.
FISCAL SUMMARY
The proposed rate increase will provide the revenues necessary to cover the cost of service to
customers.
RECOMMENDATION
Staff recommends approval of the ordinance, with an effective date of October 1, 2013.
EXHIBITS
1. Proposed FY 2013 -2014 Water Rate Ordinance
Respectfully submitted:
Howard Martin
Assistant City Manager /Utilities
EXHIBIT 1
sAlegal \our documents \ordinances \13\2013 -2014 water rate ordinance.doe
ORDINANCE NO. 2013-
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN
ORDINANCE NO. 2012 -214 FOR WATER SERVICE RATES AND WATER RATES;
AMENDING THE RESIDENTIAL WATER SERVICE RATE (SCHEDULE WR); AMENDING
THE COMMERCIAL /INDUSTRIAL WATER SERVICE RATE (SCHEDULE WC);
AMENDING THE METERED WATER FROM FIRE HYDRANT RATE (SCHEDULE WFH);
AMENDING THE WHOLESALE TREATED WATER SERVICE RATE TO THE UPPER
TRINITY REGIONAL WATER DISTRICT (SCHEDULE WW); AMENDING THE
WHOLESALE RAW WATER SERVICE RATE TO UPPER TRINITY REGIONAL WATER
DISTRICT (SCHEDULE WRW); AMENDING THE WHOLESALE RAW WATER PASS -
THROUGH RATE TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE
CHAPMAN INTO LAKE LEWISVILLE (SCHEDULE WCL); AMENDING THE WATER TAP
AND METER FEES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Rate Schedules for water service as provided for in Chapter 26 of
the Code of Ordinances, are amended to read as follows:
WATER RATE SCHEDULES
WR Residential Water Service
WC Commercial /Industrial Water Service Rate
WFH Metered Water From Fire Hydrant
PAGE
2
6
9
WW Wholesale Treated Water Service to Upper Trinity Regional Water District 10
WRW Wholesale Raw Water Service to Upper Trinity Regional Water District 12
WCL Wholesale Raw Water Pass - Through to Upper Trinity Regional Water District 13
from Lake Chapman into Lake Lewisville
Water Tap and Meter Fees 14
Fire Hydrant Installation 16
Water Laboratory Testing Fees 17
Special Facilities Rider 18
Special Conditions Rider 18
SCHEDULE WR
RESIDENTIAL WATER SERVICE
(Effective 10/01/13)
APPLICATION
Applicable for single- family residential service, and individually - metered apartments, mobile homes,
or multi - family facilities with less than four units, with wastewater service within the corporate limits
of the City of Denton, Texas. (WR)
Applicable for single - family residential service, and individually- metered apartments, mobile homes,
or multi - family facilities with less than four units outside the corporate limits of the City of Denton,
Texas with or without wastewater service. (WRO)
Applicable where the metered water is used for domestic purposes and is not returned to the
wastewater system for collection and treatment. (WRN)
Applicable where the metered water is used for landscape irrigation purposes and is not returned to
the wastewater system for collection and treatment. (WRI)
Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is
used for landscape irrigation purposes and is not returned to the wastewater system for collection and
treatment. (WRIO)
Not applicable to resale, temporary, standby, or supplementary service except in conjunction with
applicable rider.
MONTHLY RATE (WR) — RESIDENTIAL WATER SERVICE;
AND MONTHLY RATE (WRN) — METERED WATER NOT RETURNED TO WASTEWATER
SYSTEM FOR COLLECTION AND TREATMENT
(1) Facility Charge
3/4 inch Meter
1 inch Meter
1 -1 /2 inch Meter
2 inch Meter
(2) Volume Charge
0- 15,000 gals
15,001- 30,000 gals
30,001 - 50,000 gals
Over 50,000 gals
Per Bill
$ 13.45
$ 17.85
$ 23.15
$ 29.45
Rate Per 1,000 Gallons
WINTER SUMMER
Billing months of Billing months of
NOV. through APRIL MAY throujzh OCT.
$ 3.70
$ 3.70
$ 3.70
$ 5.35
$ 3.70
$ 7.20
$ 3.70
$ 9.45
2
MONTHLY RATES (WRO) — WATER SERVICE OUTSIDE CORPORATE LIMITS
MONTHLY RATE
Rate Per 1,000 Gallons
(1) Facility Charge
Per Bill
3/4 inch Meter
$ 15.45
1 inch Meter
$ 20.55
1 -1 /2 inch Meter
$ 26.60
2 inch Meter
$ 33.85
(2) Volume Charge
Rate Per 1,000 Gallons
RATE BLOCK PER 30 DAYS
WINTER
SUMMER
Billing months
Billing months
NOV through APRIL
MAY through OCT
0- 15,000 gals
$4.25
$4.25
15,001- 30,000 gals
$4.25
$6.15
30,001 - 50,000 gals
$4.25
$8.30
Over 50,000 gals
$4.25
$10.85
MONTHLY RATES (WRI) — METERED WATER SERVICE FOR IRRIGATION
MONTHLY RATE
(1) Facility Charge
Per Bill
3/4 inch Meter
$13.45
1 inch Meter
$17.85
1-1/2 inch Meter
$23.15
2 inch Meter
$29.45
(2) Volume Charge
Rate Per 1,000 Gallons
RATE BLOCK PER 30 DAYS
WINTER
SUMMER
Billing months
Billing months
NOV through APRIL
MAY through OCT
0- 15,000 gals
$3.70
$5.35
15,001- 30,000 gals
$3.70
$7.20
Over 30,000 gals
$3.70
$9.45
3
MONTHLY RATES (WRIO) — METERED WATER SERVICE FOR IRRIGATION
MONTHLY RATE
(1) Facility Charge
Per Bill
3/4 inch Meter
$15.45
1 inch Meter
$20.55
1-1/2 inch Meter
$26.60
2 inch Meter
$33.85
(2) Volume Charge Rate Per 1,000 Gallons
RATE BLOCK PER 30 DAYS WINTER SUMMER
Billing months Billing months
NOV through APRIL MAY through OCT
0- 15,000 gals $4.25 $6.15
15,001- 30,000 gals $4.25 $8.30
Over 30,000 gals $4.25 $10.85
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall be
provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the water consumption shall be based on the gallon consumption during the billing period.
Formula:
Gallons in rate block X rate per 1,000 gal. in rate block
1,000 gallons
4
RETAIL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS —
ORDINANCE NO. 2012 -064.
Under Stage 3 drought conditions, residential customers shall be charged a 20% surcharge penalty for
water usage greater than 30,000 gallons per account per thirty (30) days.
Under Stage 4 drought conditions, residential customers shall be charged a 20% surcharge penalty for
water usage greater than 15,000 gallons per account per thirty (30) days.
SCHEDULE WC
COMMERCIAL /INDUSTRIAL WATER SERVICE RATE
(Effective 10/01/13)
APPLICATION
Applicable to all commercial and industrial users, or other water users not otherwise classified under
this ordinance, for all water provided at one point of delivery and measured through one meter. (WC)
Applicable for all commercial and industrial users or other users not otherwise classified under this
ordinance outside of the corporate limits of the City of Denton for all water service provided at one
point of delivery and measured through one meter, with or without wastewater service. (WCO)
Applicable where the metered water is used for commercial purposes and is not returned to the
wastewater system for collection and treatment. (WCN)
Applicable where metered water is used for landscape irrigation purposes and is not returned to the
wastewater system for collection and treatment. (WCI)
Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is
used for landscape irrigation purposes and is not returned to the wastewater system for collection and
treatment. (WCIO)
Not applicable to resale service in any event, nor to temporary, standby, or supplementary service
except in conjunction with applicable rider.
MONTHLY RATE (WC) and (WCN)
(1) Facility Charge
3/4 inch
Meter
1 inch
Meter
1 -1/2 inch Meter
2 inch
Meter
3 inch
Meter
4 inch
Meter
6 inch
Meter
8 inch
Meter
10 inch
Meter
Per Bill
$21.95
$26.25
$31.10
$41.35
$89.05
$ 175.05
$240.35
$335.60
$480.90
(2) Volume Charge $4.05 per 1,000 gallons
MONTHLY RATE (WCO) — OUTSIDE CORPORATE LIMITS
(1) Facility Charge
3/4 inch
Meter
1 inch
Meter
1-1/2 inch Meter
2 inch
Meter
3 inch
Meter
4 inch
Meter
6 inch
Meter
8 inch
Meter
10 inch
Meter
(2) Volume Charge
MONTHLY RATE (WCI) - IRRIGATION
(1) Facility Charge
3/4 inch
Meter
1 inch
Meter
1 -1/2 inch
Meter
2 inch
Meter
3 inch
Meter
4 inch
Meter
6 inch
Meter
8 inch
Meter
10 inch
Meter
(2) Volume Charge
Per Bill
$25.25
$30.20
$35.75
$47.55
$102.40
$201.30
$276.40
$385.95
$553.05
$4.65 per 1,000 gallons
Per Bill
$21.95
$26.25
$31.10
$41.35
$89.05
$ 175.05
$240.35
$335.60
$480.90
Rate Per 1,000 Gallons
Billing months of
NOV. through APRIL
$4.05
MONTHLY RATE (WCIO) - IRRIGATION
(1) Facility Charge
Per Bill
3/4 inch Meter
$25.25
1 inch Meter
$30.20
1 -1/2 inch Meter
$35.75
2 inch Meter
$47.55
3 inch Meter
$102.40
4 inch Meter
$201.30
6 inch Meter
$276.40
8 inch Meter
$385.95
10 inch Meter
$553.05
A
SUMMER
Billing months of
MAY through OCT.
$5.35
(2) Volume Charge
MINIMUM BILLING
Facility Charge
PAYMENT
Rate Per 1,000 Gallons
WINTER
Billing months of
NOV. through APRIL
$4.65
SUMMER
Billing months of
MAY through OCT.
$6.15
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall be
provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the water consumption shall be based on the consumption during the billing period.
Formula:
Gallons consumption X Rate per 1,000 gallons
1,000
COMMERCIAL /INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN
CONDITIONS — ORDINANCE NO. 2012 -064.
Under Stage 3 drought conditions, Commercial /Industrial customers shall be charged a 20%
surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30)
days.
Under Stage 4 drought conditions, Commercial /Industrial customers shall be charged a 20%
surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30)
days.
0
SCHEDULE WFH
METERED WATER FROM FIRE HYDRANT
(Effective 10/01/13)
APPLICATION
Applicable for all water taken through a fire hydrant or other direct distribution line source at one
location for private or commercial use not associated with fire fighting. Customers must complete,
sign, and agree to all terms and conditions stated in the "Fire Hydrant Meter Use Agreement."
DEPOSIT $1,100 per meter
User shall place a deposit each time a City's hydrant meter(s) is requested. The deposit will be
returned when meter is returned and final bill is paid.
NET RATE
Volume Charge $5.05 per 1,000 gallons
Monthly volume shall be computed by subtracting the beginning meter reading from the ending
meter reading divided by 1,000, and multiplied times the volume charge, upon the monthly return of
the meter to the Water Department for reading. Per the "Fire Hydrant Meter Use Agreement ", failure
by the Customer to return the meter to water utilities by the 3rd day of each month for reading, results
in acceptance by the Customer to pay a monthly billing equal to 100,000 gallons of water usage for
the month.
Facility Charge $98.35 per bill
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
COMMERCIAL /INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN
CONDITIONS — ORDINANCE NO. 2012 -064.
Under Stage 3 drought conditions, Commercial /Industrial customers may be charged a 20%
surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30)
days.
Under Stage 4 drought conditions, Commercial /Industrial customers may be charged a 20%
surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30)
days.
9
SCHEDULE WW
WHOLESALE TREATED WATER SERVICE
TO UPPER TRINITY REGIONAL WATER DISTRICT
(Effective 10/01/13)
APPLICATION
Applicable to all wholesale treated water sales from the City of Denton, Texas to the Upper Trinity
Regional Water District (UTRWD)
Not applicable for temporary, standby, or supplementary service.
MONTHLY CHARGES
The monthly charge for service shall be expressed as a facility charge, a volume price per 1,000
gallons and a demand price per million gallons per day (MGD) of demand.
(WW2 /WW3) (1) Facility Charge
(2) Water Volume Rate
(WD2/WD3) (3) Subscribed Demand Rate
*Full Payment of Annual Water Demand Adjustments:
$249.00 per bill
$0.50 per 1,000 gallons
$576 105 per MGD (Annual)
12 (Paid Monthly)
As detennined in the last month of each fiscal year (September), if any outstanding or unpaid
annual water demand adjustment charges exist, they shall be included in their entirety on the
monthly billing for the following month of October. Water demand adjustment charges shall
be billed and payable in full, in accordance with the bill payment delinquency provisions
provided for below.
MINIMUM BILLING
The minimum monthly billing shall be the sum of the monthly facility charge plus the monthly
subscribed demand rate charge.
WATER DEMAND
The demand will be billed on a monthly basis at the Water Demand Rate for the subscribed MGD
water demand level. Annual water demand charges will be retroactively adjusted up beginning in
June for each water year, if anytime during the fiscal year the actual peak demand required, as
established by the highest rate of flow controller setting for any one day during the fiscal year, is
greater than the peak demand subscribed during the fiscal year.
10
BILL PAYMENT DELINQUENCY
Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within
twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10 %) percent
per annum interest charge on the amount due, from the date when due until paid, if not paid within
twenty (20) calendar days of the date a bill for service is rendered.
11
SCHEDULE WRW
WHOLESALE RAW WATER SERVICE TO
UPPER TRINITY REGIONAL WATER DISTRICT
(Effective 10/01/13)
APPLICATION
Applicable to all raw water sales from the City of Denton, Texas to the Upper Trinity Regional Water
District (UTRWD), per the Interim Sale of Wholesale Raw Water Contract
MONTHLY CHARGES
The monthly charge for service shall be expressed as a volume price per 1,000 gallons.
Volume Charge: $0.4552 per 1,000 gallons
PAYMENT
Denton shall render bills by the tenth (10t) day of each month. Bills shall be due and payable within
twenty (20) calendar days of the date a bill is rendered.
BILL PAYMENT DELINQUENCY
Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within 20
calendar days of the date a bill for service is rendered. There shall be a ten (10 %) percent per annurn
interest charge on the amount due, from the date when due until paid, if not paid within twenty (20)
calendar days of the date a bill for service is rendered.
12
SCHEDULE WCL
WHOLESALE RAW WATER PASS - THROUGH TO
UPPER TRINITY REGIONAL WATER DISTRICT
FROM LAKE CHAPMAN INTO LAKE LEWISVILLE
(Effective 10/01/13)
APPLICATION
Applicable to all pass - through raw water sent from Lake Chapman into Lake Lewisville by the Upper
Trinity Regional Water District ( UTRWD) per the Cooper Reservoir Project Contract, as well as, all
Lake Chapman water reclaimed for reuse if discharged into and subsequently withdrawn from
Lewisville Lake by UTRWD or Lewisville pursuant to a reuse permit or other appropriate regulatory
authorization.
MONTHLY CHARGES
The monthly charge for service shall be expressed as a volume price per 1,000 gallons.
Volume Charge: $0.0253 per 1,000 gallons
PAYMENT
Denton shall render bills monthly. Bills shall be due and payable within twenty (20) calendar days of
the date a bill for service is rendered.
BILL PAYMENT DELINQUENCY
Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within
twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10 %) percent
per annum interest charge on the arnount due, from the date when due until paid, if not paid within
twenty (20) calendar days of the date a bill for service is rendered.
13
WATER TAP AND METER FEES
(Effective 10/01/13)
APPLICATION
This schedule applies to the installation, removal, or relocation of water taps and meters by the City
of Denton Utility Department at the request of a person, firm, association or corporation.
TAP AND METER FEES
Any person, association of persons, or corporation that requests that a water main tap, water meter or
water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance
to the Utility Department the following applicable fees:
WATER TAPS WITH METER
Tap
Meter
Paved Street
Unpaved Street
1 inch
5/8 inch x 3/4 inch
$2,105.00
$1,305.00
1 inch
3/4 inch x 3/4 inch
$2,145.00
$1,345.00
1 inch
1 inch
$2, 175.00
$1,375.00
2 inch
1 -1/2 inch
$2,970.00
$1,970.00
2 inch
2 inch
$2,980.00
$1,980.00
WATER METER FEES
Size of Meter
5/8 inch x 3/4 inch $305.00
3/4 inch x 3/4 inch $345.00
1 inch $375.00
1 -1/2 inch $670.00
2 inch $680.00
WATER METER RELOCATIONS
Size of Meter Relocation of 10 Feet or Less
3/4 inch
$285.00
1 inch
$285.00
1 -1/2 inch
$340.00
2 inch
$390.00
WI
WATER LINE TAPS
Size of Tap
Paved Street
Unpaved Street
1 inch
$1,800.00
$1,000.00
2 inch
$2,300.00
$1,300.00
4 inch
$3,600.00
$2,100.00
6 inch
$3,800.00
$2,200.00
8 inch
$4,800.00
$3,100.00
12 inch
$5,500.00
$4,000.00
FEES FOR INSTALLATIONS NOT LISTED
For the installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in
advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an
administrative charge of 20 %. Upon completion of the installation, the applicant shall be billed at
actual cost, as deternlined by the Utility Department, plus a 20% administrative charge.
The installation charges may be waived by the Utility Department for a request to install taps
exclusively dedicated to fire sprinkler systems.
15
FIRE HYDRANT INSTALLATION
(Effective 10/01/13)
APPLICATION
This schedule applies to the installation, removal, or relocation of fire hydrants by the City of
Denton Utility Department at the request of a person, firm, association or corporation.
FIRE HYDRANT INSTALLATION FEES
Any person, association of persons, or corporation that requests that a fire hydrant be removed,
installed, or relocated by the Utility Department shall pay in advance to the Utility Department the
following applicable fees:
Fire Hydrant Installation Paved Street Unpaved Street
Installation Fee $5,350.00 $3,950.00
FEES FOR INSTALLATIONS NOT LISTED
For the installation of a fire hydrant for which a fee is not specified, the requestor shall pay in
advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an
administrative charge of 20 %. Upon completion of the installation, the applicant shall be billed at
actual cost, as determined by the Utility Department, plus a 20% administrative fee.
16
WATER LABORATORY TESTING FEES
(Effective 10/01/13)
APPLICATION
Applicable to all customers and entities requesting testing and analysis services from the City of
Denton Water /Wastewater Laboratory
R A TF
Fee Description Fee Per Test
Colilert (P /A) $20.00
Colilert Quantitray (MPN) $25.00
Heterotrophic Plate Counts (HPC) $25.00
Fecal Coliform (MF) $30.00
Records Search $25.00 /hour
The testing and analysis fees are established to recover the cost of testing water and wastewater
samples.
MINIMUM BILLING
$20.00 - Testing
$25.00 - Records Search
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
17
SPECIAL FACILITIES RIDER
(Effective 10/01/13)
All service shall be offered from available facilities. If a Customer service request for a special or
unusual service not otherwise provided for by the water rate ordinance, and/or requires facilities or
devices which are not normally and readily available at the location at which the Customer requests
the service, then the City shall provide the service subject to the requirements of paragraph 2 of this
Rider.
The total cost of all facilities required to meet the Customer's special requirements, which are
incurred by the City in connection with rendering the service shall be subject to a special contract
entered into between the Water Utility Department and the Customer. This contract shall be signed
by both parties prior to the City providing the requested service to the Customer.
SPECIAL CONDITIONS RIDER
(Effective 10/01/13)
If a special condition or circumstance exists not otherwise provided for by the water rate ordinance,
then the City shall have the authority to provide for the special condition subject to the requirements
of paragraph 2 of this Rider.
Any billing adjustments in connection with any special condition or circumstance shall be at the
discretion of the Director of Water Utilities or his designee.
M
SECTION 2. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent or in conflict with the terms of provisions
contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to
the extent of any such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. The Schedule of Rates herein adopted shall be effective, charged and applied
to all water consumption occurring on and after October 1, 2013; and a copy of said rates, fees, and
charges shall be maintained on file in the Office of the City Secretary of Denton, Texas.
PASSED AND APPROVED this the day of 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
f
By:
MARK A. BURROUGHS, MAYOR
19
u�dgO Coir ,e i'0 .nru..Aa V.+
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Library
ACM: Bryan Langley Z
SUBJECT
Consider adoption of an ordinance adopting a new Section 2 -160 of the City Code which
establishes a maximum fine cap for overdue Library items when items are returned in good
condition; repealing all ordinances in conflict therewith; providing a severability clause;
providing for a penalty clause; and providing for an effective date. The Library Board
recommends approval (4 -0).
BACKGROUND
The current fine stricture for overdue or missing items caps fines at the purchase price of the
item. This practice often leads to a purchasing mindset for customers who, after paying the total
fine, conclude the item is theirs to keep.
With this proposal, the maximum fine per item will be capped at $10 with return of the item in
good condition. This creates an incentive for item return and lowers the overhead cost associated
with replacing the item, offsetting any loss of revenue for total item cost recovery. This proposal
will only affect items with a purchase price value over $10.
Adoption of this ordinance will encourage the return of library materials and retain customer
satisfaction and use of the library. Also, we recommend the establishment of a $10 fine cap per
item for ease of computing by staff and customers.
PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS)
This proposal has the approval of the Library Board, voting August 12, 2013. A study of the
matter was conducted by Kimberly Wells, North Branch Manager, and included fine cap
practices of similar libraries in Texas and the U.S.
On September 3, 2013, an Informal Staff Report was sent to the City Council concerning this
issue. This Informal Staff Report is attached as Exhibit 2.
RECOMMENDATION
Adoption of ordinance.
Agenda Information Sheet
September 17, 2013
Page 2
FISCAL IMPACT
Adoption of this policy at the beginning of a new fiscal year will provide an accurate template
for revenue comparison.
EXHIBITS
1. August 12, 2013 Library Board Minutes
2. Informal Staff Report
Respectfully submitted:
Terri Gibbs
Director of Libraries
EXHIBIT 1
Denton Public Library
Minutes of Library Board
South Branch Library
August 12, 2013
In attendance: Jean Greenlaw, Frank Mayhew, Maria Luna, Anyah Martinez
Staff: Bryan Langley, Terri Gibbs, Kimberly Wells
Meeting called to order by Board President, Jean Greenlaw at 5:30 PM.
There were no members of the public present.
Minutes from the June 10th, 2013 meeting were approved.
The Board approved the meeting schedule of meetings for 2013 -2014. Outgoing Board members Maria
Luna and Anyah Martinez agreed to serve on the Board through September while City Council appoints
new members.
Director's Report
The library is conducting a survey throughout August to inform the creation of a new strategic
plan. The library is emailing an electronic version to specific groups, conducting the survey with
paper copies at library locations, posting on the Library's webpage and visiting places such as
the Senior Center /Denton Square area. The survey ends August 31ST. Library staff will compile
the data and present a report in the fall.
City leaders will present two library project proposals as part of an overall budget to City
Council:
• Construction of a ADA ramp to replace the existing lift at Emily Fowler Central Library
• Creation of a Maker Space technology center at North Branch.
Adoption of the budget is scheduled for September 171H
Foundation account balances:
• Foundation - $84,992.22
• Investment - $3,008.74
Staff Report: Kimberly Wells, North Branch Manager and Circulation Supervisor presented a proposal to
establish a maximum fine of $10 per item if the item is returned in good condition. Kimberly explained
that currently, the maximum fine is the cost of the item and library customers have complained that by
paying the amount of the book they have purchased the item and will not return the item to the library.
Lowering the fine will provide an incentive to customers to return the items which benefits the library
EXHIBIT 1
by cutting overhead costs to repurchase the items and by minimizing unpleasant exchanges. The
community benefits as well as items are returned to the shelves for others to check out.
After some discussion, Frank Mayhew made a motion to approve the new maximum fine of $10 and
Anyah Martinez gave a second to the motion. The proposal was approved unanimously by the Library
Board.
There was no official Friends of the Library report but it was noted a book sale had occurred the
previous Saturday and was well attended.
There being no new business, meeting adjourned at 6:10 PM
Next Meeting: North Branch, September 9, 5:30 PM
Date: 9/3/13
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Creation of a maximum fines ordinance for the Denton Public Library.
Report No. 2013 -084
BACKGROUND:
When a library customer fails to renew or return an item after the due date, fines begin to accrue.
These fines will accrue until they reach the cost of the item, which is at that time considered
missing. Often, library customers will eventually find the item in question and inquire about their
fine amount. When they are told the amount of the fine, they then ask about the cost of the item.
When told that amount is the same, they have several options:
1. Return the item and not pay the fine, losing their borrowing privileges and perhaps going
to collections.
2. Pay the fine and keep the item. (While this is not our procedure, it is a real reaction to the
process by customers.)
3. Pay the fine and return the item.
For the customer, there is no incentive to return the item and pay the full purchase price of that
item in the form of fines. If the fines are paid and the item not returned, the library has to
repurchase that item and pay the overhead costs associated with that purchase, staff time and
processing charges. Additionally, the item is unavailable for use by other citizens during this
process.
The library would like to provide another option which will benefit the customer and library
workflow process. To this end, staff is proposing a maximum fine per item which will be capped
at $10 with return of the item in good condition. Items unreturned will still be valued at the total
item cost and remain on the customer account. This creates an incentive for item return and
lowers the overhead cost associated with replacing the item, offsetting any loss of revenue for
total item cost recovery. This proposal will only affect items with a purchase price value over
$10.
RECOMMENDATION:
Staff recommends that the City Council adopt a maximum fines ordinance in order to encourage
the return of library materials and retain customer satisfaction and use. Other libraries employing
this procedure include Texas libraries: Dallas Public Library, Aubrey Public Library, and San
Antonio Public Library. The maximum fine is recommended to be set at $10 per item. This is a
reasonable median cost, and it will allow for ease of computing by staff and customers alike.
The Library Board reviewed the fine proposal in August and recommended that it be approved.
Staff is proposing to implement the new fine policy in FY 2013 -14 which begins on October 1,
2013. As a result, staff will ask the City Council to approve the new fine limit as a consent item
on the September 17th agenda. Unless directed otherwise, staff will proceed with placing this
item on the City Council consent agenda. However if any member of the City Council has
Date: 9/3/13
Report No. 2013 -084
questions or would like to review this item in more detail, please let me know and I will schedule
a work session with the entire City Council to discuss.
STAFF CONTACT:
Terri Gibbs, Director of Libraries
(940) 349 -8776
terri.gibbs @cityofdenton.com
sAlegal \our documents \ordinances \13 \library amendment.docx
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEW SECTION 2 -160 OF THE CITY CODE WHICH
ESTABLISHES A MAXIMUM FINE CAP FOR OVERDUE LIBRARY ITEMS WHEN
ITEMS ARE RETURNED IN GOOD CONDITION; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Director of Libraries has recommended certain changes to Article V
"Library" of Chapter 2 of the City Code providing for a maximum limit on fines, per item, when
the item is returned to the Library in good condition; and
WHEREAS, the City Council has determined that these changes to Article V "Library"
of the City Code are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article V Library, of Chapter 2 of the City Code is hereby amended by
adding thereto a new Section 2 -160 which shall read as follows:
ARTICLE V. LIBRARY
DIVISION 1. GENERALLY
Sec. 2 -160. Maximum Fines.
Fines accrued for the non - return of checked out items shall be limited to a maximum
amount of $10.00 when the item is returned in good condition as determined by library staff.
Provided, however, that this limitation shall not apply to items with an original acquisition cost
of $10.00 or less. In such event the fines shall be limited to the amount of the original
acquisition cost of the said item.
SECTION 2. A person violating a provision of this Ordinance may be fined up to a
maximum fine of five hundred dollars ($500.00). A person is guilty of a separate offense for
each day or part of a day during which the violation is committed, continued or permitted.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid, by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. All provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force
and effect.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
Page 1 of 2
published twice in the Denton Record - Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I.i
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:.... R_�
2013
MARK A. BURROUGHS, MAYOR
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Finance
ACM: Bryan Langley � -A
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, establishing
a Downtown Reinvestment Fund; defining and committing certain revenues of the City;
providing a severability clause; and providing an effective date. The Audit/Finance Committee
recommends approval (3 -0).
BACKGROUND
The Governmental Accounting Standards Board (GASB) has adopted Statement No. 54, which
states that Special Revenue Funds are used to account for specific revenue sources that are
restricted or committed to expenditures for purposes other than debt service or capital projects.
In order to comply with GASB 54, the City Council must adopt an ordinance specifying its intent
to create a Special Revenue Fund and commit specific revenues.
In conjunction with the FY 2013 -14 Proposed Budget, the City Council directed staff to create a
Special Revenue Fund to be called the Downtown Reinvestment Fund. The purpose of the fund
will be to account for "grants" provided to downtown businesses in accordance with the City's
Downtown Reinvestment Grant Program, which is managed by the City's Economic
Development Department. This fund will further allow unspent funding to be rolled over from
one year to the next and utilized in future years. In order to create this fund, staff is
recommending that the City Council adopt an ordinance committing $100,000 in mixed beverage
taxes previously accounted for in the General Fund. This revenue will provide a dedicated
mechanism to account for downtown reinvestment activities. Furthermore, a transfer of all
unspent funds from the General Fund FY 2012 -13 unassigned fund balance to the Downtown
Reinvestment Fund is proposed.
PRIOR ACTION/REVIEW
On August 20, 2013, the Audit/Finance Committee discussed this item and recommended
approval to the City Council by a vote of 3 -0.
RECOMMENDATION
Staff recommends that the City Council approve the attached ordinance establishing the
Downtown Reinvestment Fund.
Agenda Information Sheet
September 17, 2013
Page 2
EXHIBITS
1. Ordinance
Respectfully submitted
Chuck Springer, 349 -8260
Director of Finance
Exhibit 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ESTABLISHING A DOWNTOWN REINVESTMENT FUND; DEFINING AND
COMMITTING CERTAIN REVENUES OF THE CITY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton elects to establish a Special Revenue
Fund to be called the Downtown Reinvestment Fund; and
WHEREAS, the Governmental Accounting Standards Board ( "GASB ") has adopted
Statement 54, which states that Special Revenue Funds are used to account for and report the
proceeds of specific revenue sources that are restricted or committed to expenditures for
specified purposes other than debt service or capital projects; and
WHEREAS, the City Council of the City of Denton elects to commit $100,000 annually
of the mixed beverage taxes previously accounted for in the General Fund for downtown
reinvestment activities beginning with fiscal year ending September 30, 2014; and
WHEREAS, the City Council of the City of Denton approved a budget of $100,000 for
FY 2012 -13 for downtown reinvestment activities and elects to commit and transfer any unspent
balance from the General Fund unassigned fund balance for the fiscal year ending September 30,
2013 to the Downtown Reinvestment Fund; and
WHEREAS, the City Council of the City of Denton elects to establish the Downtown
Reinvestment Fund in conjunction with its financial statements beginning with fiscal year ending
September 30,2013; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby creates the Downtown Reinvestment Fund, an
official fund of the City of Denton, Texas.
SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 7,/V 7Z
Page 2
sAlegal \our documents \ordinances \13 \downtown reinvestment fund ord.doc
u�dgO Coir sei'0 , eu_Aa J
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Terry Kader at 349 -8729
ACM: Bryan Langley i-A
SUBJECT
Consider adoption of an ordinance accepting competitive bids by way of an Interlocal
Agreement with Tarrant County and awarding a contract for the purchase of nine (9) Chevrolet
Tahoes for the City of Denton Police Department; providing for the expenditure of funds
therefor; and providing an effective date (File 5335- awarded to Johnson Grayson Automotive,
Inc. in the amount of $245,706.75).
FILE INFORMATION
These Police Tahoes are replacements for 2006 and 2007 model Crown Victorias that have met
City of Denton Fleet Replacement Criteria. The vehicles were approved in the Fiscal Year 2013-
14 Vehicle Replacement Plan and are included in the Fiscal Year 2013 -2014 Annual Operating
Budget. Quotes were received from three (3) Cooperative Purchasing Vendors and also the local
General Motors dealership. Exhibit 1 reflects the quotes received from these vendors and Exhibit
2 provides information regarding the vehicles being replaced. The current vehicles will be
auctioned when taken out of service.
General Motors has an early factory build cutoff of August 22, 2013 for the Fiscal Year 2014
Tahoe models. Therefore, a Letter of Intent was issued to purchase the nine (9) Tahoes for the
City of Denton, contingent upon Council approval. Equipment for these vehicles will be
purchased with Fiscal Year 2013 -2014 Certificate of Obligation funds.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The City Council approved the replacement schedule for these vehicles as part of the Fiscal Year
2013 -2014 Budget process.
RECOMMENDATION
Award the purchase of Police vehicles through the Tarrant County Cooperative Purchasing
Network Contract 42012 -151 to Johnson Grayson Automotive, Inc. for a total award amount of
$245,706.75.
PRINCIPAL PLACE OF BUSINESS
Johnson Grayson Automotive, Inc.
Whitesboro, TX
Agenda Information Sheet
September 17, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
The purchase and delivery of vehicles and equipment will occur within 90 days of purchase
order issuance.
FISCAL INFORMATION
These items will be funded from Certificate of Obligation account 810148466.1355.30100.
Requisition 4114481 has been entered in the Purchasing software system.
FXHTUTTC
Exhibit 1: Comparison of Price Quotes /Quote from Johnson Grayson Automotive, Inc.
Exhibit 2: Vehicle Replacement List
Respectfully submitted
Chuck Springer, 349 -8260
Director of Finance
I -.CIS -File 5335
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Holiday Ford and Holiday Chevrolet
(DBA: Johnson Grayson Automotive, Inc.)
1009 Highway 82 W
Whitesboro, TX 76273
City of Denton
Accounts Payable
215 East McKinney St.
Denton, Texas 76201
Pricing per Tarrant County Cooperative Contract Mo, 2012.151
Exhibit 1
2014 POLICE TAHOES
REVISED 01
Iiatc ;-
7/31/2013
Qust
Mike Heivitt
EOf I It o
n3ike @defenderstipply.eom
By -
6680
(903)564 -5641
...;C`e "ston>er Contact
Robin
Qust
940 -349 -8423.
st�n�ate #
6680
2014 Chevrolet Tahoe PPV, 5.3 V8 Engine, Auto Transmission, 41U Blade with White Doors, Content Theft 27,277.00 9 245,493,00
Alarm, Grill Lamp and Speaker Wiring, HomlSiren Circuit Wiring, inoperative Rear Door Handles, Locks, and
windows, Common Fleet Keyed Alike, Daytime Running tight Delete, Rear Locking Differential, Wring
Provisions for Headlamp and Tail Lamp Flashing, Dual Battery
2 year State inspection oWliate 1 23.75 1 9 1 213.75
Final sale amount may be subject to
state and local sales tax.
SIGNATURE
Vehicle and Emergency Equipment Total $245,706.75
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF NINE (9) CHEVROLET TAHOES FOR THE
CITY OF DENTON POLICE DEPARTMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 5335- AWARDED TO JOHNSON GRAYSON AUTOMOTIVE, INC. IN THE
AMOUNT OF $245,706.75).
WHEREAS, pursuant to Ordinance 95 -175, Tarrant County, Texas has solicited,
received and tabulated competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedure of state law on behalf
of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and
recommended that the herein described materials, equipment, supplies or services can be
purchased by the City through the Tarrant County Cooperative Purchasing programs at
less cost than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the
appropriation of funds to be used for the purchase of the materials, equipment, supplies or
services approved and accepted herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "File Number" listed hereon,
and on file in the office of the Purchasing Agent are hereby accepted and approved as
being the lowest responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
5335 Johnson Grayson Automotive, Inc. $245,706.75
SECTION 2. By the acceptance and approval of the above numbered items set
forth in the attached purchase orders, the City accepts the offer of the persons submitting
the bids to Tarrant County for such items and agrees to purchase the materials,
equipment, supplies or services in accordance with the terms, conditions, specifications,
standards, quantities and for the specified sums contained in the bid documents and
related documents filed with Tarrant County (Bid 2010 -046), and the purchase orders
issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted
items wish to enter into a formal written agreement as a result of the City's ratification of
bids awarded by the Tarrant County, the City Manager or his designated representative is
hereby authorized to execute the written contract which shall be attached hereto; provided
that the written contract is in accordance with the terms, conditions, specifications and
standards contained in the Proposal submitted to the Tarrant County, quantities and
specified sums contained in the City's purchase orders, and related documents herein
approved and accepted.
SECTION 4. By the acceptance and approval of the above numbered items set
forth, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approval purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION 5. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4 -ORD -5335
u�dgO Coir sei'0 ,geu_Aa K
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley 1 -4
SUBJECT
Consider adoption of an ordinance awarding a contract for the purchase of software maintenance
for the City of Denton for continued vendor support of the Oracle EnterpriseOne (formerly
PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) software as awarded by the State
of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract
Number DIR- VPC -03 -018; providing for the expenditure of funds therefor and providing an
effective date. (File 3100 awarded to Oracle America, Inc. in the three (3) year not -to- exceed
amount of $550,000).
FILE INFORMATION
The City of Denton uses the Oracle EnterpriseOne software package for Job Cost, Warehouse
Inventory, Procurement, Financials, General Ledger Accounting, Human Resources, Employee
Information, and Payroll. It is essential for the City of Denton to keep current maintenance with
the software vendor in order to ensure availability of upgrades, software fixes, and access to
knowledge and support resources. The Technology Services department could not identify any
local vendors that could provide software maintenance for this application. Therefore, procuring
this maintenance from the above vendor is the best value for the City of Denton.
RECOMMENDATION
Award to Oracle America, Inc. for Oracle EnterpriseOne software maintenance in the three (3)
year not -to- exceed amount of $550,000. The not -to- exceed amount includes an estimated amount
for years 2 and 3 of the DIR contract and a contingency for additional licenses and support that
may be needed as City services are added.
PRINCIPAL PLACE OF BUSINESS
Oracle America, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
October 1, 2013 through September 30, 2016.
Agenda Information Sheet
September 17, 2013
Page 2
FISCAL INFORMATION
Funding is budgeted in Technology Services operating account number 830400.6504 starting
October 1, 2013.
EXHIBITS
Exhibit 1: Quote from Oracle America, USA
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 3100
Exhibit 1
ORACLE®
2- Jul -13
Bobbie Arashiro
City of Denton
215 E McKinney St
DENTON
TX 76201
United States
Dear Bobbie Arashiro
The technical support services provided under support service number 5546615 will expire, or have
expired, on 31- Oct -13. Please find attached an ordering document for the renewal of these technical
support services. If applicable, the attached ordering document may include technical support services
that you have requested to order that are in addition to the technical support services that you are
renewing.
To prevent interruption to and/ or termination of technical support services, please complete your order for
the renewal of technical support services, identified in the ordering document, by issuing a form of
payment acceptable to Oracle in accordance with the Order Processing Details section of the ordering
document on or before 2- Oct -13.
Please note the following current promotions:
• Oracle University: Take advantage of a promotion to purchase a 20% discounted, prepaid
Learning Credit account from Oracle University. This promotion is valid 90 days prior to and 30
days following the expiration date specified above. This promotion is not valid in conjunction with
any other Oracle University discounts or promotions, for US public- sector customers, or as
otherwise prohibited by law. A minimum order of USD1,000 is required. Please visit
httD: / /education.oracle.com /renewaloffer for more details and to order your prepaid Learning
Credit account.
• Oracle Advanced Customer Support Services: Oracle Premier Support customers are eligible
for a 10% discount on Oracle Priority Service. This promotion is valid 90 days prior to and 30
days following the expiration date specified above. This promotion is not valid in conjunction with
any other Oracle Advanced Customer Support Services discounts or promotions, for US
public- sector customers, or as otherwise prohibited by law. A minimum order of USD50,000 is
required. Please contact your Oracle Advanced Customer Support Services representative for
details. For more information on Oracle Priority Service, please visit
httD: / /wwwe oracle ecom /aoto /prioritvserviceoffer.
If you have questions regarding your order or require further information, please contact me at the e-mail
address or telephone number provided below.
Regards,
Jason Haydel
Oracle Support Services
E -mail: jason.haydel @oracle.com
Tel.: (512)671 -5652
Fax:
Page 1 of 8
RL_G1oba1_v020413
Support Service Number: 5546615
ORACLE®
GENERAL INFORMATION
OFFER EXPIRATION
ORACLE: Oracle America, Inc.
Support Service
Oracle Support
Number:
5546615
Sales
Jason Haydel
Representative:
Offer Expires:
31- Oct -13
Telephone:
(512)671 -5652
Fax:
E -mail:
jason.haydel @oracle.com
CUSTOMER: City of Denton
CUSTOMER
CUSTOMER
QUOTE TO
BILL TO
Account Contact:
Bobbie Arashiro
Account Contact:
Accounts Payable*
Account Name:
City of Denton
Account Name:
City of Denton, Texas
Address:
215 E McKinney St
Address:
215 E. McKinney Street
DENTON
DENTON
TX 76201
TX 76201
United States
United States
Telephone:
940 3498562
Telephone:
Fax:
Fax:
E -mail:
E -mail:
accountspayable @cityofdent
on.com
"You" and "Your" as referenced in this ordering document refers to the Customer identified in the table
above.
Oracle may provide certain notices about technical support services via e -mail. Accordingly, please verify
and update the Customer Quote To and Customer Bill To information in the above table to help ensure
that You receive such communications from Oracle. If changes are required to the Customer Quote To
and Customer Bill To information, please e -mail or fax the updated information, with Your support service
number 5546615, to Your Oracle Support Sales Representative identified in the table above.
Page 2 of 8
RL_G1oba1_v020413
Support Service Number: 5546615
SERVICE DETAILS
Program Technical Support Services
Service Level: Software Update License & Support
Product Description
CSI #
Qty
License License
Start Date
End Date
Price
18596786 200
Foundation (included in Suite)
LIMITED
Metric Level /
18596786 200
Management (included in Suite)
JD Edwards EnterpriseOne
18596786 200
Service Management (included
Type
in Suite)
1- Nov -13
JD Edwards EnterpriseOne
JD Edwards EnterpriseOne
18596786
1400
LIMITED
1- Nov -13
31- Oct -14
42,067.98
Human Resources - Employee
31- Oct -14
JD Edwards EnterpriseOne
USE
Service Management Foundation
OTHER
(included in Suite)
Perpetual
LIMITED
1- Nov -13
OTHER
USE
JD Edwards EnterpriseOne
18596786
1400
LIMITED
1- Nov -13
31- Oct -14
51,163.70
Payroll - Employee Perpetual
OTHER
USE
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
OTHER
JD Edwards EnterpriseOne Time
18596786
1400
LIMITED
1- Nov -13
31- Oct -14
25,013.42
and Labor - Employee Perpetual
USE
OTHER
Oracle Technology Foundation
18596786
200
LIMITED
1- Nov -13
31- Oct -14
17,054.58
for JD Edwards EnterpriseOne -
USE
Application User Perpetual
OTHER
Program Technical
Support Fees:
USD
135,299.68
Program Technical Support Services
Service Level: Software Update License & Support - Custom Application Suite #1
Product Description CSI # Qty
JD Edwards EnterpriseOne Real
18596786 200
Estate Management (included in
Metric Level /
Suite)
JD Edwards EnterpriseOne CRM
18596786 200
Foundation (included in Suite)
LIMITED
JD Edwards EnterpriseOne Case
18596786 200
Management (included in Suite)
JD Edwards EnterpriseOne
18596786 200
Service Management (included
in Suite)
1- Nov -13
JD Edwards EnterpriseOne
18596786 200
Configurator (included in Suite)
JD Edwards EnterpriseOne
18596786 200
Manufacturing Management
LIMITED
(included in Suite)
31- Oct -14
JD Edwards EnterpriseOne
18596786 200
Service Management Foundation
OTHER
(included in Suite)
Page 3 of 8
RL_Global_v020413
License License
Start Date
End Date
Metric Level /
Type
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
Support Service Number: 5546615
Program Technical Support Services
Service Level: Software Update License & Support - Custom Application Suite #1
Product Description CSI # Qty
JD Edwards EnterpriseOne
18596786 200
Project Costing (included in
Metric Level /
Suite)
JD Edwards EnterpriseOne
18596786 200
Contract and Service Billing
LIMITED
(included in Suite)
31- Oct -14
JD Edwards EnterpriseOne
18596786 200
Transportation Management
OTHER
(included in Suite)
JD Edwards EnterpriseOne
18596786 200
Warehouse Management
USE
(included in Suite)
JD Edwards EnterpriseOne
18596786 200
Advanced Pricing (included in
LIMITED
Suite)
31- Oct -14
JD Edwards EnterpriseOne
18596786 200
Procurement and Subcontract
OTHER
Management (included in Suite)
JD Edwards EnterpriseOne
18596786 200
Sales Order Management
USE
(included in Suite)
JD Edwards EnterpriseOne
18596786 200
Inventory Management (included
LIMITED
in Suite)
31- Oct -14
JD Edwards EnterpriseOne
18596786 200
Advanced Stock Valuation
OTHER
(included in Suite)
JD Edwards EnterpriseOne
18596786 200
Quality Management (included in
USE
Suite)
JD Edwards EnterpriseOne
18596786 200
Requirements Planning (included
LIMITED
in Suite)
31- Oct -14
JD Edwards EnterpriseOne
18596786 200
Capital Asset Management
OTHER
(included in Suite)
JD Edwards EnterpriseOne
18596786 200
Agreement Management
USE
(included in Suite)
JD Edwards EnterpriseOne
18596786 200
Financials (included in Suite)
LIMITED
JD Edwards EnterpriseOne
18596786 200
System Foundation (included in
Suite)
OTHER
JD Edwards EnterpriseOne Bulk
18596786 200
Stock Inventory (included in
1- Nov -13
Suite)
USE
Page 4 of 8
RL_Global_v020413
License License
Start Date
End Date
Metric Level /
Type
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
LIMITED
1- Nov -13
31- Oct -14
USE
OTHER
Support Service Number: 5546615
Program Technical Support Fees: USD 0.00
Total Price: USD 135,299.68
Plus applicable tax
Please note the following:
• If You have questions regarding the Services Details section of this ordering document, or believe
that corrections are required, please contact Your Oracle Support Sales Representative identified
on the first page of this ordering document.
• Please review Oracle's technical support policies, including the Lifetime Support Policy, before
entering into this ordering document. If Your programs and/ or hardware are identified in Oracle's
Lifetime Support policy they may move to a different services level during the term of the services
purchased under this ordering document. If extended support is offered, an additional fee will be
charged for such support if ordered. If You would like to purchase extended support please
contact Your Oracle Support Sales Representative identified on the first page of this ordering
document.
• If Oracle accepts Your order, the start date set forth in the Services Detail table above shall serve
as the commencement date of the technical support services and the technical support services
ordered under this ordering document will be provided through the end date specified in the table
for the applicable programs and/ or hardware.
• If any of the fields listed in the Services Detail table above are blank, then such fields do not apply
for the applicable programs and /or hardware for which You are purchasing technical support
services.
Page 5 of 8
RL_Global_v020413
Support Service Number: 5546615
TECHNICAL SUPPORT SERVICES TERMS
If the Customer and the Customer Quote To name identified in the General Information table above are
not the same, City of Denton represents that Customer has authorized City of Denton to execute this
ordering document on Customer's behalf and to bind Customer to the terms described herein. City of
Denton agrees that the services ordered are for the sole benefit of Customer and shall only be used by
Customer. City of Denton agrees to advise Customer of the terms of this ordering document as well as
any communications received from Oracle regarding the services.
If the Customer and the Customer Bill To name identified in the General Information table above are not
the same, Customer agrees that: a) Customer has the ultimate responsibility for payments under this
ordering document; and b) any failure of City of Denton, Texas to make timely payment per the terms of
this ordering document shall be deemed a breach by Customer and, in addition to any other remedies
available to Oracle, Oracle may terminate Customer's technical support service under this ordering
document.
Technical support is provided under Oracle's technical support policies in effect at the time the services
are provided. The technical support policies are subject to change at Oracle's discretion; however,
Oracle will not materially reduce the level of services provided for supported programs and /or hardware
during the period for which fees for technical support have been paid. You should review the technical
support policies prior to entering into this ordering document. The current version of the technical support
policies may be accessed at httD: / /wwweoracle.COM /CIS /SU Ort /policies /indexehtml.
The technical support services acquired under this ordering document are governed by the terms and
conditions of the applicable agreement identified below ( "agreement "):
• The agreement that You executed for technical support services for the programs and/ or
hardware listed in the Services Details section above with Oracle or a vendor acquired by Oracle.
Any use of the programs and /or hardware, which includes updates and other materials provided
or made available by Oracle as a part of technical support services, is subject to the rights
granted for the programs and /or hardware set forth in the order in which the programs and /or
hardware were acquired; or
• If You do not have an existing agreement for technical support services with Oracle, or a vendor
acquired by Oracle, You agree that the terms of the Oracle License and Services Agreement
V053012 located at httD: / /www e oracle.com /us/ corporate / contracts /olsa ®services /indexehtml govern
the provision of technical support services ordered under this ordering document, as well as Your
rights to use updates and other materials provided or made available by Oracle under technical
support services. If applicable, You should review the Oracle License and Services Agreement
V053012 prior to entering into this ordering document.
This ordering document incorporates the agreement by reference. In the event of inconsistencies
between the terms contained in this ordering document and the agreement, this ordering document shall
take precedence.
Page 6 of 8 Support Service Number: 5546615
RL_Global_v020413
ORDER PROCESSING DETAILS
Your order is subject to Oracle's acceptance. Your order is deemed to be placed when You provide
Oracle with details for payment (e.g., Your purchase order, Your check, a credit card confirmation or
payment confirmation for the order as detailed below). Once placed, Your order shall be non - cancelable
and the sums paid nonrefundable, except as provided in the agreement.
Please note that if the pre -tax value of this ordering document is USD $2,000 or less, the technical
support services ordered (i) must be paid by credit card; or (ii) You must renew Your support via the
Oracle Store. Please contact Your Oracle Support Sales Representative for details regarding renewing
Your support via the Oracle Store.
Technical Support fees are invoiced Annually in Advance. All fees payable to Oracle are due within NET
30 DAYS from date of invoice.
Oracle will issue an invoice to you upon receipt of a purchase order or a form of payment acceptable to
Oracle. You agree to pay any sales, value -added or other similar taxes imposed by applicable law,
except for taxes based on Oracle's income. If City of Denton is a tax exempt organization, a copy of City
of Denton's tax exemption certificate must be submitted with City of Denton's purchase order, check,
credit card or other acceptable form of payment.
Purchase Order
If the technical support services on this ordering document will be ordered and paid under a purchase
order, the purchase order must include the following information:
- Support Service Number: 5546615
- Total Price: USD 135,299.68 (excluding applicable tax)
- Local Tax, if applicable
In issuing a purchase order, City of Denton agrees that the terms of this ordering document and the
agreement supersede the terms in the purchase order or any other non - Oracle document, and no terms
included in any such purchase order or other non - Oracle document shall apply to the technical support
services ordered under this ordering document.
Please e -mail or fax the purchase order to Oracle in accordance with the Remittance Details section
below. If the pre -tax value of this ordering document is USD $2,000 or less, the technical support services
ordered must be renewed via the Oracle Store. Please contact Your Oracle Support Sales
Representative for details regarding renewing Your support via the Oracle Store.
