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HomeMy WebLinkAboutAugust 05, 2014 AgendaTuesday, August 5, 2014 City of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 1:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 5, 2014 at 1:00 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: 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 August 5, 2014. 3. Work Session Reports A. ID 14 -0410 Receive a report, hold a discussion and give staff direction regarding an update on the Convention Center project. Attachments: Exhibit 1 - Convention Center Project - City Council Meeting - August 5 -2014 (2' B. ID 14 -0311 Receive a report, hold a discussion and give staff direction regarding nominations to the City's Boards and Commissions. Attachments: Exhibit 1 - Nominations Sheet C. DCA14 -0003 Receive a report, hold a discussion and give staff direction regarding amendments to Section 35.16 of the Denton Development Code, requiring developers to provide information regarding the proximity of gas wells through the subdivision and platting process. (DCA14 -0003) D. ID 14 -0393 Receive a report, hold a discussion and give staff direction regarding aesthetics related to the 35Express Project. Attachments: Exhibit 1 - July 28. 2014. Public Art Committee Notes E. ID 14 -0315 Receive a report, hold a discussion, and give staff direction on the wastewater collection system asset management program and the Water Environment Association of Texas 2014 Sidney Allison Award for Denton. Attachments: Exhibit 1 - Award Notification Letter - Sidney Allison -City of Denton Collection Sy: Exhibit 2 - Asset Management Program F. ID 14 -0370 Receive a report; hold a discussion, and give staff direction regarding the 2014 -15 Proposed Budget, Capital Improvement Program and Five -Year Financial Forecast. City ofDenton Page 1 Printed on 81112014 City Council Meeting Agenda August 5, 2014 Attachments: Exhibit 1 - FY 2014 -2015 Water Rate Ordinance Redline Exhibit 2 - F-T 2014-2015 Wastewater Rate Ordinance-Redline Exhibit 3 - FY 2014-2015 Solid Waste Recycling Red Line Rate Ordinance Exhibit 4 - FY 2014-2015 DME Electric Rate Ordinance Redline Exhibit 6 - F-T 2014-2015 Wastewater Rate Ordinance Exhibit 7 - FY 2014-2015 Solid Waste Recycling Rate Ordinance Exhibit 8 - FY 2014-2015 DME Electric Rate Ordinance 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. 1. Closed Meeting: A. ID 14 -0411 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 W. Roark Survey, Abstract No. 1087, J. Severe Survey, Abstract 1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey, Abstract No. 1343, all in Denton County, Texas, generally located along a line running west to east, commencing at U.S. Highway 377 adjacent to the Fort Worth Drive Substation and continuing to the west right of way line of F. M. 1830 City of Denton, Texas. 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. (Denton Municipal Electric Fort Worth TI Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) [ID 14 -0412] B. ID 14 -0391 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of certain real property interests located in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas, being a fee interest in land, regarding a certain 10.372 acre tract of land City ofDenton Page 2 Printed on 81112014 City Council Meeting Agenda August 5, 2014 located generally north of Blagg Road and east of Geesling Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines facilities, structures, and substations. Consultation with the City's attorneys regarding legal issues associated with the acquisition of land 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. (Denton Municipal Electric Arco Substation Project). C. ID 14 -0399 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive competitive public power information and competitive financial information from staff in the form of a proposed operating budget for Denton Municipal Electric ( "DME ") for FY 2014 -2015, including without limitation, revenues, expenses, commodity volumes, and commitments; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. D. ID 14 -0403 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 rule 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. E. ID 14 -0419 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the legal consequences of negotiation and extensions of non - annexation agreements in areas of the City's extraterritorial jurisdiction, and provide the City's attorneys with direction, 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 or legal proceedings. F. ID 14 -0420 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; City ofDenton Page 3 Printed on 81112014 City Council Meeting Agenda August 5, 2014 moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 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. GOV'T. CODE, §551.001, ET SEQ. (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: 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. ID 14 -0389 Presentation to the Denton Public Library from the Internal Revenue Service - Education and Communication Division. B. ID 14 -0283 National Health Center Week 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: A. ID 14 -0282 Receive a citizen report from Brian McCarter regarding the creation of a Zero Waste Team in Denton. B. ID 14 -0407 Receive a citizen report from Gerald DeMarsh regarding lack of response from the Denton Police Department. 4. 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 City ofDenton Page 4 Printed on 81112014 City Council Meeting Agenda August 5, 2014 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 — U). 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 — 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 Consent Agenda. A. ID 14 -0293 Consider adoption of an ordinance of the City of Denton, Texas, granting the Blues Festival a three -year exception, 2014, 2015, and 2016, to the limitations imposed by Section 17 -20 of the Code of Ordinances of the City of Denton, Texas, granting an increase from 70 to 75 dba loudspeaker amplification and increased hours for three consecutive years, that being: September 20, 2014, 1:00 p.m. until 10:30 p.m. and September 21, 2014, 1:00 p.m. until 8:30 p.m.; September 19, 2015, 1:00 p.m. until 10:30 p.m. and September 20, 2015, 1:00 p.m. until 8:30 p.m.; September 17, 2016, 1:00 p.m. until 10:30 p.m. and September 18, 2016, 1:00 p.m. until 8:30 p.m.; and setting an effective date. Staff recommends approval of the request. Attachments: Exhibit 1 - Letter of request Exhibit 2 - Ordinance B. ID 14 -0330 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $15,000 of in -kind services for the 16th Annual Blues Festival to be held in Quakertown Park on September 20 -21, 2014; and providing an effective date. Attachments: Exhibit 1 - In -Kind Services and Resources Exhbit 2 - Ordinance C. ID 14 -0401 Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Denton Blues Festival on September 20 -21, 2014, 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 recommend approving the request with a vote of 6 -0. Attachments: Exhibit 1 - Letter of Request Exhibit 2 - Excerpt of 7/7/14 Park Board Minutes Exhibit 3 - Proposed Ordinance & Argeement D. ID 14 -0317 Consider adoption of an ordinance of the City of Denton, Texas, approving an Amendment to the Project Plan for Tax Increment Finance Zone Number 1 (Downtown TIF) by adding examples of certain types of projects which may facilitate economic development, and providing an effective date. (The TIF Board No. 1 recommends approval 5 -0). Attachments: Exhibit 1 - Ordinance Exhibit 2 - Project Plan E. ID 14 -0368 Consider the re- appointment by the City Manager of Abraham Benavides to the Civil Service Commission. City ofDenton Page 5 Printed on 81112014 City Council Meeting Agenda August 5, 2014 Attachments: Exhibit 1 - Eenavides Do - 2014 F. ID 14 -0374 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston - Galveston Area Council of Governments (H -GAC) Cooperative Purchasing Program for the acquisition of one (1) Utility Crane Truck for the City of Denton Wastewater Treatment Department; and providing an effective date (File 5599- Purchase of one (1) Utility Crane Truck from Chastang Ford in the amount of $110,221). The Public Utilities Board recommends approval (6 -0). Attachments: Exhibit 1 - Quote Summary Exhibit 2 - Chastang Ford Quote Exhibit 3 - Minutes Exhibit 4 - Ordinance G. ID 14 -0376 Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement with the City of Krum under Section 791.001 of the State of Texas Government Code, to authorize the purchase and exchange of fire trucks between the City of Denton and City of Krum; authorizing the expenditure of funds therefor; and providing an effective date (File 5609 - Interlocal Agreement with the City of Krum). Attachments: Exhibit 1 - Ordinance Exhibit 2 - Interlocal Agreement H. ID 14 -0377 Consider adoption of an ordinance awarding a contract for the purchase of upgrade and maintenance services including equipment, for the Radio Communication System for the City of Denton Water Production department as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR -SDD -2060; providing for the expenditure of funds therefor and providing an effective date. (File 5598 awarded to Johnston Technical Services, Inc. in the three (3) year not -to- exceed amount of $150,000). The Public Utilities Board recommends approval (6 -0). Attachments: Exhibit 1 - Contract Pricing Exhibit 2 - Minutes Exhibit 3 - Ordinance Exhibit 4 - Contract L ID 14 -0378 Consider adoption of an ordinance authorizing the City Manager to execute an Interagency Agreement with the State of Texas Department of Information Resources /Communications Technology Services Division (DIR /CTS) under Section 791.001 of the State of Texas Government Code, to authorize the City of Denton to obtain connectivity services through the TEX -AN network for communication services; authorizing the expenditure of funds therefor; and providing an effective date (File 5585- Interagency Agreement with the Department of Information Resources /Communications Technology Services Division). Attachments: Exhibit 1 - Ordinance Exhibit 2- Service Agreement City ofDenton Page 6 Printed on 81112014 City Council Meeting Agenda August 5, 2014 I ID 14 -0379 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to enter into an interlocal agreement with the North Central Texas Council of Governments ( "NCTCOG ") for data collection on pedestrian and bicyclist travel in the region for the Metropolitan Transportation Plan; and providing an effective date (File 5600). Attachments: Exhibit 1 - Ordinance Exhibit 2 - Agreement K. ID 14 -0380 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a pre -cast concrete security screening fence at the City of Denton Pockrus and McKinney Substations and Linda McNatt Animal Care and Adoption Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5563- awarded to Walsh's Hawk Construction Co., LLC in the not -to- exceed amount of $868,607). The Public Utilities Board recommends approval (6 -0). Attachments: Exhibit 1 - Ranking Sheet Exhibit 2 - Pricing Sheet Exhibit 3 - Evaluation Sheet Exhibit 4 - Minutes Exhibit 5 - Ordinance L. ID 14 -0382 Consider adoption of an ordinance authorizing the City Manager to execute a three year Professional Services Agreement (PSA) with Coleman and Associates Land Surveying for ground surveying services for the City of Denton Landfill, and providing for an effective date (File 5571- Ground Surveying Services for City of Denton Landfill awarded to Coleman and Associates Land Surveying in an amount not to exceed $350,000). The Public Utilities Board recommends approval (6 -0). Attachments: Exhibit 1 - Minutes Exhibit 2 - Ordinance Exhibit 3 - Professional Services Agreement M. ID 14 -0383 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a Light - Structure Green Lighting System for Soccer Fields located at Mack Park, which are 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 5503 awarded to Musco Sports Lighting, LLC (Musco) in the amount of $147,131 of which $50,000 will be funded through a 2014 Fiscal Year United Soccer Federation Foundation Grant Agreement). Attachments: Exhibit 1 - Grant Agreement Exhibit 2 - Ordinance Exhibit 3 - USCCJ Purchase Agreement N. ID 14 -0384 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of Electric Utility Overhead Distribution Conductors for City ofDenton Page 7 Printed on 81112014 City Council Meeting Agenda August 5, 2014 Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (RFP 5543- awarded to HD Power Solutions in the three (3) year not -to- exceed amount of $1,000,000). Attachments: Exhibit 1 - Pricing Sheet ORWOM Exhibit 4 - Contract O. ID 14 -0385 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of concrete light poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5552- awarded to Techline, Inc. in the three (3) year not -to- exceed amount of $684,675). Attachments: Exhibit 1 - Ranking Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance Exhibit 4 - Contract P. ID 14 -0386 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of three (3) Dodge 5500 trucks for the City of Denton Traffic Control and Fire Departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 5569- awarded to the lowest responsible bidder meeting specification, Dallas Dodge, in the amount of $208,706.32). Attachments: Exhibit 1 - Bid Tabulation Exhibit 2 - Ordinance Q. ID 14 -0387 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for electric transmission line compression fittings for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5582- awarded to Techline, Inc. in the three (3) year not -to- exceed amount of $410,000). The Public Utilities Board recommends approval (6 -0). Attachments: Exhibit 1 - Ranking Sheet Exhibit 2 - Pricing Sheet Exhibit 3 - Minutes Exhibit 4 - Ordinance Exhibit 5 - Contract R. ID 14 -0388 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for electric utility transmission line conductor attachments and pole hardware for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5583- awarded to Stuart C. Irby Company in the three (3) year not -to- exceed amount of $620,000). The Public Utilities Board recommends approval (6 -0). City ofDenton Page 8 Printed on 81112014 City Council Meeting Agenda August 5, 2014 Attachments: Exhibit 1 - Ranking sheet Exhibit 2 - Pricing Sheet Exhibit 3 - Minutes Exhibit 4 - Ordinance Exhibit 5 - Contract S. ID 14 -0412 Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to an approximate 1.074 acre tract (the "Substation Tract ") located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an approximate 0.627 acre tract (the "Pump Station Tract ") located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and running to the west line of a tract of land owned by Connie M. Altemus, called 37.87 acres in deed recorded in Volume 901, Page 777, Deed Records, Denton County, Texas, (the "Altemus tract ") and (v) an approximate 1.793 acre temporary construction and access easement located generally east of the Fort Worth Drive Substation Addition and running to the west line of the Altemus Tract, contiguous with and adjacent to, along the northern line, of said electric utility and communication easement located generally east of the Ft. Worth Drive Substation Addition and running to the west line of the Altemus tract; for (A) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement, the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station Tract, the public use of a wet weather pump station and detention facility project (the "Hickory Creek Detention Facility "); authorizing the City Manager or his designee to make an offer to Burch Family Farms, Ltd. (the "Owner ") to purchase the property interests for the purchase price of Thirty Six Thousand Dollars and No Cents ($36,000.00), and other consideration, as prescribed in the Purchase Agreement, (the "Agreement ") as attached to the ordinance and made a part thereof, authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric Fort Worth TI Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) City ofDenton Page 9 Printed on 81112014 City Council Meeting Agenda August 5, 2014 Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance T. ID 14 -0413 Consider adoption of an ordinance providing authorization for and ratification of a License Agreement with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating a sanitary sewer line crossing the Northwest Denton Line northwest of Lakeview Blvd.; and providing an effective date. Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance and License Agreement U. ID 14 -0414 Consider adoption of an ordinance providing authorization for the City Manager or his designee to execute a Reimbursement Agreement with 4984 Partners, Ltd. for the purposes of 4984 Partners, Ltd. reimbursing the City for an annual license fee payable by the City to Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining, and operating a sanitary sewer line crossing the Northwest Denton Line northwest of Lakeview Blvd.; and providing an effective date. Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 14 -0312 Consider nominations /appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. Attachments: Exhibit 1 - Nominations Sheet B. ID 14 -0316 Consider appointment of board members for Tax Increment Financing Zone Number One (Downtown TIF). C. ID 14 -0429 Consider nominations /appointments to the City Economic Development Partnership Board. D. ID 14 -0395 Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 16, 2014, City Council public meeting agenda to adopt a 2014 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on August 19, 2014, and September 9, 2014 and calling a budget public hearing on the Fiscal Year 2014 -2015 Annual Program of Services of the City of Denton to be held on August 19, 2014; requiring publication of notices of the public hearings in accordance with the law; requiring the posting of the notices of the public hearings on the City's Internet website; requiring the posting of the notices on the City's public access channel; and providing an effective date. Attachments: Exhibit 1 - Tax Rate Resolution E. ID 14 -0423 Consider adoption of an ordinance ordering an election to be held in the City of City ofDenton Page 10 Printed on 81112014 City Council Meeting Agenda August 5, 2014 Denton, Texas, on November 4, 2014, to legalize the sale of all alcoholic beverages including mixed beverages; making findings; providing a repealer clause; providing a severability clause; providing for a penalty; and providing for publication and an effective date. Attachments: Exhibit 1 Ordinance 6. PUBLIC HEARINGS A. ID 14 -0295 Hold a public hearing concerning the $98.175 million Bond Election to be held on November 4, 2014, and project recommendations developed by the Citizens Bond Advisory Committee. Attachments: Exhibit 1 - Summary of Recommended Projects B. ZII -0018 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 4 (NR -4) zoning district classification and use designation to a Neighborhood Residential 6 (NR -6) zoning district classification and use designation, a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation; and a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, and further restricted by an overlay district; the area for zoning change encompasses 6.71 acres of land located at the northeast corner of McKinney Street and Jannie Street, in the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (The Planning and Zoning Commission recommends approval, 6 -0.) Attachments: Exhibit 1 Staff Analysis Exhibit 2 Aerial Map Exhibit 3 Existinq Zoning Map Exhibit 4 Proposed Zoning Map Exhibit 5 Future Land Use Map Exhibit 6 Land Use Analysis Exhibit 7 Letter From Applicant Exhibit 8 Proposed Concept Plan Exhibit 9 Notification -Ma Exhibit 10 Site Photos Exhibit 11 June 11, 2014 Draft Planning and Zoning Commission eetinq inut Exhibit 12 Ordinance C. S12 -0001 Continue a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow wrecker services and impound lots use on a property located in an Employment Center Industrial (EC -I) zoning and use district on approximately 1.3 acres. The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an City ofDenton Page 11 Printed on 81112014 City Council Meeting Agenda August 5, 2014 effective date. (S12 -0001) The Planning and Zoning Commission recommended approval of this request subject to conditions (6 -0). Attachments: Exhibit 1 - Request for Continuance Memo Exhibit 2 - Staff Report and Analysis Exhibit 4 -Zoning Map Exhibit 6 - Letter from Applicanj Exhibit r - SitM*Ian Exhibit 10 - Site Photos Exhibit 13 - Ordinance E. A14 -0001 Hold the first of two public hearings to consider the adoption of an ordinance of the City of Denton, Texas regarding the annexing 40.33 acres of land, more or less, generally located on the west side of Cooper Creek Road, approximately 800 feet south of Silver Dome Road and approximately 1,800 feet north of Mingo Road City ofDenton Page 12 Printed on 81112014 City Council Meeting Agenda August 5, 2014 more specifically described in Exhibits "A" and `B "; approving a service plan for the subject property and temporarily placing the property in the Rural Residential - 5 (RD -5) zoning district; providing for a correction of the City Map to include the annexed lands; providing for a savings clause and effective date. (A14 -0001) Attachments: Exhibit 1 - Staff Analvsis Exhibit 3 - Zoning Map Exhibit 4 - Future Land Use Map Exhibit 7 - Service Plan F. 513 -0006 Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (513 -0006) The Planning and Zoning Commission recommended approval of this request with overlay restrictions (5 -1). Attachments: Exhibit 1 - Staff Analysis Exhibit 2 - Site Location Exhibit 3 - Zoning Map Exhibit 4 - Future Land Use Map Exhibit 5 - Letter from Applicant Exhibit 6 - Notification Map and Responses Exhibit 7 - Site Plan Exhibit 8 - Landscape Plan Exhibit 9 - Building Elevation Exhibit 10 - Site Photos Exhibit 11 - June 11, 2014 P Z Meeting Minutes Exhibit 12 - Ordinance 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 8. CONCLUDING ITEMS City ofDenton Page 13 Printed on 81112014 City Council Meeting Agenda August 5, 2014 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 , 2014 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 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. City ofDenton Page 14 Printed on 81112014 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 1 N71" N File #: ID 14 -0410, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Jon Fortune Date: August 5, 2014 SUBJECT Receive a report, hold a discussion and give staff direction regarding an update on the Convention Center project. BACKGROUND On December 10, 2013, the City Council approved the Master Development Agreement (MDA) between the City, the University of North Texas (UNT), O'Reilly Hospitality Management, and O'Reilly Hotel Partners Denton (OHPD) to construct a convention center and convention center hotel. The approved MDA outlines the specific steps to implement the elements of the feasibility period that is described in the agreement. Per this direction from City Council, staff initiated the creation of the Tax Increment Financing District, presented the project to both the Denton Independent School District and Denton County to invite their participation in the project, worked with architects to create Design Development (DD) drawings, and has solicited construction proposals for the convention center. In addition to these required elements, staff has also made presentations at various public forums and has created an information video and website to keep the public informed about the project. In February and April of this year, staff provided the City Council an update on the project and sought direction regarding the design of the convention center. This was helpful in creating the Design Development drawings for a three level, 97,000 sq /ft convention center that would be large enough to accommodate conferences for up to 750 visitors and single day events for up to 2,000 attendees. Based on the feedback from City Council, the DD drawings were completed and a request for construction proposals was advertised in June with a submission deadline of June 30, 2014. We were pleased to have received responses from six firms, though the pricing responses for construction were higher than anticipated ranging from $24.5 million to $31.2 million. The MDA indicates that the City's financing contribution will not exceed $25 million. This includes total construction costs, furniture, equipment, design, and construction management. The project evaluation team consisting of representatives from OHM, UNT, and the City met and ranked all the proposals and selected Clark Contractors as the top firm to begin exclusive negotiations on final pricing, and to learn more about possible options to bring the construction cost down closer to expectations: approximately City of Denton Page 1 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0410, Version: 1 $18.5 million. Since that time, the project architects have met with Clark Contractors and have developed some design change options that have the potential to bring the construction estimates closer to expectations. The primary purpose of this briefing is to review these changes with the City Council and seek your feedback prior to finalizing the pricing negotiations. The most significant change would be the elimination of just over 20,000 sq /ft of space by changing the design from a three floor structure to a single floor structure. The benefit of this change is that going to a single story concept, and eliminating the need for stairways, space was reclaimed in such a way to preserve the initial capacity of the building as originally designed and presented to City Council in April. At approximately 75,000 sq /ft, the current design can still accommodate conferences for up to 750 visitors and single day events for up to 2,000 attendees. Representatives from OHM and the Geoffrey Butler (project architects) will be available at your Work Session to discuss the potential for this and other changes to help reduce the cost of the convention center and bring it closer to estimated expectations. Though staff has attached some before and after renderings of the design, a copy has also been provided to you under separate cover for your convenience. Following City Council direction, staff is prepared to finalize negotiations with Clark Construction and, if favorable pricing and terms can be reached, bring a guaranteed max price contract back to you for your approval as early as August 19. PRIOR ACTION /REVIEW (Council, Boards, Commissions) 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 (the Memorandum of Preliminary 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 on proposed project. September 2013 - City Council Work Session discussion and update on proposed project. October 2013 - City Council Work Session discussion and update on proposed project. November 19, 2013 - City Council Work Session discussion and review of development agreements. December 2, 2013 - Presentation of proposed project to joint City Council and DISD Board Trustees meeting. December 3, 2013 - Presentation of proposed project to Economic Development Partnership Board. City of Denton Page 2 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0410, Version: 1 December 3, 2013 - City Council Work Session discussion and review of development agreements. December 10, 2013 - The City Council approved the Master Development Agreement and related development and professional service documents. February 18, 2014 - Update on the process to design the Convention Center. April 15, 2014 - Update on the design of the Convention Center June 3, 2014 - City Council Work Session on the creation of a Tax Increment Reinvestment Zone June 17, 2014 - City Council consideration and approval of a Tax Increment Reinvestment Zone FISCAL INFORMATION The Convention Center, which will be owned by the City, is estimated to cost $25 Million and will be funded through the issuance of Certificates of Obligation Bonds. Project related revenue (Hotel Occupancy Taxes, TIRZ 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 1. PowerPoint Presentation Respectfully submitted: Jon Fortune Assistant City Manager City of Denton Page 3 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl U 0 L L i U i 0 i 0 U IlIzIt j RR m mm o Lli in mm o rr ........... . (7) LIJ Ir 0 LL UJI ✓ fi M1 is si ar "I V L._._._ _ ------- - --- --------- --- — ----------- ------- -- f----------- ----- --- - rr ........... . (7) LIJ Ir 0 LL UJI ✓ fi M1 is si ar ----------- o) L---------- ......... ----- -- ----- ----- --- - --------- - - -- ---- -------- Lu ._._._.._._._._._._._._._.mm EL V, ITT -------- Lu EL � §q bill! © � \ « O O ms w 00 LL Lee 10 10 1 1 1 1 g 5 5 ff u w cz 0 Q . . a x z z z z z z 7Z: ss .z f .2 > 0 S E 0 Uju m EL CD 0 0 L) U) > r1l w ui z LU z 0 F- z ui Z 0 U 7-7� . .j w F- 0 m Cl) LU U) < x w 0 z w LL -J) CO - 2 z m C14 0� w F- z ui C) z 0 F- z z 0 0 �Lj 0 m w W F- z w L) z 0 Z W z 0 L) 06 -i W 0 Cl) W F- M (1) Cl) W z 0 z Lij 0 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN", IN File #: ID 14 -0311, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley, Assistant City Manager Date: August 5, 2014 SUBJECT Receive a report, hold a discussion and give staff direction regarding nominations to the City's Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for board and commission positions. Any nominations made during the Work Session will be added to the list prior to consideration. Council will be voting on approval of these nominations at the regular meeting. Respectfully submitted: Jennifer Walters City Secretary EXHIBITS Exhibit 1 - Nominations Sheet City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Airport Advisory Board Engelbrecht Hawkins Gregory Watts Jim Clark R Animal Shelter Advisory Committee Roden Gary Steele (N) Ryan Cynthia Uber (N) Gregory Johnson Lisa Pieper N Community Development Advisory Crate. Engelbrecht Gregory Watts Mary Beth Cottingham (R) All All Health & Building Standards Commission Ryan Rod Reeves (R) Hawkins Rosanne Ciccia (R) Alternate Alternate Historic Landmark Commission Ryan Daniel Abasolo (N) Watts Deb Conte (R) All Human Services Advisory Committee Ryan Pamela Barnes (N) Hawkins James McDade (R) All Jane Upshaw (N) All Library Board Engelbrecht Hawkins Lauren Womack (R) Watts Alice Mankoff N Parks, Recreation & Beautification Board Ryan Engelbrecht Hawkins Paul Leslie II (R) Gregory Planning and Zoning Commission Engelbrecht Gregory Johnson Frank Dudowicz N Public Art Committee Engelbrecht Hawkins Victoria DeCuir (R) Watts Public Utilities Board Hawkins Randy Robinson (R) Watts John Gilmer N R - Reappointment N - New Nomination BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Traffic Safety Commission Roden John Murphy (R) Ryan Johnson Greg Price N Zoning Board of Adjustment Ryan Rick Baria (R) Gregory Alternate 2 Alternate 3 R - Reappointment N - New Nomination City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I EN" " N File #: DCA14 -0003, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Receive a report, hold a discussion and give staff direction regarding amendments to Section 35.16 of the Denton Development Code, requiring developers to provide information regarding the proximity of gas wells through the subdivision and platting process. (DCA14 -0003) BACKGROUND During the rezoning of the Kelso Tract in December of 2013, the City Council directed staff to look into ways to notify homeowners when they are purchasing a home that is within 1,200 feet of an existing or permitted gas well drilling and production site. Language was drafted and used in the rezoning of the Kelso property as well as several subsequent rezonings where residential lots were proposed within 1,200 feet of existing gas wells. Council also directed staff to look at requiring this notification City wide. Staff has spoken with developers, realtors, mortgage lenders, and title companies to identify any potential issues with these requirements. The language used in the individual rezoning cases has been amended slightly to be added to the Denton Development Code (DDC). The proposed amendments apply to regulations which govern all subdivisions proposed in proximity to gas wells, and to require a vicinity map showing gas wells on the plat. The notification requirement of gas wells within 1,200 feet emulates the setback of gas wells from existing residential homes. This is important due to the setback construction of a new home from an existing gas well, is only 250 feet. Several residential subdivisions have been built closer than 1,200 to existing or permitted gas wells. When these wells are drilled or subject to additional hydraulic fracturing, it causes a neighborhood nuisance. Many of these residents were unaware a gas well was in close proximity or did not think it would be subject to additional drilling or hydraulic fracturing. Requiring notification for gas wells within 1,200 feet allows buyers in the new residential developments to be aware of any gas well within 1,200 feet and the possibility that it may be drilled or subject to hydraulic fracturing in the future. In the public hearing for the Kelso tract on December 17, 2013, there were four options discussed to provide this notification. These options are presented below. Options A and B were adopted as part of the zoning ordinance. Options A and B were also adopted as part subsequent rezoning ordinances for properties with similar gas well proximity concerns. Options C and D were felt to be too burdensome to the developer and invasive to home builder business practices. City of Denton Page 1 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: DCA14 -0003, Version: 1 Option A. A note is inserted on the plat identifying gas well drilling and production sites. i. This option will run with the land but is unlikely to be seen by all homebuyers who may not be aware of the plat note. Option B. The location of gas well drilling and production sites are identified in the Covenants and Deed Restrictions of the Homeowner's Association (HOA). i. This would provide notice to homeowners that read the Covenants and Deed restrictions. The builder is required to provide these documents to the homebuyer by state law. This is more likely to be seen by the average homebuyer than a note on the plat but is not provided until closing and may be overlooked with all the other documents that are reviewed during closing. Also, this option does not guarantee all homebuyers will read these documents. There is a possibility the HOA could be dissolved and if so, this option would no longer be viable to notice any future homebuyers of the existence of the neighboring gas well sites. Option C. A separate notice is filed with the Denton County Clerk, noting the location of gas well drilling and production sites for all properties within 1,200 feet. This notice will appear within a title search in perpetuity for the subject property. i. This would be available to the homeowner at the time of closing as it appears in the title search. It would run with the property to ensure that every subsequent home owner is noticed in regards to the drilling sites. Based on conversations with the developer and real estate department, this could result in high risk for lenders which may result in higher interest rates for the homebuyer. In addition, many homeowners don't read the schedule B when closing on their homes. Option D. The location of gas well drilling and production sites are noted in the sales contract from the builder to first homeowner. i. This option would clearly notify the first purchaser of the home of drilling sites but would not notify future purchasers. The builder would be responsible for providing this notice. Requiring the future sellers to include the location of drilling sites in the sales contract is unadvisable as the City could not enforce this restriction and future homeowners may unknowingly omit this information when they resell the home. Anal To evaluate potential impacts of adopting options A and B city -wide, staff held a meeting with homebuilders and conducted phone interviews with local mortgage lenders and title companies. During the meeting most of the homebuilders and developers in attendance commented that they had been affected by this issue with one of the previously mentioned rezoning cases. It is there belief that the responsibility should be placed on the operator to notify the public via increased signage or other means. These developers had reflected on the issue and were prepared with comments and ideas. As a result, the conversation was productive and a number of concerns and alternatives were raised. A summary of concerns and suggestions from the development community is provided below: Developer Concerns: I . The responsibility should be on the gas well operator, not the residential developer. 2. There may be title or lending issues. City of Denton Page 2 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: DCA14 -0003, Version: 1 3. The 1,200 foot distance may not be appropriate. 