Check
If the technical support services on this ordering document will be ordered and paid by check, the check
must include the following information:
- Support Service Number: 5546615
- Total Price: USD 135,299.68 (excluding applicable tax)
- Local Tax, if applicable
In issuing a check, City of Denton agrees that only the terms of this ordering document and the
agreement shall apply to the technical support services ordered under this ordering document. No terms
attached or submitted with the check shall apply.
Page 7 of 8 Support Service Number: 5546615
RL_G1oba1_v020413
Please mail check payments in accordance with the Remittance Details section below.
Credit Card Confirmation
If the technical support services on this ordering document will be ordered and paid by credit card, please
complete the information in this section and return it to Oracle in accordance with the Remittance Details
section below. The credit card used to make payment must be valid for the entire support services term.
Please note that Oracle is unable to process credit card transactions of USD $100,000 or greater.
Credit Card Number
Expiration Date
Billing Address (associated with Credit Card)
City, State, and Zip (associated with Credit Card)
Authorized Signature
Name
In issuing this credit card confirmation, City of Denton agrees that only the terms of this ordering
document and the agreement shall apply to the technical support services ordered under this ordering
document. No terms attached or submitted with the credit card confirmation shall apply.
Remittance Details
Purchase orders, credit card details, or payment confirmation for the technical support services ordered
under this ordering document should be sent to:
Attn: Jason Haydel
Oracle Support Services
Fax:
E -mail: jason.haydel @oracle.com
Checks for the technical support services ordered under this ordering document should be sent to:
AK, AZ, CA, HI, ID, NV, OR, UT, WA:
Oracle America, Inc
PO Box 44471
San Francisco, CA 94144 -4471
All Other States:
Oracle America, Inc
PO Box 203448
Dallas, TX 75320 -3448
Page 8 of 8
RL_G1oba1_v020413
Support Service Number: 5546615
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SOFTWARE
MAINTENANCE FOR THE CITY OF DENTON FOR CONTINUED VENDOR SUPPORT OF
THE ORACLE ENTERPRISEONE (FORMERLY PEOPLESOFT ENTERPRISEONE
(FORMERLY JD EDWARDS ONEWORLD)) SOFTWARE AS AWARDED BY THE STATE OF
TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT
PROGRAM, CONTRACT NUMBER DIR- VPC -03 -018; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. (FILE 3100 AWARDED TO
ORACLE AMERICA, INC. IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF
$550,000).
WHEREAS, pursuant to Resolution 92 -019, the State of Texas 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 on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the State of Texas Department of Information Services Go Direct Program at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
NT TMRR VENDOR AMOUNT
3100 Oracle America, Inc. $550 000
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of
Texas Department of Information Services Go Direct Program for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents and
related documents filed with the State of Texas Department of Information Services Go Direct
Program, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the State of Texas Department of Information Services Go Direct
Program, the City Manager or his designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications and standards contained in the Proposal submitted to the
State of Texas Department of Information Services Go Direct Program, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3 -ORD -File 3100
u�dgO Coir se i3O Agei,Aa L
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley � -A
SUBJECT
Consider adoption of an ordinance awarding the expenditure of funds for service and support for
the City of Denton for continued vendor support of wireless access for mobile data computers
and devices as awarded by the State of Texas Department of Information Resources (DIR)
Contract Number DM -SDD -1777; providing for the expenditure of funds therfor; and providing
an effective date (File 3561 awarded to AT &T Mobility in the three (3) year not -to- exceed
amount of $886,207).
FILE INFORMATION
The City of Denton uses the AT &T Mobility 3G /4G /LTE Network along with a dedicated
network connection to the AT &T Network Operations Center and the Netmotion Virtual Private
Network Solutions to provide Public Safety Mobile Data Computer (MDC) wireless access to
the City Enterprise Network. This combination of networking, hardware, and software systems
provides public safety personnel direct access to public safety dispatching for Police and Fire,
the Records Management System, and the Denton Repeat Offender Program. This system is
certified by the Texas Law Enforcement Telecommunications System (TLETS) to access the
National Criminal Justice Information System network.
AT &T Mobility also provides other City departments direct access to the City's Network,
thereby affording direct access to web applications for Geographic Information System (GIS)
mapping and work order systems. It is essential for the City of Denton to maintain the current
wireless connectivity with the established vendor to ensure continued service and support of this
network system. Therefore, procuring this maintenance from the above vendor is the best value
for the City of Denton.
RECOMMENDATION
Award to AT &T Mobility for wireless connectivity in the three (3) year not -to- exceed amount of
$886,207. The not -to- exceed amount includes an estimated amount for years 2 and 3 of the DIR
contract and a contingency for additional phone lines and data plans that may be needed as City
services expand.
PRINCIPAL PLACE OF BUSINESS
AT &T Mobility
Hurst, TX
Agenda Information Sheet
September 17, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
October 1, 2013 through September 30, 2016.
FISCAL INFORMATION
Funding for Public Safety wireless computer access is budgeted in the Technology Services
operating account number 830700.7944 starting October 1, 2013. The cost of individual phones
and services for other City Departments will be charged to the operating account to which it is
assigned.
FXHTUTTC
Exhibit 1: Quote- Public Safety Departments
Exhibit 2: Quote —Non Public Safety Departments
Respectfully submitted:
C.��
Chuck Springer, 349 -8260
Director of Finance
1 -.CIS -File 3561
To: City of Denton
Attn: Tiffany Wei
August 2, 2013
From: Herman Alonzo
Senior Account Manager — N GEM
AT &T
12851 Manchester Rd
Des Peres, MO 63 13 1
214 960 -2601
ata
Exhibit 1
Monthly Recurring Charge: Account # 994860867
$69.99 per line less $32.00 discount = $37.99 per line
202 Data Plans $7,673.98
EVPC $ 420.00
202 IP Addresses $ 606.00
DIR Billing:
$8,699.98
Monthly Recurring Charge on AT &T Wireline Billing:
MPLS Port / Flat Rate / 1.544M $187.14
CoS Package -1.544 Mbps /1.536 Mbps - Multimedia High $ 40.75
Managed CSU/DSU -MPLS Managed External CSU (V) T1 $174.67
AT &T Owned and Managed Router- Basic: Cisco 1841 or 2801 $296.60
ACCESS PRICING InterLATA Private Line $269.64
Total Monthly Costs: $9,668.78
Total Monthly Cost with estimated taxes and surcharges: $10,638.66
*This pricing exclusive of additional service fees, from DIR billing, but these fees will
probably be close to current service fees that are charged for the Frame Relay. Estimated
taxes and surcharges is 10% (estimated).
AT &T Mobility will provide Mobility rate plan/ services to the City of Denton under the
Cellular Voice and Data Access Services Contract, Contract No. DIR -SDD -1777. The
AVPN portion is billed directly by AT &T is expected to be 36 months beginning
October, 2013.
The City of Denton is able to automatically renew their participation in this agreement
unless prices increase more than 15% in one year.
Confidential - I - August 2013
Respectfully submitted,
Herman Alonzo
Confidential - 2 - August 2013
alt&t
Exhibit 2
To: City of Denton
Attn: Melissa Kraft
August 14, 2013
From: Herman Alonzo
Senior Account Manager — N GEM
AT &T
12851 Manchester Rd
Des Peres, MO 63 13 1
214 960 -2601
Monthly Recurring Charge: Account # 287020520999
$69.99 per data plan less $32.00 discount = $37.99 per line
$69.99 per voice unlimited plan
154 Data Plans $5,850.46
33 Voice Plans $2,449.65
EVPC $ 420.00
154 IP Addresses $ 462.00
DIR Billing:
$9,182.11
Monthly Recurring Charge on DIR Billing:
MPLS Port / Flat Rate / 1.544M $187.14
CoS Package -1.544 Mbps /1.536 Mbps - Multimedia High $ 40.75
Managed CSU/DSU -MPLS Managed External CSU (V) T1 $174.67
AT &T Owned and Managed Router- Basic: Cisco 1841 or 2801 $296.60
ACCESS PRICING InterLATA Private Line $269.64
Total Monthly Costs: $10,150.91
Total Monthly Cost with estimated taxes and surcharges: $11,116.01
*This pricing exclusive of additional service fees, from DIR billing, but these fees will
probably be close to current service fees that are charged for the Frame Relay. Estimated
taxes and surcharges is 10% (estimated).
AT &T Mobility will provide Mobility rate plan/ services to the City of Denton under the
Cellular Voice and Data Access Services Contract, Contract No. DIR -SDD -1777. The
AVPN portion is billed directly by AT &T is expected to be 36 months beginning
October, 2013.
Confidential - I - August 2013
The City of Denton is able to automatically renew their participation in this agreement
unless prices increase more than 15% in one year.
Respectfully submitted,
Herman Alonzo
Confidential - 2 - August 2013
ORDINANCE NO.
AN ORDINANCE AWARDING THE EXPENDITURE OF FUNDS FOR SERVICE AND
SUPPORT FOR THE CITY OF DENTON FOR CONTINUED VENDOR SUPPORT OF
WIRELESS ACCESS FOR MOBILE DATA COMPUTERS AND DEVICES AS AWARDED BY
THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT
N[_]1VIBER DIR -SDD -1777; PROVIDING FOR THE EXPENDITURE OF FUNDS THERFOR;
AND PROVIDING AN EFFECTIVE DATE (FILE 3561 AWARDED TO AT &T MOBILITY IN
THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $886,207).
WHEREAS, pursuant to Resolution 92 -019, the State of Texas 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 on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the State of Texas Department of Information Services Go Direct Program at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
N [_]1VIER VENDOR AMOUNT
3561 AT &T Mobility $886 207
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of
Texas Department of Information Services Go Direct Program for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents and
related documents filed with the State of Texas Department of Information Services Go Direct
Program, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the State of Texas Department of Information Services Go Direct
Program, the City Manager or his designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications and standards contained in the Proposal submitted to the
State of Texas Department of Information Services Go Direct Program, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
IC
4 -ORD -File 361
AGENDA INFORMATION SHEET
AGENDA DATE: September 17,013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley �_A
SUBJECT
Consider adoption of an ordinance awarding a contract for the purchase of security products and
continued vendor support of the Palo Alto Firewall software as awarded by the State of Texas
Department of Information Resources (DIR) through the Go DIRect Program, Contract Number
DIR -SDD -1855; providing for the expenditure of funds therefor and providing an effective date.
(File 4970 - awarded to Solid Border, Inc. in the three (3) year not -to- exceed amount of
$300,000).
FILE INFORMATION
City of Denton Information Technology operations are subject to complex regulatory framework.
Denton Municipal Electric systems must comply with North American Electric Reliability
Corporation (NERC) Critical Infrastructure Protect (CIP) requirements. Public Safety systems
must comply with Texas Law Enforcement Telecommunications Systems (TLETS)
requirements. Utilities Customer Service computer systems must comply with Payment Card
Industry Data Security Standards (PCI -DSS) requirements. In addition, external financial
auditors place requirements on the JD Edwards financial systems. PCI regulatory instructions
require the installation of an application layer firewall in front of Web - facing applications such
as QuickPay, UtilityWorks and ETrackIt.
An application layer firewall helps ensure regulatory compliance for equipment and software
systems. Application layer firewall identifies network activity by user, scans for internal and
external network attacks and can prevent unauthorized release of sensitive information.
Technology Services reviewed application layer firewalls from numerous vendors. Palo Alto
Networks Firewall provides the best overall value when accounting for protection, performance
and overall costs. The total cost for upgrades, maintenance, and upcoming projects is estimated
not -to- exceed $300,000.
RECOMMENDATION
Award a contract to Solid Border, Inc. for Palo Alto software maintenance and the purchase of
security products for a three (3) year not -to- exceed amount of $300,000.
Agenda Information Sheet
September 17, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Solid Border, Inc
San Antonio, TX
ESTIMATED SCHEDULE OF PROJECT
October 1, 2013 through September 30, 2016.
FISCAL INFORMATION
Funding is budgeted in Technology Services operating account number 830800.6504 starting
October 1, 2013.
EXHIBITS
Exhibit 1: Solid Border Quote
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 4970
Exhibit 1
�p 'iii iir mi „fao � ian
NETWORK SECURITY RESELLER
DATE 8/29/2013
QUOTE 41519 - RS
City of Denton
Melissa Kraft
901 -B Texas Street
Denton, TX 76201
(940) 349 -7823
Melissa. Kraft @cityofdenton.com
jj[
PREMIER SECURITY PARTNER
SKU DESCRIPTION
PALO ALTO NETWORKS
PAN -PA- 3020 -TP- Threat protection subscription 3 -year prepaid for
3YR -HA2 device in an HA pair, PA -3020
PAN -PA -3020- PANDB URL filtering subscription 3 -year prepaid for
URL4- 3YR -HA2 device in an HA pair, PA -3020
PAN- SVC -4HR- 4 -Hour premium support 3 year prepaid, PA -3020
3020 -3Y R
PAN - SFP -LX SFP LX transceiver (PA -5000 series, PA -4000 series,
PA -3000 Series, PA -2000 series)
REMIT TO SOLID BORDER, INC
1806 TURNMILL DR
SAN ANTONIO. TX 78248
FEDERAL ID 331009121
CONTACT Erica Stinson
800.213.8175 x81 toll -free
512.535.1934 office
800.887.9974 fax
erica @solidborder.com
QTY LIST PRICE PER UNIT EXTENDED
4 $14,000.00
$8,960.00
$35,840.00
4 $5,180.00
$4,403.00
$17,612.00
4 $5,180.00
$4,403.00
$17,612.00
4 $7,060.00
$6,636.00
$26,544.00
4 $1,000.00
$640.00
$2,560.00
TOTAL $100,168.00
HUE // DIR // EUYEOARD // WBEA. SOLIDiORDER.COM // PROT'ECT YOUR NETWORK / /'t OF 'I
STATE CONTRACT DIR -SDD -1855
bhu.
Include this number on all Purchase Orders if purchasing via the DIR
SHIPPING
Included in pricing, unless otherwise stated
PAYMENTTERMS
30 days
QUOTE EXPIRES
9/29/2013
HUE // DIR // EUYEOARD // WBEA. SOLIDiORDER.COM // PROT'ECT YOUR NETWORK / /'t OF 'I
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SECURITY
PRODUCTS AND CONTINUED VENDOR SUPPORT OF THE PALO ALTO FIREWALL
SOFTWARE AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION
RESOURCES (DIR) THROUGH THE GO DIRECT PROGRAM, CONTRACT NUMBER DIR-
SDD -1855; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE. (FILE 4970 - AWARDED TO SOLID BORDER, INC. IN
THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $300,000).
WHEREAS, pursuant to Resolution 92 -019, the State of Texas 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 on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the State of Texas Department of Information Services Go Direct Program at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
N [_]1VIER VENDOR AMOUNT
4970 Solid Border, Inc. $300,000
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of
Texas Department of Information Services Go Direct Program for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents and
related documents filed with the State of Texas Department of Information Services Go Direct
Program, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the State of Texas Department of Information Services Go Direct
Program, the City Manager or his designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications and standards contained in the Proposal submitted to the
State of Texas Department of Information Services Go Direct Program, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
I
3 -ORD -File 4970
aadgO : Corr a.,oru..0 .nru..Aa N
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn 940 - 349 -8595
ACM: Bryan Langley i -A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving three (3) year software maintenance for continued vendor support of the Geographic
Information System (GIS) software, which is available from only one source and in accordance
with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the
requirements of competitive bidding; and providing an effective date (File 3880 awarded to
Environmental Systems Research Institute (ESRI) in the three (3) year not -to- exceed amount of
$210,000).
FILE INFORMATION
The City's GIS User Group consisting of Public Safety, Water, Wastewater, Electric, Solid
Waste, Engineering, Planning, Streets, Traffic, Drainage, Parks, Library, Economic
Development, Airport, Code Enforcement and Technology Services departments meets quarterly
to discuss GIS projects for the City. The ESRI software is the tool that has been used to develop
GIS solutions that these City departments utilize.
The City of Denton uses the ESRI GIS software to create and manage GIS inventories, produce
web interactive maps, as well as paper maps, and provide a tool for data integration and analysis
to the user departments. It is essential for the City of Denton to upkeep current maintenance with
the software vendor in order to ensure availability of upgrades, software fixes, and access to
knowledge and support resources.
ESRI is the sole - source vendor for maintenance of the GIS software package. Section 252.022
of the Local Government Code provides that procurement of items that are only available from
one source do not have to be competitively bid.
RECOMMENDATION
Award to Environmental Systems Research Institute (ESRI) for GIS software maintenance in the
three (3) year not -to- exceed amount of $210,000. The not -to- exceed amount includes an
estimated amount for years 2 and 3 and a contingency for software upgrades and technical
support as needed.
Agenda Information Sheet
September 17, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
ESRI
Redlands, CA
ESTIMATED SCHEDULE OF PROJECT
December 1, 2013 through November 30, 2016.
FISCAL INFORMATION
Funding for this item is budgeted in Technology Services and Water /Waste Water operating
account numbers.
EXHIBITS
Exhibit 1: Quotes for Maintenance
Exhibit 2: Sole Source Letter
Respectfully submitted
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 3880
Exhibit 1
Esri Inc
380 New York Street
Redlands CA 92373
SUBJECT: MAINTENANCE QUOTE
DATE:
TO:
ORGANIZATION:
FAX #:
FROM:
FAX #:
EMAIL:
Number of pages transmitted
(including this cover sheet):
08/09/2013
Tony Smith
City of Denton
Technology Services Dept
940 - 566 -8533 PHONE #: 940 - 349 -8933
Barbara Walker
909 - 307 -3083 PHONE #: 909 - 793 -2853 Ext. 3936
bwalker @esri.com
QUOTATION #25591588
6 DOCUMENT DATE: 08/09/2013
Please find the attached quotation for your forthcoming software
maintenance term. Keeping your maintenance current entitles you to
exclusive benefits, and if you choose to discontinue your coverage, you will
become ineligible for these valuable benefits and services. All maintenance
fees from the date of discontinuation will be due and payable if you decide to
reactivate your coverage at a later date. For details regarding the
maintenance program benefits for your licensing, please visit
http: // www .esri.com /maintenancebenefits.
Customers who have multiple copies of some Esri products may have the
option of supporting some of their licenses with secondary maintenance.
Please contact Customer Service to find out more about the availability of
secondary maintenance.
For information about Esri Desktop, Developer software, or Web services
terms of use, as well as purchase order terms and conditions, please visit
http-//www.esri.com/legal/licensing/software-license.html.
For details about ECP discounts and waivers for non - profit users please visit
http- / /www.conservationgis.org /grant
If you have any questions or need additional information, please contact
Customer Service at 888 - 377 -4575 Option 5.
•
esn� 380 New York Street
Redlands, CA 92373
Phone: 909-793-28533936
Fax #:909- 307 -3083
Date: 08/09/2013
Quotation Number: 25591588
City of Denton
Technology Services Dept
601 E Hickory Ste A
Denton TX 76205 -4305
Attn: Tony Smith
Customer Number: 552
For questions regarding this document, please contact Customer Service at 888 - 377 -4575.
Quotation
Send Purchase Orders To:
Esri, Inc.
380 New York Street
Redlands, CA 92373 -8100
Attn: Barbara Walker
Please include the following remittance address
on your Purchase Order:
Esri, Inc.
File #54630
Los Angeles, CA 90074 -4630
Item Qty Material# Unit Price Extended Price
10 1 52384 3,000.00 3,000.00
ArcGIS for Desktop Advanced (formerly Arclnfo) Concurrent Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
1010 7 52385 1,200.00 8,400.00
ArcGIS for Desktop Advanced (formerly Arclnfo) Concurrent Use Secondary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
2010 1 87194 700.00 700.00
ArcGIS for Desktop Basic (formerly ArcView) Concurrent Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
3010 3 87195 500.00 1,500.00
ArcGIS for Desktop Basic (formerly ArcView) Concurrent Use Secondary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
4010 1 87232 500.00 500.00
This quotation is valid for 90 days and is subject to your Esri License Agreement. The quotation information is proprietary and may not be copied
or released other than for the express purpose of system selection and purchase /license. This information may not be given to outside parties or
used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and /or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. Esri reserves the right to adjust and collect sales and /or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a third party vendor management, procurement, or invoice
program.
Issued By: Barbara Walker Ext: 3936
[OJOK]
To expedite your order, please reference your customer number and this quotation number on your purchase order.
380 New York Street
�e
� Redlands, CA 92373 esn
Phone: 909-793-28533936
Fax #: 909- 307 -3083
Date: 08/09/2013 Quotation Number: 25591588
Quotation
Page 2
Item Qty Material# Unit Price Extended Price
[OJOK]
ArcGIS Spatial Analyst for Desktop Concurrent Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
5010 1
87233 200.00
200.00
ArcGIS Spatial Analyst for Desktop Concurrent Use Secondary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
6010 1
87198 500.00
500.00
ArcGIS 3D Analyst for Desktop Concurrent Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
7010 1
98696 500.00
500.00
ArcGIS Publisher for Desktop Concurrent Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
8010 1
87192 400.00
400.00
ArcGIS for Desktop Basic (formerly ArcView) Single Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
9010 1
93094 1,000.00
1,000.00
ArcGIS for Desktop Basic (formerly ArcView) with Extensions Single Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
1001010
87193 300.00
3,000.00
ArcGIS for Desktop Basic (formerly ArcView) Single Use Secondary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
110105
87193 300.00
1,500.00
ArcGIS for Desktop Basic (formerly ArcView) Single Use Secondary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
120105
93095 900.00
4,500.00
ArcGIS for Desktop Basic (formerly ArcView) with Extensions Single Use Secondary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
13010 1
93303 1,500.00
1,500.00
[OJOK]
380 New York Street
esnRedlands, CA 92373 Quotation
Phone: 909 - 793 - 28533936 Page 3
Fax #:909- 307 -3083
Date: 08/09/2013 Quotation Number: 25591588
Item Qty Material# Unit Price Extended Price
ArcGIS for Desktop Standard (formerly ArcEditor) Single Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
14010 1 97445 400.00 400.00
ArcGIS Engine with Extension Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
15010 1 100571 500.00 500.00
ArcGIS Network Analyst for Desktop Concurrent Use Primary Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
16010 1 109215 10,000.00 10,000.00
ArcGIS for Server Enterprise Advanced Up to Four Cores Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
17010 1 112390 2,500.00 2,500.00
ArcGIS Image Extension for Server Enterprise Standard Up to Four Cores Maintenance
Start Date: 12/01/2013
End Date: 11/30/2014
18010 1 115680 5,000.00 5,000.00
ArcGIS for Server Enterprise Standard Up to Four Cores from ArcIMS 9.1 Migrated Maintenance Includes Enterprise
Basic Up to Four Cores from ArcSDE 9.1 Migrated Maintenance Bundle
180201 109839
ArcGIS for Server Enterprise Standard Up to Four Cores Migrated Maintenance
Item equals $2,000.00 of the bundled price.
Start Date: 12/01/2013
End Date: 11/30/2014
180301 109840
ArcGIS for Server Enterprise Basic Up to Four Cores Migrated Maintenance
Item equals $3,000.00 of the bundled price.
Start Date: 12/01/2013
End Date: 11/30/2014
[OJOK]
380 New York Street
�e
� Redlands, CA 92373 esn
Phone: 909-793-28533936
Fax #:909- 307 -3083
Date: 08/09/2013
Item Qty Material#
Quotation Number: 25591588
DUNS /CEC:06- 313 -4175 CAGE:OAMS3
Quotation
Page 4
Unit Price Extended Price
Subtotal
Estimated Tax
Total
45,600.00
0.00
45,600.00
[OJOK]
380 New York Street
�e
� Redlands, CA 92373 esn
Phone: 909-793-28533936
Fax #:909- 307 -3083
Date: 08/09/2013 Quotation No: 25591588 Customer No: 552
Item Qty Material#
Quotation
Page 5
Unit Price Extended Price
IF YOU WOULD LIKE TO RECEIVE AN INVOICE FOR THIS MAINTENANCE QUOTE YOU MAY DO ONE OF THE FOLLOWING:
• RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE
• SIGN BELOW AND FAX TO 909 - 307 -3083
• FAX YOUR PURCHASE ORDER TO 909 - 307 -3083
REQUESTS VIA EMAIL OR SIGNED QUOTE INDICATE THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR
ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER.
If there are any changes required to your quotation, please respond to this email and indicate any changes
in your invoice authorization.
If you choose to discontinue your support, you will become ineligible for support benefits and services.
All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate
your support coverage at a later date.
This transaction is governed exclusively by the terms of the above - referenced contract, if any,
or Esri's standard terms and conditions at www.esri.com /legal.
In order to expedite processing, please reference the quotation number and any /all applicable Esri
contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.
By signing below, you are authorizing Esri to issue a software support invoice in the amount of
$ plus sales tax, if applicable.
Please check one of the following:
I agree to pay any applicable sales tax.
I am tax exempt. Please contact me if Esri does not have my current exempt information on file.
Please indicate on your purchase order if this purchase is funded through the American Recovery and
Reinvestment Act, and whether Esri is a Prime Recipient, Sub - recipient, or Vendor for reporting purposes.
Signature of Authorized Representative Date
Name (Please Print) Title
[OJOK]
Esri Inc
380 New York Street
Redlands CA 92373
SUBJECT: MAINTENANCE QUOTE
DATE: 08/09/2013
TO: Joel Nickerson
ORGANIZATION: City of Denton
Water Administration
FAX #: 940 - 349 -7334 PHONE #: 940 - 349 -7108
FROM: Barbara Walker
FAX #: 909 - 307 -3083 PHONE #: 909 - 793 -2853 Ext. 3936
EMAIL: bwalker @esri.com
Number of pages transmitted QUOTATION #25553731
(including this cover sheet): 4 DOCUMENT DATE: 08/09/2013
******REVISED******
Please find the attached quotation for your forthcoming software
maintenance term. Keeping your maintenance current entitles you to
exclusive benefits, and if you choose to discontinue your coverage, you will
become ineligible for these valuable benefits and services. All maintenance
fees from the date of discontinuation will be due and payable if you decide to
reactivate your coverage at a later date. For details regarding the
maintenance program benefits for your licensing, please visit
http: // www .esri.com /maintenancebenefits.
Customers who have multiple copies of some Esri products may have the
option of supporting some of their licenses with secondary maintenance.
Please contact Customer Service to find out more about the availability of
secondary maintenance.
For information about Esri Desktop, Developer software, or Web services
terms of use, as well as purchase order terms and conditions, please visit
http-//www.esri.com/legal/licensing/software-license.html.
Do you need training? You can get affordable Esri software training for your
entire organization with a subscription to Esri Virtual Campus. To find out
how, visit the campus: http- / /campus.esri.com /campus /catalog /subscriptions
For details about ECP discounts and waivers for non - profit users please visit
http- / /www.conservationgis.org /grant
If you have any questions or need additional information, please contact
Customer Service at 888 - 377 -4575 Option 5.
•
esn� 380 New York Street
Redlands, CA 92373
Phone: 909-793-28533936
Fax #:909- 307 -3083
Date: 08/09/2013
City of Denton
Water Administration
901 B Texas St
Denton TX 76209 -4354
Attn: Joel Nickerson
Quotation Number: 25553731
Customer Number: 296874
For questions regarding this document, please contact Customer Service at 888 - 377 -4575.
Item Qty Material#
Quotation
Send Purchase Orders To:
Esri, Inc.
380 New York Street
Redlands, CA 92373 -8100
Attn: Barbara Walker
Please include the following remittance address
on your Purchase Order:
Esri, Inc.
File #54630
Los Angeles, CA 90074 -4630
Unit Price Extended Price
10 1 52384 3,000.00
ArcGIS for Desktop Advanced (formerly Arclnfo) Concurrent Use Primary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
1010 2 52385 1,200.00
ArcGIS for Desktop Advanced (formerly Arclnfo) Concurrent Use Secondary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
2010 1 87195 500.00
ArcGIS for Desktop Basic (formerly ArcView) Concurrent Use Secondary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
3010 1 87232 500.00
ArcGIS Spatial Analyst for Desktop Concurrent Use Primary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
4010 1 87198 500.00
79110 1 1I
2,400.00
500.00
500.00
500.00
This quotation is valid for 90 days and is subject to your Esri License Agreement. The quotation information is proprietary and may not be copied
or released other than for the express purpose of system selection and purchase /license. This information may not be given to outside parties or
used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and /or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. Esri reserves the right to adjust and collect sales and /or use tax at the actual date of invoicing. If your
organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a third party vendor management, procurement, or invoice
program.
Issued By: Barbara Walker Ext: 3936
[CSBATCHDOM]
To expedite your order, please reference your customer number and this quotation number on your purchase order.
DUNS /CEC:06- 313 -4175 CAGE:OAMS3
[CSBATCHDOM]
380 New York Street
Quotation
esnRedlands, CA 92373
Phone: 909 - 793 - 28533936 Page 2
Fax #: 909- 307 -3083
Date: 08/09/2013 Quotation Number: 25553731
Item Qty
Material# Unit Price
Extended Price
ArcGIS 3D Analyst for Desktop Concurrent Use Primary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
5010 1
87236 500.00
500.00
ArcGIS Geostatistical Analyst for Desktop Concurrent Use Primary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
6010 1
87192 400.00
400.00
ArcGIS for Desktop Basic (formerly ArcView) Single Use Primary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
7010 5
87193 300.00
1,500.00
ArcGIS for Desktop Basic (formerly ArcView) Single Use Secondary Maintenance
Start Date: 02/07/2013
End Date: 02/06/2014
Subtotal
9,300.00
Estimated Tax
0.00
Total
$ 9,300.00
DUNS /CEC:06- 313 -4175 CAGE:OAMS3
[CSBATCHDOM]
380 New York Street
�e
� Redlands, CA 92373 esn
Phone: 909-793-28533936
Fax #:909- 307 -3083
Date: 08/09/2013 Quotation No: 25553731 Customer No: 296874
Item Qty Material#
Quotation
Page 3
Unit Price Extended Price
IF YOU WOULD LIKE TO RECEIVE AN INVOICE FOR THIS MAINTENANCE QUOTE YOU MAY DO ONE OF THE FOLLOWING:
• RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE
• SIGN BELOW AND FAX TO 909 - 307 -3083
• FAX YOUR PURCHASE ORDER TO 909 - 307 -3083
REQUESTS VIA EMAIL OR SIGNED QUOTE INDICATE THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR
ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER.
If there are any changes required to your quotation, please respond to this email and indicate any changes
in your invoice authorization.
If you choose to discontinue your support, you will become ineligible for support benefits and services.
All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate
your support coverage at a later date.
This transaction is governed exclusively by the terms of the above - referenced contract, if any,
or Esri's standard terms and conditions at www.esri.com /legal.
In order to expedite processing, please reference the quotation number and any /all applicable Esri
contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.
By signing below, you are authorizing Esri to issue a software support invoice in the amount of
$ plus sales tax, if applicable.
Please check one of the following:
I agree to pay any applicable sales tax.
I am tax exempt. Please contact me if Esri does not have my current exempt information on file.
Please indicate on your purchase order if this purchase is funded through the American Recovery and
Reinvestment Act, and whether Esri is a Prime Recipient, Sub - recipient, or Vendor for reporting purposes.
Signature of Authorized Representative Date
Name (Please Print) Title
[CSBATCHDOM]
WHO I OT W
MATERIALS MANAGE MEET INVISION 9 901-BTEXAS STREETe DENTON,TEXAS 76209
940.349.7 100 @ IF AX 94 .349 7302
��H
ESRI, Inc.
380 New York St.
Redlands, C
Dear Sir or Madam:
2. Is there any other vendor that offers this service?
Yes X No
I certify thqt(we #e,,* solejs ur e of the above listed commodity or commodities.
Ulv")j-Y ) Title: Manager, Domestic Contracts
Print Name: Chris')J�hnson Date: Februa 26, 2013
"Deelicaled to Quali�y and,�ervice
mv�v' ci�yqld�nlon' Coln
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE
MAINTENANCE FOR CONTINUED VENDOR SUPPORT OF THE GEOGRAPHIC
INFORMATION SYSTEM (GIS) SOFTWARE, WHICH IS AVAILABLE FROM
ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE
TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM
THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 3880 AWARDED TO ENVIRONMENTAL SYSTEMS
RESEARCH INSTITUTE (ESRI) IN THE THREE (3) YEAR NOT -TO- EXCEED
AMOUNT OF $210,000).
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; and 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 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3880 Environmental Systems Research Institute $210 000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only 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; and need not be submitted to competitive
bids.
SECTION I 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 4. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly
delegates the authority to take any actions that may be required or permitted to be
performed by the City of Denton under File 3880 to the City Manager of the City of
Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
mm
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4 -ORD -File 3880
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley �_A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving three (3) year software maintenance for continued vendor support of the Denton
Municipal Electric (DME) Interactive Voice Response and associated software modules along
with new hardware and software upgrades, which is available from only one source and in
accordance with Chapter 252.022 of the Texas Local Government Code such purchases are
exempt from the requirements of competitive bidding; and providing an effective date (File 3881
awarded to Milsoft Utility Solutions, Inc. in the three (3) year not -to- exceed amount of
$260,000).
FILE INFORMATION
Denton Municipal Electric (DME) uses the Milsoft Utility Solutions, Inc. automated interactive
voice response system (IVR) to efficiently respond to electric utility service outages. This system
also provides DME with answering and message routing ability. The IVR hardware is at end of
life and needs replacing at the primary and backup sites. Additionally, with newer hardware, the
IVR software will be upgraded to the most current software version allowing the City to provide
Spanish translation. The upgrade to new servers and software has a one -time cost of $51,132. It
is essential for the City of Denton to keep current maintenance with the software vendor in order
to ensure availability of upgrades, software fixes, and access to knowledge and support
resources. The Technology Services department could not identify any local vendors in the city
limits that could provide software maintenance for this application. Therefore, procuring this
maintenance from the above vendor is the best value for the City of Denton.
Milsoft Utility Solutions is the sole - source vendor for maintenance for the IVR and Outage
Management Systems (OMS) systems and associated software modules. Section 252.022 of the
Local Government Code provides that procurement of items that are only available from one
source, do not have to be competitively bid.
RECOMMENDATION
Award to Milsoft Utility Solutions, Inc. for new servers, software and IVR and associated
maintenance in the three (3) year not -to- exceed amount of $260,000. The not -to- exceed amount
includes an estimated amount for years 2 and 3 and a contingency for software upgrades and
technical support as needed.
Agenda Information Sheet
September 17, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Milsoft Utility Solutions, Inc.
Abilene, TX
ESTIMATED SCHEDULE OF PROJECT
December 16, 2013 through December 15, 2016.
FISCAL INFORMATION
Funding is budgeted in Technology Services operating account number 830400.6504 starting
October 1, 2013 for the maintenance. The upgrade will be funded from Denton Municipal
Electric account number 600200.7644.
EXHIBITS
Exhibit 1: Quotes for Upgrade and Maintenance
Exhibit 2: Sole Source Letter
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 3 88 1
Exhibit
Quote
Quote Number:
43054
Date:
08/19/2013
Account Manager:
Bart Brockway
Email:
bart.brookway@mi|soft.00m
Phone:
800.344.5647
Valid Until:
11/19/2013
Bobbie Aras im Bobbie Aras im
Denton Municipal Electric Denton Municipal Beotho
17O1C Spencer Road 17O1C Spencer Road
Denton, TX 76205 Denton, TX 76205
USA USA
|\/R' New System
1 Server Lines Hardware
S18.216.00
S18.216.00
|VR Hardware configuration for |VRwith more than 24 Lines: Includes
Servers, 2 Windows Server 2OO8R2.1 SQL Server 2O122 Core License.
Does not include monitor or printer.
1 SenxarLines — RedundantSystem
S18.216.00
S18.216.00
|VR Hardware configuration for |VRwith more than 24 Lines: Includes
Servers, 2 Windows Server 2OO8R2.1 SQL Server 2O122 Core License.
Does not include monitor or printer.
1 Second Language Speech Capabilities
S7.700.00
S7.700.00
|VR Second Language Line Charge Per Seat
|VR
New System Total:
S44.132.00
Training
3 On-site |VRTraining
S2.000.00
S6.000.00
S2.000 per day for On-site |VRTraining
2 Travel Days
S500.00
S1.000.00
S5OO per day. Does Not include any travel related expenses.
Grand Total
Training Total: S7.000.00
Total: S51.132.00
Quote Number: 43054 800.344.5647 - bart.brockway@milsoft.com - www.milsoft.com Page 1 of 3
Terms and Conditions
All payment must be made in U.S. Dollars.
Milsoft products are MultiSpeak compliant, and interfaces with other MultiSpeak compliant products are provided at no charge. Unless otherwise indicated in this quotation,
development by Milsoft of any custom interfaces to non - MultiSpeak compliant products may be provided only under Milsoft's specific and prior evaluation, and will be quoted at
additional cost. No other interface policy is expressed or implied.
Milsoft IVR
Price Inclusions /Exclusions
Total price includes all hardware, if applicable, (except remote hardware) and software, additional options or enhancements and documentation. Not
included are associated travel expenses, pre - installation meeting expenses, applicable taxes, insurance, freight, telephone lines or telephone system
equipment.
Terms:
(New Systems)
75% upon quote acceptance
25% upon installation or a maximum of 120 days following quote acceptance, whichever occurs first
(IVR Upgrade Items)
75% upon quote acceptance
25% upon installation
Support & Maintenance
Support /Maintenance will be billed at the rate of 20% of the retail system cost annually. Payment of support charges will be at the option of the
Customer. If for any reason Customer decides to discontinue payment of support, Customer will not receive technical support, software fixes /patches or
any software upgrades. Invoicing will begin 60 days after installation is complete. Replacement hardware is subject to the support rate prevailing at the
time of installation. Software support rates are not affected by the hardware replacement.
Installation & Training
Milsoft agrees to install the hardware and software at Customers place of business at a rate of Two Thousand U.S. Dollars ($2,000.00) per day, plus all
travel and out -of- pocket expenses. Additionally, Customer will be invoiced in the amount of Five Hundred U.S. Dollars ($500.00) per day for required
travel days. Training will be provided upon the Customers request at the rate of Two Thousand U.S. Dollars ($2,000.00) per day, plus all travel and
out -of- pocket expenses. Additionally, Customer will be invoiced in the amount of Five Hundred U.S. Dollars ($500.00) per day for required travel days.
Web training will be available at the rate of Two Hundred U.S. Dollars ($200.00) per hour with a one (1) hour minimum. Each hour after the first will be
charged at a fractional rate.
Training
All payments must be made in U.S. Dollars.Milsoft products are MultiSpeak compliant, and interfaces with other MultiSpeak compliant products are
provided at no charge. Unless otherwise indicated in this quotation, development by Milsoft of any custom interfaces to non - MultiSpeak compliant
products may be provided only under Milsofts specific and prior evaluation, and will be quoted at additional cost. No other interface policy is expressed
or implied.
Terms:
100% due upon receipt of invoice
Training:
For training delivered by MUS personnel at the Customers facility, any travel and related expenses are not included and will billed additionally as
incurred. For training delivered at Milsoft facilities, the Customer is responsible for all travel and related expenses for the Customers personnel attending
the training. Additionally, Customer will be invoiced in the amount of Five Hundred U.S. Dollars ($500.00) per day for required travel days. For training
delivered at Milsoft facilities, the Customer is responsible for all travel and related expenses for the Customers personnel attending the training. Web
training will be available at the rate of Two Hundred U.S. Dollars ($200.00) per hour with a one (1) hour minimum. Each hour after the first will be
charged at a fractional rate.
Quote Acceptance
This Quote constitutes the entire understanding and agreement between the parties and supersedes any and all prior and contemporaneous. oral or written representations. communications.
understandings and agreements between the parties with respect to the subject matter hereof. The parties acknowledge and agree that neither of the parties is entering into this Quote on the basis of any
representation or promise not expressly contained herein.
Account: Denton Municipal Electric
Accepted By:
Print Name:
Date:
PO# (if required):
To submit this form, please fax it to 325.690.0338 or mail it to:
Milsoft Utility Solutions, Inc.
4400 Buffalo Gap Rd
Suite 5150
Quote Number: 43054 800.344.5647 - bart.brockway @milsoft.com - www.milsoft.com Page 2 of 3
Abilene, TX 79606
If you have any questions regarding this quote, please call 800.344.5647 and ask for Bart Brockway or email Bart at
bart.brockway @milsoft.com.
Quote Number: 43054 800.344.5647 - bart.brockway @milsoft.com - www.milsoft.com Page 3 of 3
Brian Stewart
Denton Municipal Utilities
1701 C Spencer Road
Denton, TX 76205
USA
Support
Brian Stewart
Denton Municipal Utilities
1701 C Spencer Road
Denton, TX 76205
USA
1 .1VR Annual Support
Quote
$41,096.39
Quote Number:
43020
Date:
06/18/2013
Account Manager;
Bart Brockway
Email:
bart.brockway @milsoft.com
Phone:
800.344.5647
Valid Until.
09/18/2013
1 OMS Annual Support
$1,141.67 per month = $13,700.04 /yr
1 Call Center Annual Subscription
Call Center $400 per month plus calls = $4800.00 /yr plus calls
1 Conversion Tool Annual Support
1 Misc. Software Annual Support
Grand Total
$41,096.39
$41,096.39
$13,700.04
$13,700.04
$4,800.00
$4,800.00
$1,800.00
$1,800.00
$886.22
$886.22
Support Total: $62,282.65
Total:
$62,282.65
Quote Number: 43020 800.344.5647 - bart.broclnvay @milsoft.com - www,milsoft.com Page 1 of 2
Terms and Conditions
M payment must be made in V.S. Dollars.
Milsoft products are MultlSpeak compliant, and interlaces with other MultlSpoak compliant products are provided at no charge. Unless othenvise indicated in this quotation,
development by Milsoft of any custom interfaces to non- MuitiSpeak compliant products may be provided only under Mllsoft's specific and prior evaluation, and will be quoted at
addMonat cost. No other Interface policy is expressed or implied.
Quote Acceptance
This Quote consfitutes the entire understandng and agreement between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications,
understandings and agreements between the parties with respect to the subject matter hereoL The parties acknow,'edge and agree that neither of the parties is entering into this Quote on the basis of any
representation or promise not expressly contatnedhere'rn. ,
Account: Denton Municipal utilities
Accepted By:
Print Game:
Date:
PO# (if required):
To submit this form, please fax it to 325.690.0338 or mail it to:
Milsoft Utility Solutions, Inc.
4400 Buffalo Gap Rd
Suite 5150
Abilene, TX 79606
If you have any questions regarding this quote, please call 800.344.5647 and ask for Bart Brockway or email Bart at
bart.brockway @mlisoft.com,
Quote Number: 43020 800.344.5647 - bart.brockway @milsoft.com - www.milso€t.com Page 2 of 2
Exhibit 2
Corporate Office
4400 Buffalo Gap Road
Suite 5150
Abilene, Texas 79606
800344.5647
325.695.1642 phone
325.690.0338 fax
901�'�
Pensacola Division
7100 Plantation Road
Suite 17
Pensacola, Florida 32504
800.344.5647
850.477.6477 phone
850.477.5781 fax
MR. BRIAN STEWART
City of Denton
RMT*31qLT47=-
ro-il
Milsoft Utility Solutions of Abilene, Texas is the only authorized distributor of the
Interactive Voice Response and Outage Management Systems. Milsoft holds the patents
and copyrights and is the only company authorized to provide the renewal service for
maintenance and support for City of Denton's Interactive Voice Response System and
Outage Management System.
H1111W
IN111H MR 1 111 1 iffliff ill
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE MAINTENANCE FOR
CONTINUED VENDOR SUPPORT OF THE DENTON MUNICIPAL ELECTRIC (DME)
INTERACTIVE VOICE RESPONSE AND ASSOCIATED SOFTWARE MODULES ALONG
WITH NEW HARDWARE AND SOFTWARE UPGRADES, WHICH IS AVAILABLE FROM
ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS
LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 3881 AWARDED TO MILSOFT SOLUTIONS, INC. IN THE THREE (3) YEAR
NOT -TO- EXCEED AMOUNT OF $260,000).
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; and
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 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3881 Milsoft Solutions, Inc. $260,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only 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; and
need not be submitted to competitive bids.
SECTION 3. 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 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 3881 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4 -ORD -File 3881
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley i -A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving three (3) year software maintenance for continued vendor support of the TriTech
Public Safety System and associated modules used for Police and Fire Department Dispatching
and Records Management, which is available from only one source and in accordance with
Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the
requirements of competitive bidding; and providing an effective date (File 2640 awarded to
TriTech Software Systems in the three (3) year not -to- exceed amount of $700,000).
FILE INFORMATION
The City of Denton uses the TriTech Public Safety Software Suite for managing all aspects of
Public Safety Dispatching as well as managing the Public Safety Records for Police and Fire
Departments. It is essential for the City of Denton to keep current maintenance with the software
vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and
support resources. The Technology Services department could not identify any local vendors that
could provide software maintenance for this application. Therefore, procuring this maintenance
from the above vendor is the best value for the City of Denton.
TriTech Software Systems is the sole source vendor for continued support and maintenance for
the TriTech Public Safety Software Suite of modules. Section 252.022 of the Local Government
Code provides that procurement of items and services that are available from one source, do not
have to be competitively bid.
RECOMMENDATION
Technology Services recommends awarding to TriTech Software Systems for Public Safety
system maintenance and support for three (3) year not -to- exceed amount of $700,000. The not -
to- exceed amount includes an estimated amount for years 2 and 3 and a contingency for software
upgrades and technical support as needed.
PRINCIPAL PLACE OF BUSINESS
TriTech Software Systems
San Diego, CA
Agenda Information Sheet
September 17, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
October 1, 2013 through September 30, 2016.
FISCAL INFORMATION
Funding for this item is budgeted in the Technology Services operating budget account number
830700.6504 starting October 1, 2013.
EXHIBITS
Exhibit 1: Quote
Exhibit 2: Sole Source Letter
Exhibit 3: Support Calls
Exhibit 4: Acquisition Letter
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 2640
Exhibit 1
m17 M-� 177 000000000000000000000000io,.
000000000000000000000000im III:=
oomimoomim0000mimoomimoa
5601 Barbados Boulevard
Castle Hayne, NC 28429
Bill To:
Denton TX, City of
601 East Hickory, Suite E
601 East Hickory, Suite E
Denton TX 76205
www.tritech.com
Main: 800 -882 -2108
Fax: 910 - 602 -6190
Quote
QTE4000117V
Date
6/24/2013
Paae
1
Tax ID: EXEMPT
Contact: Tiffany Wei
Email: Tiffany.Wei @cityofdenton.com
Fax: (940) 349 -8979 Ext. 0000
Purchase Order No.
Customer ID
Maint. Beg. Date
Maint. End Date
Payment Due Date:
Master No.
2013.2014
TX483
10/1/2013
9/30/2014
10/1/2013
18,353
Quantity
Item Number
Description
Unit Price
Ext. Price
1
V- VMECAD002
CAD 247 Software Support
$44,270.45
$44,270.45
#0000196 CAD server and workstations, #062050,
#071048, #081061, #091103 GeoRelay
1
V- VMECAD002
CAD 247 Software Support
$1,738.80
$1,738.80
#12081102 PO 159348: 1 CAD License, 1 CAD
Connection Manager full year
1
V- VMERMS001
RMS 8x5 Software Support
$21,796.26
$21,796.26
#000196 RMS Server and workstations, #082008,
#082093 Automated Citation Importer, #091066 RMS
BarCode
1
V- VMERMS001
RMS 8x5 Software Support
$258.75
$258.75
#12091118 09.27.12: 1 RMS handheld client license
full year
1
V- VMEJAL001
Jail 8x5 Software Support
$6,183.87
$6,183.87
#000196 Jail server and workstations, #057122
1
V- VMEMBL002
Mobile 247 Software Support
$94,360.95
$94,360.95
#000196 Mobile server and clients, #082008
1
V- VMEFRE001
Fire 8x5 Software Support
$5,551.51
$5,551.51
#000196 Fire server and clients
1
V- VMEINF001
INFORM 8x5 Software Support
$4,099.96
$4,099.96
#017160
1
V- VMEOTH002
Fingerprint Interface Software Support
$2,320.25
$2,320.25
#072053
1
V- VMEOTH002
Brazos Towing Interface to RMS
$0.00
$0.00
#5283 Interface - Prelive 1 st renewal $1261.26
1
V- GEOMTE002
GeoComm GeoLynx 9 -1 -1 Software Support
$7,773.20
$7,773.20
#062050,#091099,#071048,#091103
1
V- GEOMTE010
GeoComm GeoLynx Mobile Software Support
$27,384.03
$27,384.03
#062058, #071075
1
V- VSETRN010
LMS User Subscription
$814.97
$814.97
#092003
1
V- VOTOTH002
Remote Support Connectivity (Formerly Go To Assist)
$400.00
$400.00
Tax ID 95- 3871079
Subtotal
$216,953.00
Misc
$0.00
Support quote for budgetary purposes (software
Tax
$0.00
purchased as of this date). Products " prelive"
will be prorated to the end date of this term.
.
Total
$216,953.00,
Remit to: TriTech Software Systems, PO Box 203223, Dallas, TX 75320 -3226
Exhibit 2
I "T EE CH,
June 21, 2013
Denton Police Department & Denton Fire Department Sent via email
Attn: Ms. Tiiffany Wei
601 East Hickory, Suite E
Denton, TX 76205
Re: Annual Support and Maintenance
0
Please be advised that TriTech Software Systems ("TriTech") (as successor in interest to VisjonAIR,
Inc.), is the developer and owner of the copyright to the VusionAIR software applications licensed to and
installed at the Denton Police and Fire Departments, As such, TnTech remains the sole source for
continued support and maintenance of its software applications.
Should you, have any questions, please do not hesitate to contact TriTech's Director of Contracts,
Roxanne Lerner, at 858.799.7372, or via email at roxanneJerne itech.. .corn.
........... ..... _
Sincerely,
Blake Clark
Chief Hnancial Officer
Cc: Tommy Blackwell, Client Account Manager
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Exhibit 4
July 3, 2013
Tiffany Wei, Assistant to the Chief
Denton Police Department
601 East Hickory St.
Denton, TX 76205
Dear Ms. Wei:
In 2011 VisionAIR Inc. was acquired by TriTech Systems. In 2012, all companies in TriTech are now
called TriTech.
Effective Sept. 19, 2011 ,TriTech Software Systems, a leading provider of Public Safety and Medical
Transportation software solutions, today announced its acquisition of VisionAIR, a privately held company
that specializes in providing mission - critical Computer -Aided Dispatch, Law and Fire -EMS Records
Management, Mobile, Jail Management, Civil Processing and multi- agency data sharing solutions to public
safety agencies primarily for the mid -tier market.
The partnership strengthens TriTech's market share leadership by adding more than 500 VisionAIR clients to
the TriTech family, bringing the total of agencies served to more than 2,500 agencies worldwide.
" The partnership between VisionAIR and TriTech is about bringing together two strong leaders in different
segments of the market to create the largest, most stable company in our market," said Chris Maloney,
President and Chief Executive Officer of TriTech Software Systems. "Today, we significantly strengthened
both companies, not only in terms of our market presence, personnel and leadership, but having scalable
solutions to support any type (Fire, Law and EMS) or size public safety agency."
VisionAIR includes a 20 -plus year track record of client success and joins the growing TriTech product
family. VisionAIR is a strong competitor in the medium -size public safety market. When combined with
TriTech's large tier and small tier solutions, the company can now provide solutions to any agency in the
market. VisionAIR also brings new products to the TriTech family that complement the suites of the sister
organizations.
Business continuity underlines the new partnership, as VisionAIR's executive team, including Mike Lyons,
Gary Bunyard, and Scott MacDonald, will continue to manage VisionAIR's day -to -day operations and
maintain their focus on delivering high quality products and services.
"Our new partnership strengthens VisionAIR's resources and capabilities to meet their growing needs and
challenges," said Mike Lyons, President and CEO, VisionAIR Inc.
5601 Barbados dos Sou. evrm d, Castle & &vpe, No0h Cvro &mn m 28429
(200) 882 2108 & Fax (210) 602 6190 & vvvvvv.fta ech ccm
As of May 1, 2012, In a continuing effort to bring all TriTech resources under one unified group, TriTech
Software Systems has made the following changes:
Cohesive Branding
Each TriTech office location - Wilmington, NC; North Grafton, MA; Centennial, CO; Decorah, IA; and San
Diego, CA — will implement the new TriTech brand across all areas, from office signs to documentation.
New Logo
All former brands are now "TriTech Software Systems." To celebrate our strength and cohesiveness as one
company, a new TriTech logo will be introduced that emphasizes our identity as one company, built upon the
strengths of the best and most experienced minds in public safety software.
As of December 31, 2012 VisionAIR was merged into and with TriTech Software Systems.
Please let me know if you have any further questions
Sincerely,
Tommy Blackwell
Client Account Manager
Castle Hayne Office
2201 Barbados dos Sou. evam d, CasHe I.. &vpe, NoOh Cvro &in m 22122
(800) 882 2108 & Fax (210) 602 ..0 190 & v vvvv ft a ech cone
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE MAINTENANCE FOR
CONTINUED VENDOR SUPPORT OF THE TRITECH PUBLIC SAFETY SYSTEM AND
ASSOCIATED MODULES USED FOR POLICE AND FIRE DEPARTMENT DISPATCHING
AND RECORDS MANAGEMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE
AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL
GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS
OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 2640
AWARDED TO TRITECH SOFTWARE SYSTEMS IN THE THREE (3) YEAR NOT -TO-
EXCEED AMOUNT OF $700,000).
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; and
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 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
2640 TriTech Software Systems $700,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only 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; and
need not be submitted to competitive bids.
SECTION 3. 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 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 2640 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
5 -ORD -File 2640
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley �_A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving three (3) year software subscription for the continued product upgrades and support of
Summation 360, a hosted solution for the Tele -Works System, which is available from only one
source and in accordance with Chapter 252.022 of the Texas local Government Code such
purchases are exempt from the requirements of competitive bidding; and providing an effective
date (File 3869 awarded to Tele- Works, Inc. in the three (3) year not -to- exceed amount of
$260,000).
FILE INFORMATION
The City of Denton uses the Tele -Works Summation 360 System to provide access to interactive
applications and associated payment services for utility billing and the ability to search building
permits and schedule inspections. The Summation 360 System is a hosted solution enabling the
City of Denton to meet Payment Card Industry (PCI) compliance requirements for processing
credit cards.
With this solution, the responsibility for complying with PCI regulations shifts from the City of
Denton to a vendor requirement reducing the City's risk and liability issues for mishandling
credit card payments. This solution also provides integrated customer notifications for utility
billing account status via text messaging and e -mail. Customer billing status may also be viewed
from the Internet portal reducing the need for paper billing. In addition, a mobile version of the
software is available allowing utility customers to view bills and account status from a smart
phone.
It is essential for the City of Denton to keep current maintenance and subscriptions with the
software vendor in order to ensure availability of upgrades, software fixes, and access to
knowledge and support resources. The Technology Services department could not identify any
vendors within the city limit that could provide software maintenance for this application.
Therefore, purchasing this hosted maintenance and subscription from the above vendor is the
best value for the City of Denton.
Tele- Works, Inc. is the sole source vendor for software maintenance and subscriptions for the
Tele -Works System and associated software modules. Section 252.022 of the Local Government
Code provides that procurement of items that are only available from one source do not have to
be competitively bid.
Agenda Information Sheet
September 17, 2013
Page 2
RECOMMENDATION
Technology Services recommends awarding to Tele- Works, Inc. for the hosted Summation 360
system three (3) year not -to- exceed amount of $260,000. The not -to- exceed amount includes an
estimated amount for years 2 and 3 and a contingency for software upgrades and technical
support as needed.
PRINCIPAL PLACE OF BUSINESS
Tele- Works, Inc.
Blacksburg, VA
ESTIMATED SCHEDULE OF PROJECT
October 1, 2013 through September 30, 2016.
FISCAL INFORMATION
Funding is budgeted in Technology Services operating account number 830400.6504 starting
October 1, 2013.
EXHIBITS
Exhibit 1: Quote
Exhibit 2: Sole Source
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 3 869
1 0 80 South Main Street
1:31acksburg, VA 24060
August 13, 2013
City of Denton, TX
Breakdown of Annual Fees
Fees Due Next Fiscal Year
Exhibit 1
0 (540) 953-2631
1' (540) 951-4016
www.summatiori360.com
Product
Fees
Utility Web and IVR Annual Subscription Fee
$45,000
Buildingworks IVR Annual Subscription Fee
$16,500
Hosted Alertworks Annual Subscription Fee
$6,750
Prepaid Minute Package for Outbound Callouts
$7,500 for 60,000 minutes*
Total
$75,750
*Prepaid minutes packages are refilled automatically when the balance falls to zero.
Please note that all annual subscription fees are subject to a 3% annual escalation following Year 1.
Thanks,
Kara Garnett
Exhibit 2
O (540) 953-2G31
1080 South Main Sheet F (540) 951-40P,
� r Black sbur;�, VA- 240G'0 ww .tele- «orks.com
August 13, 2013
Mr. Kevin Gunn
The City of Denton
601 East Hickory Street, Suite E
Denton, TX 76205
Subject: Sole Source Justification
Dear Mr. Gunn:
This letter serves to justify the sole source purchase of Tele- Works' upgrade to hosted services
for its eGovernment applications in the Water Utility and Community Development
Departments at the City of Denton. Tele -Works does not have 3rd parties that sell or maintain
our products, and we are the only vendor qualified to edit, modify, upgrade, and support the
existing systems in Denton. The software is comprised of proprietary programming code, and
3rd party editing would invalidate warranties and future support on the products, and could
disrupt service on a mission - critical part of the utility billing and payment process. As such, Tele-
Works is the only possible vendor qualified to complete this upgrade.
Tele -Works is excited to continue our long- standing relationship with Denton that began in
2001. If you have any questions, please do not hesitate to contact me by email at ischott @tele-
works.com or by phone at 540 - 951 -6470.
Sincerely,
John Schott
President and CEO
Tele -Works
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE SUBSCRIPTION FOR
THE CONTINUED PRODUCT UPGRADES AND SUPPORT OF SUMMATION 360, A
HOSTED SOLUTION FOR THE TELE -WORKS SYSTEM, WHICH IS AVAILABLE FROM
ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS
LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 3869 AWARDED TO TELE - WORKS, INC. IN THE THREE (3) YEAR NOT -
TO- EXCEED AMOUNT OF $260,000).
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; and
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 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3869 Tele- Works, Inc. $260,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only 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; and
need not be submitted to competitive bids.
SECTION 3. 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 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 3869 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4 -ORD -File 3869
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley �_A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving three (3) year software maintenance for continued vendor support of the Municipal
Court Incode software and hosted Insite web service, which is available from only one source
and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases
are exempt from the requirements of competitive bidding; and providing an effective date (File
4771 awarded to Tyler Technologies, Inc. in the three (3) year not -to- exceed amount of
$260,000).
FILE INFORMATION
The City Council approved the purchase of the Incode software package for Municipal Court as
part of the Fiscal Year 2009 -2010 Budget. The new software package was proposed because the
current software package was no longer meeting the needs of the Court in terms of flexibility in
data management and reporting tools. In researching new programs to recommend for purchase,
site visits were conducted in 2009 by a City team including a member of the Technology
Services staff, the Municipal Court Administrator, and the Municipal Judge. After this team
observed the software's real -world application in the City of Carrollton, the recommendation to
purchase Incode was proposed and approved.
As a supplement to the Incode software, Municipal Court is now proposing to implement Insite
which is a vendor hosted Court web service that provides on- demand payment, forms, and
information for citizens. This includes the one -time implementation cost and web service for
three (3) years.
It is essential for the City of Denton to keep current maintenance with the software vendor in
order to ensure availability of upgrades, software fixes, and access to knowledge and support
resources. The Technology Services department could not identify any vendors within the city
limit that could provide software maintenance for this application. Therefore, purchasing this
maintenance from the above vendor is the best value for the City of Denton.
Tyler Technologies, Inc. is the sole - source vendor for maintenance for the Incode Software Suite
of modules. Section 252.022 of the Local Government Code provides that procurement of items
that are only available from one source, do not have to be competitively bid.
Agenda Information Sheet
September 17, 2013
Page 2
RECOMMENDATION
Technology Services recommends awarding to Tyler Technologies, Inc. for Incode software
maintenance and hosted web service for a three (3) year not -to- exceed amount of $260,000. The
not -to- exceed amount includes an estimated amount for years 2 and 3 and a contingency for
software upgrades and technical support as needed.
PRINCIPAL PLACE OF BUSINESS
Tyler Technologies, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
October 1, 2013 through September 30, 2016.
FISCAL INFORMATION
Funding is budgeted in Technology Services operating account number 830400.6504.
EXHIBITS
Exhibit 1: Quote for Maintenance and Insite Implementation
Exhibit 2: Sole Source
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 4771
Exhibit 1
Renewals Quote
21"
Customer No. Date Page
42.792 06/19/2013 1 of 2
technologies
Customer: Ship To: S7X-AR-MST
Denton, Tx, City of Denton, Tx, City of
City of Denton City of Denton
215 E. McKinney Street 215 E. McKinney Street
Denton Tx, 76201 Denton Tx, 76201
Maintenance Period: 11/1/2012 to 10/31/2013
1 0
9 E 1 RUIZ Eel &ATURWL, lip] [A 4
Current Fee
Renewal Fee
Automated Macro Scheduling - Maintenance
$1,378,13
$1,447,04
Maintenance Period: 11/1/201.2 to 10/31/2013
Epson TM-H6000111 Thermal Receipt Printer - Maintenance
$245.65
$270,22
Maintenance Period: 11/1/2012 to 10/31/2013
Epson TM-H6000III Thermal Receipt Printer - Maintenance
$245.65
$270,22
Maintenance Period: I1/1/2012 to 10/31/2013
Court Case Management - Maintenance
$31,834.69
$33,426.42
Maintenance Period: 11/1/2012 to 10/31/2013
Central Cash Collection - Maintenance
$3,445,31
$3,617.58
Maintenance Period: 11/1/2012 to 10/31/2013
Citation Issuing Device Interface - Maintenance
$620,71
$651.75
Maintenance Period: 11/1/2012 to 10/31/2013
Court INCODE Web Services - Maintenance
$1,212.75
$1,273.39
Maintenance Period: 11/1/2012 to 10/31/2013
General Ledger Interface - Maintenance
$1,515,94
$1,591-74
Maintenance Period: 11/1/2012 to 10/31/2013
Secure Signatures - Maintenance
$379.26
$398.22
Maintenance Period: 11/1/2012 to 10/31/2013
Tyler Output Processor Server - Maintenance
$1,591,73
$1,671.32
Maintenance Period: 11/1/2012 to 10/31/2013
Laserfiche Output Channel - Maintenance
$1,21.2,75
$1,273.39
Maintenance Period: 11/1/2012 to 10/31/2013
LF Court Suite Interface - Maintenance
$1,27339
$1,337.06
Maintenance Period: 11/1/2012 to 10/31/2013
Acu Corp - Maintenance
$1,801.49
$1,891.56
Maintenance Period: 11/1/2012 to 10/31/2013
Accu. ODBC - Maintenance
$1,984,50
$2,083,73
Maintenance Period: 11/1/2012 to 10/31/2013
Epson TM-H6000111 Thermal Receipt Printer - Maintenance
$25410
$279.51
Maintenance Period: 11/1/2012 to 10/31/2013
Epson TM-H6000III Thermal Receipt Printer - Maintenance
$254,10
$279.51
Maintenance Period: 11/1/2012 to 10/31/2013
1 0
9 E 1 RUIZ Eel &ATURWL, lip] [A 4
menewals Quote
Fa
Customer No. Date Page
tyler e chnologies 4279,2 06/19/2013 2 of 2
t
Customer: Ship To: STX-AR-MST
Denton, Tx, City of Denton, Tx, City of
City of Denton City of Denton
215 E. McKinney Street 215 E. McKinney Street
Denton Tx, 76201 Denton Tx, 76201
Maintenance Period: 11/1/2012 to 10/31/2013
Current Fee
Renewal Fee
Epson TM-1-16000111 Thermal Receipt Printer - Maintenance
$254,10
$279,51
Maintenance Period: It/1/2012 to 10/31/2013
Epson TM-H6000111 Thermal Receipt Printer - Maintenance
$254.10
$279.51
Maintenance Period: 11/1/2012 to 10/31/2013
Epson TM-146000111 Thermal Receipt Printer - Maintenance
$254.10
$279,51
Maintenance Period: 11/1/2012 to 10/31/2013
Media Plus Automated Cash Drawer - Maintenance
$48.38
$5122
Maintenance Period: 11/1/2012 to 10/31/2013
Media Plus Automated Cash Drawer - Maintenance
$48.38
$53.22
Maintenance Period: 11/1/2012 to 10/31/2013
Media Plus Automated Cash Drawer - Maintenance
$48.38
$5122
Maintenance Period: 11/1/2012 to 10/31/2013
Media Plus Automated Cash Drawer - Maintenance
$4838
$5122
Maintenance Period: 11/1/2012 to 10/31/2013
Media Plus Automated Cash Drawer - Maintenance
$411.38
$53.22
Maintenance Period: 11/1/2012 to 10/31/2013
Epson TM-1-16000111 Thermal Receipt Printer - Maintenance
$254.10
$279.51
Maintenance Period: 11/1/201.2 to 10/31/2013
Epson TM•H6000111 Thermal Receipt Printer - Maintenance
$254,10
$27931
Maintenance Period: 11/1/2012 to 10/31/2013
Epson TM-H6000111 Thermal Receipt Printer - Maintenance
$254,10
$279,51
Maintenance Period: 11/1/2012 to 10/31/2013
Epson TM-1-16000111 Thermal Receipt Printer - Maintenance
$254,10
$279,51,
Maintenance Period; I1/1/2012 to 10/31/2013
Epson TM-H6000111 Thermal Receipt Printer - Maintenance
$254.1.0
$279,51
Maintenance Period: 11/1/2012 to 10/31/2013
System Software - Maintenance
$250,00
$250.00
Maintenance Period: 1/1/2050 to 12/31/2,050
General Ledger (non-Incode) Interface (payment import)
$2,406.00
$2,526.30
Maintenance Period: 11/1/2012 to 10/31/2013
10"010TR
Tyler Technologies
Renee Dibeck
551953 rd St. Suite 2
Lubbock, TX 79,414 1
Your firm has been selected as a vendor providing annual maintenance and continued
vendor support of the Tyler Technologies Incode software. You have indicated to us that
you are the only existing vendor of this/these commodities. Due to statutory
requirements, unless you are the "single or sole source" of this/these commodities we
must bid their procurement competitively. Single source, in this case, means that you
are the only company that can supply us with this commodity. We are required to
confirm this status with you. Please respond as necessary to the following questions
and return this sheet to us via U.S. Mail or fax. Call if you have any questions.
1. Are youlfie sole or single source vendor for the commodities named above?
2. Is there any other ve ndor that offers this service?
Yes V' No
If you are not the single source vendor of this service please list the other vendors we
need to contact for bids:
If you answered questions above as a single source vendor please sign below to certify
that you are the single source of this material and return to:
Elton Brock Purchasing Agent
901 B, Texas Street
Denton, Texas 76209
M , 0 RIMM
oe
Signed:
Print Name:
commodity or commodities.
(Company Official)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE MAINTENANCE FOR
CONTINUED VENDOR SUPPORT OF THE MUNICIPAL COURT INCODE SOFTWARE
AND HOSTED INSITE WEB SERVICE, WHICH IS AVAILABLE FROM ONLY ONE
SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL
GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS
OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4771
AWARDED TO TYLER TECHNOLOGIES, INC. IN THE THREE (3) YEAR NOT -TO-
EXCEED AMOUNT OF $260,000).
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; and
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 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4771 Tyler Technologies, Inc. $260,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only 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; and
need not be submitted to competitive bids.
SECTION 3. 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 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 4771 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
5 -ORD -File 4771
u�dgO Coir sei'0 , ei'A
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley i -A
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving three (3) year software maintenance for continued vendor support of the hosted
Millennium Library System and associated hardware and software modules, which is available
from only one source and in accordance with Chapter 252.022 of the Texas Local Government
Code such purchases are exempt from the requirements of competitive bidding; and providing an
effective date (File 3224 awarded to Innovative Interfaces, Inc. in the three (3) year not -to-
exceed amount of $295,000).
FILE INFORMATION
The City of Denton uses the hosted Millennium software and associated modules for maintaining
Library patron accounts, managing the Library collection, and processing fines and fees. It is
essential for the City of Denton to upkeep current maintenance with the software vendor in order
to ensure availability of upgrades, software fixes, and access to knowledge and support
resources. The Technology Services department could not identify any vendors within the city
limits that could provide software maintenance for this application. Therefore, procuring this
maintenance from the above vendor is the best value for the City of Denton.
Innovative Interfaces, Inc. is the sole source vendor for maintenance for the Millennium Library
System and associated hardware and software modules. Section 252.022 of the Local
Government Code provides that procurement of items that are only available from one source, do
not have to be competitively bid.
RECOMMENDATION
Technology Services recommends awarding to Innovative Interfaces, Inc. for hosted Millennium
software and associated modules for a three (3) year not -to- exceed amount of $295,000. The not -
to- exceed amount includes an estimated amount for years 2 and 3 and a contingency for software
upgrades and technical support as needed.
PRINCIPAL PLACE OF BUSINESS
Innovative Interfaces, Inc.
Emeryville, CA
Agenda Information Sheet
September 17, 2013
Page 2
ESTIMATED SCHEDULE OF PROJECT
November 1, 2013 through October 31, 2016.
FISCAL INFORMATION
Funding is budgeted in Technology Services operating account number 830400.6504 starting
October 1, 2013.
EXHIBITS
Exhibit 1: Quote and Millennium Library System Fee Schedule
Exhibit 2: Sole Source Letter
Respectfully submitted
Chuck Springer, 349 -8260
Director of Finance
1 -.CIS -File 3224
Exhibit 1
pp IF'1' III
DENTON PUBLIC LIBRARY SYSTEM
July 2, 2013
SIERRA MAINTENANCE:
For the period ';q ,b ';I „, 20'.1.3 'to October 31, 20'.1.4
TOTAL: $44,388
THIS INFORMATION IS CONFIDENTIAL BETWEEN DENTON
PUBLIC LIBRARY SYSTEM AND INNOVATIVE INTERFACES, INC.
xi
Sarita Sdoeung
Invoicing Specialist
Exhibit 1
DENTON PUBLIC LIBRARY SYSTEM
'Tuesday, July 02, 2013
MILLENNIUM BASE SOFTWARE
Online Public Access Catalog
Unlimited Web OPAL User License
MILLENNIUM Web OPAC
Full OPAC Indexing
Advanced Keyword Search Engine
My MILLENNIUM Patron Empowerment Functions, including:
- -Place holds /cancel holds
-- Self - renewal of items
- -View status of booked items
- -View Special Reminder messages
Z39.50 Client and Sen-er (including Broadcast Searching)
Export Records /Create a Bibliography from OPAC
Table of Contents Display and Indexing
SCOPES
Set of four scopes - allows for defined various subsets of the catalog,
using locations and /or material types.
Cataloging
Unlimited Biblioerayhic, Item and Authority Record We sizes
Database Management System
MILLENNIUM Cataloging including Global Update
Cataloging Workstation (Graphical client software)
Authority' Control
Automatic Authority Processing
Report Writer
MILLENNIUM File Transfer Software
OCLC Interactive Interlace via the Internet
Link Maintenance -- Sort Items by Location. Sviiclronize Location
Codes
Report Writer
MILLENNIUM Create Lists
Online Storage for 80 Simultaneous Management Report Review
Files
MILLENNIUM Management Reports
Circulation
Unlimited Item Record File Size and Unlimited Patron Record
File Size
Circulation Notices via Email
MILLENNIUM Offline Circulation Software (Site License)
Inventon- Control
Homebound Module
Family Records
9/2/2013 MILLENNIUM MAINTENANCE DENTP MxList.xls
Exhibit 1
DENTON PUBLIC LIBRARY SYSTEM
9/2/2013 MILLENNIUM MAINTENANCE DENTP MxList.xls
Inter - Library Loan
Transmit ILL requests via ISO 1016X protocol (e.g. OCLCI
Transmit ILL requests via email to other libraries
Support for Multiple ILL Departments
Interface to 3M Self Check
Sewer software and 1 client workstation
Collection Agency Interface
Community Information Database
Foreign Language OPAC Interface (Spanish)
Acquisitions & Fund Accounting
Unlimited Order Record File Size
Ordering/Receiving/P.O. Printing
Invoice Processing and Fund Accounting
Claiming
Hierarchical Fund Reports
Foreign Currency Conversion
Vendor Statistics
Worksheet Printing
Electronic Serials Invoice Processing
Teleforms
2 phone lines, 2 msgs
Web Access Management
Provides patron authentication and proxy sen-ice for offsite patron
access to
licensed databases
Staff User Licenses
License for 40 simultaneous staff MILLENNIUM users
Year 1
Free Maintenance Period
Year 2
$24,251.00
Montly
Amount
# of Months
Extended
Notes
Maintenance per contract for Year 2
$2,021
12
$24,251
AddffiontIieniovai after Contrac.tw
9/2/2013 MILLENNIUM MAINTENANCE DENTP MxList.xls
Exhibit 1
DENTON PUBLIC LIBRARY SYSTEM
Modem -only Access
$100
Effective 111104
$2,121
6I 522 J . * ,<
$J86
Patron API
$70
Effective 1011104
$2,377
[2] Self Check -SIP2 (total to 3)
$50
Effective 211105
$2,427
Software Plus
$250
Effective 1011105
$2,677
2% Increase (2005)
$48
Effective 111106
$2,725
Online Patron Registration
$35
Effective 211106
$2,760
SIP2 (total to 4)
$25
Millennium Serials
$50
Effective 911106
$2,835
Electronic Ordering (EDIFACT)
$50
Effective 1111106
$2,885
2.5% Increase (2006)
$68
Edifact Invoicing
$19
[2] SIP2 (total to 6)
$50
Effective 111107
$3,022
2.5% Increase (2007)
$75
Spellcheck
$18
Effective 1111107
$3,115
4.2% Increase (2008)
$130
Removed Bisac
($50)
Removed Software Plus
($250)
Effective 1111108
$2,945
2009's Increase
$40
[10] Staff Users (total to 50)
$150
AirPac
$95
Floating Collections
$67
Effective 1111109
$3,297
Enterprise
$37
Ecommerce
$65
Effective 711110
$3,399
1.9% Increase (2010)
$63
Effective 11/1/10
$3,462
1.9% Increase (2011)
$66
Remove [6] B321 * **
($l186)
Effective 711111
$3,342
1% increase (2012)
$33
Effective 11/1/2012
$3,375
[9] Additional SIP2s
$203
9/2/2013 MILLENNIUM MAINTENANCE DENTP MxList.xls
Exhibit
DENTON PUBLIC LIBRARY SYSTEM
Effective 0610112013 $3,578
3.5% increase (2013) $121
Effective 111112013 $3,699 12
AnnuaI Totak November 2013-2014 $44,388
SkJBSCRIFTIONS RENEWAL "TERM AIVIWANIT
ENCORE SUBSCMFI]ON APRH.. 2014 2015 $ 17,750
Total for Subscription Renewals $41,538
NOTES: Maintenance and Renewals
$85,926
9/2/2013 MILLENNIUM MAINTENANCE DENTPMxU/t.x|s
Exhibit 2
Innovative Interfaces, Inc.
Sarita Sdoeung
5850 Shellmound Way
Emeryville, CA 94608
Dear Sarita:
Your firm has been selected as a vendor providing annual maintenance and continued vendor
support of the Sierra Library System and associated software modules. You have indicated to us
that you are the only existing vendor of this /these commodities. Due to statutory requirements,
unless you are the "single or sole source" of this /these commodities we must bid their procurement
competitively. Single source, in this case, means that you are the only company that can supply us
with this commodity. We are required to confirm this status with you. Please respond as necessary
to the following questions and return this sheet to us via U.S. Mail or fax. Call if you have any
questions.
1. Are you the sole or single source vendor for the commodities named above?
—X—Yes No
2. Is there any other vendor that offers this service?
Yes X No
If you are not the single source vendor of this service please list the other vendors we need to
contact for bids:
If you answered questions above as a single source vendor please sign below to certify that you are
the single source of this material and return to:
Elton Brock, Purchasing Agent
901 B Texas Street
Denton, Texas 76209
Or Fax to (940) 349 -7302
1 certify that we are the sole source of the above listed commodity or commodities
ti
Signed: -
Title: Invoicing Specialist
Print Name: Sarita Sdoeung
Date: July 2, 2013
Exhibit 2
pp C111 1",
III
July 2, 2013
Elton Brock, Purchasing Agent
901 B Texas Street
Denton, TX 76209
Fax: 940 - 349 -7302
Please be advised that Innovative Interfaces, Inc. is the sole
manufacturer of the SIERRA system in use by Denton Public
Library, hosted at Innovative's secure facility. Therefore is the sole
source for providing maintenance services for the software of said
system.
Innovative Interfaces, Inc. warrants that the prices set forth in this
quotation do not exceed those charged by Seller to any other
customers purchasing maintenance for the same items in like or
comparable quantities.
Please feel free to contact me if you have any questions.
Regards,
y
Sarita Sdoeung
Invoicing Specialist
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE MAINTENANCE FOR
CONTINUED VENDOR SUPPORT OF THE HOSTED MILLENNIUM LIBRARY SYSTEM
AND ASSOCIATED HARDWARE AND SOFTWARE MODULES, WHICH IS AVAILABLE
FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE
TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 3224 AWARDED TO INNOVATIVE INTERFACES, INC. IN THE THREE (3)
YEAR NOT -TO- EXCEED AMOUNT OF $295,000).
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; and
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 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
3224 Innovative Interfaces, Inc. $295,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only 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; and
need not be submitted to competitive bids.
SECTION 3. 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 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 3224 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4 -ORD -File 3224
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: City Manager's Office
ACM: Bryan Langley �Jt.
SUBJECT
Consider approval of a resolution approving the City of Denton's Strategic Plan and Key
Performance Indicators for FY 2013 -14; and providing for an effective date.
BACKGROUND
After many months of work by the City Council and staff, the City Council adopted its first
Strategic Plan on April 5, 2011. The Strategic Plan is a product of the input generated from the
2008/2009 Citizen Survey, two City Council Planning Sessions, two Leadership Retreats, and a
special appointed Strategic Planning Steering Committee. The Strategic Plan is intended to serve
as a roadmap for achieving long -term goals and objectives that capture the City's Vision,
Mission, and Value statements. The Strategic Plan adopted in April 2011 is attached as Exhibit 1.
In the fall of 2011, staff also began a second phase of the strategic planning process to more
clearly link departmental functions to the strategic plan, define appropriate performance
indicators, and develop systematic reporting mechanisms. The result of this process was the
creation of a Strategic Plan Performance Report. This report was first produced in March 2012,
and the document is updated and published on a routine basis in the Quarterly Financial Report.
As part of the FY 2013 -14 budget process, staff presented an updated version of the Strategic
Plan to the City Council for consideration. In response to feedback received from the City
Council, staff revised Key Focus Area I- Organizational Excellence, goal 4, to read "Achieve a
high level of customer satisfaction ". In addition, two more objectives under this goal have been
added. These objectives are to "provide exemplary customer service" and to "seek creative
means to help customers achieve their goals ". Further, based on City Council feedback, staff has
added the "seek creative means to help customers achieve their goals" objective to goals 1 and 2
of Key Focus Area 3 — Sustainable Economic Development and Environmental Stewardship.
Additionally, staff also provided the City Council with the FY 2013 -14 proposed Key
Performance Indicators (KPIs) for each of the Strategic Plan goals. After discussing the KPIs
with the City Council, and additional staff review, staff is proposing that the Code Enforcement
KPIs on KFA 4 be changed to reflect a percentage of activity rather than a specific target
amount. The updated Strategic Plan and KPIs are attached to the resolution.
The purpose of this item is to request that the City Council formally adopt the Strategic Plan and
FY 2013 -14 Key Performance Indicators with the above described changes.
Agenda Information Sheet
September 17, 2013
Page 2
RECOMMENDATION
Staff recommends that the City Council adopt the City of Denton Strategic Plan and KPIs for FY
2013 -14, which is described in the attached resolution.
EXHIBITS
1. Strategic Plan Adopted on April 5, 2011
2. Resolution with Strategic Plan and Key Performance Indicators
Respectfully submitted:
Bryan Langley
Assistant City Manager
Exhibit 1
CITY OF DENTON STRATEGIC PLAN
Adopted by the City Council on April 5, 2011
KFA 1: ORGANIZATIONAL EXCELLENCE
Goal 1.1. Manage financial resources in a responsible manner.
Objective 1.1.1.
Utilize benchmarking, performance measurement, and progress evaluation to
improve operations.
Objective 1.1.2.
Develop and implement long -range strategic plans.
Objective 1.1.3.
Provide timely, accurate, and relevant financial information.
Objective 1.1.4.
Ensure adequate internal controls are in place to prevent waste, fraud, and abuse.
Objective 1.1.5.
Manage enterprise funds to achieve financial self- sufficiency.
Objective 1.1.6.
Maintain reasonable fees and rates for our citizens and customers.
Goal 1.2. Develop a high performance work force.
Objective 1.2.1.
Create succession and workforce management strategy to ensure organizational
sustainability and continuity.
Objective 1.2.2.
Attract, retain, and motivate qualified and diverse staff to ensure consistent
implementation of established vision.
Objective 1.2.3.
Establish a culture where employees feel valued and respected.
Objective 1.2.4.
Facilitate open inter- and intra- departmental communication and collaboration.
Objective 1.2.5.
Establish a culture of accountability at all levels of governance.
Goal 1.3. Promote
effective internal and external communication.
Objective 1.3.1. Maintain on -going staff communication with City Council, Boards, and Commissions.
Objective 1.3.2. Utilize both traditional and non - traditional forms of communication to disseminate
accurate information.
Objective 1.3.3. Actively seek feedback from citizens and employees, in order to identify and
implement programmatic changes, as appropriate.
Goal 1.4. Provide exemplary customer service.
Objective 1.4.1. Ensure all customer interactions are conducted in a professional and courteous
manner.
Objective 1.4.2. Respond to customer inquiries in a timely fashion.
Objective 1.4.3. Provide convenient methods of conducting business with the City.
Goal 1.5. Utilize technology to enhance efficiency and productivity.
Objective 1.5.1. Develop Information technology systems to automate routine processes.
Objective 1.5.2. Utilize data analysis to make informed management and operational decisions.
Objective 1.5.3. Reduce reliance on paper -based systems.
Exhibit 1
KFA 2: PUBLIC INFRASTRUCTURE
Goal 2.1. Optimize resources to improve quality of City roadways.
Objective 2.1.1. Manage City street funding based on Overall Condition Index (OCI) methodology.
Objective 2.1.2. Develop a long -range strategy to transition street funding to achieve the OCI criteria.
Objective 2.1.3. Improve the design criteria for all dedicated roadways.
Objective 2.1.4. Maintain an acceptable level of service on all City roadways.
Objective 2.1.5. Design and construct all capital street projects on a 40 -year design life.
Objective 2.1.6. Update the Mobility Plan every five years.
Goal 2.2. Seek solutions to mobility demands and enhance connectivity.
Objective 2.2.1. Coordinate with DCTA to provide effective multi -modal connectivity.
Objective 2.2.2. Coordinate with TxDOT to maintain and enhance the state road network.
Objective 2.2.3. Improve walkability /pedestrian access.
Objective 2.2.4. Encourage and improve bicycle mobility.
Objective 2.2.5. Enhance aviation infrastructure at the Denton Airport.
Goal 2.3. Promote superior utility services and facilities.
Objective 2.3.1.
Plan for long -term resource acquisition and development.
Objective 2.3.2.
Assure regulatory compliance and legislative oversight.
Objective 2.3.3.
Protect public health and provide reliable service.
Objective 2.3.4.
Ensure operational and environmental sustainability.
Objective 2.3.5.
Effectively maintain and operate municipal facilities.
Objective 2.3.6.
Develop and support rates to provide funding for strategic objectives.
Goal 2.4. Manage drainage infrastructure.
Objective 2.4.1.
Require new drainage infrastructure to design 100 -year flood protection, based on
fully developed conditions.
Objective 2.4.2.
Rehabilitate existing drainage system in compliance with 100 -year flood protection
criteria.
Objective 2.4.3.
Develop funding mechanism to rehabilitate inadequate drainage system components
over a 20 -year period.
Objective 2.4.4.
Require finished floor elevation certification on studied and unstudied drainage
basins.
Objective 2.4.5.
Maintain street sweeping in compliance with the municipal good housekeeping
management practices associated with storm water regulations.
Goal 2.5. Develop Capital Improvement Program (CIP) based on community needs.
Objective 2.5.1. Manage existing and future infrastructure needs to meet projected growth trends.
Objective 2.5.2. Develop and implement financing plans for identified infrastructure needs.
Exhibit 1
KFA 3: SUSTAINABLE ECONOMIC DEVELOPMENT & ENVIRONMENTAL STEWARDSHIP
Goal 3.1. Manage and facilitate growth, development, and redevelopment opportunities.
Objective 3.1.1.
Update Comprehensive Plan.
Objective 3.1.2.
Execute Downtown Implementation Plan (DTIP).
Objective 3.1.3.
Promote Smart Growth /Infill initiatives in assessing development projects.
Objective 3.1.4.
Preserve and maintain historic structures and culture of Denton.
Objective 3.1.5.
Encourage environmentally - sustainable development, business, and construction
practices.
Goal 3.2. Encourage economic development.
Objective 3.2.1.
Create comprehensive Economic Development incentive policy to maximize Return
on Investment to community.
Objective 3.2.2.
Develop marketing effort to build on existing assets.
Objective 3.2.3.
Create Industrial Park Master Plan, identifying challenges and opportunities for
sound growth.
Objective 3.2.4. Focus on economic development efforts that enhance the development of the
University of North Texas Discovery Park.
Objective 3.2.5. Increase growth of visitor industry in Denton.
Goal 3.3. Promote environmental sustainability.
Objective 3.3.1.
Establish sustainability goals and actions.
Objective 3.3.2.
Improve local and regional air quality.
Objective 3.3.3.
Manage natural resources responsibly.
Objective 3.3.4.
Provide public education and involvement opportunities.
Objective 3.3.5.
Ensure financial integrity of sustainability efforts.
Exhibit 1
KFA 4: SAFE, LIVABLE, and FAMILY FRIENDLY COMMUNITY
Goal 4.1. Enhance public safety in the community.
Objective 4.1.1. Expand departmental collaboration and community partnerships by increasing
involvement, communication, education, and utilizing technology.
Objective 4.1.2. Secure and deploy public safety resources in the most effective and efficient manner
possible.
Objective 4.1.3. Evaluate existing and future public safety facility needs in order to provide the most
effective delivery of emergency response services.
Objective 4.1.4. Focus on prevention programs to heighten awareness, minimize loss, and support a
safer community.
Objective 4.1.5. Maintain a high level of preparedness through planning, training, and the utilization
of resources.
Goal 4.2. Seek clean and healthy neighborhoods in the City of Denton.
Objective 4.2.1.
Provide effective code enforcement services that meet community expectations.
Objective 4.2.2.
Promote positive environmental behaviors and practices for the City of Denton and
its residents.
Objective 4.2.3.
Enhance the quality, livability, and sustainability of the neighborhoods in Denton.
Objective 4.2.4.
Support revitalization efforts of existing low- moderate income neighborhoods.
Goal 4.3. Provide quality, diverse, and accessible neighborhood services for the community.
Objective 4.3.1. Meet customer needs through quality and diverse programs.
Objective 4.3.2. Provide quality parks, libraries, and recreation services to promote leisure, cultural,
and educational opportunities in the community.
Objective 4.3.3. Promote a family friendly environment.
Objective 4.3.4. Co- sponsor annual community events and festivals.
4
Exhibit 1
KFA 5: PARTNERSHIPS AND REGIONAL LEADERSHIP
Goal 5.1. Actively participate in regional, state, and federal initiatives.
Objective 5.1.1.
Maintain dialogue with state and federal delegation and agencies.
Objective 5.1.2.
Promote bi- annual legislative agenda and congressional priorities.
Objective 5.1.3.
Pursue effective representation at the state and federal levels.
Goal 5.2. Maintain visible and effective relationships with governmental and non - governmental
organizations.
Objective 5.2.1.
Maintain dynamic presence at the local Chambers of Commerce.
Objective 5.2.2.
Participate in regional, state, national, and international coalitions (RTC, NCTCOG,
TML, NLC, ICMA, etc).
Objective 5.2.3.
Support staff participation in regional, state, national, and international professional
organizations.
Objective 5.2.4.
Build relationships with key organizations to enhance community and social services.
Objective 5.2.5.
Cultivate mutually beneficial relationships with local educational and governmental
institutions.
s:A legal \our documents resolutions \13 \strategic plan.doc EXHIBIT 2
RESOLUTION NO.
A RESOLUTION APPROVING THE CITY OF DENTON' S STRATEGIC PLAN AND KEY
PERFORMANCE INDICATORS FOR FY 2013 -14; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, a strategic plan is necessary to define who we are as an organization, what
we envision for the future of the City in accordance with citizen expectations, and how we plan
to achieve the long -term vision; and
WHEREAS, a strategic plan is the result of thorough analyses of the internal and external
environment in which an organization operates; and
WHEREAS, a strategic plan allows elected officials and administrators to better respond
to and plan for the pressures and dynamics that may impact policy and administrative decisions;
and
WHEREAS, the City of Denton embarked on the development of a strategic plan to serve as
a roadmap for achieving long -term goals and objectives; and
WHEREAS, the Strategic Plan captures the City's vision, mission, and value statements;
and
WHEREAS, key stakeholders were engaged throughout the development of the Strategic
Plan, including the citizens, City Council, City management, and the Leadership Team; and
WHEREAS, the City Council adopted its first Strategic Plan on April 5, 2011; and
WHEREAS, the City Council has discussed updating this Strategic Plan and identifying
Key Performance Indicators as part of the FY 2013 -14 budget process; and
WHEREAS, the City Council wishes to formally approve the updated Strategic Plan and
Key Performance Indicators for FY 2013 -14; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The Strategic Plan and Key Performance Indicators attached as Exhibit "A"
is hereby approved by the City Council.
SECTION 2. The City Manager, or his designee, will bring forth the Strategic Plan for
annual review by the City Council.
S:A Legal \Our Documents Resolutions 13 strategic plan.doc EXHIBIT 2
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: - ,✓�
Page 2
MARK A. BURROUGHS, MAYOR
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sAlegal \our documents\miseellaneous \13 \091713 ais gas well fee ordinance.doc
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Legal Department
CM /DCM /ACM: Anita Burgess, City Attorney
uudgO Coii se i3O Agei,Aa U
SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas setting Planning
and Development Fees and Road Damage Remediation Fee Calculation Ordinance relating to
gas well drilling and production in the City of Denton and its Extraterritorial Jurisdiction;
repealing Section 2 of Ordinance 2011 -100; and setting an effective date.
BACKGROUND: Council has requested, and staff has prepared, an ordinance setting forth the
Planning and Development Fees and Road Damage Remediation Fee Calculation Formula
relating to gas well drilling and production in the City of Denton and its Extraterritorial
Jurisdiction. The purpose of adopting this ordinance is to determine whether the current
schedule of Planning and Development Fees remains reasonable as associated with the City's
oversight of gas well drilling and production activities. Since 2010 when the initial study of cost
of services was conducted, the City established the Gas Well Inspections Division to perform gas
well permitting and annual inspection services, previously performed by other City Staff. Also,
the City Council adopted comprehensive changes to Gas Well Drilling and Production Ordinance
on January 15, 2013. One particular change involves a new requirement that gas well operators
submit an Erosion Control and Sedimentation Plan as part of the gas well permitting process.
This creates an additional review and site inspection, as well an additional annual site inspection
to confirm that the gas well operators are in compliance with the plan.
These two events prompted an inquiry into whether the Planning and Development Fees adopted
in 2011 are still reasonable. City Staff undertook a comprehensive review and analysis of the
fees. While the fees have increased, they are still reasonable and do not exceed the cost to the
City in providing the scheduled services as they appear in Section 2 of the Ordinance.
In addition, the City performed an updated comprehensive review of its 2004 Road Damage
Remediation Fee Study to determine the current reasonable cost to repair the City's damaged
roadways resulting from the heavy truck traffic associated with gas well drilling and production
activities. The proposed damage repair cost data and accompanying fee calculation formula
appear in Exhibit A of the Ordinance.
OPTIONS: Approve, deny, or postpone the action.
RECOMMENDATION: Staff recommends approval of this Ordinance.
LLAISsS
Anita Burgess
sAlegal \our documents \ordinances \13 \amended gas well fees - 091713 version.doe
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING PLANNING AND
DEVELOPMENT FEES AND ROAD DAMAGE REMEDIATION FEE CALCULATION
FORMULA RELATING TO GAS WELL DRILLING AND PRODUCTION IN THE CITY OF
DENTON AND ITS EXTRATERRITORIAL JURISDICTION; REPEALING SECTION 2 OF
ORDINANCE 2011 -100; AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2011 -100, the City Council of the City of
Denton, Texas amended the Planning and Development Fee Schedule established by prior
ordinances, by amending fees relating to gas well drilling and production within the city limits
and extraterritorial jurisdiction; and
WHEREAS, since the adoption of Ordinance No. 2011 -100, the City established the Gas
Well Inspections Division to perform gas well permitting, annual inspection services and other
services and overhead related to the City's oversight of gas well drilling and production
activities; and
WHEREAS, on January 15, 2013, the City Council adopted comprehensive changes to
the Gas Well Drilling and Production Ordinance, of which a particular change involves the
addition of a new permitting activity, specifically the Erosion Control and Sedimentation Plan
Review, and a resulting post - permit Erosion Control and Sedimentation Plan Annual Inspection
as required by this Ordinance; and
WHEREAS, given these changes, the City undertook a comprehensive review and
analysis of the fees, standards and procedures associated with gas well drilling and production to
determine that whether the fees, both existing and newly proposed, resulting from the January
15, 2013 Gas Well Drilling and Production Ordinance, are reasonable; and
WHEREAS, as part of the Gas Well Drilling and Production Ordinance, gas well drilling
operators are required to enter into a Road Damage Remediation Agreement to cover the cost to
repair damages to the City's roadways caused by the heavy truck traffic associated with the
operators' gas well drilling activities; and
WHEREAS, the road damage data and formula used to determine the appropriate Road
Damage Remediation Fee also underwent a comprehensive review this year to determine the
current reasonable cost to repair the City's roadways resulting from the heavy truck traffic
associated with typical gas well drilling operations; and
WHEREAS, based on the gas well permitting and inspection fees and road damage
remediation fee comprehensive reviews, the City Council finds that the fees relating to gas well
drilling and production, and the road damage data and formula associated with the Road Damage
Remediation Agreement requirement, as set forth herein, are reasonable, and do not exceed the
reasonable cost to the City in providing the scheduled services, and are in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Page 1
s: \legal \our documents \ordinances \13 \amended gas well fees - 091713 version.doc
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and found to be true.
SECTION 2. The Planning and Development Fee Schedule for gas well production is
adopted, as set forth in the table below:
Activity Fee
The following fees shall be charged for the first two (2) reviews
Gas Well SUP Review
$12,970
Gas Well Development Site Plan
$7,675
Additional Engineering Fee
$390
Additional Fee for Full Landscape Plan Review (includes initial and follow -up
inspection)
$350
Additional Fee for Second Follow -Up inspection (third site visit) for Full
Landscape Plan Review
$265
Additional Fee for Full Tree Mitigation Review (includes initial and follow -up
inspection)
$240
Additional Fee for Second Follow -Up inspection (third site visit) for Full Tree
Mitigation Review
$165
Additional Fee for Erosion and Sediment Control Plan Review
$155
Additional Fee for Follow -Up inspection (second site visit) for Erosion and
Sediment Control Plan Review
$130
Initial Gas Well Inspections (includes Erosion and Sediment Control Plan initial
inspection) upon issuance of a Gas Well Permit
$1,715
Gas Well Development Plat Review
$5,320
Additional Engineering Fee
$390
Gas Well Site Plan /Plat Amendment
$7,675/$5,320
Additional Engineering Fee
$390
The same fees listed under the Gas Well Development Site Plan category above
shall be charged, if applicable
The following fees shall be charged annually, per gas well
Annual Inspection and Administration Fee (within City) (covers two annual
inspections)
$1,220
Additional Fee for each follow -up inspection beyond the two annual inspections
$565
Annual Inspection and Administration Fee (within ETJ) (covers two annual
inspections
$450
Additional Fee for each follow -up inspection beyond the two annual inspections
$85
Annual Erosion and Sediment Control Inspection
$155
The following fees shall be charged pear each application
Transfer of Operation
$320
Watershed Protection Permit
$205
Gas Well Permit
$515
SECTION 3. The Road Damage Remediation Fee Calculation Formula, which appears
Page 2
sAlegal \our documents \ordinances \13 \amended gas well fees - 091713 version.doc
and is based on the road damage remediation calculations set forth in Exhibit "A ", for gas well
drilling and production is adopted.
SECTION 4. Section 2 of Ordinance 2011 -100 is hereby superseded and repealed.
SECTION 5. This ordinance shall become effective at 12:01 a.m., September 18, 2013.
PASSED AND APPROVED this, the day of September
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ffiffi
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
/ J
MARK A. BURROUGHS, MAYOR
Page 3
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Transportation Operations
ACM: Jon Fortune
SUBJECT
Consider the adoption of an ordinance of the City of Denton, Texas, authorizing the execution of
a Third Amendment to Right of Entry and possession, by and between the City of Denton
( "City ") and the Denton County Transportation Authority ( "DCTA "), amending that certain right
of entry and possession, between the City and DCTA, dated April 17, 2012, Ordinance 2012-
072, granting DCTA access to the Euline Brock Downtown Denton Transit Center ( "DDTC) and
certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract Number 1184,
to conduct public transportation related operations; and providing an effective date.
BACKGROUND
The City of Denton and DCTA entered into an Interlocal Agreement as part of the design and
constriction of the DDTC on May 6, 2008. The Agreement states the City of Denton will
facilitate constriction of the Euline Brock DDTC through the use of a Federal Transit
Administration (FTA) grant and later convey the facility to DCTA. The City of Denton currently
owns the property where the DDTC was constricted and has applied the value of the real estate,
appraised at $750,000, as part of the 20- percent local match to leverage $3.1M in FTA funds.
The May 2008 agreement contemplated that the facility, once completed, will be conveyed to
DCTA for an amount not to exceed of $777,423, the local match of 20- percent. The May 6,
2008, Agreement also called for DCTA to provide $388,712 or 50- percent of the $777,423 to
serve as earnest money and allow for working capital in the relocation of the Facilities
Management operation that once occupied the DDTC before renovation. DCTA requested the
grant be formally closed by the FTA prior to the City's conveyance of the facility to DCTA.
The facility was substantially completed in May 2011 and occupied by DCTA in June 2011. On
May 3, 2011, DCTA and the City of Denton entered into a Right of Entry and Possession (ROE)
that authorized DCTA to formally occupy the facility upon the issuance of a certificate of
occupancy by the City of Denton. The original ROE states that DCTA will be responsible for
utility costs and for the maintenance of the DDTC for the term of the ROE; however, the City
shall make reasonable efforts to require warranty work of the contractors and material providers,
as requested by DCTA. A second amendment extended the ROE through September 30, 2013.
The proposed third amendment to the ROE will extend the term through June 2014 to allow for
the FTA to approve conveyance of the facility and associated assets. Denton City Council
received a report as part of the July 9, 2013 Council Work Session indicating that the FTA grant
Agenda Information Sheet
September 17, 2013
Page 2
for the Downtown Denton Transit Center (DDTC) was closed on June 3, 2013. City of Denton
staff and Denton County Transportation Authority (DCTA) staff are finalizing the official list of
all assets acquired through the FTA grant along with any remaining warranties. This list will be
required for the formal conveyance of the City of Denton property to DCTA and for the review
and approval by the FTA. Staff is hopeful the City of Denton and DCTA will complete the
conveyance and submit the agreement to the FTA within the next 60 days.
PRIOR ACTION/REVIEW
Council approved the first ROE on May 3, 2011, and approved the first amendment to the ROE
on June 7, 2011, expanding DCTA's rights to the Transit Center to allow for subletting of the
facility's retail space. Council approved the second ROE on April 17, 2012 extending the term to
September 30, 2013.
C('HFDITT ,F
The proposed extension is on the September 17, 2013 Mobility Committee agenda for
consideration of a recommendation to City Council. The DCTA Board of Directors will consider
the proposed third amendment at their September 26, 2013 meeting.
FISCAL INFORMATION
The proposed agreement will require DCTA to submit a sum of $10.00 to the City of Denton in
consideration for the Right of Entry and Possession.