4. Surveying the gas well would add extra cost. 5. Liability with including information on Gas Wells and not other potential nuisance uses in the vicinity, such as gas stations or industrial uses. Developer Potential Alternatives: 1. Large Signage on the gas well. 2. Mailers in utility bills to inform all current residents of the gas well website so they can find locations nearest them. Staff followed up the developer meeting by calling a number of local title and mortgage companies to identify any title or lending issues that may arise with plat notes regarding proximity to gas wells or notes in the HOA documents or deed restrictions regarding proximity to gas wells. Staff spoke to title lawyers and mortgage underwriters affiliated with First State Bank, Washington Federal, DATCU, Allegiance Title, Wells Fargo, Fairway, and others. The consensus was that notes identifying gas well locations would not affect title. Title is about establishing property boundaries and clear ownership so notes on surrounding uses would not be an issue. Mortgage underwriters were unsure what effect notes on gas well location may have on lending. Potential burdens in the loan process could be increased time to closing or increased fees to the consumer as underwriters verify potential impacts. Policies change frequently and vary by bank and type of loan. For example, according to one lender, FHA loans are not available to homes located within 300 feet of a gas well. One mortgage underwriter stated that these notes might have the effect of making newer homes in Denton more difficult to purchase than existing homes in Denton or homes in neighboring cities, as this regulation would only apply to new homes within Denton. All stated they were ultimately unsure how regulations requiring notes on the plat and HOA documents with regards to gas wells would be interpreted during underwriting. Staff also spoke to realtors with Keller Williams regarding their experience with selling homes near gas wells. Realtor's suggested providing realtor training on the City's gas well website and working with the Texas Realtor boards to amend TREC forms to include gas well notification within a certain distance. TREC forms are used statewide. Since these conversations with realtors Gas Well staff has held meetings with realtors to explain how to locate gas wells using the City website. Draft Language Currently, setbacks from gas wells are only applicable within City Limits. However, staff would like to provide notification to residents both within the City and within the Extra- Territorial Jurisdiction (ETJ) or the City. Thus the code amendment proposed is drafted to be a part of the Subchapter 16 of the DDC concerning Subdivisions. This is the only chapter of the DDC that applies to both City Limits and ETJ. State law permits platting and subdivision authority in the ETJ but not zoning regulations. Setbacks are a function of zoning and cannot be enforced in the ETJ, however, the city could require standard information on a plat, such as the location of existing gas wells. Gas wells are pertinent to platting as they are permanent fixture of the land. Even if the well is sealed and abandoned and no additional drilling can take place, there is still a permanent fixture where the wellhead was located and plugged. In addition, based on preliminary plats received for the Kelsoe and Button tracts which have these restrictions as a part of their zoning, staff added a gas well vicinity map requirement. This was found by developers and staff to be an effective way to communicate the location of the gas wells through the plat. Per the draft code language if there is a gas well within 1,200 feet a note would be added to all plats as well as a gas well location map. In addition, if the plat is a residential subdivision with single family homes, duplexes or townhomes a City of Denton Page 3 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: DCA14 -0003, Version: 1 note would also be required on either the HOA documents or deeds. The proposed code language is provided below: E. Gas wells within 1,200 feet. All subdivisions within 1,200 ft ofpermitted gas well sites are required to record the proximity ofgas wells through all of the following mechanisms: 1. A note and gas well vicinity map shall be placed on the plat identifying existing and permitted gas well pad sites within 1,200 feet. Said note shall also include a statement that advises lot purchasers the existence ofproducing wells, as well as the possibility that the wells may be re- drilled and /or re fracked in the future. 2. For single family, duplex, and townhome subdivisions, in addition to E.1 above, a note identifying the existing and permitted gas well pad sites within 1,200 feet and including a statement that advises lot purchasers the existence of producing wells, as well as the possibility that the wells may be re- drilled and /or re fracked in the future shall be included in: a. the subdivision's Declaration of Restrictive Covenants; or b. a restriction in the Deeds for all subdivision lots. OPTIONS 1. Direct staff to continue with the Code amendments with all options. 2. Direct staff to continue with the Code amendments with some of the options. RECOMMENDATION Staff recommends continuing with the Code amendments with all options as proposed. PRIOR ACTION /REVIEW (Council, Boards, Commissions) No Prior Action review. Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Director Prepared by: Michele Berry, AICP Associate Planner City of Denton Page 4 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I N71" N File #: ID 14 -0393, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation /Transportation CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Receive a report, hold a discussion and give staff direction regarding aesthetics related to the 35Express Proj ect. BACKGROUND As part of the July 15, 2014, City Council Work Session, staff briefed Council on preliminary design recommendations forwarded by the Public Art Committee for aesthetic enhancements to the North Texas Boulevard bridge. The North Texas Boulevard bridge is the only bridge structure in the City of Denton corridor to be reconstructed to the ultimate design as part of the current 35Express Phase I project. AGL, 35Express contractor, requested that the City of Denton provide formal input on three items impacting the proposed bridge design by August 11, 2014: 1. Texture of retaining wall 2. Design concept for retaining walls abutting through traffic, and 3. Whether any pedestrian or decorative lighting will be installed on the bridge deck The Public Art Committee met on July 28, 2014, and recommended (5 -0) to advance the design of a metal medallion approximately 18 feet in diameter. The design concept is graphically represented as Option A in the attached Exhibit 1. (This exhibit includes the primary recommendation and an alternate). The Public Art Committee's recommendation called for the medallion to have backlighting and that the design concept be placed on the abutment walls on both the north bound and south bound sides of traffic. Finally, the Public Art Committee agreed that because the art work will be a mounted metal medallion, rather than concrete impressions common in other bridge aesthetics, the Committee recommended the standard 35 Express corridor smooth texture would be acceptable. As part of the July 28, 2014, Public Art Committee presentation, staff indicated that UNT expressed an interest in the opportunity to place a similar medallion, representative of UNT, on the remaining two abutment walls. On July 9, 2014, the Public Art Committee recommended that only the City of Denton be represented by aesthetic treatments or art work on the abutment walls. The Public Art Committee did endorse UNT's desire to mount "UNT" signage on the North Texas Boulevard bridge rail facing both the north bound and south bound lanes of 35E traffic (Exhibit 2). Furthermore, the Public Art Committee indicated it may be more appropriate for UNT to participate in pedestrian lighting, sidewalk, guardrail barriers and general aesthetics improvements on the North Texas Boulevard bridge deck. City of Denton Page 1 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0393, Version: 1 UNT officials have requested that a pedestrian lighting component be added to the North Texas Boulevard bridge sidewalks providing pedestrian access from the north side of 35Express to the south side of 35Express. Staff is in agreement with UNT that pedestrian lighting will need to be added as a safety element to the bridge deck. UNT has indicated they would prefer to utilize their standardized light poles that include banner mounts and have committed to financially participate in the implementation of pedestrian lighting. AGL and TxDOT have requested that, along with texture and artwork preferences, the City communicate their lighting component preferences to the bridge to them by early August. OPTIONS 1. Approve conceptual graphic, Denton metal medallion, for two bridge abutments using Public Art Committee funds, not to exceed a total of $200,000, to fund treatments of the two bridge abutments. Approve UNT and Denton branding, back lighted signs, mounted on the North Texas Boulevard bridge railing facing north bound and south bound 35E traffic. 2. Approve conceptual graphic, Denton metal medallion, for two bridge abutments using Public Art Committee funds, not to exceed a total of $200,000, to fund treatments of the two bridge abutments. Approve UNT and Denton branding, back lighted signs, mounted on the North Texas Boulevard bridge railing facing north bound and south bound 35E traffic. Approve a pedestrian lighting component for the bridge deck and work with UNT on a financial partnership to implement pedestrian lighting. 3. Provide additional direction for conceptual graphics. RECOMMENDATION Public Art Committee recommends Option 1. Staff recommends Option 1. ESTIMATED SCHEDULE OF PROJECT TxDOT and AGL have requested that the City of Denton provide a response on design concepts and texture for the abutments as well as any lighting amenities that may be desired for North Texas Boulevard by August 11, 2014. Council direction will be incorporated into a letter from the City Manager's office to AGL and TxDOT officials and submitted no later than close of business on August 11, 2014. PRIOR ACTION /REVIEW (Council, Boards, Commissions) Informal Staff report titled IH -35E Corridor Aesthetics Master Plan and Design Guidelines dated August 26, 2011. September 6, 2011, Work Session regarding the IH35E Corridor Aesthetics Master Plan. Public Art Committee reviewed concepts as presented by Parsons Brinkerhoff at their July 9, 2014, meeting. Council Work Session, July 17, 2014, 35Express Aesthetic Concepts. July 28, 2014, Public Art Committee recommended Option 1, 5 -0. FISCAL INFORMATION A final budget has not been established. Enhancements to the TxDOT baseline treatments for 35Express are to be funded by local agencies. The Public Art Committee recommended that approximately $100,000 be made City of Denton Page 2 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0393, Version: 1 available for each of the two proposed medallions. EXHIBITS 1. July 28, 2014, Public Art Committee Meeting Notes 2. Identity Signage Respectfully submitted: John Cabrales, Jr. Assistant City Manager Prepared by: Emerson Vorel, Director of Parks and Recreation and Mark Nelson, Director of Transportation City of Denton Page 3 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit 1 Denton Public Art Committee Meeting Notes July 28, 2014 The Public Art Committee voted 5 -0 to recommend Option A, a smooth texture panel (TxDOT Standard), with metal graphic community identifier (medallion) of the Denton County Courthouse with the words "Denton, Texas" around the top of the medallion and "1857" around the lower portion of the medallion. The medallion would have backlighting as the other signage on the bridge. The same metal design will be used for the abutment walls on the north bound and the south bound sides of traffic. The Committee vote 4 -1 for Option B (shaded Courthouse) and requested information on the difference of the costs between A and B. Also, requested was to match the shaded color areas to the Denton County Courthouse. The Committee recommends that the imagines on the walls be a Denton icon. The words Denton should be in the middle of the overpass bridge to identify the City and agree that the letters "UNT" could be included on the bridge and separate from the Denton signage. The Committee recommends spending approximately $100,000 on each wall and saving the remaining balance for future aesthetic work on the I -35 project. (ID ❑❑ 0IIEQ] EII� 200 00 Option A Option B c 0 O I..I� 0 V z U F i e[ F EXHIBIT 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN", IN File #: ID 14 -0315, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Utility Administration ACM: Howard Martin DATE: August 5, 2014 SUBJECT Receive a report, hold a discussion, and give staff direction on the wastewater collection system asset management program and the Water Environment Association of Texas 2014 Sidney Allison Award for Denton. BACKGROUND City of Denton Wastewater Collection System Asset Management Program has been selected as the recipient of the Water Environment Association of Texas (WEAT) Sidney Allison Award for 2014. The Sidney L. Allison Award is given by WEAT to a person (or entity) that has made significant contributions to the engineering, science, and /or operation and maintenance of wastewater collection and pumping stations with the mission to transport wastewater to the treatment plant. The award was presented on Wednesday, April 16th during the Conference Awards Breakfast at Texas Water 2014 Conference in Dallas, Texas. Denton wastewater staff has been implementing step by step the asset management program for the wastewater collection system over several years. Staff has made presentations to the Public Utilities Board over the last several years on the progress of the implementation of this program. Staff has also presented the implementation of the asset management program in several regional as well as national conferences. It is gratifying to be nominated by our peers and then selected for the award. Exhibit 1 shows the Award Notification Letter from WEAT. Exhibit 2 shows the Denton Asset Management program document staff prepared for submittal to WEAT when Denton was nominated for the award. The document provides a summary of steps that the Denton staff has implemented in creating a cutting edge asset management program. PRIOR ACTION /REVIEW (Council, Boards, Commissions) Several presentations to the Public Utilities Board EXHIBITS 1. WEAT Award Notification Letter 2. Denton Asset Management Program document 3. Papers Presented Respectfully submitted: City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0315, Version: 1 P. S. Arora, P.E. Assistant Director Wastewater City of Denton Page 2 of 2 Printed on 8/1/2014 powo and by I ogiFfl ar nvl EXHIBIT 1 WEAT , 1825 Fort View Road Suite 102 - Austin, TX 78704 • 512.693.0060 • www.weat.org February 23, 2014 P. S. Arora, P.E. Assistant Director Wastewater City of Denton 901 Texas St, Ste A Denton, TX 76209 -4354 Subject: Water Environment Association of Texas Sidney Allison Award Dear Mr. Arora: It is my privilege and pleasure to notify you that the City of Denton Wastewater Collection System Asset Management Program has been selected as the recipient of the Water Environment Association of Texas Sidney Allison Award for 2014. The Sidney L. Allison Award is given by WEAT to a person (or entity) that has made significant contributions to the engineering, science, and /or operation and maintenance of wastewater collection and pumping stations with the mission to transport wastewater treatment plant. The award is to be presented on Wednesday April 16th during the Conference Awards Breakfast at Texas Water 2014 in Dallas, Texas. The Ceremony will be held at the Hilton Anatole in the Khmer ballroom between the hours of 8:00 AM and 9:OOAM. Doors will open at 7:30AM. It is our hope that you will be present during the breakfast to receive the award. Upon arrival at Texas Water 2014, please check in at the registration desk at the convention center and tell them you are receiving an award during the Conference Breakfast. They will give you and one guest name badges for admittance to both the Texas Water Exhibits and the Conference Awards Breakfast at no charge. In order for seats and name badges to be reserved for you, please confirm your attendance at the breakfast and whether or not you will be bringing a guest. If you find you cannot be present to accept your award, please let us know so the plaque can be forwarded to you. Please provide at least 3 photographs of your operation and staff, and a short one to two page write -up to accompany the publicity release by Wednesday, February 26. Photographs and your biography can be emailed as attachments. Congratulations! We look forward to seeing you in Dallas. Please feel free to contact me at 214 - 360 -9929 or Randy.L.Bush @mwh lobal.com if you have any questions or comments. Sincerely, �GiO*1� Randy Bush, P.E., PMP WEAT Awards Committee Co -Chair EXHIBIT 2 2014 WEAT Sic.-Jr)ey Mi � 0 FF ................ Contents lw, One -page Summary Uw, Description of the Denton Wastewater Collection System qN, History of Denton Wastewater Collection System qN, Current Denton Wastewater Collection System Uw, Development of the Asset Management Program Q, Early Beginnings with GIS Q, Computerized Maintenance Management Q, Computerized Hydraulic Modeling qN, Early Benefits of the Asset Management Program Uw, Enhancements to the Asset Management Program qN, Implementation of SCRAPS qN, Using SCRAPS to Prioritize Sewer Line Cleaning and CCTV qN, Tangible Benefits of Denton's Enhanced Asset Management Program qN, Stepping up from SCRAPS to CapPlan and InfoMaster Sewer qN, CMOM for Reducing Dry Weather Overflows qN, Using Satellite Imagery for Asset Management Uw, Division Staff Training for FY 2012 -13 Uw, Achievements of the Asset Management Program Uw, Sharing Knowledge with Other Utilities Uw, Key Wastewater Collection Division Management and Staff Uw, Letters of Recommendation qN, Denton Mayor Mark Burroughs qN, Denton Water Utilities Director Jim Coulter qN, Manager of Wastewater Collections Justin Diviney qN, Larry Patterson qN, Jim Forbes qN, Darryl Corbin Uw, Example Denton presentation at the 2012 EPA Region 6 CMOM Workshop u� az� II:; ;wuu�azu °u "'If'; )(as- W s µw µui^ Illlll µ fii ui S s µui Aspµ ui F µui µui III °Iui^ Fui^ ui m Suimimary The Sidney L. Allison Award is given to an indi- vidual or an entity who has made significant contri- butions to the engineering, science, and /or operation and maintenance of wastewater collection and pumping stations. The award honors Mr. Sidney L. Allison, former Head of the Sanitary Sewer Division of the City of Corpus Christi, who dedicated his life to improving the wastewater industry. The City of Denton Wastewater Collection Division meets the criteria for this award, both in spirit and in practice. The Wastewater Collection Division has been proactive and visionary in enhancing the oper- ation and maintenance of their wastewater sewers and lift stations. As detailed in the following pages, the hard work and dedication of the professionals at the Denton Wastewater Collection Division has improved both the environment in and around the City of Denton, as well as improving the general standing of the wastewater industry in Texas. In short, Denton's achievements are: Q, 1) Self- Reliance. The Wastewater Collection Division made a decision to re- invent itself. Division staff met with major wastewater utilities in Texas to learn what other agencies were doing. They scoured literature from EPA, WEE, WERE, and ASCE to identify best practices for managing collection system operations, maintenance, and rehabilitation. They then set about implementing those best practices in the City of Denton. Q, 2) Proactive Mind -Set. In the early 1990's, the Department embarked on a proactive in -house mission to develop and implement an Asset Management Program to manage the operation and investment in the City's sewer infrastructure. They conceived, created, and implemented a collection system Asset Management Program that best met their needs. After two decades of work, Denton now has one of the most advanced Collection System Asset Management Programs in the country. Q, 3) Outstanding Results. The results of the Asset Management Program speak for themselves: an 80 percent reduction in overflow incidents, a 99.5 percent reduction overflow volume since 2001, and better use of the City's scarce financial resources. Q, 4) Sharing with Others. Denton has been actively sharing information about their experiences and accomplishments with other utilities. As described herein, City staff regularly present at local and regional conferences to educate other industry professionals. The Wastewater Collection Division has also had many visits from other cities and utilities interested