EXHIBITS
1. Ordinance 2012 -072
2. Proposed Ordinance
Respectfully Submitted:
Marls Nelson
Transportation Director
sAlegal \our documents \ordinances \12 \dcta roe amendment ordinance.doc Exhibit 1
ORDINANCE NO. 2012 -072
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO RIGHT OF ENTRY AND POSSESSION,
BY AND BETWEEN THE CITY OF DENTON ( "CITY ") AND THE DENTON COUNTY
TRANSPORTATION AUTHORITY ( "DCTA "), AMENDING THAT CERTAIN RIGHT OF
ENTRY AND POSSESSION, BETWEEN THE CITY AND DCTA, DATED MAY 3, 2011,
GRANTING DCTA ACCESS TO THE DOWNTOWN DENTON TRANSIT CENTER
( "DDTC ") AND CERTAIN LANDS SURROUNDING THE DDTC, LOCATED IN THE
HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184, TO CONDUCT PUBLIC
TRANSPORTATION RELATED OPERATIONS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, effective May 3, 2011, pursuant to City of Denton Ordinance No. 2011 -073,
the City and DCTA entered into that certain Right of Entry and Possession (the "Original Right
of Entry "), granting DCTA the right to utilize and occupy the DDTC and certain lands
surrounding the DDTC, prior to the conveyance thereof by the City to DCTA;
WHEREAS, the Original Right of Entry was amended by that certain First Amendment
to Right of Entry and Possession (the "First Amendment "), dated on or about June 7, 2011,
Ordinance No. 2011 -099, expanding certain rights of occupation to DCTA, as more particularly
described therein (the Original Right of Entry, as amended by the First Amendment, is referred
to herein as the "Right of Entry ");
WHEREAS, the Right of Entry is to expire May 1, 2012;
WHEREAS, due to the delay in the conveyance of the above described real property, the
City and DCTA desire to extend the term of the Right of Entry;
WHEREAS, the City Council of the City deems it to be in the best interest of the City to
enter into the Second Amendment to Right of Entry and Possession with DCTA; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Second Amendment to Right of Entry and Possession, for and on behalf of the City, substantially
in the form as attached hereto and made a part hereof as Exhibit "A ".
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
Exhibit 1
PASSED AND APPROVED this the day of , 2012.
QA C. OU , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
, /� ' k - Lltt'
BY: AN
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Exhibit 1
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execution original.doc
SECOND AMENDMENT
TO
RIGHT OF ENTRY AND POSSESSION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THIS Second Amendment to Right of Entry and Possession (the "Second Amendment ")
is entered into and effective as set forth below, by and between the City of Denton, a Texas home
rule municipal corporation (the "City ") and Denton County Transportation Authority, a
coordinated county transportation authority created under Chapter 460 of the Texas
Transportation Code ( "DCTA ").
WHEREAS, effective May 3, 2011, pursuant to City of Denton Ordinance No. 2011 -073,
the City and DCTA entered into that certain Right of Entry and Possession (the "Original Right
of Entry ") granting DCTA the right to utilize and occupy the Property, as more particularly
defined and described in the Original Right of Entry, prior to the conveyance of the Property by
the City to DCTA;
WHEREAS, the Original Right of Entry was amended by that certain First Amendment
to Right of Entry and Possession (the "First Amendment "), dated on or about June 7, 2011,
Ordinance No. 2011 -099, expanding certain rights of occupation to DCTA, as more particularly
described therein (the Original Right of Entry, as amended by the First Amendment, is referred
to herein as the "Right of Entry ")
WHEREAS, the Right of Entry is to expire by its terms May 1, 2012;
WHEREAS, it is presently anticipated that the Property will not be conveyed by the City
to the DCTA prior to the expiration of the Right of Entry;
1
Exhibit 1
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execution original.doc
WHEREAS, due to the delay in the conveyance of the Property, the City and DCTA
desire to extend the Right of Entry;
WHEREAS, the City Council finds it to be in the best interest of the citizens of the City
of Denton to extend the Right of Entry, as provided below;
NOW, THEREFORE, for and in consideration of the sum of Ten and No /100 Dollars
($10.00) and other good and valuable consideration to it in hand paid by DCTA, the receipt and
sufficiency of which is hereby acknowledged, the City and DCTA hereby amend the Right of
Entry as follows:
1. Section 1 of the Right of Entry is hereby deleted in its entirety and replaced for all
purposes with the following:
1. Beginning on the Effective Date, DCTA may occupy and possess the
Property, other than the area of the Property constituting the DDTC, as shown on
Exhibit "A" to the Original Right of Entry. Beginning on or about June 1, 2011,
DCTA may occupy and possess the Property, inclusive of the DDTC. DCTA's right
to occupy and possess the Property, inclusive of the DDTC, shall continue until the
earlier to occur of (a) the conveyance of the Property to DCTA; and (b) September
30, 2013. DCTA's use and occupancy of the Property shall be solely for uses related
to public transportation activities and operations in connection therewith (the
"DCTA Activities "). Any other use of the Property by DCTA is expressly
prohibited.
Exhibit 1
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The City agrees to pursue and take reasonable measures to obtain (i) FTA approval of
the transfer of the Assets (as each term is defined in that certain Interlocal
Cooperation Agreement ( "ILA "), dated effective May 6, 2008, by and between the
City and DCTA); and (ii) closing of the 5309 Grant (herein so called), number TX-
03- 0293 -00, said 5309 Grant being referenced in the ILA. DCTA agrees to
reasonably cooperate with the City in its activities related to obtaining FTA approval
of the transfer of the Assets and the closing of the 5309 Grant.
2. Section 5 of the Right of Entry is hereby deleted in its entirety and replaced for all
purposes with the following:
5. In the event DCTA does not purchase the Property from the City on or
before September 30, 2013, the rights granted herein shall terminate and DCTA shall
immediately cease conducting the DCTA Activities, and shall vacate, in its entirety,
the Property and remove all personal property, rolling stock, trade fixtures and any
other property owned by DCTA from the Property not later than October 15, 2013.
Further, DCTA shall execute and deliver to the City a written stipulation and
acknowledgement on such date expressly (i) stipulating that all such property of
DCTA has been removed from the Property; and (ii) waiving any and all rights
DCTA may have to the Property pursuant to this Right of Entry and the property of
DCTA that may be located thereon. Notwithstanding anything herein to the
contrary, nothing in this Right of Entry shall be construed as releasing and /or
waiving, or requiring the release and/or waiver of, the rights and obligations of either
the City or DCTA set forth in the ILA.
3
Exhibit 1
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3. Each party hereto represents and warrants that it has taken all actions necessary to
authorize the person executing this Second Amendment of Right of Entry on such parry's
behalf to bind, in all respects, the party the person represents to all terms and provisions of this
Second Amendment of Right of Entry, and that such person possesses the authority to execute
this Second Amendment of Right of Entry and bind the party represented.
4. The Right of Entry shall remain valid and subsisting as originally provided, as amended
by the First Amendment and hereby.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment of
Right of Entry effective April 17, 2012 (the "Effective Date ").
THE CITY OF DENTON, TEXAS,
a Texas home rule municipal corporation
By VVOA
George C. Camp ell
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /
AP VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
ov 7
City Managp
DENTON COUNTY TRANSPORTATION
AUTHORITY, a coordinated county transportation
authority
By wwo C . �&�
Tames C. Cline, Jr., P.E., resident
4
sAlegal \our documents \ordinances \13 \dcta roe amendment ordinance.doe
ORDINANCE NO.
Exhibit 2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF A THIRD AMENDMENT TO RIGHT OF ENTRY AND POSSESSION, BY
AND BETWEEN THE CITY OF DENTON ( "CITY ") AND THE DENTON COUNTY
TRANSPORTATION AUTHORITY ( "DCTA "), AMENDING THAT CERTAIN RIGHT OF
ENTRY AND POSSESSION, BETWEEN THE CITY AND DCTA, DATED MAY 3, 2011,
AS PREVIOUSLY AMENDED, GRANTING DCTA ACCESS TO THE EULINE BROCK
DOWNTOWN DENTON TRANSIT CENTER ( "DDTC ") AND CERTAIN LANDS
SURROUNDING THE DDTC, LOCATED IN THE HIRAM SISCO SURVEY, ABSTRACT
NUMBER 1184, TO CONDUCT PUBLIC TRANSPORTATION RELATED OPERATIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, effective May 3, 2011, pursuant to City of Denton Ordinance No. 2011 -073,
the City and DCTA entered into that certain Right of Entry and Possession (the "Original Right
of Entry "), granting DCTA the right to utilize and occupy the DDTC and certain lands
surrounding the DDTC, prior to the conveyance thereof by the City to DCTA;
WHEREAS, the Original Right of Entry was amended by that certain First Amendment
to Right of Entry and Possession (the "First Amendment "), dated on or about June 7, 2011,
Ordinance No. 2011 -099, expanding certain rights of occupation to DCTA, as more particularly
described therein;
WHEREAS, the Original Right of Entry was further amended by that certain Second
Amendment to Right of Entry and Possession (the "Second Amendment "), dated on or about
April 17, 2012, Ordinance 2012 -072, extending the term of the Original Right of Entry (the
Original Right of Entry, as amended by the First Amendment and the Second Amendment, is
referred to herein as the "Right of Entry ");
WHEREAS, the Right of Entry is to expire September 30, 2013;
WHEREAS, due to the delay in the conveyance of the above described real property, the
City and DCTA desire to extend the term of the Right of Entry;
WHEREAS, the City Council of the City deems it to be in the best interest of the City to
enter into the Third Amendment to Right of Entry and Possession with DCTA; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Third Amendment to Right of Entry and Possession, for and on behalf of the City, substantially
in the form as attached hereto and made a part hereof as Exhibit "A ".
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
Exhibit 2
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
MIN
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,. _a
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THIRD AMENDMENT
TO
RIGHT OF ENTRY AND POSSESSION
STATE OF TEXAS §
COUNTY OF DENTON §
Exhibit 2
KNOW ALL MEN BY THESE PRESENTS
THIS Third Amendment to Right of Entry and Possession (the "Third Amendment ") is
entered into and effective as set forth below, by and between the City of Denton, a Texas home
rule municipal corporation (the "City ") and Denton County Transportation Authority, a
coordinated county transportation authority created under Chapter 460 of the Texas
Transportation Code ( "DCTA ").
WHEREAS, effective May 3, 2011, pursuant to City of Denton Ordinance No. 2011 -073,
the City and DCTA entered into that certain Right of Entry and Possession (the "Original Right
of Entry ") granting DCTA the right to utilize and occupy the Property, as more particularly
defined and described in the Original Right of Entry, prior to the conveyance of the Property by
the City to DCTA;
WHEREAS, the Original Right of Entry was amended by that certain First Amendment
to Right of Entry and Possession (the "First Amendment "), dated on or about June 7, 2011,
Ordinance No. 2011 -099, expanding certain rights of occupation to DCTA, as more particularly
described therein;
WHEREAS, the Original Right of Entry was further amended by that certain Second
Amendment to Right of Entry and Possession (the "Second Amendment "), dated on or about
April 17, 2012, Ordinance 2012 -072, extending the term of the Original Right of Entry (the
1
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Exhibit 2
Original Right of Entry, as amended by the First Amendment and the Second Amendment, is
referred to herein as the "Right of Entry ");
WHEREAS, the Right of Entry is to expire by its terms September 30, 2013;
WHEREAS, it is presently anticipated that the Property will not be conveyed by the City
to the DCTA prior to the expiration of the Right of Entry;
WHEREAS, due to the delay in the conveyance of the Property, the City and DCTA
desire to extend the Right of Entry;
WHEREAS, the City Council finds it to be in the best interest of the citizens of the City
of Denton to extend the Right of Entry, as provided below;
NOW, THEREFORE, for and in consideration of the sum of Ten and No /100 Dollars
($10.00) and other good and valuable consideration to it in hand paid by DCTA, the receipt and
sufficiency of which is hereby acknowledged, the City and DCTA hereby amend the Right of
Entry as follows:
1. Section 1 of the Right of Entry is hereby deleted in its entirety and replaced for all
purposes with the following:
Beginning on the Effective Date, DCTA may occupy and possess the
Property, other than the area of the Property constituting the DDTC, as shown on
Exhibit "A" to the Original Right of Entry. Beginning on or about June 1, 2011,
DCTA may occupy and possess the Property, inclusive of the DDTC. DCTA's right
to occupy and possess the Property, inclusive of the DDTC, shall continue until the
earlier to occur of (a) the conveyance of the Property to DCTA and approval of such
conveyance by the FTA; and (b) June 30, 2014. DCTA's use and occupancy of the
OA
s: \legal \our documents \contracts \13 \dcta right of entry-third amendment.doc
Exhibit 2
Property shall be solely for uses related to public transportation activities and
operations in connection therewith (the "DCTA Activities "). Any other use of the
Property by DCTA is expressly prohibited.
The City agrees to pursue and take reasonable measures to obtain (i) FTA approval of
the transfer of the Assets (as each term is defined in that certain Interlocal
Cooperation Agreement ( "ILA "), dated effective May 6, 2008, by and between the
City and DCTA); and (ii) closing of the 5309 Grant (herein so called), number TX-
03- 0293 -00, said 5309 Grant being referenced in the ILA. DCTA agrees to
reasonably cooperate with the City in its activities related to obtaining FTA approval
of the transfer of the Assets and the closing of the 5309 Grant.
2. Section 5 of the Right of Entry is hereby deleted in its entirety and replaced for all
purposes with the following:
5. In the event DCTA does not purchase the Property from the City on or
before June 30, 2014, the rights granted herein shall terminate and DCTA shall
immediately cease conducting the DCTA Activities, and shall vacate, in its entirety,
the Property and remove all personal property, rolling stock, trade fixtures and any
other property owned by DCTA from the Property not later than July 31, 2014.
Further, DCTA shall execute and deliver to the City a written stipulation and
acknowledgement on such date expressly (i) stipulating that all such property of
DCTA has been removed from the Property; and (ii) waiving any and all rights
DCTA may have to the Property pursuant to this Right of Entry and the property of
3
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Exhibit 2
DCTA that may be located thereon. Notwithstanding anything herein to the
contrary, nothing in this Right of Entry shall be construed as releasing and/or
waiving, or requiring the release and /or waiver of, the rights and obligations of either
the City or DCTA set forth in the ILA.
3. Each party hereto represents and warrants that it has taken all actions necessary to
authorize the person executing this Third Amendment of Right of Entry on such party's behalf
to bind, in all respects, the party the person represents to all terms and provisions of this Third
Amendment of Right of Entry, and that such person possesses the authority to execute this
Third Amendment of Right of Entry and bind the party represented.
4. The Right of Entry, shall remain valid and subsisting as originally provided, as
amended by the First Amendment and hereby.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment of
Right of Entry effective the day of September, 2013 (the "Effective Date ").
THE CITY OF DENTON, TEXAS,
a Texas home rule municipal corporation
itz
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EN
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
4
George C. Campbell
City Manager
s: \legal \our documents \contracts \13 \dcta right of entry-third amendment.doc
Exhibit 2
DENTON COUNTY TRANSPORTATION
AUTHORITY, a coordinated county transportation
authority
C
James C. Cline, Jr., P.E.,
President
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Denton Municipal Electric
ACM: Howard Martin, 349 -8232 �.
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or
his designee to execute a Contract of Sale (herein so called), as attached hereto and made a part
hereof as Exhibit "A ", by and between Brian Carter and Brenda Carter (the "Owner "), and the
City of Denton, (the "City "), regarding the sale by Owner and purchase by the City of a fee
interest in land consisting of 1.127 acres being situated in the T.M. Downing Survey, Abstract
No. 346, City of Denton, Denton County, Texas, located generally in the 2500 block of East
McKinney Street, for the public use of expansion, constriction, maintenance, operation, and
improvement of electric transmission and distribution lines, facilities, and strictures, the
"Project ", for the purchase price of One Hundred Forty -Two Thousand Three Hundred Sixty
Seven Dollars and 15 /100 ($142,367.1'); as prescribed in the Contract of Sale; authorizing the
City Manager or his designee to execute and deliver any and all other documents necessary to
accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the
expenditure of funds therefor; and providing an effective date.
BACKGROUND
In accord with the current 69kV Transmission Line Re -build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
constriction and operation of the improved electric transmission and distribution system.
In respect to the tract owned by Brian and Brenda Carter, the project requires the fee simple
acquisition of a 1.127 acre tract of land, to accommodate the electric utilities and electric
substation infrastructure. The contemplated land rights to be acquired represent fifty eight
percent (58 %) of fee title to the 1.127 acre tract required by the Project.
Pyles Whatley Corporation provided a real estate appraisal report in regard to the subject
property tract with a finding of $146,493.00 for 100% of the fee title interest. The Offer to
purchase the Property Interests was indicative of the Carter's undivided fee ownership
percentage ($85,454.25).
The Seller has engaged in formal negotiation dialogue with staff, and has submitted a counter
offer to purchase their undivided fee ownership interest for $142,367.15.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the Seller, as administrative settlement of the matter.
OPTIONS
1. Recommend approval of the proposed Ordinance.
2. Recommend to decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
offer price of $142,367.15 plus closing costs as prescribed in the Agreement are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map Respectfully submitted,
2. Ordinance
Phillip Williams
Prepared by, General Manager
Electric Administration
Denton Municipal Electric
Pamela England
Real Estate Specialist
EXHIBIT 1
LOCATION MAP
N Denton Municipal Electric Proposed Acquisition
Parcel 4 - 69kV Transmission Line Project
1.127 Acres
150 0 75 150 300 FEET
t
EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT OF SALE (HEREIN SO
CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A ", BY
AND BETWEEN BRIAN CARTER AND BRENDA CARTER (THE "OWNER "), AND THE
CITY OF DENTON (THE "CITY "), REGARDING THE SALE BY OWNER AND
PURCHASE BY THE CITY OF A FEE INTEREST IN LAND CONSISTING OF 1.127
ACRES BEING SITUATED IN THE T.M. DOWNING SURVEY, ABSTRACT NO. 346,
CITY OF DENTON, DENTON COUNTY, TEXAS, LOCATED GENERALLY IN THE 2500
BLOCK OF EAST MCKINNEY STREET, FOR THE PUBLIC USE OF EXPANSION,
CONSTRUCTION, MAINTENANCE,, OPERATION AND IMPROVEMENT OF ELECTRIC
TRANSMISSION AND DISTRIBUTION LINES, FACILITIES AND STRUCTURES, THE
"PROJECT ", FOR PURCHASE PRICE OF ONE HUNDRED FORTY -TWO THOUSAND
THREE HUNDRED SIXTY -SEVEN AND 15 /100 DOLLARS ($142,367.15); AS
PRESCRIBED IN THE CONTRACT OF SALE; AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL OTHER DOCUMENTS
NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTION CONTEMPLATED
BY THE PURCHASE AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Contract of Sale, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A" with a purchase price of ONE
HUNDRED FORTY -TWO THOUSAND THREE HUNDRED SIXTY -SEVEN AND 15/100
DOLLARS ($142,367.15), as prescribed in the Contract of Sale, and (ii) any other documents
necessary for closing the transaction contemplated by the Contract of Sale; and (b) to make
expenditures in accordance with the terms of the Contract of Sale.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holdings shall not affect the validity
of the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0
APPROVED AS TO LEGAL FORM:
JOHN E. KELSEY
KELSEY, KELSEY & HICKEY, P.L.L.C.
By:
2
iliv 5113
Exhibit "A" to Ordinance
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT
REGARDING THE CITY OF DENTON'S ACQUISITION OF THE
PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR
AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
This Contract of Sale (the "Contract"') is made this cqy-�!- day of
2013, effective as of the date of execution hereof by Seller, as
defied herein (the "Effective Date"), by and between Brian Carter and Brenda Carter
A
( (re rr to
re rred to herein as "Seller") and the City of Denton, Texas, a Home Rule Municipal
Corporation off enton County, Texas (referred to herein as "Buyer"),
RECITALS'
WHEREAS, Seller owns an undivided interest in that certain tract of land being
more particularly described and depicted on Exhibit "A"', attached hereto and made a part
hereof for all purposes, being located in Denton County, Texas (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and all rights or interests of Seller in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances to the Land (collectively, the "Property").
�*1111 " OU I a W INJIM X IN M
For the consideration hereinafter set forth, and upon the terms, conditions and
provisions herein contained, and subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made: herein, shall reserve, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and Linder and that may be produced from the Property. Seller, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
Exhibit "A" to Ordinance
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, as and
other minerals, and/or related to the exploration or production of same,
As used herein, the term. "minerals" shall include oil, gas, and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 crex, 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
ARTICLE 11
PURCHASE PRICE AND, EARNEST MONEY
V)
2.01 Purchase Price. The Purchase Price to be paid to Setter for the Property is the
sum of LLARS
IW -14-gC
2.02 E One Thousand and No/100
Dollars ($ as Earnest Money (herein so called) with Title Resources, LLC, 525
South Loop 288 , Suite 125, Denton, Texas, 76205, (the "Title: Company"), as escrow
agent, within fourteen (14) calendar days of the Effective Date hereof All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract. If the
purchase contemplated hereunder is consummated in accordance with the terms and the
provisions hereof, the Earnest Money, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the
interest accrued thereon, shall be disposed of by the Title Company as provided in this
Contract.
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
benefit of Seller, a check in the amount of One Hundred and No/100 Dollars ($,100,00)
(the "Independent Contract Consideration"), which amount the parties hereby
acknowledge and agree has been bargained for and agreed to as consideration for Seller's
execution and delivery of the Contract. The Independent Contract Consideration is in
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addition to, and independent of any other consideration or payment provided in this
Contract, is non-refundable, and shall be retained by Seller notwithstanding any other
provision of this Contract,
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer a current Commitment for Title Insurance (the "Title
Commitment") for the Property, issued by Title Company. The Title
Commitment shall set forth the state of title to the Property, including a list of
liens, mortgages, security interests, encumbrances, pledges, assignments, claims,
charges, leases (surface, space, mineral, or otherwise), conditions, restrictions,
options, severed mineral or royalty interests, conditional sales contracts, rights of
first refusal, restrictive covenants, exceptions, easements (temporary or
permanent), rights-of-way, encroachments, or any other outstanding claims,
interests, estates or equities of any nature (each of which are referred to herein as
an "Exception").
(b) Along with. the Title Commitment, Seller shall also cause to be delivered to
Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments
that create or evidence Exceptions (the "Exception Documents"'), including those
described in the Title Commitment as exceptions to which the conveyance will be
subject and/or which are required to be released or cured at or prior to Closing.
3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall
cause to be prepared at Buyer's expense, a current on the ground survey of the Property
(the "Survey"). The contents of the Survey shall be prepared by a surveyor selected by
Buyer and shall include the matters prescribed by Buyer, which may include but not be
limited to, a depiction of the location of all roads, streets, easements and rights of way,
both on and adjoining the Property, water courses, 100 year flood plain, fences and
improvements and structures of any kind. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof Seller shall
furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions
as required by the Title Company in order to amend the survey exception as required by
Section 3.05 below. The description of the Property as set forth in the Survey, at the
Buyer's election, shall be used to describe the Property in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of fifteen (15) calendar days (the "Title Review Period") commencing with
the day Buyer receives the last of the Title Commitment, the Survey, and the Exception
Documents, in which to give written notice to Seller, specifying Buyer's objections to
one or more of the items ("Objections"), if any. All items set forth in the Schedule C of
Contract of Sale
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""P ,
(p q
" Exhibit "A" to Ordinance K71",
r
the Title Commitment, and all other items set forth in the Title Commitment which are
required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be
Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
within twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections, at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense,
Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure
those Objections or Exceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, and if Buyer does not agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) calendar days, then Buyer has the option
of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections shall become Permitted
Exceptions (herein so called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving back
the Earnest Money, in which latter event Seller and Buyer shall have no further
obligations, one to the other, with respect to the subject matter of this Contract.
3.04.A Additional Title Commitment. Due to the fact that the effective period of the
Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to
Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later
than one hundred ten (I 10) calendar days after the Effective Date, a Title Commitment
("Updated Commitment"), in the form of the Title Commitment prescribed by Section
3.0 1, above. Buyer shall have fifteen (15) calendar days to review and provide
Objections, if any, to the items in the Updated Commitment in the same manner as
prescribed by Section 3,03 related to the Title Commitment. All time periods related to
review and cure of the Objections, waiver of uncured Objections and termination of this
Contract, as set forth in Article 111, above, shall be applicable to the Objections by Buyer
to the Updated Commitment, if any, and Closing shall be so extended to accommodate
such review and cure period.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a
standard Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to
Buyer. The Title Policy shall be issued by the Title Company, in the amount of the
Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Permitted Exceptions and shall contain no other exceptions to title, with the standard
printed or common exceptions amended or deleted as follows:
(a) survey exception must be amended if required by Buyer to read "shortages in
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area" only (although Schedule C of the Title Commitment may condition
amendment on the presentation of an acceptable survey and payment, to be borne
solely by Buyer, of any required additional premium);
(b) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on the Survey, if a Permitted Exception);
(c) no exception will be permitted for "rights of parties in possession";
(d) no liens will be shown on Schedule B.
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD,
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the
"Absolute Review Period"), based on such tests, examinations, studies, investigations and
inspections of the Property the Buyer deems necessary or desirable, including but not
limited to studies or inspections to determine the existence of any environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for
Buyer's purposes. Buyer is granted the right to conduct engineering studies, of the
Property, and to conduct a physical inspection of the Property, including inspections that
invade the surface and subsurface of the Property. If Buyer determines, in its sole
judgment, that the Property is not suitable, for any reason, for Buyer's intended use or
purpose, the Buyer may terminate this, Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prior to the expiration of the Absolute Review
Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor
Seller shall have any further duties or obligations hereunder. In the event Buyer elects to
terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will
provide to Seller copies of (i) any and all non-confidential and non-privileged reports and
studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey.
ARTICLE V
REPRESENTATION& WARRANTIES2 COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Date and as of the Closing Date, except where specific reference is made to another date,
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that:
(a) The descriptive information concerning the Property set forth in this Contract is
complete, accurate, true and correct.
(b) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject only
to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property.
(f) The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Property and operation or intended operation
thereof, or any portion thereof, of which Seller has knowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(h) The Seller shall convey the Property free and clear of all debts, liens and
encumbrances.
(i) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
To the best of Seller's knowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or from the Property.
As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
or contaminant, including without limitation, PCB's, asbestos, asbestos-
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Exhibit "A" to Ordinance
containing material, petroleum products and raw materials, that are included
under or regulated by any Environmental Law or that would or may pose a health,
safety or environmental hazard.
As used in this Contract, "Environmental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and rules presently in force or
hereafter enacted relating to environmental quality, contamination, and clean-up
of Hazardous Substances, including without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
sett.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et se q.), as
amended, Toxic Substance Control Act, 15 US.C. 26011, et seq., and state
superlien and environmental clean-up statutes and all rules and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and any and all tenants or parties occupying the Property
pursuant to the Leases shall have permanently abandoned and vacated the
Property on or before the date of Closing.
(1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal
Revenue Code of 1,986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (10) calendar days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, true, correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereof) relating to the possession of the Property, or any part
thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases,").
00 All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto,
with respect to the Property that Seller possesses or has the right to
receive.
(b) From the Effective Date until the date of Closing or earlier termination of this
Contract, Seller shall:
(i) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance or any other agreement of any kind with respect
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Exhibit "A" to Ordinance
to, or affecting, the Property that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property,
(iii) Not take, or omit to take, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, any
lien, encumbrance, or charge thereon.
(c) Seller shall indemnify and hold Buyer harmless,, to the extent permitted by law,
from all loss, liability, and expense, including, without limitation, reasonable
attorneys' fees, arising or incurred as a result of any liens or claims resulting from
labor or materials furnished to the Property under any written or oral contracts
arising or entered into prior to Closing.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in
Article 111, all of Buyer's objections made in accordance with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are true and
correct or have been performed, as applicable, as of the Closing Date, except where
specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the
date of Closing, any portion of the Property has been condemned by an entity other than
Buyer, or is the subject of condemnation, eminent domain, or other material proceeding
CoiAract of Sale
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G%` Exhibit "A" to Ordinance
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyers obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instructions necessary to instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller shall have no further obligations under this
Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the
offices of the Title Company and shall be accomplished through an escrow to be
established with the Title Company, as escrowee. The Closing Date (herein sometimes
called), shall be one hundred and eighty (180) calendar days after the Effective Date,
unless otherwise mutually agreed upon by Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at the expense of the party designated herein, the following
items:
(i) The Title Policy, in the form specified in Article 111, Section 3.05;
(ii) The Special Warranty Deed, substantially in the forin, as attached hereto as
Exhibit "B", subject only to the Permitted Exceptions, if any, duly
executed by Seller and acknowledged;
(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
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Exhibit "A" to Ordinance
(b) Buyer At the Closing, Buyer shall deliver to Seller or the Title Company, the
following items:
(i) The sum required by Article 11, Section 2.01, less the Earnest Money and
interest earned thereon, in the form of a check or cashier's check or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article V11, Section 7.03 shall survive the Closing,
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes, relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar year in which the Closing
shall occur is not known as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Property for the calendar year in which Closing shall occur is known, Seller and
Buyer shall readjust in cash the amount of taxes to be paid by each party with the
result that Seller shall pay for those taxes attributable to the period of time prior to
the Closing Date (including,, but not limited to, subsequent assessments for prior
years due to change of land usage or ownership occurring prior to the date of
Closing) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility for
such costs or expenses associated with closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
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8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform, any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
limits and in the manner required in this Contract; or
(iii) Seller fails, to deliver at Closing, the items specified in Article V11,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do any of
the following:
(i) Terminate this Contract by written notice delivered to Seller in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller shall, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to return to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring
Seller to convey the Property to Buyer subject to no liens, encumbrances,
exceptions, and conditions other than those shown on the Title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
(iii) Seek other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise.
8.02 Buyer's Default and Seller's, Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article V11, Section 7.02(b) of this Contract for
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Exhibit "A" to Ordinance 'M
any reason other than a default by Seller under this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller"s
sole and exclusive remedies for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest Money; gr
(ii) Enforce specific performance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by
telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
SELLER:
Brian Carter and Brenda Carter
-
Telecop,
Copies to:
For Seller:
Telecopy:
City of Denton
Paul Williamson
Real Estate and Capital Support
901 -A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Buyer-
John E. Kelsey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
RO. Box 918
Denton, Texas 76202
Telecopy: (940) 387-9553
Contract of Sale
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Exhibit "A" to Ordinance
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas governing the
validity, construction, enforcement and interpretation of this Contract, THIS
CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON
COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors and assigns. If requested by Buyer, Seller
agrees to execute, acknowledge and record a memorandum of this Contract in the Real
Property Records of Denton County, Texas, imparting notice of this Contract to the
public.
9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to
Closing, or if any condemnation or any eminent domain proceedings are threatened or
initiated by an entity or party other than Buyer that might result in the taking of any
portion of the Property, Buyer may, at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost,
obligation or liability, in which case the Earnest Money shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property,
shall be entitled to receive any (i) in the case of damage or destruction, all
insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the
Property related to the eminent domain proceedings.
Buyer shall have a period of up to ten (10) calendar days after receipt of written
notification from Seller on the final settlement of all condemnation proceedings, or
insurance claims related to damage or destruction of any improvement located on
the Property, in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided
in Article V11, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
awards which may be payable to Seller on account of such event. In the event
Buyer elects to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such final settlement.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
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and/or delivered at the Closing or after the Closing, any farther deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be,
taken by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Frank Payne, P.E., City Engineer of Buyer, or his designee.
9.10 Contract Execution, This Contract of Sale may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and
any of the parties hereto may execute this Agreement by signing any such counterpart,
9.11 Business Days. If the Closing Date or the day of performance required or
permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing Date or the date of such performance, as the case may be, shall be the next
following regular business day.
9.12 Relocation. Relocation advisory services and relocation financial assistance, if
applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be
administered as provided by the Relocation Ordinance, aside and apart from the
transaction contemplated by this Contract.
SELLER:
Executed by Seller on the __ day of
Contract of Sale
Page 14 of 21
2013.
Exhibit "A" to Ordinance
rffft vofl";
B y:
George C. Campbell, CITY MANAGER
Executed by Buyer on the day of 2011
ATTEST:
JENNIFER WALTER S, CITY SECRETARY
BY:
. .. ...... ...
Contract of Sale
Page 15 of 21
Exhibit "A" to Ordinance
RECEIPT OF AGREEMENTBY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of an executed copy
of this Contract. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Contract and to perform its duties pursuant to the provisions of this
Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as
amended from time to time, and as further set forth in any regulations or forms
promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop, 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
M1
Printed Name:
Title:
Contract receipt date: , 2013
Contract of Sale
Page 16 of 21
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EXHIBIT "B"
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Contract of Sale
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
as 01101-
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That Brian Carter and Brenda Carter, herein called "Grantor"', for and in
consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas
Haine Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton,
Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, subject to the reservations set forth below, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee
all of Grantor's right, title and interest in and to the real property in Denton County,
Texas being particularly described and depicted on Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
Contract of Sale
Page 18 of 21
Exhibit "A" to Ordinance
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 SM,2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
This conveyance is subject to the following:
(All of those Exceptions from Coverage found on Schedule B of the
Owners Title Policy to which referenced is hereby made for all purposes
and incorporated by reference as is fully set forth herein.)
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
Contract of Sale
Page 19 of 21
ZP Exhibit "A" to Ordinance
j
assigns to WARRANT AND FOREVER DEFEND all and singular Grantor's undivided
right, title and interest in the Property unto Grantee and Grantee's successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty,
EXECUTED the day of 2013
Brian Carter,
Brenda Carter ITIT
ACKNOWLEDGMENT
[CC 310 M.
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This instrument was acknowledged before me on
2013 by Brian Carter.
Notary Public, State of Texas
My commission expires:
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on
--1 2013 by Brenda Carter.
Upon Filing Retum To:
The City of Denton-Engineering
Attn: Paul Williamson
901 -A Texas Street
Denton, TX 76209
Contract of Sale
Page 20 of 21
Notary Public, State of Texas
My commission expires:
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Denton Municipal Electric
ACM: Howard Martin, 349 -8232 �.
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving a Contract of Sale
(herein so called), as attached hereto and made a part hereof as Exhibit "A ", by and between
Floyd Lee Phillips (the "Owner"), and the City of Denton (the "City "), regarding the sale by
Owner and purchase by the City of a fee interest in land consisting of 1.127 acres being situated
in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, located
generally in the 2500 block of East McKinney Street, for the public use of expansion,
constriction, maintenance, operation, and improvement of electric transmission and distribution
lines, facilities, and strictures (herein the "Project "), for the purchase price of Twelve Thousand
Two Hundred Seven Dollars and 75/100 ($12,207.''); authorizing the City Manager or his
designee to execute and deliver any and all other documents necessary to accomplish closing of
the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds
therefor; and providing an effective date.
BACKGROUND
In accord with the current 69kV Transmission Line Re -build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
constriction and operation of the improved electric transmission and distribution system.
In respect to the tract owned by Floyd Lee Phillips, the project requires the fee simple acquisition
of a 1.127 acre tract of land, to accommodate the electric utilities and electric substation
infrastructure. The contemplated land rights to be acquired represent twelve (12 %) percent of
fee title to the 1.127 acre tract required by the Project.
Pyles Whatley Corporation provided a real estate appraisal report in regard to the subject
property tract with a finding of $146,493.00 for 100% of the fee title interest. The Offer to
purchase the Property Interests was indicative of Mr. Phillips' undivided fee ownership
percentage ($12,207.75). The Seller has agreed to the terms of the Contract of Sale.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the Seller.
OPTIONS
1. Recommend approval of the proposed Ordinance.
2. Recommend to decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
offer price of $12,207.75 plus closing costs as prescribed in the Agreement are to be funded
through these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map Respectfully submitted,
2. Ordinance
Phillip Williams
Prepared by, General Manager
Electric Administration
Denton Municipal Electric
Pamela England
Real Estate Specialist
EXHIBIT 1
LOCATION MAP
N Denton Municipal Electric Proposed Acquisition
Parcel 4 - 69kV Transmission Line Project
1.127 Acres
150 0 75 150 300 FEET
t
EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT OF
SALE, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
DOCUMENTS NECESSARY AND MAKE EXPENDITURES FOR CLOSING THE
TRANSACTION SET FORTH IN THE CONTRACT OF SALE (HEREIN SO CALLED), AS
ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A ", BY AND
BETWEEN FLOYD LEE PHILLIPS (THE "OWNER "), AND THE CITY OF DENTON (THE
"CITY "), REGARDING THE SALE BY OWNER AND PURCHASE BY THE CITY OF A
FEE INTEREST IN LAND CONSISTING OF 1.127 ACRES BEING SITUATED IN THE T.M.
DOWNING SURVEY, ABSTRACT NO. 346, CITY OF DENTON, DENTON COUNTY,
TEXAS, LOCATED GENERALLY IN THE 2500 BLOCK OF EAST MCKINNEY STREET,
FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE,
OPERATION AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND
DISTRIBUTION LINES, FACILITIES AND STRUCTURES (HEREIN, THE " PROJECT "),
FOR THE PURCHASE PRICE OF TWELVE THOUSAND TWO HUNDRED SEVEN AND
75/100 DOLLARS ($12,207.75); AUTHORIZING THE EXPENDITURE OF FUNDS,
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City any documents necessary for closing the transaction contemplated by
the Contract of Sale by and between the City and Owner, in the form attached hereto and made a
part hereof as Exhibit "A" with a purchase price of TWELVE THOUSAND TWO HUNDRED
SEVEN AND 75/100 DOLLARS ($12,207.75), as prescribed in the Contract of Sale; and (b) to
make expenditures in accordance with the terms of the Contract of Sale.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holdings shall not affect the validity
of the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
JOHN E. KELSEY
KELSEY, KELSEY & HICKEY, P.L.L.C.
By:
2
Exhibit "All to Ordinance
STATE OF TEXAS §
CONTRACT OF SALE
FLYOTFM
YOU, AS OWNER OF T11E PROPERTY (AS DEFINED BE1,OW), HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGRE EMENT
REGARDING THE CITY OF DENT N'S ACQUISITION OF THE
PROPERTY WITH OTHERS; OR (2), KEEP THE OFFER OR
AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
This Contract of Sale (the "Contract") is made this A2� . "r ' day of
1 2013, effective as of the date of execution hereof by Seller, as
defin herein (the "Effective Date"), by and between Floyd Lee Phillips (referred to
herei as "Seller") and the City of Denton, Texas, a Home Rule Municipal Corporation of
Denton County, Texas (referred to herein as "Buyer"),
11%mmu 1�1
WfiEREAS, Seller owns, an undivided interest in that certain tract of land being
more particularly described and depicted on Exhibit "A", attached hereto and made a part
hereof for all purposes, being located in Denton, County, 'Texas (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and all rights or interests of Seller in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances to the Land (collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the 'terms, conditions and
provisions herein contained, mid subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on
and under and that may be produced from the Property. Seller, his heirs, devisees,
successors and assigns shall not have the right to use or access, the surface of the
Property, in any way, rnaruier or form, in connection with or related to the reserved oil,
gas, mid other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v,
Wylie, 597 S. .2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
ARTICLE 11
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Sellert'lor the Property is the
sum of Twelve Thousand Two Hundred Seven and 75/100 Dollars ($12,207.75) (the
"Purchase Price").
2.02 Earnest Money, Buyer shall deposit the sum of One Thousand and No/100
Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525
South Loop 288 , Suite 125, Denton, Texas, 76205, (the -ritte company"), as escrow
agent, within fourteen (14) calendar days of the Effective Date hereof, All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract. If the
purchase contemplated hereiinder is consummated in accordance with the terms and the
provisions hereof, the Earnest Money,, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the
interest accrued thereon, shall be disposed of by the Title Company as provided in this
Contract.
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title: Company, payable to and for the
benefit of Seller, a check in the amount of One Hundred and No/ 100 Dollars ( WOO)
(the "Independent Contract Consideration"), which amount the parties hereby
acknowledge and agree has been bargained for and agreed to as consideration for Seller's
execution and delivery of the Contract. The Independent Contract Consideration is in
Contract of Sale
Page 2 of 21
addition to, and independent of any other consideration or payment provided in this
Contract, is non-refundable, and shall be retained by Seller notwithstanding any other
provision of this Contract.
INV IN, M391 lIkItIll ",LVATA'M
3.01 Title Commitment.
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer a current Commitment for Title Insurance (the "Title
Commitment") for the Property, issued by 'Title Company. The Title
Commitment shall set forth the state of title to the Property, including a list of
liens, mortgages, security interests, encumbrances, pledges, assignments, claims,,
charges, leases (surface, space, mineral, or otherwise), conditions, restrictions,
options, severed mineral or royalty interests, conditional sales contracts, right's of
first refusal, restrictive covenants, exceptions, easements (temporary or
permanent), rights-of-way, encroachments, or any other outstanding claims,
interests, estates or equities of any nature (each of which are referred to herein as
an "Exception'),
(b) Along with the Title Cornmitment, Seller shall also cause to be delivered to
Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments
that create or evidence Exceptions (the "Exception Documents"), including those
described in the Title Commitment as exceptions to whicb,the conveyance will be
subject and/or which are required to be released or cured at or prior to Closing.
3.02 Survey, Within thirty (30) calendar days, after the Effective Date, Seller shall
cause to, be prepared at Buyer's expense, a current on the ground survey of the Property
(tyre "Survey"). The contents of the Survey shall be prepared by a surveyor selected by
Buyer and shall include the matters prescribed by Buyer, which may include but not be
limited to, a depiction of the location of all roads, streets, easements and rights of way,
both on and adjoining the Property, water courses, 100 year flood plain, -fences and
improvements and structures of any kind. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof Seller shall
furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions
as required by the Title Company in order to amend the survey exception as required by
Section 3.05 below. The description of the Property as set, forth in the Survey, at the
Buyer's election, shall be used to describe the Property in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.03 Review cif Title Commitment, Survey and Exception Documents, Buyer shall
have a period of fifteen (1 5) calendar days (the "Title Review Period") commencing with
the day Buyer receives the last of the Title Commitment, the Survey, and the Exception
Doctirnents, in which to give written notice to Seller, specifying Buyer's objections, to
one or more of the items ("Objections"), if any. All items set forth in the Schedule C of
Contract of Sale
Page 3 of 2 1
the Title Commitment, and all other items set forth in the Title Commitment which are
required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be
Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
within twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense.
Notwithstanding the foregoing, sentence, Seller shall, in any event, be obligated to cure
those Objections or Exceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, and if Buyer does not agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) calendar days, then Buyer has the option
of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections shall become: Permitted
Exceptions (herein so called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving back
the Earnest Money, in which latter event Seller and Buyer shall have no further
obligations, one to the other, with respect to the subject matter of this Contract.
3.04.A Additional Title Commitment. Due to the fact that the effective period of the
Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to
Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later
than one hundred ten (I 10) calendar days after the Effective Date, aTitle Commitment
(`'Updated Commitment"), in the form of the Title Commitment prescribed by Section
101, above. Buyer shall have fifteen (1 5) calendar days to review and provide
Objections, if any, to the items in the Updated Commitment in the same manner as
prescribed by Section 3.03 related to the Title Commitment, All time periods related to
review and cure of the Objections, waiver of uncured Objections and termination of this
Contract, as set forth in Article 111, above, shall be applicable to the Objections by Buyer
to the Updated Corm-nitment, if any, and Closing shall be so extended to accommodate
such review and cure period.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shafl, cause a
standard Texas Owner's Policy of Title Insurance (" ritle Policy") to be furnished to
Buyer, The Title Policy shall be issued by the Title Company, in the amount of the
Purchase Price and insuring, that Buyer has indefeasible 'fee simple title to the Property,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Permitted Exceptions and shall contain no other exceptions to title, with the standard
printed or common exceptions amended or deleted as follows:
(a) survey exception must be amended if required by Buyer to read "shortages in
Contract of Sale
Page 4 of 2 1
area"' only (although Schedule C of the Title Commitment may condition
amendment on the presentation of an acceptable survey and payment, to be borne
solely by Buyer, of any required additional premium);
(b) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on the Survey, if a Permitted Exception);
(c) no exception will be permitted for "rights of parties in possession";
(d) no liens will be shown on Schedule B.
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any 'term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the
"Absolute Review Period"), based on such tests,, examinations, studies, investigations and
inspections of the Property the Buyer deems necessary or desirable, including but not
limited to studies or inspections to determine the existence of any environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for
Buyer's purposes. Buyer is granted the right to conduct engineering studies of the
Property, and to conduct a physical inspection of the Property, including inspections that
invade the: surface and subsurface of the Property, If Buyer determines,, in its sole
judgment, that the Property is not suitable, for any reason, for Buyer"s intended use or
purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prior to the expiration of the Absolute Review
Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor
Seller shall have any further duties or obligations hereunder. In the event Buyer elects to
terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will
provide to Seller copies of (i) any and all non-confidential and non-privileged reports and
studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey.,
ARTICLE T
REPRESENTA�TIQN.S S, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller., To induce Buyer to enter into this
Contract and consurnmate the sale and purchase of the Property in accordance with the
terms, and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Date and as of the Closing Date, except where specific reference is made to another date,
Contract of Sale
Page 5 of 21
that:
(a) The descriptive information concerning the Property set 'forth in this Contract is
complete, accurate, true and correct.
(b) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject only
to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or inforination
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property,
(f) The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Property and operation or intended operation
thereof, or any portion thereof", of which Seller has knowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(b) The Seller shall convey the Property free and clear of all debts, liens and
encumbrances.
(i) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
(j) To the best of Seller's knowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or from the Property.
As used in this Contract, "Hazardous Substance" means and includes all
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
or contaminant, including without limitation, PCB"s, asbestos, asbestos-
Contract of Sale
Page 6 of 21
containing material, petroleum products and raw materials, that are included
under or regulated by any Environmental Law or That would or may pose a health,
safety or environmental hazard.
As used in this Contract, "Environmental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and rules presently in force or
hereafter enacted relating to environmental quality, contamination, and clean-up
of Hazardous Substances, including, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 US.Cw 9601, et
seq.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as
amended, Toxic Substance Control Act, 15 U.&C. 2601, et seq., and state
superlien and environmental clean-up statutes and all rules and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and any and all tenants or parties occupying the Property
pursuant to the Leases shall have permanently abandoned, and vacated the
Property on or before the date of Closing,
(1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (1 0) calendar days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, true, correct, and complete copies of the following:
(i) All lease agreements and/or occupancy agreements and/or licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereof) relating to the possession of the Property, or any part
thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases"),,
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto,
with respect to the Property that Seller possesses or has the right to
receive.
(b) From the Effective Date until the date of Closing or earlier termination of this
Conti-act, Seller shall:
(i) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance or any other agreement of any kind with respect
ContTact of 'Sale
Page 7 of 24
to, or affecting, the Property that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property,
(iii) Not take, or omit to take, any action that would result in a violation of the
representations, warranties, covenants, and agreements, of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, any
lien, encumbrance, or charge thereon.
(c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law,
from all loss, liability, and expense, including, 'without limitation, reasonable,
attorneys' fees, arising or incurred as aresult of any liens or claims resulting from
labor or materials furnished to the Property under any written or oral contracts
arising or entered into prior to Closing,.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
MAMM661&526.�
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b Seller cures or Buyer waives in writing, within the time periods specified in
Article 111, all of Buyer's objections made in accordance with Article 111.
6,02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are true and
correct or have been performed, as applicable, as of the Closing Date, except, where
specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perform under this, Contract, if on the
date of Closing, any portion of the Property has been condemned by an entity other than
Buyer, or is the subject of condemnation, eminent domain:, or other material proceeding
Contract of Sale
Page 8 of 21
initiated by an entity other than Buyer, or the Property,, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent,
6.06 Buyer's, Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyers termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instructions necessary to instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller shall have no further obligations under this
Contract, one to the other.
WINKMNI,
7.01 Date and Place of Closing, The Closing (herein so called) shall take place in the
offices of the Title Company and shall be accomplished through an escrow to be
established with the Title Company, as escrowee. The Closing Date (herein sometimes
called), shall be one hundred and eighty (1 80) calendar days after the Effective Date,
unless otherwise mutually agreed upon by Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at the expense or the party designated herein, the following
items-
(i,) The Title Policy, in the form specified in Article III, Section 3.05;
(ii) The Special Warranty Deed, substantially in the form as attached hereto as
Exhibit "B", subject only to the Permitted Exceptions, if any, duly
executed by Seller and, acknowledged;
(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
Contract or Sale
Page 9 of 21
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the
,following items:
(i) The stun required by Article U, Section 2.01, less the Earnest Money and
interest earned thereon, in the form of a check or cashier's check or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.0 3, above, the provisions of this Article V11, Section 7.03 shall survive the Closing.
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar year in which the Closing
shall Occur is not known as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Property for the calendar year in which Closing shall occur is known, Seller and
Buyer slu-ill readjust in cash the amount of taxes to be paid by each party with the
result that Seller shall pay for those taxes attributable to the period of time prior to
the Closing Date (including, but not limited to, subsequent assessments for prior
years due to change of land usage or ownership occurring prior to the date of
Closing) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing,
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility 'for
such costs or expenses associated vAth closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
Contract oaf f Sale
Page 1 0 of 21
ARTICLE VIII
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller, falls to meet, comply with or perform, any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
limits and in the manner required in this Contract; or
(iii) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(h) Buyer's Remedies. IfSeller is in default wider this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do any of
the following:
(i) Terminate this Contract by written notice delivered to Seller in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller shall, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to return to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring,
Seller to convey the Property to Buyer subject to no liens, encumbrances,
exceptions, and conditions other than those shown on the Title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
(iii) Seek other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise,
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article VU, Section 7.02(b) of this Contract for
Contract of Sale
Page II of 21
any reason other than a default by Seller wider this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy, If Buyer is in default under this Contract, Seller, as Seller's
sole and exclusive remedies, for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Conti-act by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest Money; 91
(ii) Enforce specific pe6ormance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice, All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by
telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
SELLER: BUYER:
Floyd Lee Phillips City of Denton
Patti Williamson
Real Estate and Capital Support
Telecopy_ 901-A Texas Street
Denton, Texas 76209
1'elecopy-, ()40) 3,49-8951
MEM
For Seller: I F- p Bu e�r.
John E,. Kelsey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: Telecopy: (940) 387-9553
Conti,act of Sale
Page 12 of 21
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas goveming the
validity, construction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DE TON
COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing, executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors and assigns,. If requested by Buyer, Seller
agrees to execute, acknowledge and record a memorandum of this Contract in the Real
Property Records of Denton County, Texas, imparting notice of this Contract to the
public,
9.05 11isk of Loss., If any damage or destruction to the Property shall occur prior to
Closing, or if any condemnation or any eminent domain proceedings are threatened or
initiated by an entity or party other than Buyer that might result in the taking of any
portion of the Property, Buyer may, at Buyer"s option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost,
obligation or liability, in which case the Earnest Money shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property,
shall be entitled to receive any (i) in the case of damage or destruction, all
insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the
Property related to the eminent domain proceedings.
Buyer shall have a period of up, to ten (10) calendar days after receipt of written
notification from Seller on the final settlement of all condemnation proceedings or
insurance claims related to damage or destruction of any improvement located on
the Property, in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided
in Article VII, above,, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
awards which may be payable to Seller on account of such event. In the event
Buyer elects, to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such final settlement.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
Contract of Sale
Page 13 of 21
and/or delivered at the Closing or after the Closing, any 'further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits, which are referenced in, and attached to this Contract, are,
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be,
taken by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Frank Payne, RE., City Engineer of Buyer, or his designee.
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which taken together shall constitute, one and the same agreement, and
any of the parties hereto may execute this Agreement by signing any such counterpart.
9.11. Business Days. If the Closing Date or the day of performance required or
permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing Date or the date of such performance, as the case may be, shall be the next
following regular business day.
9.12 Relocation. Relocation advisory services and relocation financial assistance, if
applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be
administered as provided by the Relocation Ordinance, aside and apart from the
transaction contemplated by this Contract.
%91 WIVIR
ee Phillips
Executed by Seller on the day of 2013.
Contract of Sale
Page 14 of 21
BUYER:
1--' ::��
By:
GE(jRGff C. CAMPBELL, CITY MANAGER.
Executed by Buyer on the r, day of , 2011
JENNIFER WALTERS, CITY SECRETARI
j
APPROVED AS TO LEGAL FORM:
JOHN E. KELSEY, KELSEY, KELSEY & HICKEY, PLL
Y:
Contract of Sale
Page 15 of 21
By its execution below, Title Company acknowledges receipt of an executed copy
of this Contract. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Contract and to perform its duties pursuant to the provisions of this
Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as
amended from time to time, and as further set forth in any regulations or forms
promulgated thereunder.
M-NARDN992 Mil
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
0
101=4111 M
HMM
Contract receipt date: , 2013
Contract of Sale
Page 16 of 21
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Contract of Sale
IffoQuatrUffiffl "4411 rl".. -k"-W1TXW
STATE OF TEXAS §
rKI 119116-1 !!
That Floyd Lee Phillips, herein called "Grantor", for and in consideration of the
sum of TEN AND NO/100 DOLLARS (W.00), and other good and valuable
consideration to Grantor in hand paid by the, City of Denton, Texas, a Texas Home Rule
Municipal Corporation (herein called "Grantee"'), 215 E. McKinney, Denton, Texas
76201, the receipt and sufficiency of which are hereby acknowledged and confessed,
subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED,
and by these presents does GRANT, SELL and CONVEY, unto Grantee all of Grantor's
right, title and interest in and to the real property in Denton County, Texas being
particularly described and depicted on Exhibit "A", attached hereto and made a part
hereof for all purposes, and being located in Denton County, Texas, together with any
and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way
and together with all and singular the improvements and fixtures thereon and all other
rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on
and under and that may be produced from the Property. Grantor, his heirs, devisees,
Contract of Sate
Page 18 of 21
successors and assigns shall not have the right to use or access the surface of the
Property, in, any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex, 1980).
As used herein, the term "surface of the Property" shall include the area from flie
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
'This conveyance is subject to the following:
(All of those Exceptions from Coverage found on Schedule B of the
Owners Title Policy to which referenced is hereby made for all purposes
and incorporated by reference as is fully set forth herein,)
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
Contract of Sale
Page 19 of 21
assigns to WARRANT AND FOREVER DEFEND all and singular Grantor's undivided
right, title and interest in the Property unto Grantee and Grantee's successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty,
EXECUTED the '4 day of 2013
This instrument was acknowledged before me on
2013 by Floyd Lee Phillips.
tary Public, State of Texas
My commission expires: _. 401
Upon Filing Return To:
The City cat f Denton-Engineering
Attn: Paul Williamson
901- Texas Street
Denton, TX 76209
Contract of Sale
Page 20 of 21
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, exas 76201
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PAGE 21 OF
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Denton Municipal Electric
ACM: Howard Martin, 349 -8232 �.
SUBJECT
Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee
simple title in the surface estate only with surface restrictions for mineral owner(s) to a 1.127
acre tract situated in the T.M. Downing Survey, Abstract No. 346, located in the City of Denton,
Denton County, Texas, as more particularly described on Exhibit "A ", attached hereto and made
a part hereof, located generally in the 2500 Block of East McKinney Street (the "Property
Interests "), for the public use of expanding and improving the Denton Municipal Electric
Distribution and Transmission systems, and constricting substation infrastructure; authorizing
the City Manager or his designee to make an offer to the heirs of Annie Bell Jenkins (Deceased),
the heirs of James William Tyson (Deceased), Nettie Jane Nicldess, and Shirley Jeannene Wright
McCrory, Independent Executor of the estate of Ruthie Frances Tyson Wright, (Deceased), being
the heirs to, or beneficiaries of, the estate of Robert Lee Tyson (Deceased), (collectively, the
"Owners "); (2) successors in interest to the owner to the Property Interests; or (3) any other
owners of the Property Interests; or (3) any other owners of the Property Interests, as may be
applicable, to purchase the property interests for the purchase price of One Hundred Forty Six
Thousand Four Hundred Ninety Three Dollars and No Cents ($146,493.00), (proportionate to
each owner), and other consideration, as prescribed in the Contract of Sale (the "Agreement "), at
attached hereto and made a part hereof as Exhibit "B "; authorizing the expenditure of funds
therefor; and providing an effective date.
BACKGROUND
In accord with the current 69kV Transmission Line Re -build project initiative, staff is
undertaking the identification of the additional land rights necessary to accommodate the
constriction and operation of the improved electric transmission and distribution system.
In respect to the Owners tract, the project requires the fee simple acquisition of a 1.127 acre tract
of land, to accommodate the electric utilities and electric substation infrastructure.
Pyles Whatley Corporation provided a real estate appraisal report in regard to the subject
property tract with a finding of $146,493.00 for 100% of the fee title interest. The contemplated
land rights to be acquired represent thirty percent (30 %) interest of fee title ($43,948.00) to the
1.127 acre tract required by the Project. The offers will be made pursuant to each Owner's
proportionate ownership interest of undivided fee in the subject 1.127 acre acquisition tract.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the Seller.
OPTIONS
1. Recommend approval of the proposed Ordinance.
2. Recommend to decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This tract is within the alignment previously recommended by the Public Utility Board and
approved by the City Council.
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT).
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map Respectfully submitted,
2. Ordinance
Phillip Williams
Prepared by, General Manager
Electric Administration
Denton Municipal Electric
Pamela England
Real Estate Specialist
EXHIBIT 1
LOCATION MAP
N Denton Municipal Electric Proposed Acquisition
Parcel 4 - 69kV Transmission Line Project
1.127 Acres
150 0 75 150 300 FEET
t
EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS
TO ACQUIRE FEE SIMPLE TITLE IN THE SURFACE ESTATE ONLY
WITH SURFACE RESTRICTIONS FOR MINERAL OWNER(S) TO A
1.127 ACRE TRACT SITUATED IN THE T.M. DOWNING SURVEY, ABSTRACT NO.
346, LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AS
MORE PARTICULARLY DESCRIBED ON EXHIBIT "A ", ATTACHED HERETO AND
MADE A PART HEREOF, LOCATED GENERALLY IN THE 2500 BLOCK OF EAST
MCKINNEY STREET (THE PROPERTY INTERESTS "), FOR THE PUBLIC USE OF
EXPANDING AND IMPROVING THE DENTON MUNICIPAL ELECTRIC
DISTRIBUTION AND TRANSMISSION SYSTEMS, AND CONSTRUCTING SUBSTATION
INFRASTRUCTURE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
MAKE AN OFFER TO THE HEIRS OF ANNIE BELL JENKINS (DECEASED), THE HEIRS
OF JAMES WILLIAM TYSON (DECEASED), NETTIE JANE NICKLESS, AND SHIRLEY
JEANNENE WRIGHT MCCRORY, INDEPENDENT EXECUTOR OF THE ESTATE OF
RUTHIE FRANCES TYSON WRIGHT, DECEASED, BEING THE HEIRS TO, OR
BENEFICIARIES OF, THE ESTATE OF ROBERT LEE TYSON (DECEASED)
(COLLECTIVELY, THE "OWNER "); (2) SUCCESSORS IN INTEREST TO THE OWNER
TO THE PROPERTY INTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY
INTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY INTERESTS
FOR THE PURCHASE PRICE OF ONE HUNDRED FORTY SIX THOUSAND FOUR
HUNDRED NINETY THREE DOLLARS AND NO CENTS ($146,493.00)
(PROPORTIONATE TO EACH OWNER), AND OTHER CONSIDERATION, AS
PRESCRIBED IN THE CONTRACT OF SALE (THE "AGREEMENT "), AS ATTACHED
HERETO AND MADE A PART HEREOF AS EXHIBIT "B "; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest and necessity and the
public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that
the public welfare and convenience require the acquisition of the Property Interests by the City
of Denton, Texas (the "City "). The City Council hereby finds and determines that the
acquisition of the Property Interests is necessary for public use to expand and improve the
Denton Municipal Electric Distribution and Transmission Systems, and to construct Substation
Infrastructure to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to make a
formal offer to purchase the Property Interests to (i) the Owner; (ii) any and all of Owner's
successors in interest to the Property Interests; or (iii) any other parties who may own
any interest in the Property Interests, as may be applicable, in their respective, proportionate
ownership interest.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute
for and on behalf of the City (i) the Agreement, by and between the City and each respective
Owner or other owners of the Property Interests in amounts proportionate to their respective
ownership interest utilizing a total purchase price of $146,493.00, together with all consideration,
costs and expenses as prescribed in the Agreement, in the form attached hereto and made a part
hereof as Exhibit `B "; and (ii) any other documents necessary for closing the transaction
contemplated by the Agreement; and (b) make expenditures in accordance with the terms of the
Agreement.
SECTION 4. The City Manager, or his designee, is directed, by certified mail,
return receipt requested, to disclose to Owner, or other owners of the Property Interests, as
applicable, any and all appraisal reports produced or acquired by the City relating
specifically to the Owner's property and prepared in the 10 years preceding the date of the
offer made by the Agreement.
SECTION 5. The offer to Owner, or other owners of the Property Interests,
as applicable, shall be made in accordance with all applicable law.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in
this ordinance, or application thereof to any persons or circumstances, is held
invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this ordinance; the City Council declares that it
would have ordained such remaining portion despite such invalidity, and such remaining
portion shall remain in full force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 12013.
MARK A. BURROUGHS,
MAYOR ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
JOHN E. KELSEY, KELSEY, KELSEY & HICKEY, PLLC
Page 2
Exhibit "A"
to
Ordinance
Legal Description
BEING all that certain lot, tract or parcel of land situated in the T. M. Downing Survey, Abstract
Number 346, City of Denton, Denton County, Texas, and being all that certain tract of land
described by deed to Brian Carter and Brenda Carter, recorded under Instrument Number 2010-
121541, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC)
set for the northeast corner of said Carter tract and the northwest comer of a tract of land described
by deed to Gary Dennis Dillard and Jaymi Chris Dillard, recorded in Volume 1188, Page 730,
Deed Records, Denton County, Texas (D.R.D.C.T.), and being in the south right -of -way line of
McKinney Street;
THENCE South 00 degrees 22 minutes 52 seconds East, with the west line of said Dillard tract, a
distance of 301.55 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the southeast
corner of said Carter tract and the most easterly northeast corner of a tract of land described by
deed to George Roland Vela and Emma Lamar Vela, recorded in Volume 3225, Page 252,
D.R.D.C.T.;
THENCE South 89 degrees 03 minutes 33 seconds West, with a north line of said Vela tract, a
distance of 149.72 feet to a 1 inch iron rod found for the southwest corner of said Carter tract and
an inner ell corner of said Vela tract;
THENCE North 00 degrees 33 minutes 51 seconds West, with an east line of said Vela tract,
passing the northeast corner of said Vela tract, continuing for a total distance of 351.80 feet to a 5/8
inch iron rod found for the northwest corner of said Carter tract, same point being in the south
right -of -way line of McKinney Street;
THENCE South 72 degrees 27 minutes 28 seconds East, with the south right -of -way line of
McKinney Street, a distance of 158.53 feet to the POINT OF BEGINNING and containing 1.127
acres of land, more or less.
Page 3
Exhibit "B" to Ordinance
STATE OF TEXAS §
COUNTY OF DENTON §
CONTRACT OF SALE
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE
THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT
REGARDING THE CITY OF DENTON'S ACQUISITION OF THE
PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR
AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
This Contract of Sale (the "Contract ") is made this day of
, 2013, effective as of the date of execution hereof by Seller, as
defined herein (the "Effective Date "), by and between
(referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal
Corporation of Denton County, Texas (referred to herein as "Buyer ").
RECITALS
WHEREAS, Seller owns an undivided interest in that certain tract of land being
more particularly described and depicted on Exhibit "A ", attached hereto and made a part
hereof for all purposes, being located in Denton County, Texas (the "Land "); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller,
the Land, together with any and all rights or interests of Seller in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances to the Land (collectively, the "Property ").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions and
provisions herein contained, and subject to the reservations herein, Seller agrees to sell
and convey to Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on
and under and that may be produced from the Property. Seller, his heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and /or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and /or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the
sum of and _/ l 00th,
DOLLARS ($ ) (the "Purchase Price ").
2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100
Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525
South Loop 288 , Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow
agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned
thereon shall become part of the Earnest Money and shall be applied or disposed of in the
same manner as the original Earnest Money deposit, as provided in this Contract. If the
purchase contemplated hereunder is consummated in accordance with the terms and the
provisions hereof, the Earnest Money, together with all interest earned thereon, shall be
applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the
interest accrued thereon, shall be disposed of by the Title Company as provided in this
Contract.
2.03 Independent Contract Consideration. Within fourteen (14) calendar days after
the Effective Date, Buyer shall deliver to the Title Company, payable to and for the
benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00)
(the "Independent Contract Consideration "), which amount the parties hereby
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Page 2 of 21
acknowledge and agree has been bargained for and agreed to as consideration for Seller's
execution and delivery of the Contract. The Independent Contract Consideration is in
addition to, and independent of any other consideration or payment provided in this
Contract, is non - refundable, and shall be retained by Seller notwithstanding any other
provision of this Contract.
ARTICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer a current Commitment for Title Insurance (the "Title
Commitment ") for the Property, issued by Title Company. The Title
Commitment shall set forth the state of title to the Property, including a list of
liens, mortgages, security interests, encumbrances, pledges, assignments, claims,
charges, leases (surface, space, mineral, or otherwise), conditions, restrictions,
options, severed mineral or royalty interests, conditional sales contracts, rights of
first refusal, restrictive covenants, exceptions, easements (temporary or
permanent), rights -of -way, encroachments, or any other outstanding claims,
interests, estates or equities of any nature (each of which are referred to herein as
an "Exception ").
(b) Along with the Title Commitment, Seller shall also cause to be delivered to
Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments
that create or evidence Exceptions (the "Exception Documents "), including those
described in the Title Commitment as exceptions to which the conveyance will be
subject and /or which are required to be released or cured at or prior to Closing.
3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall
cause to be prepared at Buyer's expense, a current on the ground survey of the Property
(the "Survey "). The contents of the Survey shall be prepared by a surveyor selected by
Buyer and shall include the matters prescribed by Buyer, which may include but not be
limited to, a depiction of the location of all roads, streets, easements and rights of way,
both on and adjoining the Property, water courses, 100 year flood plain, fences and
improvements and structures of any kind. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof. Seller shall
furnish or cause to be furnished any affidavits, certificates, assurances, and/or resolutions
as required by the Title Company in order to amend the survey exception as required by
Section 3.05 below. The description of the Property as set forth in the Survey, at the
Buyer's election, shall be used to describe the Property in the deed to convey the Property
to Buyer and shall be the description set forth in the Title Policy.
3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall
have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with
the day Buyer receives the last of the Title Commitment, the Survey, and the Exception
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Page 3 of 21
Documents, in which to give written notice to Seller, specifying Buyer's objections to
one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of
the Title Commitment, and all other items set forth in the Title Commitment which are
required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be
Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall,
within twenty (20) calendar days after Seller is provided notice of Objections, either
satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in
writing of the Objections that Seller cannot or will not satisfy at Seller's expense.
Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure
those Objections or Exceptions that have been voluntarily placed on or against the
Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any
Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day
period, and if Buyer does not agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) calendar days, then Buyer has the option
of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller
prior to Closing, in which event those Objections shall become Permitted
Exceptions (herein so called), or
(b) terminating this Contract by notice in writing prior to Closing and receiving back
the Earnest Money, in which latter event Seller and Buyer shall have no further
obligations, one to the other, with respect to the subject matter of this Contract.
3.04.A Additional Title Commitment. Due to the fact that the effective period of the
Title Commitment shall expire prior to Closing, Seller shall cause to be furnished to
Buyer, no earlier than ninety one (91) calendar days after the Effective Date and no later
than one hundred ten (I 10) calendar days after the Effective Date, a Title Commitment
( "Updated Commitment "), in the form of the Title Commitment prescribed by Section
3.01, above. Buyer shall have fifteen (15) calendar days to review and provide
Objections, if any, to the items in the Updated Commitment in the same manner as
prescribed by Section 3.03 related to the Title Commitment. All time periods related to
review and cure of the Objections, waiver of uncured Objections and termination of this
Contract, as set forth in Article III, above, shall be applicable to the Objections by Buyer
to the Updated Commitment, if any, and Closing shall be so extended to accommodate
such review and cure period.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a
standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to
Buyer. The Title Policy shall be issued by the Title Company, in the amount of the
Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property,
subject only to the Permitted Exceptions. The Title Policy may contain only the
Permitted Exceptions and shall contain no other exceptions to title, with the standard
printed or common exceptions amended or deleted as follows:
Contract of Sale
Page 4 of 21
(a) survey exception must be amended if required by Buyer to read "shortages in
area" only (although Schedule C of the Title Commitment may condition
amendment on the presentation of an acceptable survey and payment, to be borne
solely by Buyer, of any required additional premium);
(b) no exception will be permitted for "visible and apparent easements" or words to
that effect (although reference may be made to any specific easement or use
shown on the Survey, if a Permitted Exception);
(c) no exception will be permitted for "rights of parties in possession ";
(d) no liens will be shown on Schedule B.
Notwithstanding the enumeration of the following exceptions, amendments and /or
deletions, Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the
obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having
determined, in Buyer's sole and absolute discretion, during the period commencing with
the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the
"Absolute Review Period "), based on such tests, examinations, studies, investigations and
inspections of the Property the Buyer deems necessary or desirable, including but not
limited to studies or inspections to determine the existence of any environmental hazards
or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for
Buyer's purposes. Buyer is granted the right to conduct engineering studies of the
Property, and to conduct a physical inspection of the Property, including inspections that
invade the surface and subsurface of the Property. If Buyer determines, in its sole
judgment, that the Property is not suitable, for any reason, for Buyer's intended use or
purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as
reasonably practicable, but in any event prior to the expiration of the Absolute Review
Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor
Seller shall have any further duties or obligations hereunder. In the event Buyer elects to
terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will
provide to Seller copies of (i) any and all non - confidential and non - privileged reports and
studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey.
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the
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Page 5 of 21
terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective
Date and as of the Closing Date, except where specific reference is made to another date,
that:
(a) The descriptive information concerning the Property set forth in this Contract is
complete, accurate, true and correct.
(b) There are no adverse or other parties in possession of the Property or any part
thereof, and no party has been granted any license, lease or other right related to
the use or possession of the Property, or any part thereof, except those described
in the Leases, as defined in Article V, Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject only
to the Permitted Exceptions.
(d) The Seller has the full right, power, and authority to sell and convey the Property
as provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or information
of, any pending or threatened judicial or administrative action, or any action
pending or threatened by adjacent landowners or other persons against or
affecting the Property.
(f) The Seller has disclosed to Buyer in writing of any and all facts and
circumstances relating to the physical condition of the Property that may
materially and adversely affect the Property and operation or intended operation
thereof, or any portion thereof, of which Seller has knowledge.
(g) The Seller has paid all real estate and personal property taxes, assessments,
excises, and levies that are presently due, if any, which are against or are related
to the Property, or will be due as of the Closing, and the Property will be subject
to no such liens.
(h) The Seller shall convey the Property free and clear of all debts, liens and
encumbrances.
(i) Seller has not contracted or entered into any agreement with any real estate
broker, agent, finder, or any other party in connection with this transaction or
taken any action which would result in any real estate broker commissions or
finder's fee or other fees payable to any other party with respect to the
transactions contemplated by this Contract.
(j) To the best of Seller's knowledge, there has not occurred the disposal or release
of any Hazardous Substance to, on or from the Property.
As used in this Contract, "Hazardous Substance" means and includes all
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Page 6 of 21
hazardous and toxic substances, waste or materials, chemicals, and any pollutant
or contaminant, including without limitation, PCB's, asbestos, asbestos
containing material, petroleum products and raw materials, that are included
under or regulated by any Environmental Law or that would or may pose a health,
safety or environmental hazard.
As used in this Contract, `Environmental Law" means and includes all federal,
state, and local statutes, ordinances, regulations and rules presently in force or
hereafter enacted relating to environmental quality, contamination, and clean -up
of Hazardous Substances, including without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
seq.), as amended by the Superfund Amendments and Reauthorization Act of
1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as
amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state
superlien and environmental clean-up statutes and all rules and regulations
presently or hereafter promulgated under or related to said statutes, as amended.
(k) All Leases, as defined in Article V, Section 5.02(a), shall have expired or
otherwise terminated and any and all tenants or parties occupying the Property
pursuant to the Leases shall have permanently abandoned and vacated the
Property on or before the date of Closing.
(1) The Seller is not a "foreign person" as defined in Section 1445 of the Internal
Revenue Code of 1986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer
as follows:
(a) Unless stated otherwise, within ten (10) calendar days after the Effective Date,
Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the
Property, true, correct, and complete copies of the following:
(i) All lease agreements and /or occupancy agreements and /or licenses of any
kind or nature (if oral, Seller shall provide to Buyer in writing all material
terms thereof) relating to the possession of the Property, or any part
thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases ").
(ii) All environmental audits, soil tests and engineering and feasibility reports,
including any and all modifications, supplements and amendments thereto,
with respect to the Property that Seller possesses or has the right to
receive.
(b) From the Effective Date until the date of Closing or earlier termination of this
Contract, Seller shall:
Contract of Sale
Page 7 of 21
(i) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance or any other agreement of any kind with respect
to, or affecting, the Property that will not be fully performed on or before
the Closing or would be binding on Buyer or the Property after the date of
Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative
hearing concerning or affecting the Property.
(iii) Not take, or omit to take, any action that would result in a violation of the
representations, warranties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or
to the Property, or create, grant or permit to be attached or perfected, any
lien, encumbrance, or charge thereon.
(c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law,
from all loss, liability, and expense, including, without limitation, reasonable
attorneys' fees, arising or incurred as a result of any liens or claims resulting from
labor or materials furnished to the Property under any written or oral contracts
arising or entered into prior to Closing.
5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in
this Contract, the representations, warranties, covenants and agreements of Seller
contained in this Contract shall survive the Closing, and shall not, in any circumstance,
be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under
this Contract unless, within the designated time periods, all of the following shall have
occurred:
(a) Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so performed or furnished under other sections of this Contract; and
(b) Seller cures or Buyer waives in writing, within the time periods specified in
Article III, all of Buyer's objections made in accordance with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements.
Buyer is not obligated to perform under this Contract unless all representations,
warranties, covenants and agreements of Seller contained in this Contract are true and
correct or have been performed, as applicable, as of the Closing Date, except where
specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the
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date of Closing, any portion of the Property has been condemned by an entity other than
Buyer, or is the subject of condemnation, eminent domain, or other material proceeding
initiated by an entity other than Buyer, or the Property, or any part thereof, has been
materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer
delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined
that the Property is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything
contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive
any of the conditions precedent to the performance of Buyer's obligations under this
Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying
the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any
of the conditions precedent to the performance of Buyer's obligations under this Contract
have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving
written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest
Money shall be immediately returned to Buyer by the Title Company. The Seller shall,
on written request from Buyer, promptly issue the instructions necessary to instruct the
Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise
provided in this Contract, Buyer and Seller shall have no further obligations under this
Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the
offices of the Title Company and shall be accomplished through an escrow to be
established with the Title Company, as escrowee. The Closing Date (herein sometimes
called), shall be one hundred and eighty (180) calendar days after the Effective Date,
unless otherwise mutually agreed upon by Buyer and Seller.
7.02 Items to be Delivered at the Closing.
(a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or
the Title Company, at the expense of the party designated herein, the following
items:
(i) The Title Policy, in the form specified in Article III, Section 3.05;
(ii) The Special Warranty Deed, substantially in the form as attached hereto as
Exhibit "B ", subject only to the Permitted Exceptions, if any, duly
executed by Seller and acknowledged;
Contract of Sale
Page 9 of 21
(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the
following items:
(i) The sum required by Article II, Section 2.01, less the Earnest Money and
interest earned thereon, in the form of a check or cashier's check or other
immediately available funds;
(ii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in
this Contract and without limiting the general application of the provisions of Section
5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing.
The following item shall be adjusted or prorated between Seller and Buyer with respect to
the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the
Closing shall occur shall be prorated between Seller and Buyer as of the Closing
Date. If the actual amount of taxes for the calendar year in which the Closing
shall occur is not known as of the Closing Date, the proration at Closing shall be
based on the amount of taxes due and payable with respect to the Property for the
preceding calendar year. As soon as the amount of taxes levied against the
Property for the calendar year in which Closing shall occur is known, Seller and
Buyer shall readjust in cash the amount of taxes to be paid by each party with the
result that Seller shall pay for those taxes attributable to the period of time prior to
the Closing Date (including, but not limited to, subsequent assessments for prior
years due to change of land usage or ownership occurring prior to the date of
Closing) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Date.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at
Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its
counsel, in negotiating, preparing, and closing the transaction contemplated by this
Contract. Seller is responsible for paying fees, costs and expenses identified herein as
being the responsibility of Seller. Buyer is responsible for paying fees, costs and
expenses identified herein as being the responsibility of Buyer. If the responsibility for
such costs or expenses associated with closing the transaction contemplated by this
Contract are not identified herein, such costs or expenses shall be allocated between the
parties in the customary manner for closings of real property similar to the Property in
Denton County, Texas.
Contract of Sale
Page 10 of 21
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any
one or more of the following events:
(i) Any of Seller's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) Seller fails to meet, comply with or perform any covenant, agreement,
condition precedent or obligation on Seller's part required within the time
limits and in the manner required in this Contract; or
(iii) Seller fails to deliver at Closing, the items specified in Article VII,
Section 7.02(a) of this Contract for any reason other than a default by
Buyer or termination of this Contract by Buyer pursuant to the terms
hereof prior to Closing.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's
sole and exclusive remedies for the default, may, at Buyer's sole option, do any of
the following:
(i) Terminate this Contract by written notice delivered to Seller in which
event the Buyer shall be entitled to a return of the Earnest Money, and
Seller shall, promptly on written request from Buyer, execute and deliver
any documents necessary to cause the Title Company to return to Buyer
the Earnest Money;
(ii) Enforce specific performance of this Contract against Seller, requiring
Seller to convey the Property to Buyer subject to no liens, encumbrances,
exceptions, and conditions other than those shown on the Title
Commitment, whereupon Buyer shall waive title objections, if any, and
accept such title without reduction in Purchase Price on account of title
defects and shall be entitled to assert any rights for damages based on
Seller's representations, warranties and obligations that are not waived by
Buyer by its acceptance of Seller's title; and
(iii) Seek other recourse or relief as may be available to Buyer at or by law,
equity, contract or otherwise.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver
at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for
Contract of Sale
Page 11 of 21
(b)
any reason other than a default by Seller under this Contract or termination of this
Contract by Buyer pursuant to the terms hereof prior to Closing.
Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's
sole and exclusive remedies for the default, may, at Seller's sole option, do either
one of the following:
(i) Terminate this Contract by written notice delivered to Buyer in which
event the Seller shall be entitled to a return of the Earnest Money, and
Buyer shall, promptly on written request from Seller, execute and deliver
any documents necessary to cause the Title Company to return to Seller
the Earnest Money; or
(ii) Enforce specific performance of this Contract against Buyer.
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required
hereunder shall be in writing, delivered, unless expressly provided otherwise in this
Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be
deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by
telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
SELLER:
Telecopy
Copies to:
For Seller:
Telecopy:
BUYER:
City of Denton
Paul Williamson
Real Estate and Capital Support
901 -A Texas Street
Denton, Texas 76209
Telecopy: (940) 349 -8951
For Buyer:
John E. Kelsey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: (940) 387 -9553
Contract of Sale
Page 12 of 21
9.02 Governing Law and Venue. This Contract is being executed and delivered and
is intended to be performed in the State of Texas, the laws of Texas governing the
validity, construction, enforcement and interpretation of this Contract. THIS
CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY
ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON
COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement
between the parties and supersedes all prior agreements and understandings, if any,
related to the Property, and may be amended or supplemented only in writing executed
by the party against whom enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller
and Buyer, and their respective successors and assigns. If requested by Buyer, Seller
agrees to execute, acknowledge and record a memorandum of this Contract in the Real
Property Records of Denton County, Texas, imparting notice of this Contract to the
public.
9.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to
Closing, or if any condemnation or any eminent domain proceedings are threatened or
initiated by an entity or party other than Buyer that might result in the taking of any
portion of the Property, Buyer may, at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost,
obligation or liability, in which case the Earnest Money shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property,
shall be entitled to receive any (i) in the case of damage or destruction, all
insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the
Property related to the eminent domain proceedings.
Buyer shall have a period of up to ten (10) calendar days after receipt of written
notification from Seller on the final settlement of all condemnation proceedings or
insurance claims related to damage or destruction of any improvement located on
the Property, in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided
in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insurance proceeds or condemnation
awards which may be payable to Seller on account of such event. In the event
Buyer elects to close upon this Contract after final settlement, as described above,
Closing shall be held five (5) business days after such final settlement.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract
and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller
and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed
Contract of Sale
Page 13 of 21
and /or delivered at the Closing or after the Closing, any further deeds, acts, and
assurances as are reasonably necessary to consummate the transactions contemplated
hereby. Notwithstanding anything to the contrary contained in this Contract and without
limiting the general application of the provisions of Section 5.03, above, the provisions
of this Article IX, Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time
is of the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be,
taken by Buyer under this Contract, including without limitation, adjustment of the
Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of
Denton, Texas, to Frank Payne, P.E., City Engineer of Buyer, or his designee.
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and
any of the parties hereto may execute this Agreement by signing any such counterpart.
9.11 Business Days. If the Closing Date or the day of performance required or
permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then
the Closing Date or the date of such performance, as the case may be, shall be the next
following regular business day.
9.12 Relocation. Relocation advisory services and relocation financial assistance, if
applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be
administered as provided by the Relocation Ordinance, aside and apart from the
transaction contemplated by this Contract.
SELLER:
Signature
Printed Name
Executed by Seller on the day of
Contract of Sale
Page 14 of 21
2013
BUYER:
By:
George C. Campbell, CITY MANAGER
Executed by Buyer on the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:N
APPROVED AS TO LEGAL FORM:
JOHN E. KELSEY, KELSEY, KELSEY & HICKEY, PLLC
dv,�
Contract of Sale
Page 15 of 21
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of an executed copy
of this Contract. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Contract and to perform its duties pursuant to the provisions of this
Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as
amended from time to time, and as further set forth in any regulations or forms
promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381 -1006
Telecopy: (940) 898 -0121
RA
Printed Name:
Title:
Contract receipt date: , 2013
Contract of Sale
Page 16 of 21
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EXHIBIT "B"
to
Contract of Sale
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That
herein called "Grantor ", for and
in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00), and other good
and valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas
Home Rule Municipal Corporation (herein called "Grantee "), 215 E. McKinney, Denton,
Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, subject to the reservations set forth below, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee
all of Grantor's right, title and interest in and to the real property in Denton County,
Texas being particularly described and depicted on Exhibit "A ", attached hereto and
made a part hereof for all purposes; and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property ").
Grantor, subject to the limitation of such reservation made herein, reserves, for
himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on
and ,under and that may be produced from the Property. Grantor, his heirs, devisees,
Contract of Sale
Page 18 of 21
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and /or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and /or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated
hydrocarbons) that any reasonable extraction, mining or other exploration and /or
production method, operation, process or procedure would consume, deplete or destroy
the surface of the Property; and (ii) all substances (except oil and gas) which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of
the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v.
Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the
surface of the earth to a depth of five hundred feet (500') below the surface of the earth
and all areas above the surface of the earth.
This conveyance is subject to the following:
(All of those Exceptions from Coverage found on Schedule B of the
Owners Title Policy to which referenced is hereby made for all purposes
and incorporated by reference as is fully set forth herein.)
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
Contract of Sale
Page 19 of 21
assigns to WARRANT AND FOREVER DEFEND all and singular Grantor's undivided
right, title and interest in the Property unto Grantee and Grantee's successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
EXECUTED the day of
Signature
Printed Name
2013
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged
, 2013 by
before me on the day of
Notary Public, State of Texas
My commission expires:
Upon Filing Return To: Send Tax Billing Statements To:
The City of Denton - Engineering The City of Denton
Attn: Paul Williamson Attn: Finance Department
901 -A Texas Street 215 East McKinney Street
Denton, TX 76209 Denton, Texas 76201
Contract of Sale
Page 20 of 21
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Denton Municipal Electric (DME)
ACM: Howard Martin, 349 -8232 *r.-_
SUBJECT:
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or
his designee to execute an Easement Purchase Agreement (herein so called), as attached hereto
and made a part hereof as Exhibit "A ", by and between Melvin R. Haisler, Mary Ann
McCutcheon, J.B. Haisler, Jr., individually and as Trustee of the J.B. Haisler, Jr. Trust (the
"Owner"), and the City of Denton (the "City "), regarding the sale by Owner and purchase by the
City of two easements consisting of 6.841 and 0.173 acres, respectively, being situated in the
Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, located
generally on the south and north sides of S.H. Loop 288, respectively, east of Farm to Market
Road 2164, for the public use of expansion, constriction, maintenance, operation, and
improvement of electric transmission and distribution lines, facilities, and strictures (herein, the
"Project'), for the combined purchase price of Six Hundred Seventy Thousand and No /100
Dollars ($670,000.00); authorizing the City Manager, or his designee, to execute and deliver any
and all other documents necessary to accomplish closing of the transaction contemplated by the
easement purchase agreement; authorizing the expenditure of funds, therefore; and providing an
effective date. (69kV Transmission Line Re -build Project)
BACKGROUND:
In accord with the current 69kV Transmission Line Re -build project initiative, staff is
undertaking the acquisition of the land rights necessary to accommodate the constriction and
operation of the improved electric transmission and distribution system.
In respect to the tract owned by the Haisler family, the project requires the acquisition of
easements consisting of a 6.841 and 0.173 acre tract of land, to accommodate the electric
utilities.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the Seller.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Recommend approval of the Ordinance.
1
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City Council Public Hearing November 15, 2011
PUB Executive Session June 24, 2013
City Council Executive Session July 16, 2013
PUB Executive Session and Public Hearing August 12, 2013
City Council Executive Session and Public Hearing August 20, 2013
PUB Executive Session and Consent Agenda September 9, 2013 (Approved 5 -0)
FISCAL INFORMATION
The overall 69kV Transmission Line Rebuild project is being funded by issuing General
Obligation Bonds which will be paid by Transmission Revenue received from all other electric
utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase
price of $670,000.00 plus closing costs as prescribed in the Agreement are to be funded through
these funding sources.
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
Prepared by,
Pamela England
Real Estate Specialist
2
Respectfully submitted,
Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
EXHIBIT 1
LOCATION MAP
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isler,
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EXHIBIT 2
ORDINANCE NO.
AN' ORDINANCE OF TFIF CIJ'A' OF DENTON, TEXAS AUTHORIZING TIE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT PURCHASE
AGREEMENT (IJEREIN SO CALLED), AS A"I" fACH-ED H .F',TO AND MADE A PAR-F
IIEREOF AS EXHIBIT "A"', BY AND BETWEEN MELVIN C. HAISLER, MARY ANN
MCCUTCHEON, I.B. HAISLER, JR,, INDIVIDUALLY AND AS TRUSTEE OF THE J.B.
HAISLER, .III, TRUST(TtIE "OWNER"), AND THE CITY OF DENTON (THE"Cl"I'Y"),
REGARDING T11171 SALE BY OWNER AND PURCHASE BY THE CITY OF I I Iwo
EASEMENTS CONSISTING OF 6,914 AND 0,173 ACM`, S, RESPEC'IJVEI,,Y, Bl,`ING
SITUATED IN THE THOMASTOBY SURVEY, ABSTRACT NO 1288, ary oF DENTON,
DEN TON C0LJNTY, TEXAS, LOCATED GENE'RALLY ON TIE SOUTR AND NORTH
SIDES OF S.1-1 LOOP 288, RESPEECTIVELY, EAST OF FARM "1.0 MARKET ROAD 2164,
FOR THE- PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE,
AUGMENTA1,71ON, OPERATION AND IMPROVEMENT oi� FLEcTRICTRANSMISSION
AND DISTRIBUTION LINES, FACILI`fIES AND STRUCTURE'S (HEREIN, THE "DME
EXPANSION PROJECT"), FOR `1714E COMBINED PURCHASE PRICE OF SIX HIJNDRED
SEVENTY TIJOUSAND AND NO/100 DOLI,,ARS ($670,00(..00); AUTIJORIZrNG THE
EXPENDDIT URE OF FUNDS, THEREFORE; ANT) PROV IDING AN EFFI-"CTIVE DATE.
WHE'REAS, after due consideration of the public interest and necessity and the public
ruse Fund benefit to accrue to the City of Denton, Texas; NOW, TH ERE FORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS-
SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Easement Purchase Agreement, by and between the City and
Owner, in the form attached bereto and rnade a pail hereof as Exhibit "A" with a, combined
purchase price of' SIX ffUNDRED SEVENTY THOUSAND AND 1" O/100 DOLLARS
($670,00( .00), plus certain costs, as prescribed in the Easement Purchase Agreement; and (ii)
any other documents necessary for closing the transaction contemplated by the Easement
Purchase Agreement; and (b) to make expenditures in accordance with the terms of the Easement
Purchase Agreement.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons, or circumstances, is held invalid or
unconstitutional by a court of con,ilietent jurisdiction, such holdings shall not affect the validity
ofthe remaining portions of this ordinance; the City Council declares that it would have ordained
Such remaining portion despite Such, invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. ordinance shall become effective inimediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2011
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ma
APPROVED AS TO LEGAL FORM:
SCO"I"I .'W. HICKEY
KELSEY, KELSEY & HIC EY, PL
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THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated
2013, between MELVIN R. IIAISLER,
MARY ANN McCUTCHEON, and J.B. HAISLER, JR., individually, and as Trustee of THE
J.B. HAISLER, JR. TRUST (the "Ovmer"), and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, MELVIN R. HAISLER, MARY ANN McCUTCHEON, AND J.B. HAISLER,
JR., individually, and as Trustee of THE S.B. HAISLER, JR, TRUST are the Owners of two
tracts of land (herein, referred to collectively as the "Land") in the T, Toby, Survey, Abstract
Number 1288, Denton County, Texas being affected by the public in Prqject called
the Spencer Transmission Line Project ("Project"); and,
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
Land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
NOW, THERE, FORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acluiowledged, the parties agree as follows:
I
1. At Closing, the Owner shall grant., execute, and deliver to the City easements i�n, along, over,
upon, under and across the tracts of Land being described in the attached Exhibits "A" and "B",
respectively (the "Easement Lands") to that certain Electric Utility Easement attached hereto as
Attachment I and made part hereof, for electric utility purposes, as more particularly described
therein (the "Easement"); The Easement shall be in the form as attached hereto and incorporated
herein as "Attachment 1".
I As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of Six Hundred Seventy Thousand and no/100 Dollars (,$670,000.00) as compensation for
the Easement. `Fhe monetary compensation prescribed in this Section 2 is herein referred to as
the "Total Monetary Compensation". The Owners shall allocate the sales proceeds as agreed
separately by and between them.
3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any
monetziry damage to or diminution in the value of the remainder of Owner's property caused by,
incident to, or related to the Project, damage to and/or costs of repair, replacement and/or
relocation of any improveruents, turf, landscape, vegetation, or any other structure or facility of
any kind located within the Easement Lands related to activities conducted, pursuant to the
Easement, interference with Owner's activities on the Easement Lands or other property interests
of Owner caused by or related to the Project and/or activities related, to the Easement, whether
accruing now or hereafter, and Owner hereby releases for themselves, their heirs, devisees,
successors and assigns, City, it's officers, employees, elected officials, agents and contractors
from and against any and all claims they may have now or in the future, related to the herein
described matters, events and/or damages.
K
4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525
South Loop x88, Suite # 12 5, Denton, Texas 7620 5 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 60 days, after the Effective Date, unless the Owner
and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner
shall convey the Easement free and clear of all debts, liens and encumbrances, The Owner shall
assist and support satisfaction of all closing requirements in relation to solicitation of release or
subordination of liens and ericumbTances and other curative efforts affecting the Easement, if
necessary in the discretion of the City.
5. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. All other typical customary and standard closing costs,
associated with this transaction shall be paid specifically by the City, except for Owner's
attorney's fees, if any, which shall be paid by Owner.
6. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement. However, this Agreement shall be null and void if not fully executed by the
Owner and the City on or before October 16, 2013.
7, In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of such default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance or termination of
this Agreement,
8, In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as their sole and exclusive remedy, either (i) terminate this Agreement prior
P
to Closing by written notice: of such election to City; or (ii) enforce specific performance of this
Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TOTHIS
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DE TON
COUNTY, TEXAS.
10. From and after the date of execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any
Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the
Easement Lands after the date of Closing.
11. Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and,
except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or
by United States Mail, as described herein, and shall be deemed delivered upon the earlier to
occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on
the date of deposit of, in a regularly maintained receptacle for the United States Mail. registered
or certified, return receipt requested, postage prepaid, addressed as follows:
Axlya
6
P,10�111-4 -
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
01 -A Texas Street
Denton, Texas 76209
Telecopy. (940) 349-8951
4
Copies to:
For Owner:
For City:
12. This Agreement constitutes the sole and only Agreement of the parties and supersedes any
prior understandings or written or oral Agreements between the parties with respect to the
subject matter of this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Easement.
14. Authority to take any actions that are to be, or may be, taken by Buyer Under this
Agreement, including without limitation, ad J ustment of the Closing Date, are hereby delegated
by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General
Manager, Electric Administration of Buyer, or his designee.
15, In the event prior to the Closing Date, condemnation or eminent domain proceedings
are threatened or initiated by any entity other than the City that might result in the taking of any
portion of the Easement Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
16, If the Closing Date or day of performance of any act required or permitted hereunder
falls on a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as
the case may be, shall be the next following regular business day.
17, When the context requires, singular nouns and pronouns include the plural.
R
CITY OF DENTON, TEXAS
m
CITY MANAGER
Date: 1p 2013
ATTEST:
JENNIFER WALTER S, CITY SECRETARY
1.9m
Date: 52013
MELVfN'P. HAISLER
Date: 2013
J.B. HAISLER, JR. TRUST, a Texas tnist
By: Frustee
J. . HA�IS'LE�R,JR.-, indivUlly, �and as TRUSTEE
_ 7,
Date: c"f 2013
MAR's.()�NN McCUTCHEON
Date: —j4,:;L—1 2013
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
Title Resources
Attn: Virginia Kubiak-
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381 -1006
Telecopy: (94 0) 898-01,21
M
Pjff@1MW9=
Title:
Contract receipt date: 2013
7
ATTACHMENT I
TO
EASEMENT PURCHASE AGREEMENT
ELECTRIC UTILITY EASEMENT
'THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAI". MELVIN R, HAISLER, MARY ANN McCUTCITEON, AND 1B. HAISLER, JR.,,
individually, and as Trustee of THE J.13. FIAISLER, JR. TRUST (the "GRANTOR"), for and in
consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in
hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in
Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201
("GRANTEE") has granted, sold, and conveyed and by these presents does, grant, sell and convey unto
the GRANTEE, perpetual, exclusive and unobstructed easements and rights of way (collectively, the
"EASED E NT") fi)r the purposes of' erecting, operating, maintaining and servicing thereon one or
snore undergrowid and/or above ground electric transmission and, electric distribution power and/or
con-ununication lines, each consisting of a variable nurnber of wires and cables, along with all
necessary, convenient or desirable appurtenances, attachments and supporting structures, including
without limitation, foundations, guy wires and guy anchorages, and structural components (collectively
referred to herein as the 'TACILH'TES"), in, on, over, under and across two tracts of real property
situated in Denton County, Texas, being approximately 6.814 and 0. 173 acres and being more
particularly described in Exhibits "A" and "B", respectively, attached hereto and incorporated into this
document by reference (the "EASENIE NT'PROPERTY").
GRANTEE shall have the right of ingress, egress anti regress in, on, over, under and across the
EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve,
reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove
or replace such FACILITIES within the EASEMENT PROPERTY" as GRANTEE may from time to
time find necessary, convenient or desirable, along with all rights necessary or convenient for full use
and enjoyment of the above giant, including access over, across and upon the EASEMENT
PROPERTY, GRANTEE shall have the right to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to
prevent possible interference with the efficiency, safety and/or convenient operation of the
FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall
not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water
within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE. ,
GRANTOR, for themselves, their heirs, devisees, successors and assigns, subject to the terms
herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the
exercise of GRANTEE's rights hereunder.
GRANTOR acknowledges, the EASEMENT granted herein is exclusive, so as to exclude all
other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however,
the EASEMENT is nonexclusive as to GRAN"FOR'S right to use the EASEMENT PROPERTY in
accordance with the terms hereof Upon written consent of GRANTEE, such consent to be exercised
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and, across the EASEMENT PROPERTY perpendicularly or as
otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require
GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absol Lite discretion
2
of GRANTEE, however GRANTEE's permission shall not be unreasonably withheld.
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove trees
as provided herein, together with the right to install gates in existing fences within such EASEMENT
PROPERTY.
GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no
buildings, structures, signs, obstructions or other facilities or improvements of any kind
("tJNPERMiTTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not
construct, and GRANTEE shall have the right to prcvent the construction of, UNPERMITTED
STRUCTURES on the EASEMENT PROPERTY and if any UNPER-MITTED STRUCTURES are
hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY
without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
Grantor shall have the right, subject to the restrictions contained herein, to make use of
the Property for any purpose that is not inconsistent with the City's rights granted to Grantee
herein for the purposes granted. Notwithstanding anything to the contrary herein, (a) the
Property may be paved, inclusive of sidewalks, drive aisles, and parking areas; (b) thesurface of
the Property may be used for landscaping (limited to grass & turo; however no trees are to be
planted thereon.
Furthermore, the GRANTOR reserves the right to mutually use the EASEMENT PROPERTY
for the accommodation of detention and conveyance of stone water run-off upon development of
GRANTOR's property providing that any ii-nprovernents for such are in compliance with all applicable
City ordinances and regulations, and all other required governmental approvals have been duly
obtained.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
3
the benefit of GRANTOR and GRANTEE, and their heirs, devisees, successors, and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto Grantee, its successors, and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise,
When herein the context requires, singular nouns and pronouns include the plural.
Wl'INESS THE EXECUTION HEREOF on the 2 dad` of —, - t2Mqeikn
GRANPO&
MELVIN R. HAISLER
Date: �— ?— 2013
Date: qls , 2013
J.B. HAISLER, JR. TRUST,
a Texas trust
Trustee
in ividua ��v. an as Trusteta
Date: 2ZS 2013
10, —
.9
THE STATE OF -C
ty-J25 §
t4w,
COLTNTYOF- wt � §
This instrument was acknowledged
201 1 INT gX
KATHER10 A. WFARLAND
R�e 01 TP
jz.E Notary Mlif, ya�e ol Tpias
My cammissluw
THE STATE OF'
§
COUNTY OF DLj, I �qJ §
before me on the EDAM
This instrument was acknowledged before
2013, by MARY ANN McCUTCHEON-
KATILYN TAIRL�10N
tA
�7 T
M- Wla�y PUbfic, Stale of'Texat
�0
My Cvnmsroon Expkes
66 �w ApOt 02, 2067
THE STATE OF
....... . ...
oi
ry *Pulic, State of Texas -7
My commission expires: _n[3-140 I
me on the 3 day of "�Lc-r,
I
No ry Public, tic, State of Texas
My commission expires*
This instniment was acknowledged before me on this 3 rA day of ' g , 2013,
"texas , N
�IT FU S �T
by J.B. HAISLER, JR., individually, and as Trustee ofTHE J.B. RX ISLE,R, JR. a , exas, trust,
on behalf of the said trust and in the capacity therein stated. ,
KATELYN 1ARLION
1,,mo% tqolofy PuUic, Slate o
t fews
i, My 0,)mT-nissior, ExOtes
APO 02, 20,17
AFTER RECORDING RETURN TO:
City of Denton - Engineering Depaitment,
Real Estate and Capital Support
901 -A Texas Street, 2 d Floor
Denton, Texas 76209
Ann. Paul Williamson
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AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Parks and Recreation Department
ACM: John Cabrales, Jr.
SUBJECT
Consider a request for an exception to the Noise Ordinance for the purpose of the 3ra Annual
Komen North Texas Denton Race for the Cure to be held in South Lakes Park Saturday,
September 28, 2013, from 6 a.m. to 11 a.m. Amplified sound is needed for public
announcements regarding race times and to play music during the event. The exception is
specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends
approval of request.
BACKGROUND
The 2012 event had an attendance of approximately 2,000 due to rainy weather. This year's race
is expected to attract 3,000 to 5,000 attendees from Denton County and the surrounding seven
counties served by the Susan G. Komen for the Cure, North Texas.
Amplified music will be playing to welcome participates during registration and announcements
will be made from the stage prior to race times and during the celebration of the cancer survivors
and attendees.
ESTIMATED SCHEDULE OF EVENT
The proposed timeline for the run /walk activities has the race day registration opening at 6 a.m.
and the Survivor Celebration ending at approximately 10:15 a.m.
EXHIBIT
Letter of Request
Respectfully submitted:
M -.
Emerson Vorel
Director of Parks and Recreation
Prepared by:
Janie McLeod
Community Events Coordinator
Susan G SKr
NORTH �5 S
August 29, 2013
Janie McLeod, Community Event Director
City of Denton
Parks & Recreation Department
601 E. Hickory, Suite B
Denton, TX 76205
Dear Janie,
As discussed, the 2013 Komen North Texas Denton Race for the Cure will take place on
Saturday, September 28th at South Lakes Park (556 Hobson Lane). Race Day registration opens
at 6am and event activities will end at approximately 11am.
Please consider this request for an exception to the City of Denton noise ordinances. The
exception to the ordinance is for 75 decibels for the event noted below:
2013 Komen North Texas Denton Race for the Cure
September 28, 2013 — 6:00am -11am
South Lakes Park — 556 Hobson Lane, Denton, TX 76205
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Community Development
ACM: John Cabrales, Jr. n
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a
funding agreement between the City of Denton and the Denton Affordable Housing Corporation;
providing for the terms of said contract; authorizing the City Manager to execute the agreement
and to expend Home Investment Partnership Program funds with respect to the agreement; and
providing for an effective date.