in learning about how to implement an effective asset management program. qN, 5) Support of WEAT. The City of Denton is an active supporter of WEAT and has seven current members. Their names and WEAT identification numbers are: uw. P.S. Arora 1607514 Uw, Justin Diviney 1783849 Uw, Rebecca (Becky) Diviney 1724176 Uw, Robert Barzano 1712348 uw. David Hunter 1780168 uw. Frank Payne 1651215 uw. William (Rusty) Willard 1628411 The City of Denton Wastewater Collection Division, including Assistant Director P. S. Arora, Collection System Manager Justin Diviney, Engineering Tech Manager Gary Myers, Wastewater Utilities Coordi- nator Tyler Dawson, Senior Engineer Jim Wilder, and Water Utilities Coordinator Joel Nickerson, should be recognized for their vision, hard work, and dedi- cation to improving the wastewater industry. u� azl II:; ;wuu�azu °u "'If'; )(as- W s µw µui^ Illlll µ fii ui S s µui Aspµ ui µui µui III °Iui^ ui^ ui m 0 Description of th IlDein'toin ' r IIIIIIII IIII IIII System History of Denton Wastewater Collection System The first sewer lines in Denton were constructed around the Court House square along Elm, Hickory and Oak Streets in the mid 1910's. The first major interceptor, the Pecan Creek Interceptor serving the core of the city, was constructed in 1925. Pipe material con- sisted mostly of vitrified clay and some concrete. An Imhoff Tank based wastewater treatment plant was constructed off Woodrow Lane across from the animal shelter. As flows increased, the wastewater plant was upgraded to a Trickling Filter plant and operated at this location until 1963. As the population contin- ued to grow, City purchased 18 acres of land from W. T. Evers off Mayhill Road in 1960. The trickling filter plant at Woodrow Lane was abandoned and the Pecan Creek Water Reclamation Plant was constructed in 1963, with 3 million gallons per day (mgd) average daily flow (ADF) capacity. The expansion of the wastewater collection system to bring flows to the new plant contin- ued with construction of the Cooper Creek Interceptor and Lift Station in 1963. Hickory Creek Interceptor and Lift Station were constructed in 1985. With the increases in flow the Pecan Creek plant has undergone expansions in the 80's, 90's, and most recently in 2001. Current Denton Wastewater Collection System City of Denton wastewater collection system currently consists of over 500 miles of sewer lines, 27 lift stations, and 2 treatment plants. It conveys over 15 million gallons average daily flow to the Pecan Creek Water Reclamation Plant which is permitted for 21 mgd ADE In addition, about 200,000 gallons per day is conveyed to the Robson Ranch Water Reclamation Plant which is permitted for 0.325 mgd ADE Including the private lateral lines from the customer premises to the wastewater main, the total system length is about 750 miles. Devellopment of the Asset Management IIII° Illi Illi IIII° l,w wrlll y III"u' gfirmni n rich GIS 'Ib I iroacdv6y innainage tNs ifinn oirtai nt ifinvestinneint ifi n ifi nfirastruxhxr , flie City off:. unto i n wastewater a epairtinneint I1ias IN.jiflllt a c6lllll cdoi n syst utm asset utmai nagei nei nt IIpir,ogiiraiinn step buy step over dinn . In the early 1990's, the ESRI GIS program was implemented to create an inventory of the col- lection system assets and create a geographical representation of the sewer lines and pipe sizes, lift stations, force mains etc. u� ;zf II: ;wuu�azu °u If; )(as- W si µw i µui^ Illlll µ ifii ui Sysi µuirn ys! µi ui µuirn µui i III °Iui^ ui^ ui m Oty of Denton ton a'l uit a ind Seweir Aireas Exhibit 1 shows a representation of the entire sewer system. Several lay- ers including aerial view, contours, floodplains, property lines, easements, right -of -ways, etc. can be added to the file to provide the user a detailed view for analysis and use. This infor- mation on the sewer system is also available on the City website and users can download the information for due diligence on their develop- ment projects, etc. In the last several years, the wastewater department has been using in -house GIS capability to GPS all manholes to provide a true representation of the entire wastewa- ter collection system. Computerized Maintenance Management A computerized maintenance management system (CMMS) was implemented in the late 1990's to bring Denton's collection system work order system into the digital age. The CMMS was used to begin the digital work order, to add the inventory of field condition assessments developed during sewer system evaluation surveys into the CMMS database, to log customer calls, etc. Every activity of the collection department is recorded as a work order in the CMMS. Exhibit 2 shows a snapshot of a work order from the CMMS program. In fall of 2012, the wastewater crews were issued laptops to begin input of work order information from the field, as well as have the most current sewer system information available in the field using wireless connectivity. Use of laptops in the field to input work orders has streamlined the work order system tremendously, as prior to this one person in the office input all of the work order data and that was creating a serious back log. Exhibit 3 shows a crew member using a laptop in the field. To further streamline the work order system, in 2013 the wastewater department developed an embedded program in the CMMS to automate the recognition of completion of a work order based on input data fields in a work order, and then proceed to close out the particular work order based on the input data if pre- defined rules are met. Remaining work orders are also flagged by this program for common problems to shorten staff's time spent on quality control. m u� ;z� II: ;wuu�azu °u If; )(as- W si µw i µui^ Illlll µ ifii m S si µuin sp µi ui µuimm µui i III ° °Iui^ ui^ uimm 0 uw m, mrrn Exhibit 2 Exhibit 4 Computerized II1 -lyd rau,ullliic Modelllii n In 1998, the wastewater department pur- chased the HydroWorks model, later upgraded to the InfoWorks computer model, for the collection system master planning and capac- ity assurance. The InfoWorks model is run in- house. The results from this model drive the 5 -year capital improvement programs for capacity assurance and the 10 -year impact fee CIP. The model is also used to determine the impact of large proposed developments on the collection system. Lastly, the model also drives the need for focused smoke testing and sewer line flow monitoring programs. Exhibit 4 shows screen images from the Info - Works model. IL; (as- Was,tew ieiiii^ C Illllltc,ti uim S ,teiiii m sp tai uim eui eiiiimit 114�'Iui^ ui^ ui m Early I Bei n efil of the Asset Management F)irogiraim The use of the InfoWorks model has allowed the wastewater department to determine the 5 -year peak wet weather flows in the collection system. During the 2001 Pecan Creek WRP plant expansion project, it was determined that the 5 -year peak flows could reach about 50 million gal- lons peak flow rate. The plant at that time had a peak raw wastewater pumping capacity of only 25 mgd. The plant expansion consultant was asked to evaluate the existing and proposed treat- ment units to evaluate the maximum 2 -hour peak flow treatment capability of the plant. The results of the 5 -year peak flow analysis are shown in Exhibit 5. The design 2 -hour peak flow was determined to be 46 mgd. A change order to the design contract was issued and another $1 million was added to enhance piping within the treatment units to carry 46 mgd flow during the 5 -year storm event. Even with a 2 -hour peak flow treatment capability of 46 mgd, the 5 -year peak flows exceed the treatment capacity of the plant. Using the InfoWorks model, wet weather storage basins (Exhibit 6) and peak flow pump station (Exhibit 7) were sized to handle the 5 -year wet weather event for the year 2030 conditions. Two basins were sized to handle the peak flows: a South seven million gallon basin and a West four million gallon basin. Posk 2,Ho.�, Flpw u� az� II:; ;wuu�azu °u "'If'; )(as- W s µw µui^ Illlll µ fii ui S s µui Aspµ ui µui µui III °Iui^ ui^ ui m 0 With the Illrrilplleirnieirata tioira of the IllrifoWWoirlk,, Irraarodell, the wa stewa tear delpa irtirnieirat has good amlrideirsta iraafulrig of a irid coiratlroll oveir wet weamklheir Qarveirit . II the coirriplIe lloIra of the ulrrilplraroveirnieirits k1eirifified amsGirig IlllaifoW alrllks IHmias reduced wet weather overflow aaaalllamlmies Iby 99.5 Iperceirm�a:. Hydraulic improvements to the plant process as well as wet weather storage basins were installed to handle the wet weather flows for 2030 conditions. With great success in reducing wet weather overflows, the wastewater department then needed to tackle the dry weather overflow incidents. This was a substantial task. Sewer lines, unlike water lines, do not tell you what is wrong with them. A water line announces its problems by water gushing out to the surface under pressure from a leak. No such luck with sewer lines. They are shy about announcing any problems they have. [)eiam'toirm staff scoured II IGraera't:ure Guam IEIFI a WWI IW, °tWlERIF, aairid ASCIE IkaamUlkaala:Goiris to Gialeiriaalmy the latest aadvaallaasars Goan taalslk111Gllrig diry weather aaaaermlllows. Staff also reviewed the recent advances in computer models related to prioritizing the waste- water collection system to identify candidate sewer lines needing rehabilitation. Based on the findings from that research, the Denton Wastewater Collection Division Denton embarked on a new series of enhancements to the asset management program. Enhancements the III III III' t 11�)iirogiiraiiim Implementation of SCIRAIPS The CMMS database implemented in the late 90's is now substantial and a great source of historical data on sewer system maintenance and repairs. We wanted to use this data to further enhance the collection system operations. With the knowledge contained in the CMMS data- base, it created the opportunity to implement the Water Environment Research Foundation (WERE) collection system prioritization system computer model SCRAPS (Sewer Catalogu- ing Retrieval And Prioritization System). The SCRAPS model was implemented in 2009. The SCRAPS model houses an "expert system" and given the user's input of existing pipeline data, the expert system uses the knowledge data base with its set of rules, to compute the probability that a pipeline may fail structurally, operationally, or hydraulically using Bayesian probability theory. A listing of input data and the sources city staff used is shown below; FI'iiillfso diaaul a cteil kfiics Iww Age: we used plat dates + staff experience + CMMS Iww Diameter & Material: we made a rule for unknown material based on install date and size + CMMS Iww Depth: from InfoWorks Model, CMMS, old SSES data. We now collect this during flushing and inspection. Vycfi aUl slia i a cteiµfkfiics Iww Hydraulic demand: from InfoWorks model Iww Surcharge frequency: from overflow reports in CMMS and InfoWorks Iww Slope: from depth info and GIS topography layer to determine manhole elevation F'I"iiillfso einAiroinii eint diaaulµa cteiµfkfiics Iww Quality attributes: pH, HzS, high temp: from Pretreatment program sampling and experience Soil type for corrosiveness: from NRCS soil maps Tree canopy for roots : UNT used satellite imagery to map Denton's canopy & CMMS F'I"iiillfso einAiroinii eint diaaulµa cteirf sfiics Iww Served areas: from GIS and experience Iww Vital services: hospitals, public safety, large commercial Iww High density: apartment buildings Iww Difficult repair: pipes under buildings, road and rail crossings a u� a;z� II: ;wuu�azu °u If; )(as- WysaskewsaWsµui^ olllllls c,tfouim Syskeiiii m Asp sµW asuimas mµui sµuimk III °aui ^om3ui ^asuimm 0 There are over 80 data points input for each pipe in the SCRAPS model. 11"he data akamtllaeidirig process was fillaaaaamlllaaamlkallle on ks own for hiruklia g out what you Iknow and akaain't Ilkinow.1rhk is wlNaarire we got staff process. Completing the data gathering task, and populating the SCRAPS database is an achievement on its own. You have electronic data at your finger tips and you can better manage your system. Exhibits 8, 9, and 10 show snapshots of the data gathered. s skein II','Njjlas II'..eilg lh by I[Naauaaa'ater 2' ", *2 a9, A4 �Ai fl 021, O V 441, Exhibit 10 Exhibit 8 Exhibit 9 Estimated Year Instal 19114 present 1964 .1980 1944 - 1,960 .. 1880 - '1940 Ell ul aazl II:; ;ITwuulazu °u "'If'; )(as- W astewsateiii, Illlllsµ'stlil uls Syst iiin As!!;et aslllsas sµ'Ill eiiist III °ail ^sa it ^aslllsm 0 Tani P*X Raatikad by INr d to f ari icR..., SCIIIAII�" S rea to Inspect zones olIm�a 2WO 0 � I III I'3zsfhn Cleanhig 'rlidorfffiizafloin Irzlrn e II' °I Illy scores � zrnllz..11zzzfiu�z Il�nzrre Il�nfi ", Il�neuµ zrreuµz ", '3zsfhn Cleanhig II''rlrfio lffiizafloin �r �r I yaar Cycle Red segments have choke history Exhibit 11 The data gathered was then used for the following analysis using the SCRAPS model: Uw, Probability of Failure: Based on pipe material, age, condition (from physical inspections, CCTV, smoke testing, etc.), identified defects including infiltration /inflow, soil types, water table and frequency of surcharge. Uw, Consequence of Failure: Relates to location _________________________ (major street, under railroad, across creek, Exhibit 12 high priority service customer like a hospital, etc.) repair cost if failure occurs, disruption to the public and economy, impairment of system operations, regulatory compliance, public health and safety, environmental impact. Uw, Ranking (Prioritization Score) = Consequence of Failure X Probability of Failure Usfing SCIRAIPSW Prioritize Sewe r IlLwil ne Cleaning and cc-iry Based on surrounding land use, estimated costs for reconstruction, and potential impacts to human ------------------ - - - - -- and environmental health, SCRAPS computes the Exhibit 13 probability that consequence of failure of any sewer segment may be high. Using Probability and Conse- quence of Failure analysis, the SCRAPS model then provides a numerical ranking from 0 to 100 for each pipe segment, highest being worst. Using this Ira irniklilrng, Denton has focused the use of availlabIle doll1lairs to eweir ,egirri lrnts Irn"nn.np;t in need of azttu.rlrntlin.nlrn, created anted a I year, year, and 10 year eweir Hine a:Ieazlrni ng Ipirr. gira irri, and initiated a'2 pirogira irn'n of CC V inspection of high rklYlln.' irity Hines. Exhibits 11, 12, 13, and 14 show results of Denton's SCRAPS model in tabular, graphical, and geographic form. Exhibit 14 Il II: ;ITauu azun If; )(as- W s µw iii, Illlll µ lil ul l S s iiin Aspµ a III a F µlll iii III °Iul^ Ful ^a 111 m Tangible Beinefils of Dentons Enhanced et Management F)irogiraim The success of Denton's O&M program is aptly illustrated by the sewer segment scores for each year in the histogram below. High risk segments were tagged for CCTV inspections, and based on the findings of the video inspection, then either the line was repaired to address observed defects or if the line was found to be in good condition, the condition score of the line was upgraded. Using the approach, the condition of sewer line segments has improved over time. As shown in Exhibits 15 and 16, SCRAPS Risk Scores dropped significantly from 2009 to 2011 after imple- mentation of the program. The scores shifted up in 2013 as we gathered more data to better assess each pipe's risk. In this regard this is a dynamic process as the pipe line data is continu- ally updated creating a more robust database and thus a more robust computer model. l Hstoii,y r f SCIIIA11i'S Need to hispectScores # of pines a rran 109 95 913 85 80 75 70 65 Exhibit 15 750 SDO HE a 60 55 50 yv t lr .y'.w;t l i stog rzllnn of SC ,,,'t Il.r 1Need to Ilunsllnezt Scores .9� p r Exhibit 16 The implementation of the SCRAPS model provided Denton with a great tool to prioritize the operation and maintenance aspect of the wastewater collection system. The implementation also allowed the collection system staff to be stakeholders during development of the model, understand the data input, and then confirm the results of the model from their own experi- ence of the system as well as CMMS data on history of sewer lines. Since implementation in 2009, the collections staff adopted and got comfortable with the use of the SCRAPS model. It became part of the standard operating procedure to include the SCRAPS ranking for analyzing any rehabilitation project on a sewer line. Illra the jou rlriey to furullll asset Irma iraargeirneirat of the a:oll1lea:tioira syst:eiiira Illmarlpllieimaieirrt:afioiri of the SCRAPS Imaroda:^JII a irid the a r6lllla:^arhoiri syst:a ini staff's gettfimig to a aroinifo t uatvell a irid theira a5da.rlr firig it ulra the da illy O&M of the ;y ,turn we ire aura, a t aa:hueveirrieirits, a irad a Ibig p;telp foir was rd towards frwll ll asset Irma iraa5geirrieirit. u r app II:; ;wu a aau "u .11,6 )(as -Was µwa µui^ Illlll µ fii ui l Sy s µui Aspµ tauimta µui m µuim III °aui^ ui ^taui m 0 Exhibit 17 Stepping upfirom S CR IPS , a lf)'Ian and InfolWaster Sewer Having created a digital warehouse of data for each sewer segment with SCRAPS, and the col- lection system staff's comfort level with the computer models, the next step was to launch into a fully computerized asset management program. The wastewater department purchased the CapPlan Sewer model in late 2011 and then upgraded in 2013 to InfoMaster Sewer. Denton now has a fully functioning asset management program for rehabilitation /reconstruction of sewer lines (Exhibit 17). Consequence Hydraulic Rehab Mof Contract Perfo rmance Defect Packaging Coding Consequence Rehab Mof Failure Seleo Probability of Failure InfoMaster Sewer is a complete decision support, asset management, and capital planning tool for sewer systems. InfoMaster Sewer seamlessly integrates GIS information, CCTV video, PACP (Pipeline Assessment Certification Program) condition databases based on CCTV, results of the hydraulic modeling of the collection system from Info Works model, Cityworks CMMS (Computerized Maintenance Management System) data, and other related informa- tion and then provides a complete program of prioritized CCTV, point repairs needed, rehab/ reconstruction needed for sewer lines, and cost for each activity using the city staff input unit cost values. The InfoMaster Sewer model has the capability to determine priority ranking of each sewer line in the wastewater collection system. However, Denton chose to use the priority ranking results of the SCRAPS model as this model was already implemented and tested by city staff 1r1he declilsliloalaa Iraaallk,lill ig lamaa air ix of r:lhk so ftwa ire was Wlsoa aImaaorlaaded Iby staff to ul tlllllilze the Indbulasraaaorss and doarlrbtlh of wastewa t Ir ;y;,toarlrn data a lllraaaa dy co lllla, cted in the Cityworolrlks CdVldV S, the SCIFi/klf "S input data, , and coll1lection systern a,I,IP:t knowIledge i rororn con on Ira ages and operations. ns,. A snapshot of the decision matrix as amended and adopted to Denton needs is shown in Exhibit 18. ul r aul II:; ;wuulauu "u "'If'; )(as - W ackcµwakcµui^ Coclllllceckfcuim Syskcµuin As!!;ek I zauimza zµuineiiiimt III °aui ^c ui ^zauin i STAR IExhibit 18 scRaas g5 100 scone tl s—Ps 80-85 SCORE <80� ra Y The InfoMaster Sewer model results for the entire collection system are shown in Exhibits 19 and 20, in graphical and tabular form respectively. The model results provide a ranking of each sewer pipe, CCTV priority, point repairs needed, and replacement /rehabilitation needed for the entire Collection system. The results provide an estimated cost for each task and thus a road - map for creating operation and maintenance budget for the entire existing Collection system. "11I III a llllowed ICDeiritoiri to Irraove away ilroirri the 50 year aka Irblra, da tioiri Irrauartlhod of da.vellrrolpirig a Irellia lb/ uacoiristiructioiri I to a iulIlly coirralrbu teiruzed, Irblr oirity lra irilked s ,turn of ire Ilia b /Iru coiristiructioiri„ Iru sullt IIIrig IIIr1 substairitiall d::1.'1.st sa'"1virlgs. The Exhibit 21 shows the revenue funded replacement dollars needed based on a 50 -year life cycle of sewer lines. Over a 10 -year period, the 50 -year depreciation method results in rehabili- tation dollar projections of $43 million. Comparing this to the results of the InfoMaster Sewer model in Exhibit 22, the InfoMaster Sewer model results show rehabilitation dollar projections of $22 million resulting in savings of $21 million over a 10 year period. These are significant savings for the wastewater collection system customers of Denton. u� raze II:; ;wuu�azu °u "'If'; )(as- Wastewateui^ Colllllleetfiouim Systeuiam sp et anima eui meuimt III °Iui ^o ui ^aui m 0 Exhibit 19 ------------------------------------ Exhibit 20 hnfoMasteir IIesWts 7'. , CA, 19 . II i X2/2/20'13 01 m ""r ovsno a 01yo wk" vlw%mm, SON*.A;� + VIwj . A� Wo MWO 0014 4,110 MA 0 ON ( tV TA . . . ....... . 