BACKGROUND
The Denton Affordable Housing Corporation (DAHC) is a locally - certified Community Housing
Development Organization (CHDO). Home Investment Partnership Program (HOME)
requirements state that 15% of a participating jurisdiction's funding must be allocated to CHDO-
administered programs. On an annual basis, the City of Denton allocates a minimum of 15% of
the City's HOME allocation to DAHC for various affordable housing programs. This year's
HOME allocation of $100,000 will provide DAHC with $83,640 in funding for the purchase,
rehabilitation and sale of single - family housing units under the Affordable Housing Opportunity
Program. Down payment and closing cost assistance will also be available for homebuyers. It
will be required that all units be brought up to local building codes. The remaining $16,360 will
assist DAHC with operating costs. HOME funds will be reimbursed to DAHC as projects are
completed, inspected and appropriate documentation received by the Community Development
Division.
ESTIMATED PROJECT SCHEDULE
"Section 1, Term" of the funding agreement states that all fiinds shall be expended and all projects
completed on or before December 31, 2015, unless adjusted by the City. The Agreement and
required compliance with HOME Program regulations will terminate after ALL funded projects
have met the required "affordability period" as stated in 24 CFR Part 92 Subpart F.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
The Community Development Advisory Committee recommended approval of funding for the
improvement of DAHC's affordable rental housing and operating costs. Funding for the
program was included in the City's 2013 Action Plan for Housing and Community Development.
City Council approved the Action Plan on May 7, 2013.
Agenda Information Sheet
September 17, 2013
Page 2
FISCAL INFORMATION
Funding for the proposed projects will be reimbursed to DAHC from the City's 2013 -2014
HOME allocation. HOME funding is allocated to the City of Denton by the U.S. Department of
Housing and Urban Development. City staff costs for program monitoring are paid primarily
from the HOME and Community Development Block Grant (CDBG) programs. The CD
Administrator position is funded through the general fund.
Respectfully submitted:
Brian Locldey, AICP, CPM
Director of Planning and Development
Prepared by:
N�
Barbara Ross
Community Development Administrator
\ \codad \departments \legal \our documents \ordinances \13 \dahc 2013 ord.doex
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE TERMS OF
SAID CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND TO EXPEND HOME INVESTMENT PARTNERSHIP PROGRAM
FUNDS WITH RESPECT TO THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has received funds from the U.S. Department of Housing and
Urban Development under the National Affordable Housing Act of 1990 as amended by the
Housing and Community Development Act of 1992 and the Consolidated and Further
Continuing Appropriations Act of 2012; and
WHEREAS, the City has adopted a budget for such funds included therein an authorized
program budget for expenditure of funds, for operating costs and project funding for the Denton
Affordable Housing Corporation ( "DAHC "); and
WHEREAS, the City Manager has determined that the DAHC is the only locally -
certified community housing development organization ( "CHDO ") that includes the required
number of low income citizens from the City or representatives of the low income community on
its board of directors necessary to satisfy federal requirements to serve the City's geographical
area and that DAHC has provided management services to the City to provide affordable housing
within the City which has significantly benefited the community; and
WHEREAS, DAHC has a demonstrated history of significant service to the community
in the area of affordable housing; and
WHEREAS, this Agreement, therefore, qualifies as a sole source procurement in
accordance with §252.022(7)(f) of the TEX. LOC. GOV'T CODE and does not need to be
competitively bid; and
WHEREAS, DAHC is a neighborhood -based non -profit organization and this Agreement
is also authorized by §373.005 of the TEX. LOC. GOV'T CODE to meet the needs and
objectives of the City's Consolidated Plan for Housing & Community Development; and
WHEREAS, the City Council deems it in the public interest to enter into an agreement
for an affordable housing program with the DAHC; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the attached Agreement between the
City and the DAHC to provide for an Affordable Housing Opportunity Program (AHOP) and
other affordable housing development programs in accordance with the terms of this Agreement,
\ \codad \departments \legal \our documents \ordinances \13 \dahc 2013 ord.doca
which Agreement is made a part of this ordinance for all purposes, and authorizes the City
Manager to execute this Agreement.
SECTION 2. The City Council authorizes the expenditure of funds for operating costs
and project funding for the DAHC in accordance with the terms of the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ~
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON AFFORDABLE HOUSING CORPORATION
This Agreement between the City of Denton and the Denton Affordable Housing
Corporation ( "Agreement ") is made and entered into by and between the City of Denton, a Texas
municipal corporation ( "CITY "), acting by and through its City Manager, pursuant to ordinance,
and the Denton Affordable Housing Corporation, Denton, Texas a certified non -profit community
housing development corporation, ( "CHDO ").
WHEREAS, CITY has received funds from the U. S. Department of Housing and Urban
Development under the National Affordable Housing Act of 1990 as amended by the Housing and
Community Development Act of 1992 and the Consolidated and Further Continuing
Appropriations Act of 2012, the Home Investment Partnership Program, CFDA number 14.239;
WHEREAS, CITY has adopted a budget for such funds and included therein an authorized
Program Budget for expenditure of funds for provision of an affordable housing program by the
Denton Affordable Housing Corporation included as Attachment "B ";
WHEREAS, CITY has designated the Community Development Division as the division
responsible for the administration of this Agreement and all matters pertaining thereto; and
WHEREAS, the City Manager has determined that CONTRACTOR is the only locally -
certified community housing development organization (CHDO) that includes the required number
of low- income citizens from the CITY or representatives of the low income community on its board
of directors to satisfy federal requirements necessary to serve the CITY's geographical area; that the
CONTRACTOR has provided management services to the CITY to promote affordable housing
within the CITY which has significantly benefited the community; and CONTRACTOR has a
demonstrated history of significant service to the community in the area of affordable housing; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the
mutual obligations and to the performance and accomplishment of the conditions hereinafter
described.
W.,
This Agreement shall commence on or as of September 1, 2013. All funds shall be
expended and all projects completed on or before December 31, 2015, unless adjusted by the CITY.
Request for an adjustment must be in writing and is to be submitted to the Community
Development Division. This Agreement and required compliance with HOME Program regulations
will terminate after ALL funded projects have met the required "affordability period" as stated in 24
CFR Part 92 Subpart F.
2.
RESPONSIBILITIES
A. CONTRACTOR hereby accepts the responsibility for the performance of all
services and activities, described in the Work Statements attached hereto as Attachments "B" and
"C" and incorporated herein as if set forth at length, in accordance with the Program Budget
attached hereto as Attachment "A" and incorporated herein as if set forth at length, and as otherwise
set forth herein, in a satisfactory and efficient manner as determined by CITY, in accordance with
the terms herein.
B. CONTRACTOR's executive director shall be CONTRACTOR's representative
responsible for the management of all contractual matters pertaining hereto, unless written notifica-
tion to the contrary is received from CONTRACTOR, and approved by CITY.
C The CITY's Community Development Administrator will be CITY's representative
responsible for the administration of this Agreement.
D. CONTRACTOR shall be certified as a "Community Housing Development
Organization" (CHDO) by the City of Denton. CONTRACTOR shall maintain CHDO Certi-
fication for the duration of the contract term.
E. CONTRACTOR shall not change the Program Budget without prior written
approval from the CITY.
F. CITY shall be responsible for performing a general environmental review to insure
necessary compliances are met.
G. CONTRACTOR shall be responsible for performing a site - specific environmental
review prior to acquisition of properties to be used for affordable housing projects. The site -
specific review must be submitted to the Community Development Division prior to final project
approval.
H. CONTRACTOR shall conduct a public hearing at least once annually to review
proposed and in- progress activities and receive citizen input. Hearing(s) will be advertised at least
15 days in advance. Advertising, at a minimum, must include publication in a newspaper with local
circulation. The hearing may be combined with CONTRACTOR's annual membership meeting.
A summary of comments from the public hearing will be submitted to the Community
Development Division within 30 days of the date of the public hearing.
I. CONTRACTOR shall provide timely notice to "neighborhood" residents prior to
increasing the number of units in the area by more than two single family or four multifamily units,
or prior to renovating more than five units. Notice will include contact information or identification
of opportunities for residents to comment on the proposed development. CITY staff will determine
"neighborhood" boundaries.
Page 2 of 14
3.
CITY'S & CONTRACTOR'S OBLIGATIONS
A. CITY shall provide funds in the amount of $100,000 or less in project funds to the
CONTRACTOR for specific housing projects and operating costs as described the Work
Statement, Attachment "A ".
B. CONTRACTOR may request a maximum of $28,000 in HOME funds per unit.
Additional project costs may be paid with program proceeds and funds from other sources.
C. CONTRACTOR agrees to hold and save harmless the CITY, its officers and
employees from any and all loss, cost, or damage of every kind [including, property damage, bodily
injury or death], nature or description arising under this Agreement.
D. This Agreement and the payments made hereunder are contingent upon receipt of
U.S. Department of Housing and Urban Development funds pursuant to the HOME Investment
Partnership Program, and shall terminate immediately, not withstanding the provisions of Article
XIX hereof, should such funds be discontinued for any reason.
E. The CONTRACTOR may not request disbursement of funds until they are needed
for payment of eligible costs. The amount of each request by the CONTRACTOR shall be limited
to the amount needed in accordance with 24 CFR 92.504 (c) (3) (viii) and shall involve the
activities set forth in the "Contract Activity Schedule" attached as Attachment C.
F. CONTRACTOR may not request reimbursement for expenditures that occurred
more than ninety (90) days prior to the submission of the reimbursement request to the Community
Development Division.
G. Upon dissolution of the CONTRACTOR any remaining funds or assets derived
from the expenditure of the CITY's funds, hereinafter sometimes described as the CITY's HOME
funds, proceeds or HOME - funded projects, must be immediately returned to the CITY.
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. The CITY and CONTRACTOR agree to perform their duties arising pursuant to the
Agreement in compliance with the U.S. Department of Housing and Urban Development HOME
Investment Partnership Program regulations at 24 CFR Part 92.
B. CONTRACTOR shall comply with all prescribed procedures regarding
nondiscrimination and equal opportunity, affirmative marketing, displacement and relocation, labor
relations, lead -based paint and conflict of interest provisions described in 24 CFR 92 subpart H and
24 CFR 92.504.
C. CONTRACTOR agrees to ensure that all HOME - assisted housing or housing
identified as match for the HOME program meets all affordability requirements identified in 24
CFR 92.252 and 92.254, as applicable. If the housing does not meet the identified affordability
requirements for the specified time period the CONTRACTOR will reimburse all HOME funds
Page 3 of 14
utilized on the project to the CITY.
D. CONTRACTOR agrees that as a certified Community Housing Development
Corporation, they will comply with 24 CFR 92.300 and 92.301.
E. If it is determined that the use of the funding provided by the CITY does not meet
the requirements of the U.S. Department of Housing and Urban Development HOME Investment
Partnership Program, the CONTRACTOR shall reimburse the CITY for the costs determined to be
disallowed under the U.S. Department of Housing and Urban Development HOME Investment
Partnership Program regulations.
F. CONTRACTOR agrees that all housing assisted under this agreement will meet the
property standards requirements in 24 CFR 92.251 and lead -based paint standards in 24 CFR
92.355.
G. CONTRACTOR agrees to comply with displacement and relocation requirements at
24 CFR 92.504 and 92.353.
H. CONTRACTOR agrees to comply with procurement requirements at 24 CFR
84.44; 84.45; 84.46; 84.47 and 84.48 or a procurement policy approved by the CITY.
I. CONTRACTOR certifies that it is not currently listed on the General Services
Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs
in accordance with Executive Orders 12549 and 12689 and will not enter into agreements to expend
Federal funds with contractors that are currently listed.
J. CONTRACTOR agrees to comply with all applicable Federal laws, laws of the
State of Texas and ordinances of the City of Denton.
5.
REPRESENTATIONS
A. The CITY is providing funding to the CONTRACTOR in order to promote
development of affordable housing. Use of funds for programming will meet this stated goal.
B. The CITY is the only agent authorized to designate changes to the Program Budget
or to approve specific projects and programs authorized pursuant to the non - administration portion
of the Program Budget.
C. CONTRACTOR assures and guarantees that it possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to
enter into this Agreement.
D. The person or persons signing and executing this Agreement on behalf of
CONTRACTOR do hereby warrant and guarantee that he, she, or they have been fully authorized
by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and
legally bind CONTRACTOR to all terms, performances and provisions herein set forth.
Page 4 of 14
E. CITY shall have the right, at its option, to either temporarily suspend or permanently
terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or
the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY
for any money it has received from CITY for performance of the provisions of this Agreement if
CITY has suspended or terminated this Agreement for the reasons enumerated in this Section.
F. CONTRACTOR agrees that the funds and resources provided CONTRACTOR
under the terms of this Agreement will in no way be substituted for funds and resources from other
sources, nor in any way serve to reduce the resources, services, or other benefits which would have
been available to, or provided through, CONTRACTOR had this Agreement not been executed.
6.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide accurate, current,
separate, and complete disclosure of the status of the funds received pursuant to this Agreement and
pursuant to any other applicable Federal and/or State regulations establishing standards for financial
management. CONTRACTOR's record system shall contain sufficient documentation to provide
detailed support and justification for each expenditure. Nothing in this Section shall be construed
to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this
Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in
all subcontracts.
B. CONTRACTOR agrees to retain all books, records, documents, reports, and written
accounting policies and procedures pertaining to the operation of programs and expenditures of
funds pursuant to this Agreement for the period of time and under the conditions specified by CITY
and in accordance with 24 CFR 92.508.
C. CONTRACTOR shall submit a copy of each annual independent audit or any
organizational audit conducted, to the Community Development Division within 30 days of the
date of completion.
D. Nothing in the above subsections shall be construed to relieve CONTRACTOR of
responsibility for retaining accurate and current records, which clearly reflect the level and benefit
of services, provided pursuant to this Agreement.
E. At any reasonable time and as often as CITY may deem necessary, the
CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its
records and shall permit CITY, or any of its authorized representatives to audit, examine, make
excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions or employment and all other data relating to the program
requested by said representatives.
F. The CONTRACTOR shall give the City of Denton, the U.S. Department of
Housing and Urban Development, or any of their duly authorized representatives, access to and the
right to examine all books, accounts, records, reports, files and other papers belonging to or in use
by the CONTRACTOR pertaining to this Agreement. Such rights to access shall continue as long
Page 5of14
as the CONTRACTOR is required to retain the records.
7.
REPORTS AND INFORMATION
A. CONTRACTOR shall provide quarterly financial and beneficiary reports that shall
contain such records, data and information as CITY may request and deem pertinent to matters
covered by this Agreement. Reports shall be due to the Community Development Division within
30 days of the end of the quarter. CONTRACTOR shall provide any additional information as
requested by the CITY within 10 days.
B. CONTRACTOR shall submit copies of all public meeting advertisements and
residents notifications setting forth the time and place thereof, including, without limitation, board
of director's meetings, to the Community Development Division office at least 72 hours prior to the
meeting in accordance with Section 16 of this Agreement.
8.
INSURANCE
A. CONTRACTOR shall observe sound business practices with respect to providing
such bonding and insurance as would provide adequate coverage for services offered under this
Agreement.
B. The premises on and in which the activities described in Exhibit A are conducted,
and the employees conducting these activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner /Tenant" coverage with CITY named as an additional insured. Upon
request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage
arrangements.
C. CONTRACTOR will comply with applicable workers' compensation statutes and
will obtain employers' liability coverage where available and other appropriate liability coverage for
program participants, if applicable.
D. CONTRACTOR will maintain adequate and continuous liability insurance on all
vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who
are required to drive a vehicle in the normal scope and course of their employment must possess a
valid Texas driver's license and automobile liability insurance. Evidence of the employee's current
possession of a valid license and insurance must be maintained on a current basis in
CONTRACTOR's files.
E. Actual losses not covered by insurance as required by this Section are not allowable
costs under this Agreement, and remain the sole responsibility of CONTRACTOR.
F. The policy or policies of insurance shall contain a clause which requires that CITY
and CONTRACTOR be notified in writing of any cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation.
Page 6 of 14
9.
EQUAL OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR is subject to Executive
Order 11246, as amended, and, therefore, agrees to the following:
(1) The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, or familial status.
The CONTRACTOR will take affirmative action to ensure that applicants who are
employed are treated during employment without regard to their race, color,
religion, sex, national origin, or familial status, concerning such employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or their apprenticeship. The CONTRACTOR agrees to
post in conspicuous places, available to both employees and applicants for
employment, notices to be provided by the CITY setting forth provisions of this
nondiscrimination clause.
(2) The CONTRACTOR, in all solicitations or advertisements for employees placed by
or on behalf of the CONTRACTOR, shall state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex,
national origin, or familial status.
10.
CONFLICT OF INTEREST
A. CONTRACTOR agrees to comply with the federal regulations at 24 CFR 92.356.
B. CONTRACTOR covenants that neither it nor any member of its governing body
presently has any interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. CONTRACTOR further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
C. CONTRACTOR further covenants that no member of its governing body or its
staff, subcontractors or employees shall possess any interest in or use this position for a purpose that
is or gives the appearance of being motivated by desire for private gain for themselves, or others,
particularly those with which they have family, business, or other ties.
D. No officer, member, or employee of CITY and no member of its governing body
who exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement which
affects his personal interest or the interest in any corporation, partnership, or association in which
he has direct or indirect interest.
Page 7 of 14
11.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve any political activity
(including, but not limited to, any activity to further the election or defeat of any candidate for
public office) or any activity undertaken to influence the passage, defeat or final content of
legislation.
B. None of the performance rendered hereunder shall involve or benefit in any, manner
any sectarian or religious activity.
12.
WARRANTIES
CONTRACTOR represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by CITY and
furnished to CITY, are complete and accurate as of the date shown on the information, data, or
report, and, since that date, have not undergone any significant change without written notice to
CITY.
B. Any supporting financial statements heretofore requested by CITY and furnished to
CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the
date shown on said report, and the results of the operation for the period covered by the report, and
that since said date, there has been no material change, adverse or otherwise, in the financial
condition of CONTRACTOR.
C. No litigation or legal proceedings are presently pending or threatened against
CONTRACTOR.
D. None of the provisions herein contravenes or is in conflict with the authority under
which CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR.
E. CONTRACTOR has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by CONTRACTOR to CITY.
G. Each of these representations and warranties shall be continuing and shall be
deemed to have been repeated by the submission of each request for payment.
Page 8 of 14
13.
COVENANTS
A. During the period of time that payment may be made hereunder and so long as any
payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the
Community Development Administrator or her authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of
the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any
pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets
of CONTRACTOR which are allocated to the performance of this Agreement and with
respect to which CITY has ownership hereunder.
(2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables,
notes or claims for money due or to become due.
(3) Sell, convey, or lease all or substantial part of its assets.
(4) Make any advance or loan to, or incur any liability for any other firm,
person, entity or corporation as guarantor, surety, or accommodation
endorser.
(5) Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds paid to CONTRACTOR by CITY, unless CITY
authorizes such transfer.
B. CONTRACTOR agrees, upon written request by CITY, to require its employees to
attend training sessions sponsored by the Community Development Division.
14.
MONITORING AND EVALUATION
A. CITY shall perform on -site monitoring of CONTRACTOR's performance under this
Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation
activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Objectives, which are attached hereto as Attachment A, as well as other provisions of this
Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record - keeping systems and to provide data determined by
CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay
CITY in such monitoring and to designate one of its staff members to coordinate the monitoring
process as requested by CITY staff.
Page 9 of 14
E. CITY shall provide a written evaluation of contract performance to the
CONTRACTOR within 30 days of the monitoring. Written notification will be provided to staff
and the board of directors.
F. Within 60 days of notification by the CITY, the CONTRACTOR shall provide
complete responses include a statement acknowledging any corrective action required to be taken
due to City of Denton monitoring findings and concerns.
G. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by
any of CONTRACTOR's funding or regulatory bodies to CITY within fifteen (15) working days of
receipt by CONTRACTOR.
15.
DIRECTORS' MEETINGS
A. During the terms of this Agreement, CONTRACTOR shall cause to be delivered
to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and
place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice,
and shall include an agenda and a brief description of the matters to be discussed.
B. CONTRACTOR understands and agrees that CITY representatives shall be afforded
access to all of the Board of Directors' meetings.
C. Minutes of all meetings of CONTRACTOR's governing body shall be available to
CITY within ten (10) working days of approval.
16.
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of the
immediate family of any person who is currently employed by CONTRACTOR, or is a member of
CONTRACTOR's governing board. The term "member of immediate family" includes: wife,
husband, son, daughter, mother, father, brother, sister, in -laws, aunt, uncle, nephew, niece,
step - parent, step- child, half - brother and half - sister.
17.
SUSPENSION OF FUNDING
A. Upon determination by CITY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time conditions and duties provided herein, CITY, without
limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days
written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice
may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The
notice shall set forth the default or failure alleged, and the action required for cure.
B. The period of such suspension shall be of such duration as is appropriate to
accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of
Page 10 of 14
the suspension period, if CITY determines the default or deficiency has been satisfied,
CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or
impounded during the suspension period. If, however, CITY determines that CONTRACTOR has
not come into compliance, this Agreement may be terminated under Section 19 of this Agreement.
18.
TERMINATION
A. The CITY shall have the right to terminate this Agreement, in whole or in part, at
any time whenever the CITY determines that the CONTRACTOR has failed to comply with any
term of this Agreement. The CITY shall notify the CONTRACTOR in writing thirty (30) days
prior to the date of termination, the effective date of such termination, and in the case of partial
termination, the portion of the Agreement to be terminated. Property shall be subject to disposition.
B. The CITY shall have the right to terminate this Agreement for convenience, in
whole or in part by written notification to the CONTRACTOR which shall include the reason for
such termination, the effective date and the portion to be terminated.
C. If, in the case of a partial termination, it is the determination of CITY that the
remaining portion of the award is not sufficient to accomplish the project as described in the Work
Statement, CITY may require that the entire grant be terminated.
19.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that CITY is
contracting with CONTRACTOR as an independent CONTRACTOR and that as such,
CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from
all liability of any nature or kind, including costs and expenses for, or on account of, any
claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in
whole or in part from the performance or omission of any employee, agent or representative
of CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold
harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use
of these contracted funds and program administration and implementation except to the
extent caused by the willful act or omission of CITY, its agents, employees, or contractors.
20.
NOTICE
For purposes of this Agreement, all official communications and notices among the parties
shall be deemed made as of the date mailed if sent postage paid to the parties and address set for
below:
Page 11 of 14
TO CITY-
City Manager
City of Denton
215 E. McKinney St.
Denton, Texas 76201
TO CONTRACTOR:
Director
Denton Affordable Housing Corporation
604 N Bell Avenue
Denton, Texas 76209
21.
VENUE
This Agreement shall be interpreted in accordance with the laws of the State of Texas and
venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
IN WITNESS OF WHICH this Agreement has been executed on this the day of
2013.
CITY OF DENTON
MM
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
GEORGE C. CAMPBELL
DENTON AFFORDABLE HOUSING
CORPORATION
BY:
B ARD PRESIDENT
Page 12 of 14
ATTEST:
SECRETARY
Page 13 of 14
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
September 17, 2013
Materials Management
Bryan Langley � -A
Corr se i'0 geu..Aa V.+
Questions concerning this
acquisition may be directed
to Elton Brock at 349 -7133
Consider adoption of an ordinance accepting competitive proposals and awarding a public works
contract for concrete repair and installation services including curb and gutter replacement and
flat work for various City of Denton departments; providing for the expenditure of funds
therefor; and providing an effective date (RFP 5241- awarded to Floyd Smith Concrete, Inc. in
the not -to- exceed amount of $10,000,000).
RFP INFORMATION
This Request for Proposals is for the annual contract to provide miscellaneous concrete related
repair and for small constriction projects. Quantities are estimated and may vary according to
the needs of the City. Price stricture in most cases is designed to maintain an annual cost and
allow for quantity discounts. This contract is utilized by all field crews for concrete repairs,
curb /gutter work, ADA ramps, sidewalk replacement, driveway repairs, culvert head walls inlet
rebuild, etc. Prices include all cleanup work, safety barricading, materials, and supervision.
The intent of this contract is to aid in making minor repairs and improvements. Projects that
exceed $250,000 are required to have separate payment and performance bonds. In addition,
these projects will be submitted to Council for individual review and approval.
Standard purchasing procedures were followed to solicit proposals for the concrete services.
Request for Proposals (RFP) were sent to 703 prospective suppliers, including fourteen (14)
Denton firms. In addition, notice was advertised in the local newspaper, and the specifications
were placed on the City of Denton Materials Management website for prospective suppliers to
download. Only one (1) response was received meeting the minimum qualifications. The pricing
sheet with Best and Final Offer (BAFO) submitted by Floyd Smith, Concrete, Inc. is shown as
Exhibit 1. The highlighted BAFO pricing on Exhibit 1 reflects a decrease in unit pricing for
some items which will result in a cost savings when these items are utilized.
RECOMMENDATION
Approve an initial one (1) year contract with options to renew for two (2) additional one (1) year
periods, with Floyd Smith Concrete, Inc. in an amount not to exceed $10,000,000.
Agenda Information Sheet
September 17, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Floyd Smith Concrete, Inc.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The initial term of this contract is for one (1) year ending September 17, 2014. The City and
Floyd Smith Concrete, Inc. shall have the option to renew this contract for two (2) additional one
year periods.
FISCAL INFORMATION
These projects will be funded from appropriate capital funds and /or operating accounts as
determined by the using departments.
EXHIBITS
Exhibit 1: Pricing Sheet with Best and Final Offer and Scoring
Respectfully submitted
Chuck Springer, 349 -8260
Director of Finance
1 AIS -RFF 5241
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—
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC
WORKS CONTRACT FOR CONCRETE REPAIR AND INSTALLATION SERVICES
INCLUDING CURB AND GUTTER REPLACEMENT AND FLAT WORK FOR VARIOUS CITY
OF DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5241- AWARDED TO FLOYD
SMITH CONCRETE, INC. IN THE NOT -TO- EXCEED AMOUNT OF $10,000,000).
WHEREAS, the City has solicited, received and tabulated competitive proposals for the
constriction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described proposal is the highest scored proposal for the constriction of the public works
or improvements described in the Request for Proposal (RFP) document and plans and specifications
therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposal for the constriction of public works or
improvements, as described in the "Request for Proposals" or plans and specifications on file in the
Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby
accepted and approved:
RFP
NUMBER CONTRACTOR AMOUNT
5241 Floyd Smith Concrete, Inc. $10,000,000
SECTION 2. The acceptance and approval of the above competitive proposals shall not
constitute a contract between the City and the person submitting the proposal for constriction of
such public works or improvements herein accepted and approved, until such person shall comply
with all requirements specified in the Notice to Proposers including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the constriction of the public works or improvements in accordance
with the proposals accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFP 5241 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. Upon acceptance and approval of the above competitive proposals and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved proposals and authorized contracts executed pursuant thereto.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
- ORD -RFP 5241
AGENDA DATE
DEPARTMENT:
ACM:
SUBJECT
AGENDA INFORMATION SHEET
September 17, 2013
Materials Management
Bryan Langley
Coir ,e i'0 geu.�Aa V
Questions concerning this
acquisition may be directed
to Quentin Hix 349 -7744
Consider a recommendation to the City Council to adopt an ordinance rejecting any and all
competitive proposals for RFP 5218- Hangar Development at the Denton Enterprise Airport for
the City of Denton, or take other appropriate action with regard to such proposals; and providing
an effective date. The Council Airport Committee recommends approval 2 -0.
RFP INFORMATION
On April 5, 2013, the City of Denton issued Request for Proposals (RFP) 5218 on behalf of
Denton Enterprise Airport (DTO) to solicit proposals for the development of aircraft hangars on
approximately ten (10) acres of property at the Airport. The RFP Scope of Work/Technical
Specifications solicited development of new hangar facilities using a combination of City and
private resources (public- private partnership) to accommodate a current market demand for
aircraft storage at DTO while generating positive revenues for the Airport (per the specific
criteria outlined in the RFP). The specifications offered respondents a range of options
including: the lease of unimproved property on which to constrict hangars ranging in size from
nested T- hangars to large box hangars, ownership of the hangars to be totally private, a
combination of public /private ownership, or a build -to -suit development owned by the City of
Denton at DTO.
Three (3) responses for RFP 5218 were received and all were build -to -suit for the City of Denton
at DTO. Airport staff has determined that the option of build -to -suit requires professional design
services which cannot be accessed from the proposals submitted. Therefore, City staff is
requesting that the City Council reject all proposals received and provide staff direction to seek a
Professional Service Agreement for the conceptual design and development of constriction
specifications for hangars to be constricted at Denton Enterprise Airport in a manner that will
achieve the desired revenue enhancement and meet the market demand for new hangar space.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
At their September 11, 2013 meeting, the Council Airport Committee (CAC) recommended
approval 2 -0.
Agenda Information Sheet
September 17, 2013
Page 2
FISCAL INFORMATION
There will be no fiscal impact.
EXHIBITS
Exhibit 1: Ordinance Rejecting Proposals
Respectfully submitted
Chuck Springer, 349 -8260
Director of Finance
1 AIS -RFF 5218
ORDINANCE NO.
AN ORDINANCE REJECTING ANY AND ALL COMPETITIVE PROPOSALS FOR RFP
5218- HANGAR DEVELOPMENT AT THE DENTON ENTERPRISE AIRPORT FOR THE
CITY OF DENTON, OR TAKE OTHER APPROPRIATE ACTION WITH REGARD TO
SUCH PROPOSALS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive proposals for
hangar development at the Denton Enterprise Airport —RFP Number 5218 in accordance with the
procedures of State laws and City ordinances; and
WHEREAS, the City Council has determined that it is in the best interest of the City that
the herein described proposals should be rejected; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive proposals for Hangar Development at Denton
Enterprise Airport, as described in the "Request for Proposals" on file in the Office of the City's
Purchasing Agent are hereby rejected:
I. .1a&
NUMBER PROPOSER
5218 The Prairie Group, LLC
5218 Lansford Company, Inc.
5218 LEMCO Constriction Services
SECTION 2. The City Manager is hereby authorized to execute all necessary documents
for the rejection of said proposals.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under RFP 5218 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC •
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2- )RD-RFP 5218
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Phil Williams at 349 -8487
ACM: Bryan Langley �_A
SUBJECT
Consider adoption of an Ordinance approving the expenditure of funds for a three (3) year
contract with Motorola Solutions, Inc. for maintenance services for radio communications
network equipment for Denton Municipal Electric (DME) available from only one source in
accordance with Texas Local Government Code 252.022, exempting such purchases from
requirements of competitive bids; providing for the expenditure of funds therefor; and providing
an effective date (File 4823- Purchase of Three (3) Year Maintenance Services for Radio
Communications Network for DME in the annual amount of $31,999.92, for a three (3) year not -
to- exceed total of $95,999.76). The Public Utilities Board recommends approval (6 -0).
FILE INFORMATION
Public Safety regulations require that the radio communications network maintained by DME be
in proper operating condition to enable the public safety agencies that use the network to respond
to emergencies. The public safety agencies that use this network include the City of Denton Fire
and Police Departments, and the University of North Texas and Texas Woman's University
Police Departments. In addition to public safety agencies and DME, the network is used by the
City of Denton as a whole to communicate within the organization. The communications
network includes two radio sites and two dispatch centers in addition to the actual radio
equipment.
In order to maintain the radio equipment in proper operating condition, the City of Denton has
previously authorized a one (1) year contract with Motorola Solutions, Inc. to maintain the radio
communications network. This three (3) year agreement will allow for continued maintenance
with guaranteed pricing for a longer time period (Exhibit 1). The radio equipment within the
communications network is a Motorola branded product and may only be maintained by an
authorized contractor for Motorola Solutions, Inc., which makes Motorola Solutions, Inc. a sole
source provider.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On August 26, 2013, the Public Utilities Board recommended approval to forward this item to
the City Council for consideration.
Agenda Information Sheet
September 17, 2013
Page 2
RECOMMENDATION
Award a three (3) year contract for maintenance services to Motorola Solutions, Inc. in the not -
to- exceed amount of $95,999.76.
PRINCIPAL PLACE OF BUSINESS
Motorola Solutions, Inc.
Schaumburg, IL
ESTIMATED SCHEDULE OF PROJECT
The term of the services agreement will be October 1, 2013- September 30, 2016.
FISCAL INFORMATION
This item will be funded from Electric Communications operating account 600800.6374.5880A.
FXHIRITC
Exhibit 1: Services Agreement
Exhibit 2: Sole Source Letter
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 4823
Exhibit 1
Aft
wy IIMOTOJ4OLA SOLUTIONS
Attn: National Service Support/4th f!
1301 East Algonquin Road
(800) 247 -2346
Date: 07/26/2013
Company Name:
Denton, City Of
Attn:
1000720632
Billing Address:
215 E Mckinney St
City, State, Zip:
Denton,TX,76201
Customer Contact:
Darrell Washington
Phone:
(940)349 -7311
SERVICES AGREEMENT
Contract Number: S00001018783
Contract Modifier: RN08- MAY -13 22:45:57
Required P.O.:
Yes
Customer # :
1000720632
Bill to Tag #:
0001
Contract Start Date:
10/01/2013
Contract End Date:
09/30/2016
Anniversary Day:
Sep 30th
Payment Cycle:
ANNUAL
PO #:
TBD
QTY
MODEUOPTION
SERVICES DESCRIPTION
MONTHLY
EXT
EXTENDED
AMT
1
SVCO2SVC0030C
* * *� Recurring Services
SP - LOCAL REPAIR WITH ONSITE RESPONSE
NETWORK(S)
$2,666.66
$95,999.76
SPECIAL INSTRUCTIONS - ATTACH
STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS
Subtotal - Recurring Services
$2,666.66
$95,999.76
Subtotal - One -Time Event
Services
$ .00
$ .00
Total
$2,666.66
$95,999.76
Taxes
-
i -
Grand Total
1 $2,666.66
1 $95,999.76
_ THIS SERVICE AMOUNT IS SUBJECTTO STATE AND LOCAL TAXING
JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.
Subcontractor(s)
City
State
DFW COMMUNICATIONS INC
ARLINGTON
TX
I received Statements of WorK that describe the services provided on this Agreement. Motorola's Service Terms
and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference.
AUTHORIZED CUSTOMER SIGNATURE
CUSTOMER (PRI
TITLE
6,�
PRESENTATIVE(SIGNATURE) TITLE
ANTHONY PROFITA 815 -762 -5050
MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE
Company Name: Denton, City Of
DATE
Y L /3
)ATE
Contract Number: S00001018783
Contract Modifier: RN08- MAY -13 22:45:57
Contract Start Date: 10/01/2013
Contract End Date: 09/30/2016
Service Terms and Conditions
Motorola Solutions, Inc. ( "Motorola ") and the customer named in this Agreement ( "Customer ") hereby
agree as follows:
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola will provide to
Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2)
installation services under a Motorola Installation Agreement.
Section 2 DEFINITIONS AND INTERPRETATION
2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service
Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are
incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these
Service Terms and Conditions take precedence over any cover page, and the cover page takes
precedence over any attachments, unless the cover page or attachment states otherwise.
2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added
to this Agreement.
2.3. "Services" means those installation, maintenance, support, training, and other services described
in this Agreement.
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the
Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of
this Agreement begins on the "Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of
work or other document attached to this Agreement. At Customer's request, Motorola may also provide
additional services at Motorola's then- applicable rates for the services.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be
used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and
routine service procedures that are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the initial Equipment, the additional equipment may be added to this Agreement and will be
billed at the applicable rates after the warranty for that additional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equipment is
added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial
and model number list of the Equipment. Customer must promptly notify Motorola in writing when any
Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for
this Equipment will terminate at the end of the month in which Motorola receives the written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted)
4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for
any reason, Motorola may modify the scope of Services related to that Equipment; remove that
Equipment from the Agreement; or increase the price to Service that Equipment.
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to
Customer's notification in a manner consistent with the level of Service purchased as indicated in this
Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged
from use in other than the normal, customary, intended, and authorized manner; use not in compliance
with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect,
acts of God or other force majeure events.
5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the
normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming
Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or
software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or
tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission
medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment
malfunction caused by the transmission medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. When Motorola performs service at
Customer's location, Customer will provide Motorola, at no charge, a non- hazardous work environment
with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of
liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer
will provide all information pertaining to the hardware and software elements of any system with which the
Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this
Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and
holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or
expenses associated with helicopter or other unusual access requirements; if these charges or expenses
are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola
for those charges and expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone numbers) that
will be available twenty -four (24) hours per day, seven (7) days per week, and an escalation procedure to
enable Customer's personnel to maintain contact, as needed, with Motorola.
Section 8 PAYMENT
Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in
advance for each payment period. All other charges will be billed monthly, and Customer must pay each
invoice in U.S. dollars within thirty (30) days of the invoice date.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the performance of the Services are
completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-
perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non-
Service Terms and Conditions. Rev 1.12.12.doe (CSA formatted)
conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Section 10 DEFAULTJTERMINATION
10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-
performing party a written and detailed notice of the default. The non - performing party will have thirty
(30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and
begin implementing the cure plan immediately after plan approval. If the non - performing party fails to
provide or implement the cure plan, then the injured party, in addition to any other rights available to it
under law, may immediately terminate this Agreement effective upon giving a written notice of termination
to the defaulting party.
10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred
pursuant to this Agreement, including payments which may be due and owing at the time of termination.
All sums owed by Customer to Motorola will become due and payable immediately upon termination of
this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide
Services.
Section 11 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty,
negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law,
but not to exceed the price of Services provided under this Agreement. ALTHOUGH THE PARTIES
ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT
MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF
USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING
FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO
THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated
by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except
for money due upon an open account. This limitation of liability will survive the expiration or termination
of this Agreement and applies notwithstanding any contrary provision.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings between
the parties, whether written or oral, related to the Services, and there are no agreements or
representations concerning the subject matter of this Agreement except for those expressed herein. The
Agreement may not be amended or modified except by a written agreement signed by authorized
representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this
Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no
event will either party be bound by any terms contained in a Customer purchase order,
acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing
specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify
this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized
representatives of both parties.
Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted)
Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY
RIGHTS
13.1. Any information or data in the form of specifications, drawings, reprints, technical information or
otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed
proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may
not disclose, without Motorola's written permission or as required by law, any confidential information or
data to any person, or use confidential information or data for any purpose other than performing its
obligations under this Agreement. The obligations set forth in this Section survive the expiration or
termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any
manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have
no obligation to provide Customer with access to its confidential and proprietary information, including
cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership
right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including
any intellectual property created as a result of or related to the Equipment sold or Services performed
under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the Federal
Communications Commission or any other federal, state, or local government agency and for complying
with all rules and regulations required by governmental agencies. Neither Motorola nor any of its
employees is an agent or representative of Customer in any governmental matters.
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will
not hire, engage on contract, solicit the employment of, or recommend employment to any third party of
any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This
provision applies only to those employees of Motorola or its subcontractors who are responsible for
rendering services under this Agreement. If this provision is found to be overly broad under applicable
law, it will be modified as necessary to conform to applicable law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola
for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will
safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage
to this property, and return it to Motorola upon request. This property will be held by Customer for
Motorola's use without charge and may be removed from Customer's premises by Motorola at any time
without restriction.
Section 17 GENERAL TERMS
17.1. if any court renders any portion of this Agreement unenforceable, the remaining terms will
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the
laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
Service Terms and Conditions. Rev 1.12.12.doc (GSA formatted)
17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond
that party's reasonable control, such as strikes, material shortages, or acts of God.
17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its
duties under this Agreement.
17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or
obligations hereunder without the prior written consent of the other Party, which consent will not be
unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent
will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or
its right to receive payment without the prior consent of Customer. In addition, in the event Motorola
separates one or more of its businesses (each a "Separated Business "), whether by way of a sale,
establishment of a joint venture, spin -off or otherwise (each a "Separation Event "), Motorola may, without
the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement
such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its
affiliates, to the extent applicable) following the Separation Event.
17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY
ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES
A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO
DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY
DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates.
17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and
conditions in effect at the time of the termination or expiration will apply to those Services and Customer
agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates.
Service Terms and Conditions. Rev 1.12.12.doc (CSA formatted)
City of Denton Response Contract
DFW Communications will provide a 24 X 7 contract that gives priority call out to the
City of Denton. This is for either telephone consultation or on -site response.
A. Provide Two (2) On -site service calls per month. Telephone consultation with DFW
Communications Technician is unlimited. Labor hours are not limited for each on-
site response per month. DFW Communications is also available for additional
service request that will be billed at an hourly rate of $105 per hour during regular
business hours and $157.50 per hour during non - business hours.
B. Provide One (1) annual system infrastructure alignment and optimization.
C. This contract does not include any parts, advance board replacement, spares or
FRU kits.
D. The City of Denton will be responsible for shipping any or all- defective boards for
repair. DFW Communications call center will open and track cases.
E. DFW Communications will do an on -site inspection of the system for training
purposes. The on call technicians for the City of Denton will participate in the training.
This will ensure familiarity with the City of Denton System.
F. Standard response time is 4 hours on -site.
G. Motorola will provide Technical Support to DFW Communications during the
contract period.
Exhibit 2
August 2, 2013
City of Denton
901 C —Texas St.
Denton, Texas 76209
Attn: Darrell Washington
Mr, Washington,
Motorola appreciates The City of Denton as a valuable partner with your Trunked Radio
Communications System. Your current system is comprised of a technology protocol called SmartNet
that is exclusive to Motorola with regards to equipment and services.
DFW Communications is the only Premier Certified Motorola Service Provider in the Dallas — Fort Worth
area and who's service is exclusive to Motorola Solutions. Your service contracts to and with Motorola
Solutions provide you with "sole source" services being provided by DFW Communications.
Should you have any questions or require additional information, please do not hesitate to contact me
at (972) 977,8022, Thank you again for your business.
Regards,
Motorola �
Becky Sma
Sr. Accoun
(972) 977 -8022
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Exhibit 3
DRAFT MINUTES
PUBLIC UTILITIES BOARD
August 26, 2013
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
Monday, August 26, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901A Texas Street, Denton, Texas.
Present: Chairman Dick Smith, Secretary Randy Robinson, Leonard Herring,
Barbara Russell, Phil Gallivan and Lilia Bynum
Absent: Vice Chair Billy Cheek
Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager
OPEN MEETING:
CONSENT:
2) Consider recommending approval of a three -year contract with Motorola Solutions, Inc. for
maintenance services for the radio communications network equipment for Denton
Municipal Electric (DME), which is available from only one source in accordance with
Chapter 252.022 of the Texas Local Government Code, of $31,999.92 per year, for a not to
exceed three -year period total expenditure of $95,999.76 (File 4823). Such purchases are
exempt from the requirements of competitive bidding.
Board Member Russell moved to approve item 2 with a second from Board Member
Gallivan. Vote 6 -0 approved.
Adjournment 10:10 a.m.
ORDINANCE NO.
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR A THREE (3) YEAR
CONTRACT WITH MOTOROLA SOLUTIONS, INC. FOR MAINTENANCE SERVICES
FOR RADIO COMMUNICATIONS NETWORK EQUIPMENT FOR DENTON MUNICIPAL
ELECTRIC (DME) AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH
TEXAS LOCAL GOVERNMENT CODE 252.022, EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4823 - PURCHASE
OF THREE (3) YEAR MAINTENANCE SERVICES FOR RADIO COMMUNICATIONS
NETWORK FOR DME IN THE ANNUAL AMOUNT OF $31,999.92, FOR A THREE (3)
YEAR NOT -TO- EXCEED TOTAL OF $95,999.76).
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; and
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 1. The following purchase of materials, equipment or supplies, as described
in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4823 Motorola Solutions, Inc. $95,999.76
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only 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; and
need not be submitted to competitive bids.
SECTION 3. 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 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 4823 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
5 -ORD -File 4823
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Airport
ACM: Jon Fortune n
SUBJECT
Consider the adoption of an ordinance approving a Third Amendment to a Commercial Operator
Airport Lease Agreement between the City of Denton, Texas and Alan Ritchey, Inc. for
assignment to Nebrig Properties, L.P.; and providing an effective date. The Council Airport
Committee recommends approval 2 -0.
BACKGROUND
Airport Staff received a request from Alan Ritchey, Inc. on September 3, 2013 to transfer the
property lease at 4849 Spartan Drive to Nebrig Properties, L.P. In addition to the transfer of the
property lease, the parties requested certain amendments to the terms and conditions of the lease.
The lease amendment includes the following provisions:
1. The term of the lease is changed to match an existing lease of property to Nebrig
Properties, L.P. The Alan Ritchey, Inc. lease commenced on May 15, 1998 and included
a primary term of thirty (30) years with two (2) consecutive options to renew for ten (10)
years each. The full term of the original Alan Ritchey, Inc. lease would have matured on
May 15, 2048; however, the primary term would have been completed on May 15, 2028.
At the end of the primary term, the original lease provided for reversion of property
improvements. In order to address the reversion provision and to make the amended
lease conform to other current lease provisions as identified in this Agenda Information
Sheet (AIS), the term of the original lease was changed to conform with an existing lease
to Nebrig properties, L.P. at Denton Enterprise Airport. The amended lease term is for
thirty -three (33) years beginning September 17, 2013 and ending September 17, 2046,
with no extension options other than the renegotiation provision referenced in this AIS;
2. The amended lease includes additional rights of the Lessee, Nebrig Properties, L.P., to
conduct business similar to the activities authorized in their existing lease. The additional
business activity includes aircraft sales, fixed -wing and rotor flight training and fueling
for Nebrig Properties, L.P. tenants only;
3. The original lease is amended to include the current reversion clause which continues to
provide for ownership of property improvements to transfer to the City at the end of the
lease; however, the tenant has the option to renegotiate the lease at any time during the
current term and postpone reversion to the end of a new lease period. If this option is
Agenda Information Sheet
September 17, 2013
Page 2
exercised, the lease rate to be negotiated at current market rates for similar property at the
Airport has added to it an amount per square foot of property to compensate the City for
the value of improvements that would have reverted to City ownership if reversion had
been implemented at the time of lease renegotiation; and,
4. The terms of the amended lease clarify that the current tenant, Alan Ritchey, Inc. has no
ongoing right or obligation to re- assume the lease if the new tenant defaults;
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
At their September 11, 2013 meeting, the Council Airport Committee (CAC) recommended
approval 2 -0.
FISCAL INFORMATION
The current lease rate for the property to be transferred to Nebrig Properties, L.P. is $12,842
annually ($0.264 /square foot). Airport staff recommends maintaining the existing lease rate for
the Alan Ritchey, Inc. property requested to be transferred to Nebrig properties, L.P.
EXHIBITS
1. Ordinance with Third Amendment
Respectfully submitted:
Quentin Hix, Director of Aviation
Airport Lease Agreement Amendment for 4849 Spartan Drive
ORDINANCE NO.
AN ORDINANCE APPROVING A THIRD AMENDMENT TO A COMMERCIAL
OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND ALAN RITCHEY, INC. FOR ASSIGNMENT TO NEBRIG PROPERTIES, L.P.; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 15, 1998, the City of Denton, Texas (hereinafter the "City ") entered
into that certain Airport Lease Agreement (hereinafter the "Agreement ") with Alan Ritchey, Inc.
to lease property located at 4849 Spartan Drive, Denton, Texas as approved by Ordinance 98 -133
as subsequently amended; and
WHEREAS, on September 3, 2013, the City received a request from Alan Ritchey, Inc.
to consider a Lease Assignment of Pad Site At Denton Airport to Nebrig Properties, L.P.; and
WHEREAS, certain amendments to the Airport Lease Agreement in substantially the
form attached hereto and made a part hereof (hereinafter the "Amendment ") are necessary to
effect a transfer to the Nebrig Properties, L.P.; and
WHEREAS, at a meeting on September 10, 2013 the City of Denton Council Airport
Committee recommended approval of said Amendment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an
Amendment of the Airport Lease Agreement between the City and Alan Ritchey, Inc. to assign
the Agreement to Nebrig Properties, L.P. in substantially the form of the Amendment which is
attached to and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
THIRD AMENDMENT TO THE AIRPORT LEASE AGREEMENT
WITH ALAN RITCHEY, INC. FOR 4849 SPARTAN DRIVE, DENTON, TEXAS
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
This Third Amendment is made and executed to be effective as of the _17th_ day of
September, 2013 to that certain Airport Lease Agreement between the City of Denton, Texas, a
municipal corporation, hereinafter referred to as "Lessor" and Alan Ritchey, Inc., hereinafter
referred to as "Lessee" which was executed to be effective as of the 12th day of May 1998,
hereinafter referred to as "Base Lease ".
WITNESSETH:
WHEREAS, the Lessor and Lessee wish to amend the Base Lease to transfer ownership
of the Base Lease to Nebrig Properties, L.P. and to make certain other changes to the Base Lease;
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree to amend the Base Lease as follows:
SECTION 1. Alan Ritchey, Inc. as original Lessee herby assigns all of Lessee's rights
and responsibilities associated with the Base Lease to Nebrig Properties, L.P. as Lessee of record.
SECTION 2. Nebrig Properties, L.P. assumes Lessee's rights and responsibilities
associated with the Base Lease to be operated as a part of their business located at Denton
Enterprise Airport.
SECTION 3. Section III. "Term", Section V. A. "Rights And Obligations Of lessee ",
Section VIII. "Ownership Of Improvements ", Section XI. "Assignment Of Lease" and Section
XV.D. "Miscellaneous Provisions" are hereby amended as follows:
III. TERM
The term of this Agreement which was originally for a period of thirty (30) years
commencing on the 1511' day of May, 1998 and providing for two (2) lease term extensions of
ten (10) years each under certain terms and conditions, is amended effective September 17, 2013
to be for a term of thirty -three (33) years continuing through the 1711' day of September 2046 in
conformance with the maximum lease period of the Nebrig & Associates, Incorporated lease
dated September 18, 1996 as approved by City of Denton Ordinance 96 -216 as subsequently
amended.
V. RIGHTS AND OBLIGATIONS OF LESSEE
Page 1 of 6
A. USE OF LEASED PREMISES. Lessee is granted the non- exclusive privilege to engage in or
provide the following:
1. Hangar Leases and Rental. The rental or lease of hangars and hangar space and related
facilities upon the leased premises.
2.Office Space Lease or Rental. The rental or lease of office space in or adjoining lessee's
hangars.
3. Aircraft Storage and Tie Down. To provide parking, storage and tie -down service for both
Lessee's and itinerant aircraft upon or within the leased premises.
4.Air Transport. The ability to provide common services related to the air transportation/
cargo industry.
5. Aircraft Sales.
6.Aircraft Maintenance. To perform aircraft and/or helicopter maintenance, provided such
maintenance meets all applicable FAA regulations.
751i0ht Training. To perform aircraft and /or helicopter training, provided such training
meets all applicable FAA regulations.
8Fueling. So long as the premises described in this Agreement, Section II "Leased
Premises ", remains in the ownership of Nebrig Property, L.P., this leasehold shall enjoy
the fueling rights included in the Nebrig Property L.P. lease dated October 5, 1999
established by Ordinance 99 -372 and amended by Ordinance 2000 -290 dated September
5, 2000.
VIII. LEASEHOLD IMPROVEMENTS
C. OWNERSHIP OF IMPROVEMENTS: Except as otherwise provided in this Lease
Agreement, the Lease Improvements constructed upon the Leased premises by Lessee shall
remain the property of Lessee during the Lease Term subject to the following conditions, terms
and provisions:
Page 2 of 6
Upon the termination of this Agreement, whether by expiration of the Term
hereof or by reason of default on the part of Lessee, or for any other reason
whatsoever, the improvements (including without limitation, the Lease
Improvements), and all parts thereof, shall merge with the title of, or be otherwise
considered and deemed a part of the real property, free and clear of any claim of
Lessee and all persons or entities claiming under or through Lessee (including,
without limitation, any holder of a leasehold mortgage), and shall become the
property of Lessor; provided, however:
(i) if Lessee is not then in default hereunder, Lessee shall have the right to remove
all personal property and trade fixtures owned by Lessee from the Leased
Premises, but Lessee shall be required to repair any damage to the Leased
Premises caused by such removal in a good and workmanlike manner and at
Lessee's sole cost and expense; and
(ii) Lessor may elect to require Lessee to remove all or part of the improvements
(other than the Lessor Improvements) from the Leased Premises prior to the
expiration or earlier termination of this Lease Agreement if the improvements
do not meet the established fire code. Lessee must bring the improvements
up to the fire code or restore the Leased Premises to the condition in which
the same existed as of the Effective Date of this Lease, as concerns the
improvements required to be removed by Lessor, which said removal shall be
completed no later than the last day of this Lease Agreement, whether expired
or earlier terminated, in which event Lessee shall promptly perform such
removal and restoration in a good and workmanlike manner and at Lessee's sole
cost and expense; and
(iii) Upon such expiration or earlier termination, Lessee shall deliver the Leased
Premises to Lessor in good condition, reasonable wear and tear excepted,
and shall, at Lessor's request, execute a recordable instrument evidencing the
termination of this Agreement, expressly stating the termination or expiration
date thereof.
2. The Lessor Improvements, if any, shall remain the property of Lessor at all times
during and after the expiration or earlier termination of this Lease Agreement.
3. Nothing contained herein shall be construed to limit or prohibit Lessor and Lessee
from mutually agreeing to either (1) amend or modify this Lease Agreement or, (ii)
enter into a new agreement to supersede and replace this Lease Agreement, which
may, among other things, effectively extend or otherwise defer the transfer of title
and ownership of the Lease Improvements to Lessor as provided for in this
Section V11I.C., prior to the expiration of this Lease Agreement. However,
nothing contained herein shall be deemed or construed to require any amendment
or modification of this Lease or the entering into of a new lease agreement. Any
such action shall be at the sole and absolute discretion of Lessor and Lessee.
Page 3 of 6
XI. ASSIGNMENT OF LEASE
Lessee expressly covenants that it (1) will not assign this Lease Agreement; (ii) convey
more than fifty percent (50 %) of the voting interest in its business or entity as of the Effective
Date of this Lease Agreement, through the sale of stock or otherwise; or (iii) transfer, license, or
sublet the whole or any part of the Leased Premises for any purpose, except for rental of hangar
space or tie -down space for storage of aircraft only, without the prior written consent of Lessor.
Lessor- agrees that it will not unreason -ably withhold its approval of such sale, sublease, transfer,
license, or assignment of the facilities for Airport related purposes. The provisions of this Lease
Agreement shall transfer solely to assignees upon approval of assignment by Lessor.
XV. MISCELLANEOUS PROVISIONS
D. NOTICE. Any notice given by one party to the other in connec - -tion with this Lease
Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with
postage fees prepaid or via facsimile as follows:
1. If to Lessor, addressed to:
Airport Manager
Denton Airport
5000 Airport Road
Denton, Texas 76207
FAX 940- 349 -7289
2. If to Lessee, addressed to:
Nebrig Properties, L.P.
Mike Nebrig, President
4801 John Carrell Road
Denton, Texas 76207
FAX 940 -566 -1602
SECTION 4. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Base Lease shall remain in full force and effect and
shall fully apply to the additional property and improvements and expanded Leased Premises
resulting from this Third Amendment of the Base Lease.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the
effective date first above written.
Page 4 of 6 G—)
CITY OF DENTON, TEXAS, LESSOR
BY:
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Cr
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
ALAN RITCHEY, INC
BY:
TERRELL T. PHILEN, JR., PRESIDENT /CEO
NEBRIG PROPERTIES, L.P.
HIM
cz
IKE NEBRIG, PIZSIDENT
Page 5 of 6
ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of , 2013, by
George C. Campbell, City Manager of the City of Denton, Texas, on behalf of said municipality.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of , 2013, by
Terrell T. Philen, Jr., President /CEO of Alan Ritchey, Inc., on behalf of said company.
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON
This instrument was acknowledged before me on the 1 day of V�2013 by
Mike Nebrig, President for Nebrig Properties, L.P., on behalf of said compa ly.
tOARY PUBLIC, S ATE OF TEXAS
Page 6 of 6
Pte! JOAN M. DAVIS
My Commission Expires
�^y May 16, 2014
OF
CITY OF DENTON CITY COUNCIL MINUTES
August 13, 2013
After determining that a quorum was present, the City Council convened in a 2" a Tuesday
session on Tuesday; August 13, 2013, at 3:00 p.m. in the Council Work Session Room.
PRESENT: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Hawkins,
Council Member Gregory, Council Member Roden, Mayor Burroughs
ABSENT: Council Member King
1. Receive a report, hold a discussion, and give staff direction concerning a municipally sponsored
Municipal Setting Designation ( "MSD ") for the DoN -,ntoN -,n Area.
Ken Banks, Environmental Services and Utility Budget Director, presented the information
concerning the MSD designation. Council approved an ordinance several years ago at the
request of developers. The update dealt with a municipally sponsored setting district as opposed
to one sponsored by a developer.
General description — the MSD was established in 2003 as an alternative way to address
groundwater contamination. Contaminated groundwater usually required remediation to
drinking water standards. A MSD set conditions that limited this requirement. It was applicable
where designated groundwater was not currently used for potable water, and would not likely be
used in the future.
How a MSD works - TCEQ remediation requirements were based on Protective Concentration
Levels. Groundwater ingestion PCLs were usually the most restrictive since they were based on
consumption of the groundwater. The MSD process recognized the groundwater ingestion PCL
might not be appropriate when groundwater was unlikely to be developed for potable purposes.
What a MSD did - all that a MSD did was to establish a restriction designating groundwater as
non - potable. This restriction allowed removal of the TCEQs requirement to evaluate certain
types of groundwater exposure pathways, especially the human consumption pathway. All other
exposure pathways still applied.
Outcome of MSD - without a MSD, the VCP required all contaminants in all environmental
media to meet applicable PCLs. The MSD established a restrictive mechanism ensuring
groundwater would not be used for potable purposes. The TCEQ removed the groundwater
ingestion PCLs requirement and then applied the next most stringent PCLs. This could also help
with soil to groundwater contamination pathways.
Additional considerations - MSD only applied to the designated groundwater. MSDs tended to
be shallow ground water mitigation tools for groundwater that was not likely developable and
bound by impermeable layers.
Advantages to the City - the MSD ensured that designated groundwater would not be used for
potable purposes. Redevelopment would still require the site to go through the TCEQ /VCP
certification of completion /closure process or similar. The site was rendered protective of human
health and the environment according to standards established in the Texas Risk Reduction
Program.
City of Denton City Council Minutes
August 13, 2013
Page 2
Why enact a MSD - without the advantage provided by a MSD, contaminated properties may
remain undeveloped, with no restrictions on potable water use, no restrictions for exposure to
potentially contaminated soils or other environmental media, and no plans for cleanup. The
MSD facilitated re- development and ensured that properties were remediated to standards that
made sense for the site.
Economic /Environmental Benefits - contamination or potential for contamination could result in
remediation costs, negative use effects and increased risks /uncertainties. This decreased
property value and increased risks. MSDs reduced risks and uncertainties, resulting in positive
economic and redevelopment benefits.
Municipal benefits and costs — benefits and costs included (1) cost avoidance and liability
reduction for future municipal property acquisition and redevelopment projects, (2) removal of
redevelopment barriers and preserve property values for development in the designated area, and
(3) cost estimates outlined in backup, but were roughly estimated to be $166,000 - $228,000
depending on area size.
Options and recommendations — (1) direct staff to move forward with establishing a regional
MSD, (2) if so staff would bring back options for further discussion and direction including
boundaries, or (3) direct staff to provide additional information or direct staff to not pursue a
regional MSD. Staff was recommending Option 1.
Council Member Engelbrecht asked about a possible public /private partnership.
Banks stated that staff had not looked at that option at this point.
Council Member Engelbrecht requests information about such a partnership. He suggested the
district go down Dallas Drive and include to Eagle Drive.
Council Member Hawkins asked if the designation was set by the State.
Banks stated that the City set the boundaries and the State provided certification.
Mayor Pro Tem Kamp stated that the Committee on the Environment had recommended Option
1.
Consensus of the Council was to proceed with Option 1.
2. Receive a report, hold a discussion, and give staff direction regarding additional funding
sources for the Street Improvement Fund.
Chuck Springer, Director of Finance, presented the report.
Overview and purpose - Additional information on street maintenance funding options was
requested by Council during the June 18th preliminary budget work session. The purpose of the
presentation was to present options and impacts for additional funding. Staff was requesting
Council direction on pursuing additional funding for street maintenance.
City of Denton City Council Minutes
August 13, 2013
Page 3
The figures for franchise fees, bond sale savings, street cut fees and interest for total operating
revenues were presented. Figures were also presented for operating expenditures, bond funded
expenditures and total expenditures.
Increased street maintenance funding — an increased level of funding was required to get back to
the 2009 OCI rating and maintain it going forward. To return the OCI rating to the 2009 level by
the end of 10 years, approximately $740,000 per year in additional operational funding was
needed through 2020 -21. This would basically double the current operating funding increase
that was projected. It also required an additional $20 million in bond funding after 2016 -17.
Funding options — options included (1) additional funding transferred from the General Fund, (2)
reduce current programs and shift resources, (3) dedicate a property tax rate increase, (4) defer
non - street maintenance capital program and use debt service savings, (5) hold an additional bond
election with sales beginning in 2014 -15, (6) dedicate a street maintenance fee, (7) adopt street
impact fees to reduce debt service tax rate and shift rate for street maintenance purposes, and (8)
a combination of two or more of these options. Currently growth from franchise fee revenues
was used. Additional funding of $740,000 per year would significantly reduce any supplemental
packages. The increase of $740,000 was approximately 0.75% of the General Fund budget each
year. It equated to 3.75% in five years or 6% in eight years.
Mayor Burroughs asked what the effect would be if the employee merit increase was reduced
from 3% to 2 %.
Springer stated that it would result in $300,000 annualized in the General Fund. That would not
include Civil Service.
Dedicated property tax rate — a dedicated property tax would require approximately 1 cent per
year to add $740,000 more each year for street maintenance. After 5 years, it would be 4.92
cents and in 10 years it would be 7.44 cents. This assumed 4% annual growth in assessed value.
Reduce debt funded CIP — to achieve the $740,000 in debt service savings, the City would need
to reduce the capital program by approximately $9.3 million per year. The estimates were based
on current tax - exempt interest rates and a 20 year debt schedule. Debt service tax rate could be
reduced and shifted to maintenance and operations tax rate. Additional property tax revenue in
the General Fund could be transferred to the Street Improvement fund.
Additional bond election for street maintenance - begin the sale for streets earlier in 2014 to
speed up the reconstruction process. Additional cash funding of $740,000 per year would still be
needed to maintain the program after the bond program ended. The impact would be higher OCI
ratings at the end of 10 years since the bond proceeds were used earlier.
Street Maintenance Fee - currently three Texas cities had adopted a fee for streets. They were
structured as a flat fee for residential with same or different rates per single family and
multifamily units. Commercial rates were based on a trip factor and land area with potential
exceptions and caps. The fees were billed on a utility bill. Single family fees ranged from $539
to $14.00 per month. Multifamily ranged from $2.42 to $14 per month. Potential revenue for
Denton could range from $3.5 million to $7 million depending on level of the fees.
City of Denton City Council Minutes
August 13, 2013
Page 4
Council Member Roden asked about incentives for different classes such as more vehicles per
family or larger vehicles and exemption possibilities.
Coulter stated that staff had not looked at a differential yet.
City Attorney Burgess stated in Austin, a property owner who showed that he did not have a car
and used public transportation could get an exception for the fee stricture.
Mayor Pro Tem Kamp agreed that there was a need to look at some type of fees and possible
exceptions.
Council Member Gregory asked about trip factors for commercial and business.
Coulter stated that they had not broken a proposed fee down into that at this time.
City Attorney Burgess stated that Austin retained a consultant who was schooled in estimating
formulas and performed a study to make fair calculations.
Council Member Engelbrecht stated that the formulas could get very complicated such as a
business with heavy traffic or located on the outer limits with not much traffic on streets.
Roadway impact fees — factors in these fees included (1) same basic method as water and
wastewater impact fees, (2) processes for adoption, updates, allowable costs and maximum fees
were set by State law, (3) could be used only for expansion of roadway capacity, not for
maintenance of existing streets, (4) supplemental package in recommended the budget for
$300,000 to prepare a roadway impact fee study, (5) rough estimate of $500,000 to $1,500,000
per year in fees depending on the level of fee and growth, (6) equated to a debt service savings of
$80,000 per year at revenues of $1.0 million, (7) the debt service tax rate could be reduced and
shifted to maintenance and operations tax rate, and (8) additional property tax revenue in the
General Fund could be transferred to Street Improvement Fund.
Roadway Impact fee study —study requirements would include the development of roadway
service areas, development of land use assumptions, the development of a roadway CIP for each
service area, a determination of total capacity and current usage of each roadway in the CIP, an
estimate of future capacity usage by development over the next 10 years based on land use
assumptions, and a calculation of maximum impact fee per service unit for each roadway service
area.
Additional tasks and requirements for the study would include developing land use equivalency
tables, an inventory of existing roadways, traffic volume counts to determine current usage,
travel forecast modeling, three meetings with the Capital Improvements Advisory Committee
and two City Council public hearings.
Requested direction — (1) budget a roadway impact fee study to move forward toward adoption
or (2) implement one or a combination of additional funding strategies for a Street Improvement
fund.
City of Denton City Council Minutes
August 13, 2013
Page 5
Council discussed the options, the OCI rating, amount of money to dedicate to streets, and the
effect of reducing funding to various areas of the budget to fund street maintenance.
Council Member Gregory suggested developing a program so as to not rely on roadway
maintenance to fix the streets.
3. Receive a report, hold a discussion and give staff direction regarding upcoming activities
to be held as part of the public involvement process for Denton Municipal Electric's
(DME) Capital Improvement Plan (CIP) projects. The CIP projects to be presented are:
the Pockrus Substation Expansion Project, the Northwest Switch Station Project, the
Pockrus Substation to the Spencer Switch Station Transmission Project, and the Hills of
Denton Substation Project.
Phil Williams, General Manager of DME, stated that DME was planning four capital
improvement projects in the coming months. Each project required public involvement activities
that included informing the PUB of the project and dates of public meetings, informing Council
of the project and dates of public meetings, sending notifications to the public announcing the
meetings, holding an open house meeting with the neighborhood, public hearings with PUB for
site approval, public hearing with Council for site approval and land acquisition and holding a
second public hearing with Council to vote on a special use permit for the substation site.
Williams reviewed the project locations and schedule of meetings.
Council Member Roden asked if all of the public hearings would be held together.
Williams stated that each project public hearing would be held separately.
4. Receive a report and hold a discussion regarding a 311 or Citizen Relationship
Management (CRM) system.
Ethan Cox, Customer Service Manager, stated that his presentation would include background
information, Task Force review, CRM sample workflow and cost projections.
Case studies showed the benefits /challenges for this type of system. Those included easy access
to city services, greater citizen engagement, improved effectiveness and efficiency, and costly
and complex implementation. This would be an organizational shift on how to do city business.
Task Force challenges and solutions — the Task Force determined that challenges of the system
included call volume /lack of resources, duplication of effort, and lack of shared knowledge. The
solutions for these challenges included a centralized customer service, one number to call and a
CRM system. A CRM system was capable of reporting, was knowledge- based, dealt with
service requests, allowed for citizen profile, used a multi- channel for phone, mobile and web,
and collaboration.
Task Force recommendation — The Task Force recommended a centralized concierge service that
would be phased in over five years. It would be a multi- channel system with one contact
number. A robust CRM system such as Legacy system integration was recommended.
City of Denton City Council Minutes
August 13, 2013
Page 6
Project cost - assumptions in the project cost included that there would be no change in volume
and no personnel transfers. The unknowns included complexity of system integrations and effort
to change processes.
Council Member Gregory stated that with a Legacy system integration, more money might have
to be spent to get a more robust system to integrate all of the systems for tracking work orders
that different departments had.
Cox stated that this would be an area where it might get difficult. However, today it was easier
to integrate different systems into a centralized system.
Mayor Burroughs requested a list of vendors as he had seen two demonstrations on these
systems. He thought this system would provide a major cost savings but noticed that there was
no projected savings on the maintenance and operation side. Nothing would be saved but would
be a different way to do business. He suggested looking for stair step options on how to
implement a system. He wanted a system implemented sooner rather than later but not with a
major commitment with it.
Council discussion included cost of personnel for the implementation, cost of the system to
install, checking with other cities on their costs including checking with the vendors of the
systems for their best cost scenarios.
Summary — the Task Force recommendation was a central concierge service and CRM with a
five year implementation. A supplemental package would be needed for year one cost of
$480.000 which was not currently funded in the proposed budget.
5. Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14
City Manager's Proposed Budget, Capital Improvement Program, and Five -Year
Financial Forecast.
Chuck Springer, Director of Finance, stated that he available to respond to Council questions or
discuss staffs responses to previous Council questions /answers.
Council Member Roden asked when the official public hearing on the budget would be held.
Springer stated that there would be a public hearing on the budget and a separate public hearing
on the tax rate on August 20th. There would be another public hearing on the tax rate on
September 10th
Council Member Gregory expressed concern about the amount in the budget for bikes /pedestrian
paths. He felt that only 22% of what was needed was being done to accomplish the plan. Staff
was doing their part and getting the results but Council was not doing its part with not providing
more funding. He would like more emphasis on that and get the funding up. As Council moved
ahead with the budget he would like to try and look for more funding.
Council Member Roden stated that Attachment E showed "Fry Street Beautification Project ".
He questioned if money for that was coming out of the $200,000 for bike funding.
City of Denton City Council Minutes
August 13, 2013
Page 7
Coulter stated that there was a separate CIP fund associated with that project.
Mayor Burroughs asked about a WiFi program in the Downtown area.
City Manager Campbell stated that there was nothing in the proposed budget for that suggestion.
Mayor Burroughs felt that the proposed Option 2 was a good investment for Downtown. It
would provide a safety element of cameras along with the accommodation of a WiFi friendly
place in Downtown.
Council Member Roden asked about connectivity with Verizon. If Verizon was not interested in
placing cable in the area, could the City lay cable for future fiber that later would not tear up the
street.
Assistant City Manager Martin stated that DME could make it available as they put in conduit to
provide access for a future user. The infrastructure would be there with funding a part of the
DME capital program.
Council Member Roden asked about 413 on the list and an associated time line for a
recommendations from Clarion.
Brian Locldey, Director of Planning and Development, stated that a suggested time frame was
August/September but it was also being coordinated with the Comprehensive Plan so it might be
a November /December time frame.
Mayor Burroughs asked about the suggestion box input from the Chamber to the City.
Springer noted that the City had received a letter from the Park Foundation for a part -time
position. The Foundation would raise funds for that position but was also asking the City for
funding. Direction was needed from Council regarding possible funding for that position.
Mayor Pro Tem Kamp stated that she would like staff to take a look at that.
City Manager Campbell stated that staff could look at the proposal and incorporate it into budget.
Council Member Engelbrecht stated that after three years, the position would be taken out of the
City's budget and the Foundation would then have the funds to pay for the position.
Springer stated that Item 12 related to a discussion regarding rolling over funds budgeted
annually for the Downtown Incentive Grant to a separate fund to allow a growing fund balance.
Council could approve an ordinance that would meet that goal. It was not recommended at this
time to rollover funds for the Neighborhood Empowerment Program due to the nature of the
funds. That program provided funding for services and other recurring costs and was not fully
compatible with long term capital projects.
Mayor Burroughs suggested being conservative about the rollover component and only do it if it
was meaningful for the fund.
City of Denton City Council Minutes
August 13, 2013
Page 8
Council Member Engelbrecht felt that the Neighborhood Empowerment Grant should continue
to roll over right now as word was not out about it and it was difficult to get the funds.
Mayor Burroughs asked if public funds could be used on a private residence.
Council Member Roden felt that was not in accordance with the grant.
City Attorney Burgess stated the program was for neighborhood projects and not for individual
homes.
Consensus of the Council was that it was too early to try and roll over the funds. The program
would be looked at next year to see how well it worked.
6. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
City Council or the public with specific factual information or recitation of policy, or
accept a proposal to place the matter on the agenda for an upcoming meeting AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of
community interest regarding which no action will be taken, to include: expressions of
thanks, congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or other citizen; a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; or an announcement involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
There were no items suggested by Council.
Following the completion of the Work Session, the Council was scheduled to convene into a
Closed Session to discuss the following:
Closed Session
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (DME) for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
The Council did not meet in Closed Session.
With no further business, the meeting was adjourned at 6:20 p.m.
City of Denton City Council Minutes
August 13, 2013
Page 9
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
August 20, 2013
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, August 20, 2013 at 3:00 p.m. in the Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, Council Member Hawkins
ABSENT: Mayor Pro Tem Kamp
1. Citizen Comments on Consent Agenda Items
Robert Donnelly spoke on Items 4E, F and G. He had questions concerning the backup
regarding Bonnie Brae and the associated projects. In particular, he had a question concerning
Bonnie Brae and Vintage and if those were separate issues. He also questioned the amount of
money for the appraisals and the alignment of the roads.
2. Requests for clarification of agenda items listed on the agenda for August 20, 2013.
Mayor Burroughs asked the Fire Chief to speak on Item 4J concerning the architect contract for
the new fire station.
Ross Chadwick, Fire Chief, stated that staff was recommending Council approve the ordinance
to design Fire Station 42. Council had requested an option for LEED certification versus non
LEED certification. The LEED certification would add an additional $165,000 to the contract.
Staff had made a commitment that the fire station, as a green station, would be sustainable for 50
years whether LEED or not. Direction was needed from Council on whether to continue with the
LEED certification in the contract.
Mayor Burroughs stated that the cost for constriction was $3.4 million with $550,000 for design
and oversight of the project. $165,000 was for LEED certification. He asked about the
difference for the architect.
Chadwick stated that the contract under consideration included the $165,000. The ordinance
could still be adopted with direction from Council to remove the $165,000 if Council desired not
to go with the LEED certification.
Council Member Hawkins questioned if the design would change if not LEED certified.
Chadwick stated that the station would still be green and sustainable.
Council Member Hawkins asked what LEED certification did for the station.
Chadwick stated that it basically was a piece of paper certifying that the station was LEED
certified and provided bragging rights.
Hawkins asked if the certification had to be done at this time or could it be applied for in the
future.
City of Denton City Council Minutes
August 20, 2013
Page 2
Chadwick stated that the certification would have to be done now. If the station was not LEED
certified, the architect recommended that energy modeling be done to look at all energy options
on what would work best for the station and what would not.
Council Member Gregory stated that one of the reasons to apply the LEED certification now had
to do with the design and procurement of materials. Part of what the City was paying for was a
third party getting materials locally to reduce transportation costs, etc. A presentation at the
Committee on the Environment indicated that Station 47 had specific design issues that made it
hard for the people who were there on a 24 hour basis. He asked how many design changes
would need to take place and hamper the redo of Station 2 for LEED.
Chadwick stated that other options would be used to off -set those issues and felt confident the
City could receive gold certification if it wanted.
Council Member Gregory stated that a previous Council had made this commitment to do LEED
certification and questioned if this Council would have to undo a resolution if LEED certification
was not desired for this station.
City Manager Campbell stated that Council could just provide direction on the status of the
LEED certification.
Council Member King asked for an example of something that was in the way at Station 7 that
was LEED certified.
Chadwick stated that one item was the automatic shutoffs on sinks. It often times took longer to
get cleared up after a fire than the sinks would allow.
Council Member Engelbrecht asked if the $165,000 for Station 2 would be the same amount for
the other two stations.
Chadwick stated that the cost might go up or down depending on the cost of constriction. The
other two stations would not have to be LEED certified if Council did not want to go in that
direction.
City Manager Campbell stated that it was anticipated that the proposed design of Station 2 would
be used for Stations 3 and 4.
Chadwick stated that part of design process included the development of a manual based on the
station design so that future stations would resemble Station 2.
Council Member Roden stated that he was in favor of LEED certification and wanted to
encourage the private sector to do this as well. It was also good for the City to show that it was
doing this.
Mayor Burroughs stated that he would like future Councils to make Denton the greenest city in
the U.S. A LEED certification would show off the City from other cities.
City of Denton City Council Minutes
August 20, 2013
Page 3
Council Member Engelbrecht stated that one of the issues was the costs for LEED. At some
point the community at -large needed to make a statement to LEED certifiers that the cost was out
of bounds.
Council Member Gregory was in favor of the LEED certification with this station but was not
sure about the future stations.
Council Member Hawkins asked if the design would be the same building whether LEED
certified or not.
Chadwick stated that it would be pretty close.
Council Member Hawkins felt that $165,000 was a lot of money but that if it was going to be
done, then all of the stations should be done and not just one.
Council Member King stated that he was all about sustainability and that it should be done as
must as possible. However, he did not feel that LEED certification was necessary. If the LEED
certification was not done then it would be necessary to make sure it was known that the station
was on track for the certification.
City Manager Campbell stated that the $165,000 difference was for the architectural design and
not for constriction. Without the certification, there might be different windows or the
collection of rainwater might not be included.
Chadwick stated that those would be included even if not LEED certified.
Jon Fortune, Assistant City Manager, stated that the $165,000 was for monitoring of constriction
for the certification. It would provide oversight of the process and certification that the project
met the standards to meet LEED certification.
Mayor Burroughs questioned what would happen if no clear direction was provided at this
meeting.
Chadwick stated that the sooner the decision was known, the better it would be for the design
process. Council could approve the contract and then amend it if necessary in the future.
Mayor Burroughs announced that Items 713, C, and D were being removed from the agenda and
would not be considered.
Council Member Gregory stated that Item U did not have a listing in Closed Session and felt
uncomfortable moving on that item unless he had some legal consultation.
City Attorney Burgess stated that the agenda listed a provision that the Council reserved the right
to go into Closed Session on any item allowed. That item could be included in a Closed Session.
Council Member Gregory requested that Item U be added to the Closed Session.
3. Receive a report and hold a discussion, and give staff direction regarding various
City of Denton City Council Minutes
August 20, 2013
Page 4
professional services agreements between the City of Denton and Graham Associates,
Inc. and Freese and Nichols relating to the widening and improvements to Bonnie Brae
Street, Vintage Boulevard, and Mayhill Road.
Frank Payne, City Engineer, stated that the City applied for regional toll revenue funding for
several major transportation projects in August 2007. In August 2008 the Bonnie Brae Project
was selected for funding. He showed the original project that was in the advanced funding
agreement with the State and detailed the funding amounts per source by fiscal year. He also
reviewed the history of the approval of the project. A modified layout was presented to Council
on July 17, 2012. At that time, Council approved the use of the remaining funding on Bonnie
Brae to pay for the widening of Vintage Blvd, the widening Bonnie Brae from just north of
Scripture to US 380 and for acquiring right -of -way for the future widening of Bonnie Brae from
I35E to just north of Scripture. Remaining funding consisted primarily of money not spent to
widen Bonnie Brae south of Vintage. Staff prepared a TIP modification, anticipating that
funding from Denton County Precinct 2 could be used for Vintage. The TIP modification was to
be entered in the NCTCOG application for screening prior to RTC and TxDOT approval.
The modified funding amounts per source by fiscal year were reviewed. The TIP modification
originally submitted to NCTCOG counted on the use of all Denton County money approved for
Vintage Blvd. and left- over street bond funds as additional local match. The RTR funding was
to remain the same overall at $46 million with a redistribution of funds between engineering,
right -of -way, utility relocations and constriction. COG did not approve the TIP modification as
presented by the City through Innovative Transportation Solutions because it could not agree to
the inclusion of Vintage Blvd. west of Bonnie Brae.
The project extents approved by COG and the basis for TIP modification was presented. The
TIP modification approved for submission by COG included the section of Vintage from Bonnie
Brae east to US Highway 377. It maintained the original tie back to US 377 removed by
eliminating the southern section of Bonnie Brae. Vintage, west of Bonnie Brae, was to be
treated as a separate project.
Payne next reviewed the modified funding amounts per source by fiscal year - final figures. The
TIP modification included a total of $14 million by the City or roughly $4.9 million more than
originally budgeted. The actual funding remaining from street bond funding was approximately
$2 million. The additional $2.9 million needed could come from (1) selling additional
Certificates of Obligation, (2) project savings, (3) transfer from General Obligation Bonds
remaining in other projects, (4) County money slated for Vintage Blvd., or (5) interest income
from deposited funds.
The original Graham Associates contract still had approximately $1 million left on the contract.
The original fee was split at approximately 72% for north of Vintage and 27% south of Vintage.
The contracts on the later agenda were for additional work on Vintage and Bonnie Brae. Payne
reviewed the details of the Graham contract The engineering costs included in the modified
budget were intended to cover all professional services including engineering, right -of -way
acquisition, internal staff costs and legal fees.
Council Member Gregory requested a listing of the sources of funding and where the fund
savings came from.
City of Denton City Council Minutes
August 20, 2013
Page 5
Mayhill Road widening and improvements project — Council approved the original contract with
Freese and Nichols in the amount of $4.5 million on October 19, 2010. Right -of -way acquisition
included the purchase of a number of properties having existing strictures that had to be
removed. In order to remove the structures, the possible presence of asbestos had to be
determined. The original contract was amended to include an asbestos survey of 19 strictures.
As the project evolved, additional items were required beyond the original scope.
Options for the amended contract included whether to approve the professional services
agreements as discussed and presented on the Consent Agenda or decline to approve the
professional services agreements as recommended. Staff recommended approval of the
professional services agreements as listed on the Consent Agenda.
4. Receive a report, hold a discussion and give staff direction regarding economic
development strategies.
Aimee Bissett, Director of Economic Development, presented an overview review of the EDP
stricture, a discussion of FY 2013 -14 objectives, a discussion of a new strategic plan, and a
request for direction from Council.
There were several reasons for relocating to Denton. They included (1) convenience to come to
Texas, (2) deciding whether to consider north Texas specifically, and (3) reasons why the
business should want to come to Denton. The membership of the Economic Development
Partnership Board, partnership staffing, Chamber Economic development and additional
participation was reviewed.
Mayor Burroughs left the meeting.
Bissett reviewed economic development best practices, including entrepreneurship and small
business development; business retention and expansion; and recruitment of large employers and
taxpayers. Additional areas of review included business attraction, the top 20 taxpayers, and the
top five private employers.
Council Member Roden asked what was done to market Denton to potential businesses.
Bissett stated that site selectors looked at an area and statistics for criteria for looking at Denton.
The process was really managed by site selectors.
Council discussed the methods used to attract potential businesses to Denton such as conference
attendance, various state programs, and networking with site selectors.
The perception of Denton poverty and how students affected the Denton economy was presented.
Retailers looked at that poverty level and did not feel Denton was able to support high end
retailers.
Mayor Burroughs returned to the meeting.
Positives for Denton — the economic area was affordable and had locally -owned business. The
social area was local- centric and environmentally minded. Politically, Denton had grassroots
City of Denton City Council Minutes
August 20, 2013
Page 6
politics with actively engaged citizens. In the cultural area, Denton had a creative section with
music and arts along with festivals and events.
Bissett presented an outline of seven potential strategies for improving economic development
programs and options for the development of a new strategic plan. The seven potential strategies
included (1) entrepreneurship and small business, (2) business retention and expansion, (3)
identification of target industries, (4) marketing /recruitment team, (5) filling the GAP, (6)
effective incentives, and (7) strategic planning.
Mayor Burroughs suggested including access to local university research in 43 strategy for
identification of target industries.
Council Member Roden stated that he had suggested this topic as a budget priority because he
felt the current plan was out of date. He suggested thinking about what to invest in this budget
cycle, what do in this year for a low to minimal cost and decide whether to put more money in it.
Bissett stated that staff was working on advancing the plan with UNT
Mayor Burroughs stated that Council was encouraging of the process. He questioned when
would be the right time to do an analysis. He was also comfortable with the retail side and felt it
would be increasing very soon in the future.
Council Member Hawkins stated that a one stop shop for small business and a fast track for large
businesses would be great.
Mayor Burroughs stated that Item DI in the Closed Session would not be considered and that the
general budget discussion would be considered either after the completion of the Closed Session
or after the regular session.
Following the completion of the Work Session, the Council convened in a Closed Session to
consider the following:
A. Closed Meeting:
A. Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
I. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, the
M.E.P. & P.R.R. Survey, Abstract 1473, the R.B. Longbottom Survey,
Abstract Number 775, the Caswell Carter Survey, Abstract Number 275, the
Daniel D. Gulp Survey, Abstract 287, and the M. Yoacham Survey,
Abstract 1442, City of Denton, Denton County, Texas, and generally
located north of McKinney Street, east along Paisley Street, and north
following Loop 288. Consultation with the City's attorneys regarding
City of Denton City Council Minutes
August 20, 2013
Page 7
legal issues associated with the potential acquisition and condemnation of
the real property described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of
Denton and the Denton City Council under- the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceeding or potential litigation.
2. Discuss, deliberate, and receive information from staff and provide staff
with direction pertaining to the potential purchase of certain real property
interests located in the James Edmonson Survey, Abstract No. 400, Denton
County, Texas, located generally in the 3100 Block of South Bonnie Brae
Street, the property interests being within an unincorporated area of Denton
County, Texas. Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition of the real property interests
described above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the City's legal position in
any administrative proceeding or potential litigation.
3. Discuss, deliberate, and receive further information regarding the
purchase of certain real property interests located in the Thomas Toby
Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and
generally located at the south east corner of Loop 288 and Locust Street.
Consultation with the City's attorneys regarding legal issues associated
with the potential acquisition and condemnation of the real property
described above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal
position in any administrative proceeding or potential litigation.
B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys -
Under Texas Government Code Section 551.071.
1. Receive competitive public power information and competitive financial
information from staff regarding plans and strategies involved with the
Energy Management Division proposed for Denton Municipal Electric
( "DME ") regarding electric power marketing analyses and strategies.
Consultation with the City's attorneys regarding legal issues associated
with the same, where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal
position in any administrative proceeding or potential litigation.
City of Denton City Council Minutes
August 20, 2013
Page 8
2. Receive competitive public power information and financial information
from staff regarding approval of the Genscape, Inc., a Delaware
Corporation, "Master License and Services Agreement (North America),"
being a three -year agreement, and being a sole - source acquisition which is
exempt from the requirements of competitive bidding under the provisions
of Section 252.022, Texas Local Government Code, for software relating
to bidding and pricing information for purchased power, generation and
fuel, and Electric Reliability Council of Texas bids, prices, offers, and
related services for purposes of supporting the Energy Management
Division of DME; discuss, deliberate, provide staff with direction,
consider and take final action regarding said Agreement. Consultation
with the City's attorneys regarding legal issues associated with the above
acquisition where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton
City Council under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas, or would jeopardize the City's legal position in
any administrative proceeding or potential litigation.
Council Member Gregory motioned, Council Member Roden seconded to authorize the City
Manager to execute the contract. On roll call vote: Mayor Burroughs, Council Member
Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and
Council Member Hawkins — "aye ". Motion carried unanimously.
C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric (DME) for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Receive a report and hold a discussion with City's attorneys regarding the City
of Denton Sign Ordinance.
This item was not considered.
E. Deliberations regarding Personnel Matters - Under Texas Government Code Section
551.074.
I. Deliberate and discuss the appointment and duties of public officers to boards
or commissions exercising discretionary or rile making power as opposed to
purely advisory powers, which includes without limitation the Health and
Building Standards Commission, the Historic Landmark Commission, the
City of Denton City Council Minutes
August 20, 2013
Page 9
Planning and Zoning Commission, and the Zoning Board of Adjustment.
This item was not considered.
Regular meeting of the City of Denton City Council at 7:00 p.m.in the Council Chambers at City
Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLANIATIONS/PRESENTATIONS
A. Proclamations /Awards
1. Women's Right to Vote Week
Mayor Burroughs presented the proclamation for Women's Right to Vote Week.
2. Live United Month
Mayor Burroughs presented the proclamation for Live United Month.
3. 2013 Miss Texas
Mayor Burroughs presented the proclamation for 2013 Miss Texas proclamation.
4. Mean Green Pride Fridays
This proclamation was not presented at the meeting.
3. CITIZEN REPORTS
There were no citizen reports at this meeting.
4. CONSENT AGENDA
Council Member Gregory motioned, Council Member King seconded to adopt the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote: Mayor Burroughs,
Council Member Engelbrecht, Council Member Gregory, Council Member King, Council
Member Roden, and Council Member Hawkins — "aye ". Motion carried unanimously.
Resolution No. R2013 -020
A. Consider approval of a resolution voting for a member to the Board of Managers
of the Denco Area 9 -1 -1 District; and declaring an effective date.
City of Denton City Council Minutes
August 20, 2013
Page 10
Ordinance No. 2013 -198
B. Consider adoption of an ordinance awarding a contract under the Texas Multiple
Award Schedule ( TXMAS) program for the purchase of a Volvo L70G Wheel
Loader for the City of Denton Water Distribution Department as awarded by the
State of Texas (Contract TXMAS- 13- 23VOIO); providing for the expenditure of
funds therefor; and providing an effective date (File 5327 -Wheel Loader for
Water Distribution Department awarded to Romco Equipment Company in the
amount of $143,580). The Public Utilities Board recommends approval (5 -0).
Ordinance No. 2013 -199
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement for design and
engineering services with Graham Associates, Inc. relating to the widening of
Vintage Boulevard from Bonnie Brae Road East to U.S. Highway 377 in an
amount not -to- exceed $557,402; providing for the expenditure of funds therefor;
and providing an effective date (File 5328- awarded to Graham Associates, Inc.).
Ordinance No. 2013 -200
D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement for preliminary
design and engineering services with Graham Associates, Inc. relating to the
widening of and improvement of Bonnie Brae Road from Interstate Highway 35
East to north of Scripture Road in an amount not -to- exceed $292,575.68;
providing for the expenditure of funds therefor; and providing an effective date
(File 5329- awarded to Graham Associates, Inc.).
Ordinance No. 2013 -201
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement for design and
engineering services with Graham Associates, Inc. relating to the widening of and
improvement of Bonnie Brae Road from north of Scripture Road to U.S.
Highway 380 in an amount not -to- exceed $831,196.50; providing for the
expenditure of funds therefor; and providing an effective date (File 5330- awarded
to Graham Associates, Inc.).
Ordinance No, 2013 -202
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement for design and
engineering services with Graham Associates, Inc. relating to the widening of
Vintage Boulevard from Bonnie Brae Road west to Interstate Highway 35 West in
an amount not -to- exceed $331,565; providing for the expenditure of funds
therefor; and providing an effective date (File 5331- awarded to Graham
Associates, Inc.).
Ordinance No. 2013 -203
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
approval of a Second Amendment to a Professional Services Agreement for
City of Denton City Council Minutes
August 20, 2013
Page 11
Engineering and Design Services relating to the Mayhill Road widening and
Improvements Project, by and between Freese and Nichols, Inc. and the City of
Denton, Texas, providing for the expenditure of funds therefor; and providing an
effective date (File 4511- providing for an additional expenditure amount not -to-
exceed $488,835 with the total contract amount not -to- exceed $5,040,742).
Ordinance No. 2013 -204
H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement with Resolved
Energy Consulting, LLC, for Utility Consulting Services for Denton Municipal
Electric for a three (3) year period, in an amount not -to- exceed $520,000;
authorizing the expenditure of funds therefor; and providing an effective date
(File 5332 awarded to Resolved Energy Consulting, LLC). The Public Utilities
Board recommends approval (5 -0).
Ordinance No. 2013 -205
L Consider adoption of an ordinance by the City of Denton Texas, authorizing the
City Manager to execute the Second Amendment to professional and personal
services agreement with AR/WS Texas, LP, for further services regarding the
procurement and delivery of land rights for the Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade Project;
authorizing the expenditure of additional funds therefor in an amount not -to-
exceed $191,800; and providing an effective date (File 4744 -AR/WS Texas, LP
aggregating an amount not -to- exceed $637,200). The Public Utilities Board
recommends approval (5 -0).
Ordinance No. 2013 -206
J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a Professional Services Agreement for architectural and
design services with Kirkpatrick Architecture Studio for the design of Fire Station
2 to be located at 3311 East McKinney Street, Denton, Texas in an amount not -
to- exceed $555,500; providing for the expenditure of funds therefor; and
providing an effective date (File 5334- awarded to Kirkpatrick Architecture
Studio).
Resolution No. R20013 -021
K. Consider approval of a resolution repealing Resolution No. R2006 -014 which
established a Public Art Policy for the City of Denton, and establishing a revised
Public Art Policy for the City of Denton, Texas; and providing for an effective
date.
Ordinance No. 2013 -207
L. Consider adoption of an ordinance amending Chapter 22 "Parks and Recreation ",
of the Code of Ordinances, City of Denton, Texas by amending Section 22 -4,
"Duties" to provide that the Board shall have the duty to make recommendations
to the City Council and the Parks and Recreation director regarding policy
matters related to public art; amending Section 22 -6, to provide for a City Council
appointed nine - member Public Art Committee to serve as an advisory board to
City of Denton City Council Minutes
August 20, 2013
Page 12
the City Council; repealing Ordinance No. 2006 -105; and providing an effective
date.
Resolution No. R2013 -022
M. Consider approval of a resolution of the City Council of the City of Denton,
Texas receiving and accepting the City of Denton, Texas Master Drainage Study
of the Downtown Implementation plan ( ? "DTIP ") and the Tax Increment Finance
Districts ( "TIF ") - 2013, conducted by Teague Nall and Perkins, Inc. and HALFF
Associates, Inc; and providing an effective date.
Resolution No. R2013 -023
N. Consider approval of a resolution allowing Corey Pond, of The Common Table,
to be the sole participant allowed to sell alcoholic beverages at the Canned
Festival, to be held in Williams Trade Square (parking area bordered by E.
Hickory and Mulberry Streets; east of Wells Fargo Bank; and west of 210 E.
Hickory), on October 5, 2013, upon certain conditions; authorizing the City
Manager or his designee to execute an agreement in conformity with this
resolution; and providing for an effective date. Staff recommends approval.
Approved the noise exception request below.
O. Consider a request for an exception to the Noise Ordinance for the purpose of the
Canned Festival sponsored by Spune Productions. The event will be held on City
property, Williams Trade Square, on Saturday, October 5 from 2 p.m. to 10 p.m.
The exception is specifically requested to increase sound levels from 70 to 75
decibels. Staff recommends approval of request.
Approved the noise exception request below.
P. Consider a request for an exception to the Noise Ordinance for the purpose of
performing live music during a new event, Friends with Benefits Concert. The
concert will be located at 1209 W. Hickory Street, beginning at 11:30 a.m. and
concluding at 10:00 p.m. on Sunday, September 1, 2013. This request is for
amplified sound and an increase in decibels from 70 to 75. Staff recommends
approval of request.
Resolution No. R2013 -024
Q. Consider approval of a resolution approving the issuance of Revenue Bonds by
the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran
Good Samaritan Society in an aggregate principal amount not to exceed
$115,000,000; recognizing that the City of Denton is not responsible for issuing
the Revenue Bonds and has no financial obligation to pay any principal or interest
on the Revenue Bonds; making certain findings in connection therewith; and
providing an effective date.
Approved the noise exception request below.
R. Consider a request for an exception to the Noise Ordinance for the purpose of the
15th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of
Commerce. The event will be held in Quakertown Park on Saturday, September
21, 2013, from 1:00 p.m. to 10:30 p.m. and Sunday, September 22, 2013, from
City of Denton City Council Minutes
August 20, 2013
Page 13
1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of
operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and
for amplified sound on Sunday, and an increase in sound levels from 70 to 75
decibels.
Resolution No. R2013 -025
S. Consider approval of a resolution allowing the Black Chamber of Commerce to
be the sole participant allowed to sell alcoholic beverages at the Blues Festival on
September 21 -22, 2013, upon certain conditions; authorizing the City Manager or
his designee to execute an agreement in conformity with this resolution; and
providing for an effective date. The Parks, Recreation and Beautification Board
recommends approval (6 -0).
Resolution No. R2013 -026
T. Consider approval of a resolution of the City of Denton, Texas, supporting
Proposition 6 on the November 2013 Texas Constitutional Amendment Election
called by the State of Texas, relating to water infrastructure funding.
Ordinance No. 2013 -208
U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute and Oil and Gas Lease (the "Lease ") between the City of
Denton, Texas, as Lessor and Eagleridge Energy, LLC, as Lessee, as attached to
the ordinance and made a part thereof as Exhibit "A ", said lease providing for a
twelve (12) month primary term and other terms and provisions as described
therein, and leasing approximately 10.0513 acres of real property, located in the
Eugene Puchalski Survey, Abstract No. 996, and located approximately along the
3100 block of West Prairie Street, providing findings; and providing an effective
date. (Old Armory Tract Lease)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider nominations /appointments to the City's Economic Development
Partnership Board.
Aimee Bissett, Director of Economic Development, stated that the Nominating Committee met
and was bringing forward four nominations for Council consideration. Those nominations were
Virgil Strange representing the Chamber of Commerce, Dalton Gregory representing the City
Council, Cleve Breedlove representing aviation and Jim Fykes representing the top 20 taxpayer
category.
Council Member Engelbrecht motioned, Council Member King seconded to approve the
nominations. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council
Member Gregory, Council Member King, Council Member Roden, and Council Member
Hawkins - "aye ". Motion carried unanimously.
City of Denton City Council Minutes
August 20, 2013
Page 14
B. Consider nominations /appointments to the City's Boards & Commissions.
1. Airport Advisory Board
2. Community Development Advisory Committee
3. Health & Building Standards Commission
4. Historic Landmark Commission
5. Human Services Advisory Committee
6. Library Board
7. Parks, Recreation and Beautification Board
8. Public Art Committee
9. Public Utilities Board
10. Traffic Safety Commission
11. Zoning Board of Adjustment
Nominations were:
Community Development Advisory Committee — Ira Weinstein
Health & Building Standards — Cody Robinson; David Hoenig
Human Services — Ira Weinstein
Library Board — Bonnie McCormick
Parks and Recreation — Russ Stukel
Public Art Committee — Jim Clement
Public Utilities Board - Barbara Russell
Zoning Board of Adjustment — Barbara Gailey
Council Member Roden motioned, Council Member King seconded to approve the nominations.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
6. PUBLIC HEARINGS
A. Hold a public hearing and receive citizen input on the FY 2013 -14 Proposed
Budget.
Chuck Springer, Director of Finance, stated that the City Charter and State law required that
prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to
provide input on the proposed budget. He reviewed the priorities for the budget, the key focus
areas, and the expenditures and resources for the budget. Utility rate adjustments were proposed
with the overall rate impact for the average customer discussed.
Council Member Roden asked where a citizen would find more details on the budget.
Springer stated that information was posted on the City website with hard copies at the Library.
The Mayor opened the public hearing.
City of Denton City Council Minutes
August 20, 2013
Page 15
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required on this item at this meeting.
B. Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100
valuation, which will exceed the lower of the rollback rate or the effective rate.
Chuck Springer, Director of Finance, stated that the Texas Constitution and the Texas Property
Tax Code required taxing units to comply with specific guidelines in adopting tax rates. He
reviewed the effective tax rate and rollback rate.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
No action was required on this time at this time.
Ordinance No. 2013 -209
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding an initial zoning request of Industrial Center General
(IC -G) for approximately 6.88 acres of land, generally located approximately
1,250 feet south of the McKinney Street and Grissom Road intersection, legally
described as Lot 1, Block I of the Lake Dallas Storage Addition; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, providing
for severability; and establishing an effective date. The Planning and Zoning
Commission recommends approval (6 -0).
Ron Menguita, Planning Supervisor, presented the details of the proposal. This proposal would
allow Atmos Energy to move forward with a specific use permit to install a telecommunication
tower that would be over 50 feet in height. The request would then come back for a public
hearing during the specific use permit process. This property was recently annexed and was
designated with the RD -5 zoning category. After the initial discussion, staff recommended that
the area not zoned but owned by the City also be included as part of this initial zoning request It
was felt that this would be an opportunity to zone the entire area that the City owed with one
application. However, at the Planning and Zoning Commission public hearing, there was
opposition to the initial zoning by property owners within 500 feet of the proposed area. Before
concluding the public hearing, the Planning and Zoning Commission continued this item to the
next meeting to give staff and the applicant time to hold a public meeting. Staff and the
applicant met internally and based on the comments received, staff and the applicant decided to
withdraw the amendment and to limit the area of the initial zoning request back to the original
request. The purpose of tower was for safe communication. A review was presented of future
zoning, current zoning, and proposed zoning. The Planning and Zoning Commission and
Development Review Committee recommended approval.
City of Denton City Council Minutes
August 20, 2013
Page 16
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Gregory motioned, Council Member King seconded to adopt the ordinance.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
D. Hold a public hearing and consider approval of the alignment of the Northeast
Transmission Line Rebuild Project as requested by the Haisler family, property
owners of the 53 acre tract located at the southeast corner of Loop 288 and
Locust Street, City of Denton, Denton County, Texas. The Public Utilities
Board recommends approval (5 -0).
Phil Williams, General Manager — DME, presented the details of the public hearing. Last year
Council approved the final section of the Northeast Transmission Line Rebuild Project. At that
meeting, Council gave direction to DME to work with the Haisler family to determine an
alignment that would be acceptable to the property owner and the neighborhood while meeting
the requirements of DME. In working with the land owner a proposal was developed to put an
expanded tract on back side of the property with a 105 foot easement instead of the traditional 75
foot easement. This would allow for preservation of a tree line on the back side of the homes. A
neighborhood meeting was held on July 8th to discuss the alignment with the neighborhood.
Twenty six people attended the meeting with 6 comments submitted in favor of the alignment
recommended by the Haislers and 7 comments in opposition to the alignment. The Public
Utilities Board recommended approval following their public hearing on the proposal.
Council Member Gregory asked if the City was just purchasing the easement and what the land
could be used for.
Williams stated that the land would stay under the ownership of current owner. No strictures
could be built under lines or in the easement.
The Mayor opened the public hearing.
The following Speaker Cards were submitted:
Dalton Allen, 111 Lexington, Denton, 76205 - spoke in favor.
Comment cards were submitted by:
J. Haisler, 1200 Cowling Road, Sanger, 72266 — in favor of the proposed route
Shirley Haisler, 1200 Cowling Road, Sanger, 72266 — in favor of the proposed route
Additional speakers included:
City of Denton City Council Minutes
August 20, 2013
Page 17
Paul Townsend, 104 Neptune, Denton - opposed
Beth Powell, 402 Redstone, Denton - opposed
David Robertson, 409 Redstone — opposed
The Mayor closed the public hearing.