0 MM yj Npkfo, rmsd)"� WA"4 , Wjo No 0 MINX iis 421Jvoacsio "P MeAdom cl OW40 NAKINNAN "04A 0 Qum 51 0 jw� 6 3j 06 XJ -S ON 11 21$ 6111144 dadM fa� A wmuwww 7wr N,mrnw 7p If6)(as-Was,tewa,teiii,CoIlllllec,tfii oiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiil'tIII °Iiii,ogiii,aiiin m ""r ovsno a 01yo wk" vlw%mm, SON*.A;� + VIwj . A� Wo MWO 0014 4,110 MA 0 ON ( tV TA IN 0 MM yj Npkfo, rmsd)"� WA"4 , Wjo No 0 MINX iis 421Jvoacsio "P MeAdom cl OW40 NAKINNAN "04A 0 Qum ZV 'CAN 0,1 M Q CIV�V$ NPA~ C2 pa, ., $Mmwp - No . No R44WONINW040HN 0 A 0XV , j N&A'Am ", 110A IN; No 0 am i2a, Mc)),XA M 0M No k"No rmoo§,"M SoNwa:, - [WW 0 loo OPUM POWMA NAM A 0 0 010A ;Cjlo 1=0 03, W M.00M f. �M.WN^w UAN"A $M Me M444*4 O149A PANA 0 IOw N*Yk*. WAV Cr ;MWQ(kWM'M ^NA"A MokAw IN 10 WK, (80CMILBUISIA M.Ad— RA WK WN 44 W"1444 0 ago NpaN CS0410CROM WAKow ri MAw ancso n4 "w"(p""wo wy am au a W r q.N64m N r" AN 49 Y 001 UST MAO M CC A I VW Wktw, wo,*�MW. %,400*4 1- "M 4* No N*0440 NAN KAN* 0 W" NJ MQ#A(CQ4XN ........ . . ........... . IM oft" offim "v olo CCA2 o f orTv vnpw, row4*a0dw4wA wokva IRIN ON140 ON "44 OIN N-V 1 W 21A 9 'Cr4a"WrLA201% LclvnpkF M IN I Foowio SoNt"A , 0WI'O'Yft WX =14 ,MAUZZU',040 CCTV P m Ow t"06 om"4 P- 04 4N lo. WN 44AN494A ""f0v I ok MW !Icc ouwu cr-A,24!0 1k, dvftA t. Wr.� o"I M 40 " 40 le-WeV'r 0 106J M No". a amp wmwA 0 oam ............. Smvwuwg sIoveplopwtuo"I" - C*%Mwowt RawbMm-aw- Q, Fw W �K, Isol 0 jw� 6 3j 06 XJ -S ON 11 21$ 6111144 dadM fa� A wmuwww 7wr N,mrnw 7p If6)(as-Was,tewa,teiii,CoIlllllec,tfii oiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiil'tIII °Iiii,ogiii,aiiin Gravity 4 502 2,008 $13.38 $ 26,867.04 50 years $537.34 6 450,990 2,705,940 $13.38 $36,205,477.20 50 years $724,109.54 8 1,314,765 10,518,120 $13.38 $140,732,445.60 50 years $2,814,648.91 10 254,709 2,547,090 $13.38 $34,080,064.20 50 years $681,601.28 2,020,966 15,773,158 $ 21 1,044,854.04 $ 4,220,897.08 Force Main 2 3 4 6 8 10 Total Collectors 4,172 8,344 6,373 19,119 14,071 56,284 22,910 137,460 13,469 107,752 19,615 196,150 80,610 525,109 2,101,576 $16,298,267 $10.05 $10.05 $10.05 $10.05 $10.05 $10.05 216,322,199.49 Exhibit 21 $83,857.20 $192,145.95 $565,654.20 $1,381,473.00 $1,082,907.60 $1,971,307.50 $5,277,345.45 $216,322,199.49 50 years 50 years 50 years 50 years 50 years 50 years IlnfoMast it Recommended ded and Planned Rehab ab Acdons Planned Replace $ 15,5000.000 Replace based on existing CCTV $ 3,708,756 Replace based on CCTV P1 Performance - Estimated $ 164,974 Replace based on CCTV P2 Performance - Estimated $ 924,719 Replace based on CCTV P3 Performance - Estimated $ 507,187 Replace based on CCTV P4 Performance - Estimated $ 1,358,014 Replace based on CCTV P5 Performance - Estimated - -- Condition -Based Replacement Total $ 22,163,650 Exhibit 22 $1,677.14 $ 3,842.92 $ 11,313.08 $ 27,629.46 $ 21,658.15 $ 39,426.15 $105,546.91 $4,326,443.99 i ul az� II:; ;wuulazu °u "'If'; )(as- W s µ µii^ Illlll µ fii ui S s µii m Aspµ iii µii eiim III° °Iii^ ii^ ii m In addition to the implementation of the fully computerized asset management program described above, Denton also completed a CMOM Self Audit in 2012 using a consultant. The recommendations of the CMOM Self Audit have been already implemented. Given Denton's success in controlling wet weather overflows, the challenge then shifted to reducing the number of dry weather overflows. The regulatory agencies are keen on the "number of overflow incidents ". Staff has therefore worked in the last several years to reduce the number of the dry weather incidents. The preventive measures taken to achieve this are briefly described below. L Sirndke Fpstiiiiun Uw, Smoke testing is done to locate any illicit storm water connections to the sewer system, broken cleanouts, leaky private and public sewers, and broken /missing manhole covers etc. This activity then locates these defects, and rehabilitation of these defects reduces the storm water induced inflow /infiltration into the collection system. The CMOM document requires smoke testing of the entire Collection system every 10 years. With the current rate of about 300,000 feet of sewer line smoke testing each summer, the CMOM requirement is met in less than 10 years. A summary result of the 2013 summer smoke testing is included in Exhibit 23. Soon after the defects are identified, a two person collection system crew follows the smoke testing crew to correct the deficiencies. S uuu urmm urmm ur 2013 Silmoke III'" est lResults - Defects r-,���� ,��� ® .. 45 53 98 Manhole Frame /Cover 43 50 Manhole Structure 2 0 Grease Traps 2 Sample Well 7 EOL Caps Exhibit 23 2 0 2120=2201= 7 137 144 Cap/Collar 2 55 Cap /Collar /Can 38 Plugs 4 28 EOL Cleanout 1 1uµ q 1 1 Grand Total 52 191 243 Total Percentage of Defects Fixed = 78.6% • Total Footage Smoked for Summer 2013 = 291,781 LF 2. Cm llllllllecfliioin Systeirn CIlllm aiurfoiiiun Uw, Based on results from other cities, and from Denton, it is becoming established that the single most effective preventive maintenance task to reduce overflows and especially dry weather overflows is sewer line cleaning. In Denton, based on the results of the SCRAPS model, a 1 -year, 5 -year, and a 10 -year cleaning cycle for the collection system has been established based on the priority ranking of the sewer lines. The higher the priority ranking, the shorter the time for the cleaning cycle. This ranking system provides the most prudent use of the cleaning dollars. The aggregate sewer line cleaning footage would result in the sum total length of the entire collection system cleaned in about 6 years, with higher priority lines getting cleaned more than once during this period. Exhibit 24 shows our cleaning fleet. Exhibit 25 shows a management tool used to track cleaned footage against annual goals. IL; (as - Was,tewa,teui^ Co"c lllllecmtiioiiiim S ,teiiii sp cam M uim euicmeuimmt 114�'Iui ^o ui^ uicm 0 O MAO Exhibit 25 MAO Q W1/'rw 115'11.^ " 047 flR/Y /7O" 01'20u 21AI2019 3TdddTU VnA OU 51VIO13 6�tj2M 7W2Y7 J B,eOPOIU Wlld2013 P 111 'Ills ylsGiuim l�'IIIuimGiuim . lour °uruiui�� a . Closed C it uit IN lliunsll l°oiioin (CC 11 ) Uw, Unlike water lines that are always under pressure and quickly show a leak, sewer lines flow under gravity and any defects in the sewer line are not evident from the surface. So a camera is pulled through the sewer line to evaluate its condition. CCTV is an expensive process. Therefore, in Denton we have been on the forefront in implementing cutting - edge computer models to prioritize the collection system and thus prioritize the CCTV needs. The InfoMaster model prioritization results drive the CCTV effort. Priority levels are established for each and every pipe in the sewer system. Higher priority lines are then CCTV'ed and the results then determine the need for rehabilitation of the particular sewer line. 4. Giirr ease ll "uira Illiunslpectiioin Uw, We have made significant strides in the inspection of grease traps since hiring of a full time grease trap inspector and implementing a full service database program for grease traps. There are 600 known grease traps in the city. So a 200 grease trap per year inspection goal was established. In FY2012, 199 grease traps were inspected along with 26 notices of deficiency /violation issued. In FY2013, 295 grease traps have been inspected to date, and 97 notices of deficiency /violation have been issued. In addition a lot of time and material has been used in the community, restaurants, and apartments to educate about proper disposal of grease. u II:; ;wuu a5u °u If6)(as-Was,tewa,teiii,CoIII IIIµ fii ui S s µui Asp µ l ui µui µui III °Iui^ ui^ ui m 0 Exhibit 26 Usfing Satellite hmagery-for Asset Management In addition to the above maintenance activities, root treatment, degreasing of sewer lines in high grease prone areas, and pump station and air release valve maintenance are regularly con- ducted. The root treatment sewer line candidates were determined in concert with the University of North Texas (UNT) Geography department. City staff worked with UNT in using satellite imagery to determine tree canopy over the wastewater service area. Then the sewer system layer was imposed on the tree canopy layer. Using satellite imagery data, the sewer lines affected by high density tree canopy were identified. This data was then screened based on sewer line choke information from the CMMS, and site visits. Based on this information, a new sewer line root treatment program was developed and implemented. A portion of the Root Risk map is shown in Exhibit 26. High grease prone areas are close to restaurants and apartments etc. Using sewer line choke history due to grease problems in these areas, a grease prone sewer line map was developed from the GIS. This map is used by one of the flushing trucks to regularly degrease these sewer lines. The air release valves on each force main were located by in -house GPS and this map was then provided to the wastewater treatment department for regular maintenance of the air release valves. Seweur Maiiums at III'iGisl lour IFloot Illintiirusii in U eurlllay ed with ree Cainqay uu az� II:;;wuu�;zuu "'If'; )(as -W s ew eiii, Illllle fii a SSs eu spinµ a geiiin iii III °Iu ^tuSu^ u m 0 I Division Staff nraliflinlifling for 1IFY 2012 13 Basic Wastewater Operations Basic Water Operations City of Denton New Employee Orientation Cityworks Server Confined Space Technician CPR & First Aid Managing Your Stress Mediation Training Pump & Motor Maintenance Rail Corridor Training Safety Training Meetings Sewer Cleaner Equipment Operations & Maintenance Training Reclaimed Water Health Risks & Hygiene Training Water Utility Safety Trench Rescue Technician Wastewater Safety Video Training for New Employees Water Distribution Operations Work Zone Traffic Control & Qualified Flagger Total Training Hours 60 20 168 136 760 72 4 As part of the Denton Wastewater Col - 40 lection Division's goal of enhancing its effectiveness, operational staff receive 220 extensive training in a variety of areas. 42 The table shows the staff training for 108 the Division's operating staff in fiscal 35 year 2012 -2013. 19 120 600 56 20 80 2,560 Achievement the iii iiirm iii ' I11� iir iiir iiirm So how have all of these asset management and O&M activities affected the sewer system per- formance? Exhibit 27 shows the sewer choke history. A steeply downward sloping line shows the signifi- cant drop in both resulting in better customer service and satisfaction with service rendered. Exhibits 28 and 29 show sewer overflow volumes by year, the number of overflow incidents by year, and the number of overflow incidents per 100 miles of sewer line per year. All these exhib- its show great success in reducing the number of choke calls, overflow volume, and overflow counts. Ot1 irea t Giiaaterest is the 2013 year-to-date inumbeir aatoverflows per mo inaGillle imnaartanGis. inhidis dhows a vallhAe of 2.56 overflows plows Ipa:^in 100 imi llle as of [)eceinibeir 13, 2013, ireduced tinaaimna 16.99 s aaaaa: r plows Ipa:^in 100 imi llle ki 2001. If this were to continue at this rate this year, the Denton system will be among the best in controlling the number of overflow incidents, as a value of 3 -4 is being touted for high func- tioning sewer systems. ui a;zi II: ;wuuiazu °u If; )(as- Wsastewsatsµui^ Collllllsectfiouim Systsµui Asp sµt Mauimageiiiim eiiiimt III °aui ^ogii ^auimm 0 S w ur Maiium Ch ll4t s S ur Year The Denton Wastewater Collection System Asset Management Program allows for more focused use of scarce dollars through the use of prioritized operation and maintenance and decision making for rehab /replacement using CCTV data, probability of failure, and consequence of failure. Den- ton has achieved a reduction of wet weather overflow volume by 99.5 per- cent since 2001, a dramatic reduction in dry weather overflow incidents, and reduced costs. umumuwuaul V&Vnie of SSMs wawantl'a�s Gnn•M.. %%Ovwau_Va:A ��xr rosu A.4,C '&w a6,aaapau NPOOM I;W}"i9, ON Exhibit 28 Bll, ✓Gtl wn my wm a Ovei^fIII w V6 tjluri (P III) ,ro�roro,broro b4fAM.M A'�tUrofA,w✓x ror 1uM rro i1bit 29 Cotti"u of Mv urflll ws uu aG� II:; ;wuu�;zuu If'; )(as- W s ew ro'u^ IIIIIIec,tf a Sys,teu s!! ;e M um S iiine'u III °Iu ^tuSu^ u m 0 Sharing Knowledge II iiiitII III it iiii IIII 1111 iiii The City of Denton Wastewater Collection Division has made substantial efforts to share their experience and knowledge with other utilities. Denton staff have had many visits from other Texas cities and utilities interested in learning about how to implement an effective collection system asset management program. Division staff have also been active in presenting on asset management at local and regional conferences. The following list shows recent presentations made at industry conferences. Uw, The 4M's of Collection Systems Management, January 2011 "Using SCRAPS to Prioritize Collection System Maintenance & Rehabilitation" presented by P. S. Arora, P.E., Assistant Director Wastewater, City of Denton Uw, U.S. Environmental Protection Agency Region 6: Capacity, Management, Operation & Maintenance (CMOM) Workshop, August 11 -12, 2011, Austin, Texas "Using SCRAPS to Prioritize Collection System Maintenance & Rehabilitation" presented by P. S. Arora, P.E., Assistant Director Wastewater, City of Denton Uw, Water Environment Federation Webinar February 15, 2012, Computerized Maintenance Management System (CMMS) - If I Knew Then What I Know Now, "Using CMMS Data to Prioritize Collection System Maintenance and Rehabilitation" presented by P. S. Arora, P.E., Assistant Director Wastewater, City of Denton Uw, U.S. Environmental Protection Agency Region 6: Capacity, Management, Operation & Maintenance (CMOM) Workshop, August 20 -21, 2012, Austin, Texas "Implementation of an Asset Management Software for Proactive Management and Optimization of the Collection System Rehabilitation and Renewal Program" Uw, Texas Water 2014 Conference (Abstract accepted by WEAT) "City of Denton wastewater collection system asset management program provides cost savings and prioritized approach for O&M and rehabilitation" The 2012 presentation "Implementation of an Asset Management Software for Proactive Man- agement and Optimization of the Collection System Rehabilitation and Renewal Program" at the U.S. EPA Region 6 CMOM Workshop is attached at the end of this nomination package. u� az� II:; ;wuu�azu "u .11, )(as- Wastewatsµui^ Illlllsectfii ui Systsµuism sp sµt Tsui ageiiiis eiiii t III °Iui ^oFui ^auism 0 IKey Wastewater Collection Division Management aind Staff Assustant Urector .Justin Diviney CoHectbn System Manager Gary Myer. , EngMee&g Tech Manager .Joel Nickerson Water UtHffies CoordMator Tyler Dawson Wastewater UtHffies CoordMator Arn Wilder, P.E. SeNor EngMeer If6)(as-Was,tewa,teiii,CoIlllll ec,tfii oiiii Sys 'teiiinAs!!;e,tMaiiiiageiiineiiii'tIII °Iiii,ogiii,aiiin I etteirs of I iii iii iii sill iii u� az� II:; ;wuu�azu °u "'If'; )(as- W s µ µui^ Illlll µ fii ui S s µui Aspµ ui µui µui III °Iui^ ui^ ui m January 14, 2014 Ms. Kini Chanslor WEATAwards Committee Chair CDM Smith 3050 Post Oak Blvd llouston,Texas 77'056 Re: Letter of'Recortirnendation tbr tile Sidney L Allison Award Dear Ms. Chanslor: It is my honor to recommend the City of Denton Wastewater Collection System Asset Management Program for the Water Environnient Association ot"Texas Sidney 1.,, Allison Award. As the Mayor ofthe City of Denton, I arn very much concerned with protecting the quality of file of our 120,000 residents. J'o me, Denton is the perfect place to raise a family Nvith outstanding cultural, educational, and recreational resources. I am very Proud of tile, dedicated professionals in the City of Denton Wastewater Collection Division who, have protected the public health and the environment throughout Denton with their Asset Management Program. I have 20 years ofcontinuous connnunity service in and for Denton, serving as Councilman At Large fi-om 1999 to 200�4 and Mayor since 2008. 1 am an active member in numerous, organi2.,,ations and committees that serve the citizens of Denton and Norlh,rexas, including air quality and environmental protection, In those capacities, I am very Iarnifiar with the work of tile City of" Denton Water Utilities in delivering water, wastewater, and drainage services with exceptional customer service and environmental stewardship. 'file Water Utilities Department has the challenge ofserving a community with one of the fastest growing populafions in the United States and with over 500 miles of sewer lines that in some cases date back to the mid 1910's. In the early 1990's, the Department embarked oil a proactive in-house mission to develop and implement art Asset Management Program to better manage the operation and investment in tile City's sewer infrastructure. As a result of the Wastewater Collection Division's efrorts, Denton now has one ofthe most advanced Collection System Asset Management Programs in the country. It allows for a more, focused use ot'scarce dollars for prioritized operation and maintenance, as well as needed rehabilitation and replacement of old sewer lines. The results www.city0fdenton.com If6)(as-Wa stew a,teiii,Collllllec,tfioiiiiSys,teiiinAs!!;e,tM anima geiiineiiil'tIII ° °Iiii,ogiii,aiiin speak for themselves: an 80 percent reduction in overflow incidents, a 99.5 percent reduction overflow volume since 2001, and substantial cost savings. Too often, cities are criticized for being reactionary. The City of Denton Wastewater Collection Division has been proactive and visionary in enhancing their practices and procedures to protect the City and its residents. I applaud the Wastewater Collection Division professionals for their accomplishments and enthusiastically support the nomination ofthe Collection System Asset Management Program fior this Award as recognition for their hard work and achievements, Shicerely,,-,, Mark rfoug'19, May(, 'entOn If6)(as-Was,tewa,teiii,Collllllec,tfioiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiil'tIII °Iiii,ogiii,aiiin of Dt,,,(, 4 co TY mom DENTON per Ult� *� WATER UTILITIES 901 -A Texas Street, Denton, TX 76209 (940) 349- 8452Fax (940) 349 -8951 January 7, 2014 Ms. Kim Chanslor WEAT Awards Committee Chair CDM Smith 3050 Post Oak Blvd Houston, Texas 77056 Re: Letter of Recommendation for the Sidney L. Allison Award Dear Ms. Chanslor: I am writing to you today to offer my support for the nomination of the City of Denton Wastewater Collection System Asset Management Program for the Water Environment Association of Texas Sidney L. Allison Award. As Director of Denton Water Utilities, I am proud of the accomplishments of the dedicated management and staff in the Wastewater Collection Division. They have effectively conceived, created, and implemented a collection system Asset Management Program that is second -to -none. Behavioral change is difficult to accomplish. The success of Denton's Collection System Asset Management Program is all the more remarkable for the way that the Wastewater Collection Division was able to re- invent itself. Division staff scoured literature from EPA, WEF, WERF, and ASCE to identify the best practices for managing collection system operations, maintenance, and rehabilitation. They then set about implementing those practices in the City of Denton. The Denton Wastewater Collection Division faced major challenges: sewer lines that date back as far as the 1910's, many small- diameter clay pipes, and expansive soils. Division staff developed an in -house comprehensive Asset Management Program, which now serves as a complete decision support and capital planning tool. The results are impressive: 80 percent reduction in number of overflows, a 99.5 percent reduction overflow volume, and better use of our scarce financial resources. I highly recommend the City of Denton Wastewater Collection Division, including Assistant Director P. S. Arora; Collection System Manager Justin Diviney; Engineering Tech Manager Gary Myers; Water Utilities Coordinators Joel Nickerson and Tyler Dawson; and Senior Engineer Jim Wilder, for their vision, dedication, and hard work. Sincerely, Jim Coulter Denton Water Utilities Director IL; (as- Wasrewareiiii^ Collllllaec,tiouim Sysreiiii spar anima eiiiis eiiiimrt 114�'Iui ^o ui ^auism January 1. , 'O14 Ms. Kim Cha;nslor WEAT Awards Committee Chair CDM Smith 3050 Post Oak Blvd Houston, 'rexas'77056 Re: Letter of Recommendation for the Sidney L. Allison Award Dear Ms. Chanslor: I am writing to you to offer my support for the nomination of the City of Denton Wastewater Collection System for the Water Environment Association of Texas Sidney L. Allison Award- As Manager of the City of Denton Wastewater Collections Department, I as vejy proud of the accomplishments our management and staff have made, We have implemented a collection system Asset Management Program that has taken us from an average level of performance to achieving our vision of protecting public health and the environment 'The wastewater collection system consists of over 50O miles of pipe some of which date back as far as the 1910's, with many small -diameter clay pipes,. Our comprehensive Asset Management Program now serves as a complete decision support and capital planning tool. It has allowed me to focus on key issues with the system, set clear expectations, helped, facilitate decision making, and most importantly the ability to learn more about the system and improve it. The results are impressive-. 80 percent reduction in number of overflows and a 99.5 percent reduction in overflow volume. We feel the results speak for themselves. It has given me the Ihmework to better understand improvement opportunities, establish explicit service levels, and guide investment and operational decisions, It has formed the basis i'or ongoing measurement and provided the ability to communicate clearly with customers and key stakeholders. This approa6h has allowed our department to move from a reactive group moving from one urgent priority to the next, to a systematically applied approach that helps finprove our services and ensures a strong and viable Utility Well into the future. We have been able to enhance Our stewardship towards our infi,astructure and improve our performance in many critical areas. It allows us to respond to current and future challenges quickly and efficiently using our limited resources wisely. I am pleased to support and endorse the City of" Denton Wastewater Collection Division for its vision, dedication, and hard work, and I support the nomination for this Award as recognition for our achievements. Sincerely, 1, Justin Divincy Manager Wastewater Collections City of Denton If6)(as-Was,tewa,teiii,Collllllec,tfioiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiii'tIII ° °Iiii,ogiii,aiiin If6)(as-Was,tewa,teiii,CoIlllll ec,tfii oiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiii'tIII °Iiii,ogiii,aiiin r PIPELINE LYSISt.r.c January 15, 2014 Ms. Kim Chanslor WEAT Awards Committee Chair CDM Smith 3050 Post Oak Blvd Houston, Texas 77056 Re: Letter of Recommendation for the Sidney L. Allison Award Dear Ms. Chanslor: I am writing to recommend the City of Denton Texas Wastewater Collection system Asset Management Program for the WEAT Sidney L. Allison Award. I had the pleasure of working directly with the Wastewater Department staff during the development of a CMOM (Capacity Management Operation and Maintenance) Self- audit. The CMOM Self -audit reviewed and evaluated major components of the City's programs including: • Geographic Information System (GIS) • Computerized Management and Maintenance System (CMMS) • Asset Management • Hydraulic Modeling • O &M Manuals • FOG Program • Sanitary Sewer Overflow Response Plan • Staff training • Safety • Record Drawings and Specifications • Computer Aided Drafting and Design (CADD) files of plans. • Closed- Circuit Television (CCTV) Inspections • Supervisory Control and Data Acquisition (SCADA) • Critical Parts Inventory • Budgeting and Accounting • Ordinance Review • Property Accounting • Sanitary Sewer Evaluation Survey (SSES) and Infiltration /Inflow Analysis • Customer Information System (CIS) • Compliance and Reporting Based on this comprehensive audit of the Wastewater Departments practices, I can state that the City has the most comprehensive and effective programs I have seen in my nearly 40 years of evaluating municipal collection systems. The effectiveness has been documented and measured by the significant reduction in Sanitary Sewer Overflows (SSOs) over the past ten years. The City's proactive wastewater programs are exemplary and should be used to define best management practices. The staff, led by P.S. Arora, P.E., are a unique group of motivated individuals working together to provide superior service to the customers of the City of Denton. This group maximizes the use of proven technology to optimize the collection system performance and minimize the cost to customers. 1115 Main Street, Garland, Texas 75040 800.637.0164 "'If'; )(as- Wastewataµui^ allllllaeatfiiaui Systaµui sp aµt auimaJaµui eiiiimt III °rui ^aJui ^aui m With these abilities, adaptability, and dedication, I highly recommend the City of Denton for the Sidney L. Allison Award. If you have any questions, please feel free to contact me at the above address. Sincerely, ^k James H. Forbes, Jr., P.E. President, Pipeline Analysis, LLC. u� az� II:; ;wuu�azu °u "'If'; )(as- W s µ µui^ Illlll µ iii ui S s µui Aspµ ui µui µui III °Iui^ ui^ ui m y ry Ms. Kim Chanslor WEAT Awards Committee Chair CDM Smith 3050 Post Oak Blvd Houston, Texas 77056 Re: Letter of Recommendation for the Sidney L. Allison Award Dear Ms,, Chanslor: I wholeheartedly recommend the City of Denton Wastewater CUlectlion Division and their Wastewater Collection System Asset Management Program for the prestigious WEAT Sidney L. Allison Award. As a long -time consulting engineer in the North Texas area and an active member and officer of the North Texas Section of WEAT, I ant familiar with the accomplishments, of the City of Denton Water Utilities. The City of Denton faces the same challenges as most utilities, in the nation: aging infrastructure and limited financial resources. Denton has 500 miles of sewer lines that date back to the mid 1910's, coupled with the stresses associated with being one of the fastest growing cities in the United States. With almost half of the sewers being small-diameter clay pipe and with expansive soils, it was little wonder that Denton previously experienced, elevated numbers and volumes of sanitary sewer overflows. In the early 1990's, the Wastewater Collection Division made a concerted effort to change the way they operated. They scoured industry resources and met with other utilities to identify best practices. Using in-house staff, they designed and created an Asset Management Program that focused the limited budget on prioritized operation and maintenance and guided capital investment in the most critical areas. As a result, Denton now has one of the most advanced and effective Collection System Asset Management Programs in the country. The results are impressive. The number of overflows is down by 80 percent, the volume of those overflows has been reduced by 99 percent, and the program has yielded substantial' reductions in the Division's operating costs and capital investments. Moreover, Division staff have been actively sharing their knowledge with other utilities through face-to-face meetings and conference presentations. Examples include The 4M's of Collection Systems Management conference, the U.S, EPA Region 6, Capacity, Management, Operation & Maintenance Workshops, a WEF Webinar, and the Texas Water conference. I highly encourage the Committee to considerthis nomination and the siuccessful contributions of the City of Denton knowledge and understanding of asset management in other Texas utilities. Their vision and proactivei approach is an exemplary example for others to follow and I enthusiastically support this nomination, Sincerely, Darryl Corbin, P.E. Vice President 14785 Preston Road, Suite 950, Dallas, TX 75254 P: 972.239.9949 F: 972.239.9117 carollo.com 116)(as-Was,tewa,teiii,Collllll ec,tfoiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiii't111 °Iiii,ogiii,aiiin Example Dentoin it nta ii ire ttlh III EII IlReglilloin 6 CMOM Wor1111ru III ollp System Pipe Length by Siize UT 20% MM 2' 0 1' 94" ENV' R a 9 1GAIR 12 VIN IV NEW' 0 19" o 20' P%21" qi24" 027" , M' 9V 43' r.26" 42' -48" System Pipe length by Type 1',1/11r U0, MC.-,ete W—iSl-i VICau and lm PI.- IN FA —Elan a Palyethe�ene wi Vu4pd r 1" 10 RIC a Ok lie r If6)(as-Was,tewa,teiii,CoIIIIII ec,tfii oiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiii'tIII °Iiii,ogiii,aiiin 5 Year 10 Year If6)(as-Was,tewa,teiii,CoIlllll ec,tfii oiiiiSys'teiiinAs!!;e,tMaiiiiageiiineiiii'tIII °Iiii,ogiii,aiiin Success of Denton's 1/1 Reduction Program Population Ys Effluent Flow Trend Main and Service Chokes Trend, 1997 to Present XV Seiviii.o cheAei, pet vy"inth and 12 nromh avemige 90 8P 70 60 IN fl], ;Owl xi, N i %F 40 8(1 tm f; Ooffrowo 7 �11111111111 If r rah. lu P to and @ mcmth "weilg" ................. lom I lqq , 2cxv Amn t zm,�. 2r1 F 4x 2=M , 2 XW 2,Nr1y :1 �:11A 20A iIinu I mil SSO counk RmnfaN A SS, Counl i 'O UO +taar �P.rr. Ap, 1 rc va 011 80 W, 60 "40 40 21,0 20 2001 2(.02 2003 2004 20105 2006 2007 2000 2(X* 2010 2(311 If6)(as-Was,tewa,te iii, Collllll ec,tfioiiii Sys ,teiiinAs!!;e,tMaiiiiageiiine iii i'tIII °Iiii,ogiii,aiiin 0 If6)(as-Was,tewa,teiii,CoIlllll ec,tfii oiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiii'tIII °Iiii,ogiii,aiiin settled deposi, � attachied grease If6)(as-Was,tewa,teiii,CoIlllll ec,tfii oiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiii'tIII °Iiii,ogiii,aiiin CapPlan Legend Repfam line CCTVed —Remlm,e DefoCt Repo If And E 411 Omhg ,-Dof.K8 RaPaIr CCTV High Priorlty —CCTV Pr6.11y I CCTV 1-16-ly 2 If6)(as-Was,tewa,teiii,CoIll 111 ec,tfii oiiiiSys,teiiinAs!!;e,tMaiiiiageiiineiiii'tIII °Iiii,ogiii,aiiin ,46MURSO # Logend �e kepOacoA Me CCIWd 6 f 'M w.mn- AM K m f �nvn}A Gyy b !d i ib� Ar I A RepBSCSr wu1i MI:WAA1 CC "BV I iA u o- c9p Inme$tttpyv d d M xx CCTV HIIgn pH uzl'Iy n n + Gt 4^in t my I CC CCTV L.. prl -Ity .. ze u II:; ;wuu azu °u "'If'; )(as- W s µ µui^ Illlll µ fii ui S ysA µui m sI µ ui µui µui III'' °'pui^ ui^ ui m � 0 FF EXHIBIT 3 Papers Presented The 4M's of Collection Systems Management, January 2011 "Using SCRAPS to Prioritize Collection System Maintenance & Rehabilitation" presented by P. S. Arora, P. E, Assistant Director Wastewater, City of Denton" U.S. Environmental Protection Agency Region 6: Capacity, Management, Operation & Maintenance (CMOM) Workshop, August 11 -12, 2011, Austin, Texas "Using SCRAPS to Prioritize Collection System Maintenance & Rehabilitation" presented by P. S. Arora, P. E, Assistant Director Wastewater, City of Denton" Water Environment Federation Webinar February 15, 2012 Computerized Maintenance Management System (CMMS) - If I Knew Then What I Know Now, "Using CMMS Data to Prioritize Collection System Maintenance and Rehabilitation" presented by P. S. Arora, P.E., Assistant Director Wastewater, City of Denton" U.S. Environmental Protection Agency Region 6: Capacity, Management, Operation & Maintenance (CMOM) Workshop, August 20 -21, 2012, Austin, Texas "Implementation of an Asset Management Software for Proactive Management and Optimization of the Collection System Rehabilitation and Renewal Program" presented by P. S. Arora, P.E., Assistant Director Wastewater, City of Denton" Texas Water 2014 Conference "City of Denton wastewater collection system asset management program provides cost savings and prioritized approach for O &M and rehabilitation" presented by P. S. Arora, P.E., Assistant Director Wastewater, City of Denton" City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"" N Legislation Text File #: ID 14 -0370, Version: 1 Agenda Information Sheet DEPARTMENT: Finance ACM: Bryan Langley Date: August 5, 2014 SUBJECT Receive a report; hold a discussion, and give staff direction regarding the 2014 -15 Proposed Budget, Capital Improvement Program and Five -Year Financial Forecast. BACKGROUND The FY 2014 -15 City Manager's Proposed Budget was submitted to the Council on July 25, 2014. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on July 31, 2014. As discussed in the Proposed Budget, rate increases are planned for the Water, Wastewater and Electric utilities. In addition, rate increases are also proposed for Solid Waste services. Exhibits 1 -8 are individual redline and final versions of the various rate ordinances (Water, Wastewater, Solid Waste and Electric) which have been recommended for approval by the Public Utilities Board. These rates will be formally presented to the City Council for approval on September 16, 2014. The purpose of this agenda item is to provide the City Council with an additional opportunity for questions and dialogue. Below is the schedule we will follow to adopt the budget and tax rate: August 5 Vote on Maximum Tax Rate August 19 Public Hearing on Proposed Budget 1" Public Hearing on Tax Rate September 9 2nd Public Hearing on Tax Rate September 16 City Council Adopts 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: City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0370, Version: 1 Chuck Springer, 349 -8260 Director of Finance City of Denton Page 2 of 2 Printed on 8/1/2014 powo and by I ogiFfl ar nvl ORDINANCE NO. 20141 -XXX AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 20123- 21435 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 SEVERABIL,ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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/P4) 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 RATE BLOCK PER 30 DAYS 0- 15,000 gals 15,001- 30,000 gals Per Rill . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .:1...5...,8..5. 1 .4 G . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 244530 35 Rate Per 1,000 Gallons WINTER Billing months of NOV. through APRIL oil SUMMER Billing months of MAY through OCT. $ � SQI3w....0 $ 5 ..5G 30,001-50,000 gals $ � "705,,.80 $ 207 40 Over 50,000 gals $ �::703 80 $ PA51) 75 MONTHLY RATES (WRO) - WATER SERVICE OUTSIDE CORPORATE LIMITS MONTHLY RATE (1) Facility Charge Per Bill 3/4 inch Meter $ 154515 QO I inch Meter $ 20:5521 15 1-1/2 inch Meter $ 26A027 40 2 inch Meter $ �5 :,S534 Qo (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--2-4-4 35 $4-2--5d 3 5 15,001-30,000 gals $4-2-4-435 $6-4-4-635 30,001-50,000 gals 4:... "..5 8 .....5.0 Over 50,000 gals $4-24-435 11 20 MONTHLY RATES (WRI) - METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge 3/4 inch Meter I inch Meter 1-1/2 inch Meter 2 inch Meter (2) Volume Charge RATE BLOCK PER 30 DAYS Per Bill $4--- 13.85 2 3 8 5 $2-9--4-530 . 35 Rate Per 1,000 Gallons Billing months NOV through APRIL Billing months MAY through OCT 0-15,000 gals $4-7-0380 $45,50 15,001-30,000 gals $J-70380 V-N140 Over 30,000 gals $ - 7-03 0 $4-44-E75 3 MONTHLY RATES (WRIO) — METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4 inch Meter $44-5-4-4-15 QO . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 inch Meter 15 1 -1/2 inch Meter $ 5"7 40 2 inch Meter $471,44-34 QO (2) Volume Charge Rate Per 1.000 Gallons RATE BLOCK PER 30 DAYS WINTER 0- 15,000 gals 15,001- 30,000 gals Over 30,000 gals Billing months NOV through APRIL $4-24-4 35 SUMMER Billing months MAY through OCT $"S .50 $74)-84- 1 1 20 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 I 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. 5 SCHEDULE WC COMMERCIAL /INDUSTRIAL WATER SERVICE RATE (Effective 10/01/P4) 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 (2) Volume Charge $4-05 15 per 1,000 gallons CO MONTHLY RATE (WCO) — OUTSIDE CORPORATE LIMITS (1) Facility Charge Per Bill 3/4 inch Meter $24--24-26 .00 I inch Meter $-2+0-2-031 10 1 -1/2 inch Meter $44,7436 . 85 2 inch Meter $4-7--�- 4 Q 0 0 3 inch Meter $4-0-2-4-0105 45 4 inch Meter $204-3-0207 35 6 inch Meter $2-7 1 2541.70 8 inch Meter $34'5-94-3Q7 55 10 inch Meter $4-5444-550 65 (2) Volume Charge $4--64-4 75 per 1,000 gallons MONTHLY RATE (WCI) - IRRIGATION (1) Facility Charge Per Bill 3/4 inch Meter $24-4-422 60 1 inch Meter $24-2-4-27 05 1 -1/2 inch Meter $44-W32 05 2 inch Meter $44—L442 60 3 inch Meter S84-04-I)l 70 4 inch Meter $4-7-5-0,5180 30 6 inch Meter $244-24-247 55 8 inch Meter $44-5. 345 70 10 inch Meter $440-404Q5 35 (2) Volume Charge Rate Per 1,000 Gallons WINTER Billing months of NOV. through APRIL $4--04-4 15 MONTHLY RATE (WCIO) - IRRIGATION (1) Facility Charge Per Bill 3/4 inch Meter $24--24-26 .00 I inch Meter $-2+0-2-031 10 1 -1/2 inch Meter $2,-5-74-36 85 2 inch Meter $447 4 Q 0 0 3 inch Meter $-� 1 05.415 4 inch Meter $204-3-0207 35 6 inch Meter $2-7 1 2541.70 8 inch Meter $34'5-44-3Q7 . 55 10 inch Meter $4-54444-54.7 5 7 SUMMER Billing months of MAY through OCT. $ 5, - -2+ -�; 5 .50 (2) Volume Charge MINIMUM BILLING Facility Charge PAYMENT Rate Per 1,000 Gallons Billing months of NOV. through $4-4-54 7 SUMMER Billing months of MAY through $4-14-635 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. SCHEDULE WFH METERED WATER FROM FIRE HYDRANT (Effective 10/01/U4) 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 $5-04-5:20 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 $4&-2,4-101 30 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. I SCHEDULE WW WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/B4) 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: . 