Council Member Hawkins asked if there were any known health issues related to the
transmission lines.
Williams stated that the best Federal study was done in 2002. That exhaustive study found no
correlation to any health problems with electromagnetic fields.
Council commented on how hard a decision this was based on what would have least impact on
the neighborhood and what was beneficial for the route. The extended easement would save the
trees and was a plus for the alignment. It was difficult to install infrastructure without affecting
someone.
Council Member Roden motioned, Council Member King seconded to approve the line as
presented. On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member
Gregory, Council Member King, Council Member Roden, and Council Member Hawkins -
"aye ". Motion carried unanimously.
7. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE
USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2013 -210
A. Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain fee simple
title to the surface estate, with waiver of surface use related to the mineral estate,
of a 0.5103 acre tract of land to be used and utilized for and in connection with
the expansion, constriction, maintenance, replacement, augmentation, and
improvement of electric transmission and distribution lines, facilities, and
strictures (herein the "DME Expansion Project "), the affected lands and interests
being generally situated in the M.E.P. & P.R.R. Survey, Abstract Number 1473,
City of Denton, Denton County Texas, as more particularly described in Exhibit
"A" and depicted in Exhibit "B ", attached hereto and made a part hereof (said
tract of land and all related interests therein to be acquired collectively referred
to herein as the "Property Interests "); (II) authorizing the filing and prosecution
of eminent domain proceedings to acquire the Property Interests; (III)
authorizing the expenditure of funds therefore; (IV) making findings; (V)
providing a savings clause; and (VI) providing an effective date. (Parcel 19P -
Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project) The Public Utilities Board recommends
approval (5 -0).
City of Denton City Council Minutes
August 20, 2013
Page 18
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner had reached an impasse. Approval of the proposed ordinance authorized staff to
acquire the land right necessary by way of exercising the City's eminent domain authority.
Council Member Gregory motioned, Council Member Roden seconded the following:
"I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize
the use of the power of eminent domain to acquire fee acquisition encumbering 0.5103 acre of
real property, being generally located in the M.E.P. & P.R.R. Survey, Abstract No. 1473 and all
being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
DME Expansion Project in the City of Denton, Texas."
Real property description is attached as Exhibit 1 to the minutes.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
B. Consider adoption of an ordinance (I) finding that a public use and necessity exists
to acquire through the exercise of the right of eminent domain an Electric Utility
Easement encumbering a 0.1739 acre tract to be used and utilized for and in
connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected lands
and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract
Number 927, City of Denton, Denton County Texas, as more particularly
described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a
part hereof (said tract of land and all related interests therein to be acquired and
damages resulting therefrom collectively referred to herein as the "Property
Interests "); (II) authorizing the filing and prosecution of eminent domain
proceedings to acquire the Property Interests; (III) authorizing the expenditure of
funds therefore; (IV) making findings; (V) providing a savings clause; and (VI)
providing an effective date. (Parcel 20P - Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade Project) The
Public Utilities Board recommends approval (5 -0).
This item was not considered.
C. Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
Utility Easement encumbering a 3.5624 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected lands
and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract
Number 927, City of Denton, Denton County Texas, as more particularly
City of Denton City Council Minutes
August 20, 2013
Page 19
described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a
part hereof (said tract of land and all related interests therein to be acquired and
damages resulting therefrom collectively referred to herein as the "Property
Interests "); (I1) authorizing the filing and prosecution of eminent domain
proceedings to acquire the Property Interests; (II1) authorizing the expenditure of
funds therefore; (IV) making findings; (V) providing a savings clause; and (VI)
providing an effective date. (Parcel 21P - Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade Project) The
Public Utilities Board recommends approval (4 -0).
This item was not considered.
D. Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
Utility Easement encumbering a 2.0203 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected lands
and interests being generally situated in the M.E.P. & P.R.R. Survey, Abstract
Number 927, City of Denton, Denton County Texas, as more particularly
described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a
part hereof (said tract of land and all related interests therein to be acquired and
damages resulting therefrom collectively referred to herein as the "Property
Interests "); (I1) authorizing the filing and prosecution of eminent domain
proceedings to acquire the Property Interests; (II1) authorizing the expenditure of
funds therefore; (IV) making findings; (V) providing a savings clause; and (VI)
providing an effective date. (Parcel 22P - Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade Project) The
Public Utilities Board recommends approval (4 -0).
This item was not considered.
Ordinance No. 2013 -211
E. Consider adoption of an ordinance (I) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
Utility Easement encumbering a 2.9001 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected
lands and interests being generally situated in the R.B. Longbottom Survey,
Abstract Number 775, City of Denton, Denton County Texas, as more
particularly described in Exhibit "A" and depicted in Exhibit "B ", attached
hereto and made a part hereof (said tract of land and all related interests therein
to be acquired and damages resulting therefrom collectively referred to herein as
the "Property Interests "); (II) authorizing the filing and prosecution of eminent
domain proceedings to acquire the Property Interests; (III) authorizing the
expenditure of funds therefore; (IV) making findings; (V) providing a savings
clause; and (VI) providing an effective date. (Parcel 26P - Denton Municipal
City of Denton City Council Minutes
August 20, 2013
Page 20
Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade
Project) The Public Utilities Board recommends approval (5 -0).
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner had reached an impasse. Approval of the proposed ordinance authorized staff to
acquire the land right necessary by way of exercising the City's eminent domain authority.
Council Member King motioned, Council Member Engelbrecht seconded the following:
"I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize
the use of the power of eminent domain to acquire fee acquisition encumbering 2.9001 acres of
real property, being generally located in the R. B. Longbottom Survey, Abstract No. 755 and all
being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
DME Expansion Project in the City of Denton, Texas."
Real property description is attached as Exhibit 1 to the minutes.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
Ordinance No. 2013 -212
F. Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
Utility Easement encumbering a 0.1911 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected
lands and interests being generally situated in the R.B. Longbottom Survey,
Abstract Number 775, City of Denton, Denton County Texas, as more
particularly described in Exhibit "A" and depicted in Exhibit "B ", attached
hereto and made a part hereof (said tract of land and all related interests therein
to be acquired and damages resulting therefrom collectively referred to herein as
the "Property Interests "); (II) authorizing the filing and prosecution of eminent
domain proceedings to acquire the Property Interests; (III) authorizing the
expenditure of funds therefore; (IV) making findings; (V) providing a savings
clause; and (VI) providing an effective date. (Parcel 28P - Denton Municipal
Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade
Project) The Public Utilities Board recommends approval (5 -0).
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner had reached an impasse. Approval of the proposed ordinance authorized staff to
acquire the land right necessary by way of exercising the City's eminent domain authority.
Council Member Roden motioned, Council Member Gregory seconded the following:
City of Denton City Council Minutes
August 20, 2013
Page 21
"I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize
the use of the power of eminent domain to acquire fee acquisition encumbering 0.1911 acre of
real property, being generally located in the R. B. Longbottom Survey, Abstract No. 755 and all
being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
DME Expansion Project in the City of Denton, Texas."
Real property description is attached as Exhibit 1 to the minutes.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
Ordinance No. 20 13-2 13
G. Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
Utility Easement encumbering a 0.8652 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected
lands and interests being generally situated in the R.B. Longbottom Survey,
Abstract Number 775, City of Denton, Denton County Texas, as more
particularly described in Exhibit "A" and depicted in Exhibit "B ", attached
hereto and made a part hereof (said tract of land and all related interests therein
to be acquired and damages resulting therefrom collectively referred to herein as
the "Property Interests "); (II) authorizing the filing and prosecution of eminent
domain proceedings to acquire the Property Interests; (III) authorizing the
expenditure of funds therefore; (IV) making findings; (V) providing a savings
clause; and (VI) providing an effective date. (Parcel 29P - Denton Municipal
Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade
Project) The Public Utilities Board recommends approval (5 -0).
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner had reached an impasse. Approval of the proposed ordinance authorized staff to
acquire the land right necessary by way of exercising the City's eminent domain authority.
Council Member Engelbrecht motioned, Council Member Roden seconded the following:
"I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize
the use of the power of eminent domain to acquire fee acquisition encumbering 0.8652 acre of
real property, being generally located in the R. B. Longbottom Survey, Abstract No. 775 and all
being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
DME Expansion Project in the City of Denton, Texas."
Real property description is attached as Exhibit 1 to the minutes.
City of Denton City Council Minutes
August 20, 2013
Page 22
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
Ordinance No. 2013 -214
H. Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
Utility Easement encumbering a 6.8289 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected
lands and interests being generally situated in the Caswell Carter Survey,
Abstract Number 275, and the Daniel D. Gulp Survey, Abstract 287, City of
Denton, Denton County Texas, as more particularly described in Exhibit "A"
and depicted in Exhibit "B ", attached hereto and made a part hereof (said tract
of land and all related interests therein to be acquired and damages resulting
therefrom collectively referred to herein as the "Property Interests "); (II)
authorizing the filing and prosecution of eminent domain proceedings to acquire
the Property Interests; (III) authorizing the expenditure of funds therefore; (IV)
making findings; (V) providing a savings clause; and (VI) providing an effective
date. (Parcel 33P - Denton Municipal Electric 69kV Spencer to Denton North
Interchange Transmission Line Upgrade Project) The Public Utilities Board
recommends approval (5 -0).
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner had reached an impasse. Approval of the proposed ordinance authorized staff to
acquire the land right necessary by way of exercising the City's eminent domain authority.
Council Member Hawkins motioned, Council Member Roden seconded the following:
"I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize
the use of the power of eminent domain to acquire fee acquisition encumbering 6.8289 acres of
real property, being generally located in the Caswell Carter Survey, Abstract No. 275 and Daniel
D. Gulp Survey, Abstract No. 287, and all being more particularly described in Exhibit "A" and
depicted in Exhibit "B" to the ordinance now under consideration and on the overhead screen
being now displayed to the audience, for the DME Expansion Project in the City of Denton,
Texas."
Real property description is attached as Exhibit 1 to the minutes.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
Ordinance No. 2013 -215
L Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
City of Denton City Council Minutes
August 20, 2013
Page 23
Utility Easement encumbering a 0.8052 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected
lands and interests being generally situated in the Daniel D. Gulp Survey,
Abstract 287, City of Denton, Denton County Texas, as more particularly
described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and made
a part hereof (said tract of land and all related interests therein to be acquired and
damages resulting therefrom collectively referred to herein as the "Property
Interests "); (II) authorizing the filing and prosecution of eminent domain
proceedings to acquire the Property Interests; (III) authorizing the expenditure of
funds therefore; (IV) making findings; (V) providing a savings clause; and (VI)
providing an effective date. (Parcel 35P - Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade Project) The
Public Utilities Board recommends approval (4 -0).
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner had reached an impasse. Approval of the proposed ordinance authorized staff to
acquire the land right necessary by way of exercising the City's eminent domain authority.
Council Member Gregory motioned, Council Member Roden seconded the following:
"I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize
the use of the power of eminent domain to acquire fee acquisition encumbering 0.8052 acre of
real property, being generally located in the Daniel D. Gulp Survey, Abstract No. 287 and all
being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
DME Expansion Project in the City of Denton, Texas."
Real property description is attached as Exhibit 1 to the minutes.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
Ordinance No. 2013 -216
J. Consider adoption of an ordinance (1) finding that a public use and necessity
exists to acquire through the exercise of the right of eminent domain an Electric
Utility Easement encumbering a 0.0560 acre tract to be used and utilized for and
in connection with the expansion, constriction, maintenance, replacement,
augmentation, and improvement of electric transmission and distribution lines,
facilities, and strictures (herein the "DME Expansion Project "), the affected
lands and interests being generally situated in the M. Yoacham Survey, Abstract
1442, City of Denton, Denton County Texas, as more particularly described in
Exhibit "A" and depicted in Exhibit "B ", attached hereto and made a part hereof
(said tract of land and all related interests therein to be acquired and damages
resulting therefrom collectively referred to herein as the "Property Interests ");
(II) authorizing the filing and prosecution of eminent domain proceedings to
City of Denton City Council Minutes
August 20, 2013
Page 24
acquire the Property Interests; (II1) authorizing the expenditure of funds
therefore; (IV) making findings; (V) providing a savings clause; and (VI)
providing an effective date. (Parcel 48P - Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade Project) The
Public Utilities Board recommends approval (5 -0).
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner had reached an impasse. Approval of the proposed ordinance authorized staff to
acquire the land right necessary by way of exercising the City's eminent domain authority.
Council Member Engelbrecht motioned, Council Member Roden seconded the following:
"I move approval of this ordinance, and further, I move that the City of Denton, Texas authorize
the use of the power of eminent domain to acquire fee acquisition encumbering 0.0560 acre of
real property, being generally located in the M. Yoacham Survey, Abstract No. 1442 and all
being more particularly described in Exhibit "A" and depicted in Exhibit "B" to the ordinance
now under consideration and on the overhead screen being now displayed to the audience, for the
DME Expansion Project in the City of Denton, Texas."
Real property description is attached as Exhibit 1 to the minutes.
On roll call vote: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory,
Council Member King, Council Member Roden, and Council Member Hawkins — "aye ". Motion
carried unanimously.
8. CITIZEN REPORTS
There were no citizen reports for this section of the meeting.
9. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
City of Denton City Council Minutes
August 20, 2013
Page 25
Mayor Burroughs noted that the North Texas State Fair was currently underway.
Mayor Burroughs stated that Council would be returning to the Work Session plus a possible
Closed Session.
B. Possible Continuation of Closed Meeting under Sections 551.071 - 551.086 of the
Texas Open Meetings Act.
Mayor Burroughs stated that there was a possibility of the Council returning to Close Session
after the completion of the remaining Work Session item.
Council returned to the Work Session at 8:35 p.m.
5. Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14
City Manager's Proposed Budget, Capital Improvement Program, and Five -Year
Financial Forecast.
Chuck Springer, Director of Finance, stated that he did not have a formal presentation but would
answer any questions from Council. Additional information would be presented to Council at
the September 10th meeting.
Mayor Burroughs asked Springer to restate the time line for the budget items.
Springer stated that Council could call any special work session between now and the 10th. A
special work session was scheduled for September 10th and adoption of the budget on September
17th. A public hearing would be held on September 10th for the budget and tax rate.
Council Member Gregory stated that there were currently comments out on social media about a
Denton splash park. If Denton citizens could raise $100,000, they would like the City to match
those funds. He noted there was nothing in the budget for that item.
John Cabrales, Assistant City Manager, stated that after visiting with the Director of Parks and
Recreation, it was felt that if the citizens raised the $100,000 there would be some funding
options for the City to consider.
Council Member Roden stated that the goal seemed pretty ambitious at this point.
Council Member Hawkins asked if there was a deadline to raise the money.
Council Member Roden stated that when the funds were raised they would be earmarked with
Parks for a future splash park.
Council Member King suggested repeating the wording regarding organizational excellence in
the strategic plan section on economic development.
Consensus of the Council was to duplicate that wording.
City of Denton City Council Minutes
August 20, 2013
Page 26
Council Member Roden asked about the interest of air and water monitoring for gas wells. If
Council was interested in pursuing those items, there would be budget implications if included.
City Manager Campbell stated that funding for those programs were not included at this point.
Staff had not been give clear direction from Council at this point.
Springer stated that was one of the unfunded supplemental packages.
Council Member Engelbrecht stated that there were many questions and issues to consider at this
point. The problem he saw was the need for more information on whether to spend money on a
measure that might not be valid.
Springer stated that the estimated amount for air and water monitoring was $407,000. If Council
wished to pursue the monitoring, an off - setting of costs would be required.
City Manager Campbell stated that staff would bring that item back at the September 10th
meeting for further discussion.
City Attorney Burgess stated that the item would be considered in Closed Session.
Mayor Burroughs asked if Council wanted to go into Closed Session regarding DME.
Council did not need to go into Closed Session.
With no further business, the meeting was adjourned at 8:45 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Elton Brock at 3 49-7 13 3
ACM: Bryan Langley � -A
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Agreement with the City of Corinth, Texas under Section 791.011 of the Texas Government
Code, to authorize the City of Denton to provide various Information Technology resources for
the City of Corinth; authorizing the acceptance of funds from the City of Corinth therefor; and
declaring an effective date (File 3839 - Interlocal Agreement with the City of Corinth).
BACKGROUND
The City of Corinth is a neighboring community with a population of approximately 20,000.
Corinth has many of the same service operations as the City of Denton including Utilities,
Municipal Court, and Public Safety. However, Corinth does not have the same level of
technology and computing resources as Denton. Corinth and Denton staff have discussed an
interlocal agreement for Denton to provide server platform, server software, disk storage,
networking, disaster recovery technology, and information technology services in support of
Corinth service operations.
DISCUSSION
The City of Denton operates a robust computing environment. The computing environment
provides all of the software and computing services for City of Denton operations. In addition,
mission critical services including email, financial systems, billing systems, and courts systems
are protected by a redundant data center. In the event that one data center is inoperable, the
redundant data center will provide mission critical services without interruption.
The City of Corinth has many of the same operational needs to provide a high level of service as
the City of Denton. However, their computing environment is limited due to the community size
and technology staff expertise. Corinth and Denton staff discussed the potential for Denton to
provide computing and information technology services on a fee for service basis. The
arrangement would give Corinth access to the robust computing environment otherwise
inaccessible and provide Denton a return on investment for excess capacity available in the data
center. The arrangement would also serve as a model for technology cooperation between
government entities. The Agreement is detailed in Exhibit 1.
Agenda Information Sheet
September 17, 2013
Page 2
RECOMMENDATION
Approve an Interlocal Agreement to provide Information Technology Services with the City of
Corinth, TX.
ESTIMATED SCHEDULE OF PROJECT
This Agreement is effective on October 1, 2013 and will remain in effect until terminated by
either party. The Agreement is expected to be approved by the Corinth City Council on
September 19, 2013.
FISCAL INFORMATION
The Agreement details computing services provided to Corinth at an annual fee of $44,520 plus
information technology services provided on an as needed basis charged at a flat rate of $80 per
hour.
EXHIBIT
Exhibit 1: Ordinance and Interlocal Agreement
Respectfully submitted
Chuck Springer, 349 -8260
Director of Finance
1 AIS -File 3839
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF CORINTH, TEXAS UNDER SECTION
791.011 OF THE TEXAS GOVERNMENT CODE, TO AUTHORIZE THE CITY OF
DENTON TO PROVIDE VARIOUS INFORMATION TECHNOLOGY RESOURCES FOR
THE CITY OF CORINTH; AUTHORIZING THE ACCEPTANCE OF FUNDS FROM THE
CITY OF CORINTH THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3839 -
INTERLOCAL AGREEMENT WITH THE CITY OF CORINTH).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement with the City of Corinth under Section 791.011 of the Texas Government
Code, a copy of which is attached hereto and incorporated by reference herein (the
"Agreement').
SECTION 2. The City Manager, or his designee, is authorized to accept funds pursuant
to the Agreement to provide various information technology resources.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 3839 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2 -ORD -File 3839
ATTACHMENT I
Interlocal Agreement and Memorandum of Agreement
for Server Hosting and Information Services
Between City of Denton and City of Corinth
September 10, 2013
Page 1 of 12
INTERLOCAL CONTRACT AND MEMORANDUM OF AGREEMENT
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the
"Act "), provides the authority to political subdivisions to contract with each other to facilitate the
governmental functions and services of said political subdivisions under the terms of the Act;
and
WHEREAS, the City of Denton and the City of Corinth have the authority to enter into this
Agreement under the Interlocal Cooperation Act (Chapter 791 of the Texas Government Code);
and
WHEREAS, this Agreement is mutually beneficial for the parties and establishes the duties,
assignment, responsibilities and obligations of both cities in the provision of hosting and other
professional information technology services; NOW, THEREFORE, for and in consideration of
the payments and mutual covenants contained herein, and for other good and valuable
considerations, the parties agree as follows:
1) Parties: This Agreement is between the City of Denton, Texas (hereafter "Denton ") and
the City of Corinth (hereafter "Corinth ").
2) Purpose: The purpose of this Agreement is for Denton to provide Corinth Microsoft
Windows Server, hardware, hosting, and associated services on a fee for service basis.
Fee assessment, if any, for the services requested will be determined upon written
agreement of all parties as to the scope and level of effort for the defined requirement. All
Microsoft Windows Servers, hardware, and associated services provided by Denton shall
be for the sole purpose of meeting the governmental and business objectives of the City
of Corinth. This Agreement establishes the responsibilities for supporting Microsoft
Windows Servers, hardware, and associated services for Corinth.
3) Scope: Corinth wishes to host a number of Microsoft Windows Servers at Denton's
facilities to benefit from the technology, redundancy, and skill set of Denton. Under this
Agreement, Denton will provide Corinth Microsoft Windows Server software, hardware,
disk storage, replication of data between two geographic sites, antivirus, Microsoft
software updates, health monitoring, firewall, security testing, data backup and retention,
and associated professional services. A detailed description of included software,
hardware, and services is provided in Attachment A.
4) Responsibilities:
a) CORINTH RESPONSIBILITIES
1. Corinth shall procure, license, and maintain a current support contract for any
software not identified in Attachment A.
Page 2 of 12
2. Corinth shall ensure that appropriate training is provided for the staff
responsible for using and managing software not included in Attachment A.
3. Corinth shall provide Denton a list of software used that is not listed in
Attachment A. Denton may limit access to only the software listed, provided
Denton's denial shall not be unreasonable and Corinth has the right to request
review of a denial.
4. Corinth may request Denton's assistance for non - recurring support items as
described in Paragraphs 4.b) 6 and 7 of this Agreement.
5. Corinth is prohibited from tampering, removing or otherwise attempting to
bypass any component of the Denton network.
6. Corinth will cooperate with Denton to utilize network bandwidth efficiently.
Corinth will cooperate with Denton to mitigate bandwidth utilization that
adversely affects either the Denton or Corinth networks.
7. Corinth understands that Denton maintenance operations may impact Corinth
server and network access. Denton shall notify the Corinth POC as soon as
reasonably possible during unplanned or unexpected maintenance activities in
accordance with section 4.b)5.
8. Corinth will cooperate with Denton to mitigate all security vulnerabilities that
are discovered or /and detected by any Denton or Denton contractor security
scan, on all applications, databases, and servers that are managed by Denton.
Denton will notify Corinth prior to security scans and take steps to avoid any
adverse effects to Corinth server applications.
9. In the case of any Information Assurance security related event, as described in
4.a)13, involving Corinth computer systems, applications, databases, or
networks, Corinth, under the guidance of Denton Systems Security Manager,
will be required to perform actions and /or investigations to mitigate or resolve
an Information Assurance security incident. Corinth shall report all information
security related actions to the Denton Systems Security Manager. Corinth will
be required to investigate the incident. In severe Information Assurance security
related events, Denton Systems Security Manager may take actions to isolate
Corinth computer systems, applications, databases, or networks from the
Denton network.
10. Corinth shall appoint a person to serve as point -of- contact (Corinth POC) to
respond to any Information Assurance security related event and provide that
information to the Denton Systems Security Manager.
11. Corinth (including, but not limited to, Corinth's System Administrator,
Database Administrator, User, Technical Lead, vendors and POCs) shall
comply with all TS System Security Manager's directions in responding to
security events or incidents and cooperate fully with the TS Systems Security
Manager.
12. An Information Assurance security event is any real or suspected adverse event
in relation to the security of computer systems or computer networks, including
the act of violating an explicit or implied security policy.
13. Examples of security incidents include activity such as:
• attempts (either failed or successful) to gain unauthorized access to a system
or data
Page 3 of 12
• attempts (either intentional or unintentional) to spread malicious software,
unwanted disruption, or denial of service
• the unauthorized use of a system for processing or storing data
• changes to the system's hardware, firmware, or software characteristics
without the owner's knowledge, instruction, or consent.
14. Corinth is responsible for providing a primary point of contact (POC) and
alternate(s) for purposes of this Agreement. Corinth is responsible for
immediately notifying Denton of any updates to the designated POC. If Corinth
fails to notify Denton of updated POC information, Denton is not responsible
for notifying the Corinth POC or alternate(s).
15. Corinth will notify Denton before installing any new applications on the hosted
Microsoft Windows servers.
16. Corinth is responsible for opening a work order via the Denton Help Desk (940-
349 -8300) for all Denton network and supported software /hardware issues. The
protocols set forth in subsections 4.b) 6 and 7 shall apply. Corinth is responsible
for providing funding for professional services provided by Denton on an as-
needed basis. A formal scope of services and cost of services will be agreed
upon by both parties before any service is provided.
17. Corinth is responsible for hardware /software product life cycle management
from deployment through operations, on to transformation /migration, and
finally to decommissioning /upgrading for any software /hardware not listed in
Attachment A.
18. Corinth is responsible for providing funding and technical support for all stages
of life cycle management, including refreshment of hardware and software, as
required, for any hardware and software not listed in Attachment A.
19. Corinth agrees to execute the Interlocal Cooperation Agreement designating
Denton its true and lawful purchasing agent for the purchase of the products
identified in Attachment A, and such other products as may be necessary for the
parties to perform their obligations under this Agreement.
b) DENTON RESPONSIBILITIES
1. Denton is responsible for providing and maintaining, on behalf of Corinth,
Microsoft Windows Server software, hardware, disk storage, replication of data
between two geographic sites, antivirus, Microsoft software updates, health
monitoring, firewall, security testing, data backup and retention, and associated
professional services.. This includes, but is not limited to, support and
maintenance of the following:
A. Server Operations, including firmware updates, OS patches, performance
monitoring and backups for the purpose of disaster recovery.
B. Setup, monitor, and maintain user accounts and access to Corinth's
Information Systems, including server, firewall functions, and access using best
practices.
C. Software Licensing /Agreements, monitoring and tracking Corinth Microsoft
software licenses identified in Attachment A.
Page 4 of 12
D. Redundancy and Disaster Recovery Services.
2. Denton designates Corinth as an authorized user and agrees that Corinth is
entitled to the indemnifications provided in Denton's contracts with its software
and hardware providers which authorize the purchase of products by Corinth.
3. In the case of any Information Assurance security related event involving
Denton networks, including Corinth's networks, the Denton System Security
Manager shall serve as the focal point for incident handling, investigation,
analysis, and reporting.
4. The Denton System Security Manager will provide to Corinth the security
information and guidance necessary for recovery, containment, and prevention
so that Corinth can resolve or mitigate an incident. In some instances, Corinth
will be required to investigate the incident. In circumstances where Corinth
cannot perform the required mitigation, the Denton System Security
Manager will perform the required response actions. Denton Systems
Security Manager will notify Corinth of any actions taken.
5. Denton will actively monitor and maintain a hosted Microsoft Windows Server
environment with better than a 99.5% network availability (figured on a monthly
basis). For scheduled maintenance, Denton will send routine downtime notices
at least two days prior to the scheduled maintenance window to notify
customers. In cases of an emergency outage, Denton will provide advance notice
when possible; Otherwise, Denton shall notify Corinth within a reasonable time
to and keep Corinth advised of the status of repairs.
6. Denton will staff the Server Help Desk for Corinth during Denton Support
Hours and can be contacted at 940 - 349 -8300. All issues received will be
prioritized upon receipt so that problems can be addressed within their requisite
timeframes (within Denton Server Support Hours, which are Mondays through
Fridays, 7:00 a.m. — 5:00 p.m.).
7. Corinth shall request support after Denton Support Hours to the number listed
above or the on -call phone at 940 - 367 -3261. Denton will establish a priority
based on the issue and will contact Corinth after opening the work order with
further details on the proceedings. If the support request is necessary to provide
public safety functions, Denton shall contact Corinth via email or telephone
within 20 minutes. For other requests, Denton shall contact Corinth within two
hours. If no response has been received within two hours after contacting the
MOA Coordinator, Corinth may contact the Denton Director of Technology
Services who shall respond within two hours.
8. Denton shall maintain property, fire and casualty insurance in sufficient amounts
to replace Corinth's equipment in the event of casualty. Denton may maintain
such coverage under a plan of self - insurance.
9. Denton agrees to sufficiently staff its Technology Services Division in order to
provide services under this Agreement.
10. Denton acknowledges that its employees will have access to sensitive and
confidential materials, including, but not limited to, attorney - client privileged
documents and e- mails, information, and social security numbers of Corinth
employees. Denton employees shall not disclose this information to any person,
Page 5 of 12
including other Denton employees, without the prior written permission of
Corinth. Denton employees shall not download confidential material on their
Denton -owned computers, unless required for support of Corinth's systems as
outlined in this Agreement. Such downloaded documents shall be deleted after
the intended support use has been completed. Denton employees shall not
remove any confidential documents from Corinth facilities without the prior
written permission of Corinth. Each employee providing services under this
Agreement shall sign a confidentiality agreement with Corinth. Employees with
access to Corinth's criminal databases may have to sign additional documents
for such access, in accordance with State law.
5) Terms of Agreement:
a) Unauthorized Use: Denton will install no software on Corinth servers or make
changes to the Corinth server configuration without written notice and consent from
the Corinth POC. If there is any question regarding the maintenance, Denton will
provide log files upon Corinth POC's request. Corinth will notify Denton not less
than 30 days before installing any new applications.
b) Administrative Access: Denton will have no administrative access to Corinth servers
without written notice and consent from the Corinth POC.
c) Non Exclusivity: This Agreement is not exclusive and Corinth may contract with
others for information technology services, as it deems necessary or advisable.
Corinth shall first solicit input from Denton before any alterations, installations, or
similar changes are made to existing equipment or systems. In the event another
contractor alters Corinth's information technology system, Corinth shall provide
information to Denton regarding such changes as is reasonably necessary for Denton
to provide services under this Agreement.
6) Funding:
a) This Agreement requires Corinth, at Corinth's expense and separate from the services
provided under this agreement, to establish a data communication connection to Denton
from a third party provider, Charter Communications, Inc. Corinth will pay Denton an
annual fee of $44,520 for fiscal year 13 -14 for services provided under this Agreement.
The fee is based on the amount of disk storage and the number of servers hosted. At
Corinth's written request, Denton shall provide additional professional services at the
rates set forth in Attachment A. The unit costs specified in Attachment A will remain the
same for the term of the Agreement.
b) All expenditures made by each party in fulfilling their obligations hereunder, shall
be paid only from current revenues.
7) Modification and Termination:
a) Either party may request review of this Agreement. This Agreement is subject to
modification at any time upon joint written approval of both parties.
b) This Agreement may be terminated by either party at any time with at least nine
months' notice. Upon receipt of notice to terminate, a termination date of a minimum
of 210 days will be scheduled by Denton. Corinth Microsoft Windows Server,
Page 6 of 12
hardware, and associated services must be decommissioned by the termination date.
Annual fees previously paid are non - refundable.
c) This Agreement may be terminated with 30 calendar days' written notice in cases
where a sufficient security risk has been identified and where there has been no
successful mitigation of the vulnerability. In such event, Denton shall cooperate, and
shall cause its contractors to cooperate with Corinth in the transition of services.
d) A default shall occur if either party to this Agreement fails to fully, timely and
faithfully perform any of its material obligations under this Agreement. In the event
of a default by either party, the non defaulting party shall have the right to terminate
the Agreement for cause, by written notice effective 30 calendar days, unless
otherwise specified, after the date of such notice, unless the defaulting party, within
such 30 calendar day period, cures such default or provides evidence sufficient to
provide to the reasonable satisfaction of the non - defaulting party that such default
does not, in fact, exist.
8) Effective Date and Term: This Agreement is effective October 1, 2013 and shall remain
effective through midnight, September 30, 2018, unless earlier terminated as provided
herein.
9) Renewal Terms: Provided Corinth is not in default of this Agreement, Corinth may give
Denton notice, not less than six months prior to the expiration of this Agreement, of its
intent to renew the Agreement for an additional five year term. In such event, the term of
this Agreement shall be renewed and shall continue through midnight, September 30,
2023. Provided Corinth is not in default of this Agreement, not less than six months prior
to the expiration of the Renewal Term of this Agreement, Corinth may give Denton
notice of its intent to renew the Agreement for an additional three year term. In such
event, the term of this Agreement shall be renewed and shall continue through midnight,
September 30, 2026. Denton may increase the fees in Attachment A for the Renewal
Term, but such increases shall not exceed 5 percent per year in each year of the renewal
term. Denton shall give Corinth notice of such increases not less than 180 days before
they become effective.
10) General Provisions:
a) No waiver of a breach or any provision of the Agreement by either party shall
constitute a waiver of any subsequent breach of such provision. Failure of either party
to enforce at any time, or from time to time, any provision of this Agreement shall not
be construed as a waiver thereof.
b) All obligations of each party shall be performed in Denton County, Texas. The laws
of the State of Texas shall govern the interpretation, validity, performance, and
enforcement of this Agreement and the exclusive venue for any legal proceedings
involving this Agreement shall be Denton County, Texas.
c) Notices to Denton shall be deemed given when delivered in person to the Denton POC
or on the third business day after the mailing of said notice addressed to the City
Manager of Denton via United States mail, certified or registered mail, return receipt
requested, and postage paid, at 215 E McKinney Street, Denton, TX 76205.
Page 7 of 12
d) Notices to Corinth shall be deemed given when delivered in person to the City
Manager of Corinth or on the third business day after the mailing of said notice
addressed to said City by United States mail, certified or registered mail, return
receipt requested, and postage paid, at 3300 Corinth Parkway, Corinth, Texas 76208.
e) The place for mailing notices for a party may be changed only upon written notice give
to the other in the manner herein prescribed for notices sent to the last effective place
of mailing for the notifying party.
EXECUTED THIS DAY OF , 2013.
ATTEST:
Kim Pence, City Secretary
ATTEST:
Jennifer Walters, City Secretary
THE CITY OF CORINTH, (CORINTH)
Jim Berzina, Interim City Manager
THE CITY OF DENTON ( DENTON)
George Campbell, City Manager
Page 8 of 12
ATTACHMENT A
PRICING INFORMATION
Servers:
Detail:
Qty
Unit Price
Estimated Annual
Price
Microsoft Windows
Servers
16
$90 / Server / Month
$17,280
- Hardware
8
Incl.
$8,640
- Antivirus
Incl.
- Microsoft patches
Incl.
- Health monitoring
Incl.
- Initial security testing
Incl.
Storage:
Detail:
Qty
Unit Price
Estimated Annual
1 Terabyte data backup /
retention
8
$90 / Server / Month
Price
1 Terabyte (TB) High
8
$90 / TB / Month
$8,640
performance disk
Incl.
storage
Incl.
- Hardware
Incl.
- Health monitoring
Incl.
Data Backup Retention:
Detail:
Qty
Unit Price
Estimated Annual
Price
1 Terabyte data backup /
retention
8
$90 / Server / Month
$8,640
- Hardware
2
Incl.
$9,960
- Health monitoring
Incl.
-Full nightly backups
Incl.
-30 days history
retention
Incl.
Disaster Recovery Tier 1 Application:
Detail:
Qty
Unit Price
Estimated Annual
Price
1 Terabyte data fully
2
$415 / TB / month
$9,960
redundant at separate
geographic location
- Hardware
Incl.
- Software
Incl.
Page 9 of 12
- Secondary disk storage I I Incl.
Professional Services:
Detail:
Qty
Unit Price
Hourly Charge 2
Estimate 180 hours
$80 / hours
- Hardware
Incl.
- Software
Incl.
- Secondary disk storage
Incl.
Notes:
'Only the server operating systems are included. Any other required software must be purchased
separately. Customer may install additional software or may request City of Denton assistance
billed at the standard rate above.
Services are billed in 1/4 hour increments.
Page 10 of 12
ATTACHMENT B
Corinth
Primary: Lee Ann Bunselmeyer
POC
Tel: 940.4983280
Information
Mobile:
Email: Lbunselmeyer @cityofcorinth.com
Alternate: Jonathan Ayers
Tel: 940.4983219
Mobile: 940.783.5192
Email: jayers@cityofdenton.com
Denton MOA
Name: Melissa Kraft
Coordinator
Office: 940349.7823
Mobile: 469.77.6004
E -mail Melissa.Kraft@cityofdenton.com
cityofdenton.com
Denton
Name: Paul Desj ardins
Systems
Office: 940349.7373
Security
Mobile: 940395.9008
Manager
E -mail: Paul .Desjardins @cityofdenton.com
Denton
Name: Kevin Gunn
Technology
Office: 940349.8595
Services
Mobile: 940390.7925
Director
E -mail: Kevin.Gunn @cityofdenton.com
Hosting
Primary:
Physical
601 E. Hickory Street
Location:
Denton, TX 76205
Secondary:
1685 Spencer Rd
Denton, TX 76205
Hardware
See Attachment C
Information:
Page 11 of 12
ATTACHMENT C
HARDWARE INFORMATION
Server Hardware:
Hosting Services are delivered using the Cisco Systems Unified Computing System (UCS)
Platform Blades Servers. A typical server has 12 Intel Westmere cores running at 2.67GHz with
98GB RAM. More information can be found here:
http: / /www.cisco.com /en /US /products /ps 10265 /index.html
Disk Storage:
Disk storage is provided by a Fiber Channel Storage Area Network (SAN). The SAN has a
variety of disk storage available depending on the read /write performance needed for an
application. The primary SAN storage system is the EMC2 VNX5300. This storage system has
95 Terabytes of raw disk storage with a mix of NL SAS, SAS and SSD disk technology.
Software is used to determine where individual blocks of data are stored based on the read /write
activity. Frequently accessed blocks are stored on fast SSD disks; less frequently accessed data is
stored on SAS or NL SAS disk. More information can be found here:
http://www.emc.com/storage/vnx/vnx-series.htm
Virtualization:
Virtualization allows multiple versions Microsoft Windows Server Operating Systems, or virtual
machines, to run on a single hardware server. Software executed on these virtual machines is
separated from the underlying hardware resources. VMware, ESX, and vSphere are utilized for
hosted virtualization. More information can be found here:
http : / /ww.vmware.com /virialization/
Data Backups:
A combination of file based and snapshot based backups are used depending on the type of files
and amount of files required to backup and retain. A combination of EMC AVAMAR backup
solutions and Veeam backup software are used to meet the data backup and retention
requirements. More information can be found here: http: / /www.veeam.com/ and here:
http://www.emc.com/bacl<,tip-and-recovery/avamar/avamar.htm
Data Replication:
EMC2 VPLEX is used to replicated data between two geographic locations in real -time. The
combination of EMC VMPLEX and VMware enables distributed applications and data across
multiple hosts at two geographic locations, virtualizing the disk storage systems. With virtual
storage systems and virtual servers working together over distance, the infrastructure provided
load balancing, real -time remote data access, and improved application protection.
Page 12 of 12
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013
DEPARTMENT: Economic Development
ACM: John Cabrales, Jr.
SUBJECT
A resolution of the City of Denton, Texas calling a Public Hearing to consider establishing a
Reinvestment Zone XI for Tetra Pak, ratifying prior actions, and declaring an effective date
BACKGROUND
The City Council will consider a tax abatement for Tetra Pak Materials during a Regular Session of
City Council on October 1, 2013. In order to consider such tax abatement, City Council must first
establish a reinvestment zone that encompasses the Tetra Pak property. This resolution will call the
required Public Hearing scheduled for October 1, 2013 in order to establish Reinvestment Zone XI
for consideration of a tax abatement for Tetra Pak Materials.
Details of the Tetra Pak incentive application will be presented in a Closed Session briefing to City
Council on September 17, 2013. A Legal Status Report will be issued to City Council on Friday,
September 13, 2013 regarding the details of the project, incentive application, recommendations of
the Economic Development Partnership Board, and consideration of economic impact.
Respectfully submitted:
936����
Aimee Bissett, Director
Economic Development Department
RESOLUTION NO
A RESOLUTION OF THE CITY OF DENTON, TEXAS CALLING A PUBLIC HEARING TO
CONSIDER ESTABLISHING A REINVESTMENT ZONE XI FOR TETRA PAK,
RATIFYING PRIOR ACTIONS, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City has previous to the passage of this resolution re- established its Tax
Abatement Policy by adopting guidelines and criteria governing tax abatement agreements in
accordance with Texas Tax Code Chapter 312, and has declared that it elects to become eligible
to participate in tax abatement, and
WHEREAS, the City finds that it is in the public interest to call a public hearing to
consider the creation of a reinvestment zone for tax abatement purposes for the purpose of
offering a tax abatement to Tetra Pak Materials in accordance with Tex Tax Code §312 201;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
SECTION 1. The City Council hereby calls a public hearing and the City Manager is
hereby authorized to give notice of a public hearing for the establishment of a reinvestment zone
(Reinvestment Zone XI) comprised of the property described in the metes and bounds
description attached hereto as Exhibit "A" and being approximately 52.554 acres on State F.M.
Highway 1515, just north of Airport Road and east of Western Boulevard in the corporate limits
of the City of Denton, Texas for the purpose of entering into a tax abatement agreement with
Tetra Pak Materials for a headquarters expansion within this Reinvestment Zone and other
eligible projects under the City's Tax Abatement Policy, which Exhibit "A" is made a part of this
resolution for all purposes as if written word for word herein. At the hearing, the City Council
will determine whether the improvements sought are feasible and practical and would be a
benefit to the land to be included in the Zone and to the City after expiration of any tax
abatement agreement entered into under Tex Tax Code Ch 312. Notice of the public hearing will
be substantially in the form of the attached Exhibit "A ", which exhibit is made a part of this
resolution as if written word for word herein. The public hearing will take place on the 1" day of
October, 2013 at or after 6:30 p.m. in the City Council Chambers at City Hall at 215 E
McKinney, Denton, Texas 76201, but not until at least seven days after notice of this public
hearing has been published in the Denton Record - Chronicle, a newspaper having general
circulation within the City, and specific notices are delivered in writing to the presiding officer of
the Board of Trustees of the Denton Independent School District, the Commissioners Court of
Denton County, and to other taxing units, if any, that include in their boundaries the real property
described in the attached Exhibit "A" in accordance with Tex Tax Code §312 201. All prior
actions of the City Manager, the Director of Economic Development, the City Attorney, and
their staffs in providing the required notice are hereby ratified and approved
SECTION 2. This resolution shall become effective immediately upon its passage and
approval at a regular meeting of the City Council of the City of Denton, Texas on this the
day of , 2013, at which meeting a quorum was present and the
meeting was held in accordance with the provisions of Texas Government Code §551 001, et seq
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C•
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:�
w
EXHIBIT A
ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS TOBY
SURVEY, ABSTRACT NUMBER 1285, AND THE JOHN DAVIS SURVEY, ABSTRACT NUMBER
326, BOTH IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT 1,
BLOCK 1, OF WESTPARK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET C, PAGE 127, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND
AT A CAPPED IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER OF SAID LOT
1, COMMON TO THE SOUTHEAST CORNER OF LOT 2A, BLOCK A, OF SAID WESTPARK
ADDITION, PHASE 2, ACCORDING TO THE PLAT THEREOF RECORDED IN COUNTY
CLERK'S FILE NUMBER 2012 -116, SAID PLAT RECORDS, AND IN THE NORTH RIGHT -OF-
WAY LINE OF FARM TO MARKET ROAD NUMBER 1515 (AIRPORT ROAD);
THENCE NORTH O1 DEGREES 00 MINUTES 41 SECONDS EAST WITH THE WEST LINE OF
SAID LOT I AND AN EAST LINE OF SAID LOT 2A, A DISTANCE OF 2082.39 FEET TO A
IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID LOT 1, COMMON
TO A RE- ENTRANT CORNER IN THE EAST LINE OF SAID LOT 2A;
THENCE SOUTH 88 DEGREES 53 MINUTES 27 SECONDS EAST WITH THE NORTH LINE OF
SAID LOT 1, AND A SOUTH LINE OF SAID LOT 2A PART OF THE WAY, AND PASSING EN
ROUTE AT A DISTANCE OF 77.28 FEET NEAR A '' /2 ", IRON ROD FOUND FOR WITNESS AT
THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, OF R.D. WELCH INTERCHANGE ADDITION,
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET Y, PAGE 619, SAID PLAT
RECORDS, AND CONTINUING ON SAID COURSE WITH THE SOUTH LINE OF SAID LOT 1 OF
R. D. WELCH INTERCHANGE ADDITION, AND PASSING EN ROUTE AT A DISTANCE OF
595.61 FEET A PK NAIL FOUND IN CONCRETE AT THE SOUTHEAST CORNER OF SAID LOT 1
OF R.D. WELCH INTERCHANGE ADDITION, COMMON TO THE SOUTHWEST CORNER OF
LOT 3 OF SAID WESTPARK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN
COUNTY CLERK'S FILE NO. 2012 -116, SAID PLAT RECORDS, AND THAT BEARS NORTH 18
DEGREES O1 MINUTES 31 SECONDS WEST A DISTANCE OF 11.37 FEET FROM A CAPPED ' /2 ",
IRON ROD FOUND FOR WITNESS, AND CONTINUING ON SAID COURSE WITH THE SOUTH
LINE OF SAID LOT 3, A TOTAL DISTANCE OF 1102.76 FEET TO A SQUARE '/2 ", IRON ROD
FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID LOT 1, COMMON TO THE
SOUTHEAST CORNER OF SAID LOT 3, AND IN THE WEST LINE OF LOT 1 -R, BLOCK A, OF
PETERBILT ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET U,
PAGE 369, SAID PLAT RECORDS;
THENCE SOUTH 01 DEGREES 05 MINUTES 16 SECONDS WEST WITH THE EAST LINE OF
SAID LOT 1 AND THE WEST LINE OF SAID LOT I -R, A DISTANCE OF 2074.68 FEET TO A ' /2"
IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 1, COMMON
TO THE SOUTHWEST CORNER OF SAID LOT I -R, AND IN THE NORTH RIGHT -OF -WAY LINE
OF SAID FARM TO MARKET ROAD NUMBER 1515;
THENCE NORTH 89 DEGREES 17 MINUTES 32 SECONDS WEST WITH THE SOUTH LINE OF
SAID LOT 1 AND WITH THE NORTH RIGHT -OF -WAY LINE OF SAID FARM TO MARKET
ROAD NUMBER 1515, A DISTANCE OF 1100.00 FEET TO THE PLACE OF BEGINNING AND
ENCLOSING 52.554 ACRES OF LAND MORE OR LESS.
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Kevin Gunn at 349 -8595
ACM: Bryan Langley i -A
SUBJECT
Consider adoption of an ordinance awarding a contract for the purchase of a Networked Video
Surveillance Camera System for the City of Denton Service Center and additional locations as
needed, as awarded by the State of Texas Department of Information Resources (DIR) through
the Go DIRect Program, Contract Number DIR -SDD -1722; providing for the expenditure of
funds therefor and providing an effective date (File 5233- awarded to Sigma STS 360, LLC in the
not -to- exceed amount of $221,307).
FILE INFORMATION
The City of Denton operates a robust video surveillance camera system in use since 2006,
enabling departments to monitor cameras, review archived camera footage, and pull video as
needed supporting departmental video usage guidelines. Overall, the video surveillance camera
system in use supports approximately 170 cameras for Police Department, Municipal Court
Room & Clerks, Airport, Customer Service, Technology Services, Facilities Management, Fleet
Services, Solid Waste, Beneficial Reuse, Libraries, Civic Center Pool, Civic Center, and City
Hall.
On June 4, 2013, the City Council approved and awarded a contract through the State of Texas
Department of Information Resources (DIR) through the Go Direct Program, Contract Number
DIR -SDD -1722 to STS 360, LLC in an amount not -to- exceed $332,756. This was for the
addition of security products at the City's Recreation Centers, Civic Center, Public Safety
Training facility, Municipal Courts, Landfill, and Denton County Transportation Authority
(DCTA) A Train Station. Additional surveillance camera needs have now been identified for the
City's Service Center complex. The estimated cost for this project is shown on Exhibit 1 as the
Service Center line item for future camera deployment. Staff also recommends including a
contingency amount of $100,000 for any additional locations that may be added during the
upcoming fiscal year.
Pricing obtained through the Go DIRect Program, Contract Number DIR -SDD -1722 is
discounted at 27.5% off the Manufacturer's Suggested Retail Price (MSRP). No local vendors
were identified that could meet the specifications to match the existing video surveillance
equipment.
Agenda Information Sheet
September 17, 2013
Page 2
RECOMMENDATION
Award a contract for the purchase of a Networked Video Surveillance Camera System for the
City of Denton Service Center and additional locations to Sigma STS 360, LLC in the total
amount not -to- exceed $221,307.
PRINCIPAL PLACE OF BUSINESS
Sigma STS 360 LLC
Plano, Texas
ESTIMATED SCHEDULE OF PROJECT
This contract, DIR -SDD -1722, will expire on October 13, 2013. The Department of Information
Resources has the option to renew for two (2) one -year renewal options through October 13,
2015 and is expected to renew this contract.
FISCAL INFORMATION
Funding for this agreement will follow the City of Denton's fiscal verification policy and will be
charged to the account number for the specific project.
EXHIBITS
Exhibit 1: Video Surveillance Camera System Expansion Requests
Respectfully submitted:
Chuck Springer, 349 -8260
Director of Finance
I -.CIS -File 5233
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ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A NETWORKED
VIDEO SURVEILLANCE CAMERA SYSTEM FOR THE CITY OF DENTON SERVICE
CENTER AND ADDITIONAL LOCATIONS AS NEEDED, AS AWARDED BY THE STATE OF
TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT
PROGRAM, CONTRACT NUMBER DIR -SDD -1722; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (FILE 5233- AWARDED TO
SIGMA STS 360, LLC IN THE NOT -TO- EXCEED AMOUNT OF $221,307).
WHEREAS, pursuant to Resolution 92 -019, the State of Texas 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 on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the State of Texas Department of Information Services Go Direct Program at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
N[_ M[ER VENDOR AMOUNT
5233 Sigma STS 360, LLC $221,307
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of
Texas Department of Information Services Go Direct Program for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents and
related documents filed with the State of Texas Department of Information Services Go Direct
Program, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the State of Texas Department of Information Services Go Direct
Program, the City Manager or his designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications and standards contained in the Proposal submitted to the
State of Texas Department of Information Services Go Direct Program, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IC
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3 -ORD -File 5233
Vurdiur du a Vu:d�ruffl
AGENDA INFORMATION SHEET
AGENDA DATE: September 17, 201:
DEPARTMENT: City Manager's Office
ACM: Bryan Langley ...
SUBJECT
Consider nominations /appointments to the City's Boards and Commissions.
BACKGROUND
Attached are the vacancies for Boards and Commissions that require nominations. Nominations
could be made and voted on at this meeting should the Council desire. Approval would be
contingent on completion of the confirmation process.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
09/17/2013
BOARD AND COMMISSION NOMINATIONS
Board Council Member Nomination
. ......... . . ......
........... ... ......
--to --mm 6 n,-itv Development AdvisortCmte. Gregory
Historic Landmark Commission Engelbrecht
All
Human Services Advisory Cmte. All
Au- —br� c A r —tC o - m-"m i t t e e Kamp
. . .........
Zoning Board of Adjustment Alternate 2
Alternate 3
R - Reappointment
N - New Nomination