56 5 per bill $0.50 per 1,000 gallons E4 1 . 2.. 1402 per MGD (Annual) 12 (Paid Monthly) As determined 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/P4) 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: $0.4--54-2-4771 per 1,000 gallons PAYMENT Denton shall render bills by the tenth (10') 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 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. 12 SCHEDULE WCL WHOLESALE RAW WATER PASS - THROUGH TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (Effective 10 /01 /1�) 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 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. 13 WATER TAP AND METER FEES (Effective 10/01/P4) 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 lap Meter 1 inch 5/8 inch x 3/4 inch 1 inch 3/4 inch x 3/4 inch 1 inch 1 inch 2 inch 1 -1/2 inch 2 inch 2 inch WATER METER FEES Ci7e of Meter Paved Street Unpaved Street $21 � 2,515 QQ $4 5 I Q 75 0 $� Q7 7 Q7 Q7 Q $9 ;" 74402 Q "7 Q7 0 $248440119L:99 S4794'�2LSIO 00 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 14 WATER LINE TAPS Size of Tap Paved Street 1 inch $9; . 2AIg0 00 2 inch $2—, Z QO 00 4 inch $3,600.00 6 inch $3,800.00 8 inch $4,800.00 12 inch $5,500.00 FEES FOR INSTALLATIONS NOT LISTED Unpaved Street $2,100.00 $2,200.00 $3,100.00 $4,000.00 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 determined 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 10/01/10 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 $5-4 4 G :'Lo 00 $J--P5-0 O- ,,2QO GAG 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 10/01/1�4) APPLICATION Applicable to all customers and entities requesting testing and analysis services from the City of Denton Water/Wastewater Laboratory R A T-P Fee Description Ff-f- Pf-r Tf-,zt Colilert (P/A), ('Fota� CoHI'mE, L,:: g:)H) $20.00 Colilert Quantitray (MPN), ('Fota� oM6iE L, g�H) $25.00 CoMert tjtray (MEN), (Eeca� Q)M'onil) S25 00 Heterotrophic Plate Counts (HPQ $25.00 Fee'fl Gk)N4)IqiI (MV) S�()M(j Records Search pg� lwi�r $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 P A VN4-PNT 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 /P4) 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 /P4) 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. W. 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 MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 201 �. Nib10, A :: l Wkl Ot�GHSC HMS WATTS, 19 ORDINANCE NO. 20134 -xxx AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 20173 -21 � 34; 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 COMMERCIALANDUSTRIAL 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); A 414x4) 4i Ti lk A 414x4) Xi Ilk I'Ok [ AP�AGI F14A S SCI �� �_I�L ( �L �_d:�L AVL I ( Q II p "(DIEM.... IMAI AGL FLLS SCI 1LMJLL.. ( .ULDLI.:AA A[ AM)IN G I. L' SR_)I�MWATLJ( 1� ADS Y)A. TI(, .... ... .... ( .. 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 . 441ai I "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 3 R 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 1 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 4...:142 �� Special Conditions Rider 4442 oil SCHEDULESR RESIDENTIAL WASTEWATER SERVICE (Effective 10/01/P4) 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 $4-74-10 35/bill (2) Volume Charge $4-7-:55 "511,000 gallons effluent MONTHLY RATES (SRO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $444 -4-1 1 QO/bill (2) Volume Charge $4-3-4_4 60 /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 Usage 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 SRNI Inside Corporate Limits SRNO Outside Corporate Limits (1) Facility Charge $4-7-4-10 35 /bill $44-44-11 QQ /bill (2) Volume Charge $:�. 3..,,.Q /1,000 gals $ -2,5d .60 /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. 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 gallonsibill. 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. SCHEDULE SMH MOBILE HOME PARK WASTEWATER SERVICE (Effective 10/01/P4) 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 $2I-2--425 0/bill (2) Volume Charge $4-74-4,00/1,000 gallons effluent MONTHLY RATE (SMHO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $2-7-2.";7.,,../bill (2) Volume Charge $4-3-4-4,60/1,000 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 CI 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 �� (1) Facility Charge �� (2) Volume Charge SMNI SMNO Inside Corporate Outside Corporate Limits Limits $24-2-425 70/bill $ -7 4 21) 55 /bill ...00 /1,000 gals $4--24-4 ...60 /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/U4) 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 $2472-4-25 70/bill (2) Volume Charge $4-7-05::00/1,000 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 aDDlicable (A) Sampling charge p�j� �,Inijk eke (each) $60.00 (B) Analysis charge (per test) Actual cost per test cc� Y�okitjon (jenian(I sanljfl�ng P�l �,Mld� �kcl Four Nirt Grab S 170 00/eacli F�rst 1)ay Sanlp� �ng 511 Q::QQ A(Wkiomfl 1),Iy C�21W2�2�ke Sanijfl�ng 5f IQQ��"101 I MONTHLY RATE (SCO) - OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $2�7-5Q 55/bill (2) Volume Charge $ 53 5 :6 /1,000 gallons effluent Billing based on ninety (90 %) percent of monthly water consumption. MINIMUM BILLING Facility Charge VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .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 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/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/1, whichever is greater. S is the unit cost factor for treating one pound of TSS 10 MONTHLY RATE (SCNI/SCNO) - WITHOUT CITY OF DENTON WATER SERVICE �� (1) Facility Charge �� (2) Volume Charge SCNI SCNO Inside Corporate Outside Corporate Limits Limits /bill $2 -72 55/bill $4-7-0 00 /1,000 gals $ 3 6 /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. MINIMUM 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. 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) O .g (,, 11 Foi�r Part Grab S 170 00/eacli E�rst I)ay SanlpHng 511 QQQ A(I(fiflomfl 1),I.y Q:)Mp�ke Sanip��ng 55Q,QQZ�acli 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. PAYMFNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 12 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. 13 SCHEDULESCD COMMERCIALANDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB - METERS), WATER FOR WASTEWATER BILLING (Effective 10/01/P4) 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 3/4" Meter 1" Meter 1 -1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 10" Meter (2) Volume Charge Billing Per Bill $ 252526 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55..:.5.5.36 55 $ 47.554Q 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . $4-0-22-4-0105 4 5 $241 55507.3 5 $-245-453Q7 . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56Q 65 $4--705,00/1,000 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 14 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. Formula: Actual Water volume x Rate per 1,000 gallons 1,000 15 SCHEDULESCS COMMERCIAL /INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB - METERS), WATER EXCLUDED FROM WASTEWATER BILLING (Effective 10/01/154) 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 $ 252526 00 1" Meter $ �02031...10 1 -1/2" Meter $ �5.75�?6 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 2" Meter $47:554Q 00 3" Meter $4-02--40105 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4" Meter $ - 207 .35 6" Meter $ -4 5 284 70 8" Meter $ _ _ 3 Q 7.55 10" Meter $4-54-04-50 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. 16 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/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 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. 17 SCHEDULESCH SEPTAGE & CHEMICAL TOILET DISPOSAL AT THE PECAN CREEK WATER RECLAMATION PLANT SEPTAGE TRANSFER STATION (Effective 10/01/B4) 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. P.W-IVN (1) Facility Charge (2) Volume Charge (3) Application Fee (4) Vehicle Permit Fee (5) Waste Manifests per book of 100 MINIMUM BILLING Facility Charge W. $4-44-5 .....SO/bill $34. 37 20/1,000 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. 19 SCHEDULE SEE EQUIPMENT SERVICES FACILITIES AND RESTAURANTS & FOOD SERVICE ESTABLISHMENTS WASTEWATER SERVICE (Effective 10/01/130) 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 (NAILS) 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 $24-2-425 70/bill (2) Volume Charge $44-06,80/1,000 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 Pretreatment/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) (A.( &nijflang �1ul gg pgjj sans pig sa�0 (gic1l( 50 MO O ni 3 g �- .... (..( �Iu�� �ptu���u ( e��n( ..7����u > p0 TM �; ��0�� �>�� �����up >.�, �. Four Nirt Grab S 170 00/eacli 20 M(fition,fl p ),Iy Sanip� nfix 5 QQZ�acl:p "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 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 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 -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. 21 II 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: Water volume x .90 x Rate per 1,000 gallons 1,000 22 SCHEDULE SM METERED WASTEWATER INSIDE AND OUTSIDE CORPORATE LIMITS (Effective 10/01/B4) 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 Plus (1) Facility Charge (2) Volume Charge SMI Inside Corporate Limits $249--5,0317 45/bill SMO Outside Corporate Limits $-2,44-44-365 10/bill $4­75 00 /1,000 gals .5...65 /1,000 gals (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) y,Ini1�)Hng lip �,Ml d eke (ga ( e�p� .... u�Qp gQ (U) AnaLysk clia ge (p)ei• test) Ae!uu W ...cost p)er test (,C) Yaokitjon (Jeni an(N..sanip)pa „p g ep ppyx pjp �,Inljfle ske..- E�rst p ),Iy... Sanlp;pHng 51 1 Q QQ 23 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]) 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/l, whichever is greater. is the unit cost factor for treating one pound of TSS. Facility Charge, plus the appropriate Pretreatment/Program Charge, if applicable P A VA -PNT 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 24 SCHEDULESGE SALE OF TREATED WASTEWATER EFFLUENT (Effective 10/01/P44) 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 $ 2 Q522 GHQ $ 26: :2527.0 $ 41. 1032 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44542.60 . . . . . . . . . . . . . . . . . . . . . . . . . . . $2444-5241 7 5 5 $-2+47i-"345 70 $480-404Q5 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $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. 25 VOLUME CHARGE Billing for the wastewater volume shall be based on the effluent volume calculated during the billing period. Formula: Effluent volume x Rate per 1,000 gallons 1,000 26 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGENCY, DIVISION, OR SUBDIVISION (Effective 10/01/U4) 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) salllp� fig cllai�ge (eaell) S60 00 (2) Amflysk Gliai:ge test) Aetiial eostpei• lost (A) y1'jarg pgj sanlp g ske (gacli) 5 QQo (U) AnW.Ysk c1lary Wgr test) Ao: W cost wr test (C) Yaokitjon (Jenian(] sanip�ng e1ulrg grey sanlpg ske- Four Nirt Grab S 170 00/eacli E�rst 1)ay �:)I'Conlpgske Sanlp�ung �1 IQ Q A(I(fiflomfl 1),Iy Qj up� ke Sanip ang 55Q,QQZgic1'i MINIMUM BILLING Facility Charge. WHOLESALE SURCHARGE In addition to the above charges for wholesale wastewater services, there will be added to the 27 monthly rate an industrial 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]) W. Where: Cu Vu .00 Bu B Su S P A VMFNT is the surcharge for customer X. is the billing volume per 1000 gallons for customer X. 334 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. 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 29 SCHEDULE CWM DYNO DIRT PRODUCTS (Effective 10/01/1341) 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. 30 LOCATION All Dyno Dirt products may be purchased from the City of Denton at the following location: Lornti On A ddress 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. 31 SCHEDULE GBL GRASS/BRUSH/LEAVES (Effective 10/01/B4) 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: $44-4044 00 /ton 4. Whole trees and stumps $50.00 /ton MINIMUM CHARGE $ -74 _ 25. 00 per load Professional landscapers, tree trimmers, and yard maintenance personnel are required to bring their grass, brush, or leaves (all collectible yard waste) to the landfill, and are not permitted 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. 32 SCHEDULEST WASTEWATER TAP AND MANHOLE FEES (Effective 10/01/P4) 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. 33 SCHEDULE STE TREATED EFFLUENT WASTEWATER TAP FEES (Effective 10/01/P4) 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. 34 SCHEDULE OSSF ON -SITE SEWAGE FACIL,TY PERMIT FEES (Effective 10/01/P4) 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 35 SCHEDULE SWP COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 10/01/14) 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 36 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 Waste manifests per book of 100 37 $4.00 $40.00 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 Service Fee Container Fee Per Cubic Yard, per container (if applicable) Right -of -Way Fee Per Cubic Yard, per Container, per Month (if applicable) Waste manifests per book of 100 Paid Annually $200.00 Per Vehicle $400.00 Paid Annually $4.00 Paid Monthly $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 31st , for the upcoming calendar year beginning January I" 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 I" 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. W. 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 rcyclables 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 %. 39 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/P4) APPLICATION Applicable to all ka .pei�.vi.oui „.......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 gr water (1uuaHty �' j up act 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) Per Bill $ 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 41 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 42 SCIIEDULE SM STORMWAIER Rl�.'INSPLCTION FLL (Lijective 10/01/14�) APPLICATION ApphcaWc to active construction or kind (fistmhng (Ictlymes hmited wkldn the a'ncoijmratcd hinks Fee kcluliucd t�:)Vcratorsor ds�gpatcd rel2resentati (fisturNng cictmty us construcflon denightionand redeydopment RA L I�e�nslwctjon lees fi:v �nkjfl grpelig& �'nspcctjon residting �,ppg!i gnilphancc:, notices ofv�okiflon nd/:)i stp worl< orders Fees may be �yflvcd at (fiscretion of the �ns ector fir ni�nor ngncginphance ksucs Fee- S15000/sk��'Dmcctmn 43 SPECIAL FACILITIES RIDER (Effective 10 /01 /P4) (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/P4) 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. 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 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 4, 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 , 20134. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2013 -230. 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 SERVICES; PROVIDING FOR AMENDMENTS TO THE RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES RATES; PROVIDING COMMERCIAL REFUSE AND RECYCLING COLLECTION SERVICES RATES; PROVIDING PROCESSING AND DISPOSAL SERVICES RATES; PROVIDING SOLID WASTE & RECYCLING SERVICES DEFINITIONS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; 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 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES ............................ 6 PROCESSING AND DISPOSAL SERVICES .......................................... ............................... 17 SOLID WASTE AND RECYCLING SERVICES DEFINITIONS ........ ............................... 21 111, S1111, 1 "1LL 111,'F1J X14 & 111; 'Y "L1SS ". LL14( ;1w1 ... S S1,44VIC S1L1.1Em 4 flot Ni :ale and Fees NqiqMkiflcmis S41:J:L11- FAM1LY 111, "Ft�SE A1S1) . ka .. ..:MS1L.11 1A .:L 1lI,F tj S1A...& 111; YL:LISS LL1, 1::1:. NS SI;11V1 : "1A,S1L1.1•a11� Nl"4°:N4ffHa14 11a:1l: Pales and Fees G:)1111t1C1:ekfl 1�el 1 PROCESSING AND DISPOSAL defified:: I I Ries and Fees E sir(INI (H)kimark i,)Gt def i ned SCHEDULE SWR AND SWRR RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/2014) Residential collection services accounts are defined as: A single - family detached dwelling unit, each unit of a duplex or triplex, or any single unit or living space in which an individual or single family resides. "arts are coi ecie(l weeldy. All refuse must be bagged when placed within the refuse cart and the lid must be fully closed. Recycling materials should not be bagged when placed in the recycling cart and the lid must be fully closed. All carts must be placed at the curb by 7:00 a.m. on the scheduled collection day. Residential accounts are billed monthly. Residential Collection Services Small Refuse Cart Standard Refuse Cart Large Refuse Cart _' i eeye ifl# - >L„all#e Gals t Miflilm ml Mofltlfly Billing Pate Monthlv Rate P75 S 20 50 S5 55 55.50 S 2 75 S 21.25 ..................: ..5..:.65. S 31.75 S5 55 55.50 S5 55 55.50 To receive any of the following residential services, residents shall contact Customer Service a minimum of one day prior to their scheduled collection day. Service Fees Excess Refuse - per cart reload and empty Yard Waste - per cubic yard, in excess of 4 cubic yards Large Household Item - per item, in excess of 4 items per year Appliances and Electronics Residential Remodeling - per CY - (4 CY maximum) Cart change out fee - for next service day i5eiivei•5....� *i Text [)ay i esWenli,fi ) i,.e.sidetil�.x, fl M) (Pe.l elfbie. yalzEl:) 3 �7 i 15:00 S2S.. ) S70:00 S14() 0 i .. ........................7...w j S 7 . o o S 5000 S 2000 S S 2000 . S 6500 S 65 00 �7 i 15:00 S2S.. ) S70:00 S14() 0 W. W esidents sliall ek)filtlet Gustkffnef SeEyiee a faifnialffa Hi: k)HO day tw4w It) thek� selledliled etAleebon weehly eokeelia:)H �:4 the I•efifse and •eeyelifig� A initnitimn inamnhly Wing we is ampyawe 4• an lim:)eelfpied I`esi(petnifl imil and snall amfly be and sifell iiiitnmiwi Whng slits sliall be hitiked 16 H ffitleiffliffii peEiod t4 sie +11k3fillis jiel �etflenfhw YORE: So I i d L as I e eop p ee I i t3si f)OFst)Hfl e I A'A"i sep t)H d the l ip I Cie of Fee ye I a e e 'Ift A'A' k1i addkit)fitfl fnalel4als plaeod adjaeent to the eaEt� Wrwgmt 41 mv in Haan ndd i W an M A Rite Own e e�::)l I eeb on a:4 tip to 4 eu b in; yafd s (C V 0) of ymd mmme pncn weeh (W bagged ;pass elij,:)pings; bagged �eaves; bnisn; and li•ee limbs wnien Rue etit in �ess than 4! WagIs and swehQ It be walmne of ymA waste exeeeds 4 GV]s biil does not eNeeed Q GV!s; Ins lk)tHl vk)l Iffne will be eo leeled; and a iOe PeE GV will be elimzged I 't)E eaeli GV iti eNeesci t44 GV] 11' Ific lotal vaAmne emeeeds Q GYN The yeddent slmH eontaet Giislomef Sevyiee v mpiest ealleetiow Solid waste eaAleebofl WiN eaAleet Iff) 1a:) I , �Mw laEge noiiseh�:)ld items peE yema ; A:• m:) addilia:)mfl enaEge:: kmge 11amfsenold Am afe yeswentim hmmehold type ilefils that al�e eonsislent ''with household us, sHeh as Ankmv nad Owed apMkmew APV!JhPfW App Wanees mmulkeluved Io eammin PON oE i•e9p4geEants will be enai�ged 1'a:)• the eoHeeiiami� 1pzoeessing mid disposal k4 eaeli aplfl kinee and,4)f the assoeialed iaateilkfls,�� bleel•anies 1110flkOfs vido:) dispinys; Inplops; An% AwEonie devisees; and emAn appWanees pmeess ing; iveye A g; nad & spowd of these d ey A ow RewdenAl vanodefing wnste MAdes 140 is not WmAd 10 Whev; bEiel<; I:efieiflg and (4ywaH� flot any one The emomef is feqHifed lo Wive an My •efiiso ea:)tnaincp a:4 adc(piate ape 1a:) Resideahl haiisenoW nwmvdaus mmmes and ehaniuMs shodd not he pheed in H •so m, iveyding SefWee lip thAf eal-loetioaMe fnw•Ms shmid he hom in Sei• awieinal eontainei and Blaeod at an agpood 11pon loeation Resideahl eummms W! he ebmted as deli Yovy lie v Few eaen ema t, pf• they ape plfNed 1'i)p fl on fm y In en t:: N4 keeW an eaus wil on in i ti ating Rev".. sei�v i ee, a d elikeii I may be elpffited ��, Residential ellstkffnefs fRHY be l9ftevided eofafnel�eial ek)filtlineps and sepviee tit the 1,miWished Shold any as lies nadim, ehattes he estalvii-shed by any twhef mithawi��ed govemmonlfl entpty� 111ose i:ees an(Wtw eliapges will be added to tile fawalfly flite Stlited helsaaabkwe in kwdel thal tile Gity shMl veemof Omme ndhWomal eats Amm to eummHop:: Othop aosidonlifl so•viees inay he fmayided m lies embikhod by the depa•tinonl, Had apfw(wed by The Wenefvd maflagep Vhe 43es ostabhsnod will weamip the eost ol: sopiviee inehiding spoeial and adminis"whye Sefyiees lynxide& Indena i AM an and I kid I I man I oss -- Q sm ef shaW d oWaQ had ann fly, and Ana d to Gil Imani-ess h�of:n any and aW ekikas '11 tile Sei�viee k)emit)a and tiny and aW elaims faade by any Milep fiepson naving an ifnepesi w The PFOPMly skHmed in be Swwke lve&:)n, 1'i )p any loss; damage aw k)eation by ieasom of Hse S•of by The (hyls tmehs Waal �ape iised 1�:) Sopiviee Inn oqiiij,:)inonl� GHS1k)fnef kwthel ago es It) fe�ekaie; indefnfal9 del�ad and lloki 4avialess tile Gity k4 Pealtffi; � eNHS� AMR Had Rgman any and ml Ohns Ovdampes Mated to ine 94imisning ol4osidonlifl and ioeyehng Sk)lid wasle sel�a,iees jiefl , Oviaed by tile Gily in sei�a,ieing single and failki4amil pk'iag i'aeilities� SWEDUM N4FR AND S(;IIEDIJLI4 SAAZNIFS 16pusk AND w6GVGLING SkI2,AqGkS (ki'leelive 10/01M) A Iftnt inehides eaell sepapale hying Iffik k4 I J�SJuSi PleN; HPH14+11eflt ekffffinllfnly� In Ofe FeAdefleeS�� WdAknj AWNWes we fwayided felbse eaMeedam Swim; veeyelaWe malei�kfls et)Heeli�:)n Swim; hausehtdd ehankal ea Meedams and foeyehinn sewiees; 4eel bidl<y itein o:)Ileebon sei. ,i,iees; and c4eel eleetfk)fnes ieaeyekng seiviees. :: Rates and Fees Multh-Family Mtflfi-Family Rates and Fees MM4 .... ho"es OW-Ri I k)HScI'H:4d Gnemie'd G410ebons S140 Wetnizk)fnes (P el, keffl) I swo I Gurt Serviees - Meow and Reeyeling Gurts Myge Chn Pak Relbse nand Reeyeling Coe PRO GRAS SWO Che PRO CHAS - IS YO tin jympefty SWO WdAknj AmNeWd ehanienk nve Hakwatned enemieak that shamdd not be j,:daeed in yamw pefiise SeMee lip ISO eaHee&w We nwehRh shmdd he hqA in theii• tw ginal eontainei•s and plaeed at an agpeed 11pon loealiami. LIJ L!Iffli�2 HlOfl kOfs� vido:) displays; simn kii� oloetnmne deviee, nad ewsk npplinnees plzoeessing� lzeeyekng� and dicilikeial oi: these deviees� A12141pas App: Wanees 14 inidii-lmnily i�oddows nve not eAloeted thfatigh an aplflkinee ea:)Iloeli� :)H i•Emitc; and inay only be phieed in to I 'Ileikly diiiiijiStef 4 they to not fffiifilihiel wed lo et)sntlin 11GWS k3l: Fe Age maw 4 Incy We•e fffilfilil'aelu�wod 1a:) eamnaki PCWs op Mgmuns They shmdd he l•nqmAed by The fewdeal to The IWAT SeMees R : esidents sliall ek)filtlet Glistkffnef selzviee a fainkallia Hi: k3fie day fwitw It) thek� selledliled et)lletnion A,A"eehly eokeelikffl k4 tile lonkfse and seeYelifitt:: Speekil etAleetit)H selzviees may be 1,:won,ided 4) +1111ki Aiffli�y hleihlies Mfseeknoaus SlIolild any Hthel iees and4w ehwges be established by any Hthel� mit4twieed gteVeffifflefilld efnkyn Those lies nadim, ehattes %A he added to the monly Noe sated hoivkiaba:)ve 41 oizdei• that the Gky AMI wayof Me ndlWomM eats Amm to eummHu:: SCHEDULE SWC AND SCHEDULE SWCR COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/2014) 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. Coninie•6al accounts will be bffled niontldy or seniiniontldy. New commercial business development and redevelopment will be provided commercial refuse and recycling services as outlined in the Denton Development Code and Site Plan Criteria Manual. Refuse and recyclables will be collected in city provided or city-approved containers only. Only recyclable materials accepted by the City shall be deposited in the City's recycling containers. The owner/manager of all commercial businesses is responsible for notifying their personnel of proper recycling procedures. The City of Denton has the authority to inspect the contents of any municipal container. Recyclable materials contamination shall not exceed 10%, or the materials will be hauled and billed by the City of Denton as Municipal Solid Waste. App biisnfesses iitfla in# m)n-eily owned slifli e�:)mpiy WkIl 1110 iv(pliFeRl CRIS �)I, 41e City �::)I, Denton Gobeelik)fi kind pentik [2,ale selledide (SWP) and shab t)blain the i�eqiiiized pennit tRe i•eqiiiwfll CRIS �31'11ie seliedide, snotild any �34W• k3es �)I• enai�ges be establislied by any olnei• aiilnoi�i�ned # wei•nmeflt entity; Inose iees will be added It) tile iRk)RIlily Izates Stunted within 111is olelinHfiee, iR fflelff thal the City may I 'killy Ilie addibonal 43es� G:)II11neizeial aeeolints will be WW inontlfly semiinontlfly� Rates and Seen.... (;onfmereial 14eftlse Non e,114 elfslt*nff� (;ofnfHeFeinl FFoiit Load Ser,,,ieen seizviees J)eiz weeln � CY 4onl Load 4, GNL Fionl Load I 25 o5 2 6liwa kial': )1y S154004 S25Q00 S4�:00 9 GV Fiwil Load s I 1500 S2��)Oo 1 S�P200 S6 1:00 S 14100 S29600 I S47Q00 S77:00 (;qmnmereial Side Load Serviees � CY side L�:xld 4, GNL Side 6mid 2 LNIIa I�Illptv S10000 S20600 I S, 4 �2 s 1224)(1 _+ 5252 x)( 1 4 4 Roll OM Openl'o��: and Compnetor Container Serviees selledliled On-Doilland Mk3fillily Refitd cl��, cl��, 15 GV Opefi'Vop �o GV Opefi'Top selzviee Pelz Weeh M�milllly Refitgyp. Mk3fillily GtAleetiofi s I I Q oo I S24 ,00 S26�?� 00 sPkoo S24�00 — S26�00 S15400 --+ S24�00 S26�AW S�W)00 S24500 S26500 S4 I Q00 S24500 — S26500 S49&00 S24500 S26500 S60600 S2454)(i S2654)w N (;qmnmereial (;art Serviec, One Paii� - R efiise and R eeyO �ng 9 Boni sehedided and wi dematid f:n1ffneij,:xfl tAid A'A"wile (N4SW) ek)Weelik)HS, L'Nehldifl# eHflStflfe6keH; Some apiumas N4 Ifflieifmd Sol W Waste hamfl in# We eamlafninadom •mo fmBl nal emeeed 1044 4 to Wed kmd 1a:) (piahly as iaeeyekiWe fnmMW On demand weye4nh[es eqmd 1a:) a:w gwalef Amn W41 eammiantion fnmi he baled n fnKi+nmn of be liaided and billed by the Gaily oi: Defilk)fi HS msw:: 441e Gily of Oefilk)fi Ilas the '11141kMity It) ifisf)eel tile ek)fileflts okniy ek)filtlifiel loemed withiti Oetnoti:s 'A' i III 1110 e on t am i B a ti on 1�eq I I i 1�efn on I S � wh i ell 911a n eN e 0 ed 104,40 Ross and ties Commereial Reeyeling seizviee Level GV Fiwil Load ,S GV Fiwil Load Mamilllly k�,eizy 2 Weehs Weehly seizviee kell�a 6+11pty sei�v�ee NQ MAW 891mo 8444 &' MQ 0 SQT40 N/A ST AN -- Slj�%A Mnpa•m• y 4E)nt ka:md Containei• Sei�v�ee 8 CY 4onl Load GOM4*4ed- Seleet Gof:mlla:Aky smaH Lvent 8 CY C�mila�flei� Niehage ?�� Mofltlfly kental GAleetion Fee G:)Haj,:)SiWe� Nw�aWe beeeptaeles S59:00 8 GV Gofltainel• With I kf:nj)1y SI 1&00 afid ? 8 GY Gmilak ei• Dehvei�y at StandmA 14 mes SI 1&00 pt thk)se Hfetni A'A"heize eal�� ek4letnik)H k avaikible; 'ifflaW fliffifilily AA"afile gefieflitk)fs� genei�aling less 11ma one Me ym• offekse pei,weeh; inay e miii aet A:w a:)nee pci�wccl< em°� sci v�ee:: 10 SWOO 1 S5.0o G:)Haj,:)SiWe� Nw�aWe beeeptaeles S59:00 8 GV Gofltainel• With I kf:nj)1y SI 1&00 afid ? 8 GY Gmilak ei• Dehvei�y at StandmA 14 mes SI 1&00 pt thk)se Hfetni A'A"heize eal�� ek4letnik)H k avaikible; 'ifflaW fliffifilily AA"afile gefieflitk)fs� genei�aling less 11ma one Me ym• offekse pei,weeh; inay e miii aet A:w a:)nee pci�wccl< em°� sci v�ee:: 10 AM mmme mal be e:)nlakied in The em, as The eml so ma Am ea)Heeli )H W) latei Illan 70j Hill:: a:)H The sehoduled etdleelia:)n day:: A innOmn of Amy ems nve nyWable; twa) ivfiise and twa) i•eeyehng� 4Fe east(s) al Sel:Vieed k3fie wme jiel AA,'ee Selzviee abk)a,e this k a,o will fe(Illilze the elicilk)HIef It) sii5sei4be ta) Ik)nt kmd ea:)nlakiei• sei�v�ee:: GmIllnei•eial sei:viee Fees 11) � Iffileeessible Fee 1: H -0 14: e I i y ejy � 12,: e � k) e H I i k3H � POK DAIve, I NOW,* I Immeessible Fee mkii1mim N4a)fltlfl5 GAmte W nk 4 im e Fee jey h maq W I Wd in 15 nda Hus ino,em sale) Saga e IVY sera ,iee Fee (I•eqliesl gains day sei�v�ee al'leia 19 0i &+w) 6)eh lfistallawwi OF We+fIk)Vkfl Whtwge i4sl eaell sel:A"iee) Of 14 0044Y W I watt It al 0 (begins I st in m in) S449 400 0 SSQ�J-4 SSQ�J-4 Ss -0 �X-4 So-, �V-4 S444 -45+ -W SST�Qu FRun Wad I Swe Load Gotarhaef Cleankig Pi" kig Inaw eaell eleafling Qlfal'tel4y Gmilakiei• Peafling SS-J�Gh S em i - Anti I fa � G k3H la i fi elz G ati i a S444004440 On-Demand Gmilakiel Peafling SOWN (ROW) Fees P: -01'1" C a i a el• P:() W Sea; d a Y) N as pasli kig At)fi e Fees Qmt Ond 4s4) Nwkn# ;4:)ne - Initial Galet4w Vem: mt)HIlIly Wenev"al (Sifigle Leattol) Side 63Hd 4s4) Nwkn# ;4:)ne - Initial Galet4w Yom: mk3fillily Refiewal (kejj'j Leatt4l) 11 SIPTOO 84W OWN SSYT�44 Ale MW he ehnged Anwhe del ivei• y ol:a omplakey; IbefdoW on of a eontainei•; oi• i I: In e eontainei� is inaeeessible at Ins 14ne ol'scyvaec:: M 4 Won !�Qgg A nHm Ad y nd a Won eh atte W W b e eh nyged i a MI a awe ml e oin in eiv i a 1 Solid oa s I e e 1: n 9 t 0111 eFs:: %WMI Kne Fee Q cam en In M pap iew I e dh yep wM I so On Ave y ean pWde an ad& d anal sey,Wee to Inn; eu sm u MW he enayged an OwOle WHiting bine I:ee enayged in Alison... -(p ) inniiiie inei�einetns: 441e Solid Waste s. nn,nee +1111st i emye on-dmnandvmo ee fe(Illests phm to I I MQ ni, an The Q sen4ee is deshvd in Key ;) pyow,ide saine day eolleelia:)n sei�vke� Foyle SoWd ANne PefmwonenPs WOMMin tw•avoyM ofeasnNef fan hs:: AnINEve Pay evannineys; n emnfneveial Wid vywo sefyiee depoW is vequiyed:: Payinents 1a:) Ins City Inat afe not peemved by tile dlie date fmillb, in the elfS lane' el�ls dej)t)sit being ineie�ased difling tile fleNt Wng eye-I We deMak inefense vA41 be based iipon the emomefs hillnig nistoi• y:: To omniniie nee" 'nn,nng " " "'smoke" � Ins elfs1k)HIef is se(Iiiiyed It) ymnil tile pye�,iolis inevensed dq)asit enayges:: The Geneial Muragey; Solid Wnsle and Roeyel-ing Smokey op dedymee; inay adjiisl the dej,:)a:)sit based The •eWevv of th e eumnels e•alk hieRmy and atop Who: Hie City MWe hKoneep .a nn eleafling smokes ape n0lable 14 Was and Ode Wd unnmemki eonwken We smoke s arms -' y e ap s mo i e e s I I b SeI4 P 6 k3H la I i s e I ee t ed b y th e e I I s t ofn ef X41 e on e yeap seleeee agpeef:Refil H van he o4f the emomefs its Rip WHf hows� 12 snawd eofmilefeial eofltaifleia eiisl�*IWFS that desiiv 1�:) nave lneii eontainefs eleaned shaH delefinine 1110 filontIfl y milolifn to be billed 1a:) etiell a uu baaauaca whien When 1a:)taled snall e(IIId 1110 filontIfl y I•ateq Slialzed eontainef ek)Weebon selzviees A'A"Ifiell inehide both fekise and izeeyel able s Maw ske MN be SqHwe Whet wRl be payWed Who ebmtes Pled below� snawd cofllaiflei• Fees S(plafe Distfiet RowdendA pelz h ,ing 11nit within tile S(Ilmize Disiliel Of I G u b i e y A o 1: S ei:v i e e (M i n i in i ifn) F of 2 t• fn ofe C I I b i e V a fd s a::) 1" R 0 fi: u Se of P: ee y e ki b 10 9 AIR in i somi YO Fee kw 2 tw fmwe CIA vind 9 I SQ140-05,0 +11.0mill SON45 monill ST&AG fwfcv- I S2:oo it i1foliefty k)WHefS WkIlki tile sqlmize DkIliel may have kifik,kilml blfs4iess e0flt'i4iefs k3H theif P•OPOAY it My ehoose not to Ilse shawd e mnaiflef qci vies� M keeW an eaus ComfROURI I•Aise ea:)Ileebofl SeMees nfe ppoyided thmigh a v�:)Wfne based i•atc sysiefw: AN now eofninefdrA huminess development and •edevelopment will be pi�ovided solid wmasse Pkin G141eiiti NUNIfflk Rellse and feeyOnWes meal be eoHeeled in City appayed of .... My pn:)vided e mnainei•e only:: AN non- G i I y t)wn ed e t)n la i n eizs Shapp 11 a v e a e on t a i n ef fieffn i I , G o I I ee b on an d � �Izan ; al'fixed to the otodde of oneh eankine• in as loemion Int is dem4y v4sible Men Wevved; Amm thke ifont oi: the eoWeelitffi skew 44fe City •eseiws the i�ighi 1a:) fooet iveyel-ing We eanwining any fnatei•ials othef Inan the 13 waste (MSW) and �neiw b�:)th ilie wjeeled i'eeyehng eli�wges as well as assoekiled omnineizei'd S�:)Iid waste disj,:)�:)stfl i�atcs:: Othei� sei�viees may be pi�ovided at 43es eslabhshed by the dep�wtinenl� and aj,:)pi�oved by Ilie Genei�al Managei�:: Pie Ioes eslabhshed will i•omip the eost of sei�vpee �nehiding Ilie speeial qei:vieeq, and adm�nisti�abve sei�viees pn:wkied; and meet slistainability gofls� Slimild any I�oes and4w ehm�ges be established by any mithawi��ed #�:)vemmefilfl efltky� Illose i:ees mid/tw ehai:ges voiW be added It) tile +11t3fitIfly Hite stated heie�itiabkwe iti k)fdel� 41,11 tile Gk y sliall i•eo:)Vff addki�:)mfl eosts 11�olll 1110 eliqtofnei�:: Pie establisliment �:)14ales 4w Pilot Pi�ogi�ams 'A4H be detennined on a basis al'lei" a peik)d �)I' 1411c Omidtieting and evalimling eaeli pn:)gi lm� �Peeial wasto tile 4)FeHWeebwi mid disposfl k4llle A'A"'Isle sel�viee Regm,IvInents kqlf�pmeflt Uses All eqlf�pmeflt fiwnklied by the City; sliall at all bmes be omisWeivd the J,:wopffty 14 Commercial Collection Services Commercial Cart Service One Pair Refuse and Recycling Carts Additional Recycling Cart Commercial Side Load & Front Load Refuse Services 7 fir,W) a 32.00 5 u 5 5o Rates are for one cubic yard of scheduled service. For each classification, multiply the cubic yardage rate by the weekly number of cubic yards of service provided to determine the monthly service charge for scheduled commercial collection service. Commercial Refuse Rates Per Cubic Yard Per Month Commercial Side Load Service Front Load :5 4 Cubic Yard Service Front Load > 4 Cubic Yard Service 6 CY Front Load Compactor Temporary Container Rental Charge Temporary Container Collection Charge Commercial Recycling Rates Per Cubic Yard Per Month 15 .................... r,..b.. 7 r,. S 52.50 ..:115 0 u 115.00 S 2509 S 25 00 5 Q2 S 22 50 .... ...............t1..1....:.t1.5. S 67 5 0 7a 00 so 00 ..:115 0 u 115.00 Front Load :5 4 Cubic Yard Service Front Load > 4 Cubic Yard Service Temporary Container Rental Charge Temporary Container Collection Charge - OCC Temporary Container Collection Charge - Single Stream Special Events Recycling Small Events - 10 Clear Stream (CS) Bags & Holders Dumpster Package - 1 x 8 CY Container, 20 CS, Signs Roll-Off Container Charges Open Top Rental Charge Self Contained Compactor Rental Charge 42 CY Stationary Compactor Rental Charge Roll -Off Container Collection Charge Commercial Service Fees Delivery / Relocation / Inaccessible / Exchange / Extra Service Container Right -of -Way Fee - Per Day Same Day Service Fee (request before 11:00 a.m.) Dumpster Lock Installation & Services Per Month 16 S ...., 21 �2 S 22 50 1&6 S 2025 70 00 S 70 00 0 00 S 52.50 S 9000 S 84 00 a o a 60 00 115 0 u 144.00 S 15400 S 160 00 0 00 S S 6064)w S 620 00 26 00 S 270 00 Per Item S 9000 S 75 00 0 00 S 50 00 S 20 0 SCAEDULE SW (;&D GON S; W IQ G I ICON � DI�CON S� � 44 AT PON; AN 1) DIAN4 (AI � ION M A� Vk P: 1A LS S kR V IG LS (ki'leelive 10/01,P) Pay eansmedam; deeons•edan dem:Aibon; Had •em:)vaiia:)n sites whew the eiisls*nei• •(piests the My 4 Down v p•oyide folkaAl e4eetion seMees lip the foeyefing and muse of The salynged amen vink: Rales afe esablished Af YMM! eoNeeiiami, tpanspotation; and igmeess-ing sen4ees of The Nswd Inatepials and any olnep 1:mfl�ml4 y agwed 11pon Inalelids 1'a:)• whien i•eeyekiWe Had petise inapkets Uneontamiflated C&D Had danamwon) mmulals all The aeeej,:)1ed a:)n a pei� Isms oi• a 4A-vt �� ("onstfuietion5 DemWko, and Deeonstfuietion Rates and Fees 0 .... GV RoN-01f �0 GV RoN-01f Fees ma(ed G&D maleinkfls (GV) ?,n±;pv+eT4W+A741FKd*4JAA Wo�:A/ Othep (ton) Mkeekneous M�mnnly Rentd GAleebon S 11400 MAN SINAOO S26VOO SSYT�44 - S500 SS 15 441e Gily ie3sefveci t4e lnpghl to le eta . G&D k)RdS ek3snainiag Hay +11,11epials olliep 111HR the agpeed 11pon fnatepial 4 as Wnd is F0000d; it WiN he Madled ns mHakyni Wid Nwmasse (NOW) and inew Othe• eofillnei•ial sei�viees may be p•ovided at lees estabhsned by the Sohd Waste Had Reeyeling Depm4ment; and aj)pi•oved by Inn Genepfl Managep� Sohd Waste Had Peeyehng Sei•viees:: 441e lees Sliolild 'lay k)thel iees aad/tw elpwges be established by any k)thel� mit4twieed #t)VeFfl+neR11fl enbtya Those lies and4mv ebmtes wN he added to The monkly we swed NAM ibis mlknaee in Key Aint The City shH41 im:)Vef bin )Se addilia:)mfl e�::)sts In*n the eiisls*nei�:: 17 SCHEDULE SWL PROCESSING AND DISPOSAL SERVICES (Effective 10/01/2014) Municipal Solid Waste Disposal Rates Gate Rate Commercial Rate Wholesale Rate Clean Lumber Special Waste Collection Cubic Yardage Rates - Per Cubic Yard (CY) Uncompacted MSW Compacted MSW Concrete, Block, Brick Other Charges Minimum Gate Charge Unsecured Loads - Per Load Appliances - Per Item Electronics - Per Item Hand Unloading when LF Closed - Charge Per Hour Materials Pull -Off Charge - Per Pull Tire Charges — Each Street Tires < 31" diameter Street Tires > 31" diameter and < 42" diameter Off -road tires and street tires >_ 42" wheel diameter Tires with Rim — Each Street Tires < 31" diameter Street Tires > 31" diameter and < 42" diameter Off -road tires and street tires >_ 42" wheel diameter Sand and Soil - Per Ton (plus sales tax) Screened Sand Select Fill Select Fill - CL Grade Crushed Concrete Sales - Per Ton Rock Sales - Per 1001bs. im Rates Der Ton Per Cubic Yard .... 77 70 .... 27 50 S 44.00 .... .... 2&00 S 25.50 .... .... 2� 00 S 23.00 S .... 2� 00 S 23.00 S .... varies S valies Per Cubic Yard .... 77 70 S "7.567 ..........................& 7 S 820 .... 207 00 .... 25 00 S 25.00 .... 207 00 S 2000 .... S 2000 . S 1500 S 15 00 S .... i 2() .wj S 120.00 S 4000 S 4000 S 164)(j S 1600 S 1000 S 1000 ...................2.()..:.wj S 35 00 S 164)(j S 1600 .... fir,07 00 S 30 00 S 5000 S 50 00 .... 5 25 S 5.25 S .... 2.75. S 3."75 .... 5 50 S 5. 0 .. ........................5..:.wj S 5 .00 Materials Delivery Fee Community Garden Plots Annual Charge per Garden Plot ( 16' x 24') Plots are paid for on a calendar year basis. No proration. Vehicle and Equipment Storage Rates Single Space Leased Annual Rate for Single Space Leased Brtilsit and Green Waste Wht)le wee s1kiffifici Bagged i:• tinbagged groans, leaves sel��,iees S I oo� oo I S 10000 I S 5()ow I S 50 00 S j S 25 00 GHSI�*Befq 'A4111 gwalel• 111an 5,000 111�:)fnlfly tons 111ay 1•eeek,e dil'lei•etn i•ale Stflietif•es 1'iw vai•ied A'AHISle kellet3fles OF ttIffiftinteed delk,elzy vk)�Iffnes� Unseelwed L�Nlds In e�:)Inplklfiee Wi4i state 1�0#14aboflq S�:)Ikl Waste loads Inat ai•e tiu)t adcqiiale�y seeiwed to 1,:•event tlie fnatei•ial 11,ofn 'A4H be en caged an Unseeiwed Load Fee, A121:) � kin e 0 9 ,A,pjflj,jfjeeS fnawli'Retiwed It) e0fitaiti 11GWS OF Izetligefliflts 4W whiell tile elfst0fHeiz pi�t)vides nt) apti l i an e e an 44)f In e a s s oe i a I ed fa a t e14 a � s �� Weell•ofnes lAe" 49ions; fnoflitAws� n,ido:) (pisplays; simn kii• eleetn*ne den,iees; and eei•m n wnlnp'n�4wn�Vee, pizoeessing lzeeyekng .Hid fiklik)SM okkese deviees� nnpll, &lee! Sk24 L, 14)4 and Gnu died Conewte Stfles 441e St)kd Waste Depal4ftiefil May seW eNeess safi(17 sekeel and IZE)4 It) Ilie jiiibk� Na)te: Ciistoinees wisli4 to piwellase kwge V�:)Wfneq ol, S�:)il #1�ealei� 41an 0 Gv's; and kx1d Ineii: g ; 4flqlwaflee eoYCfHgC:: klfgc V:)Wfllc Sfles and 41e 4"tel4ial i•ales enai:ged will •qiiii• 1,:we apl,:woval by 19 life Geneyal Manage, oF (peigme, SAW %we and lleeye-llng ...:�0 sods fmal be exems to the news 14 lie SAW Wasto KeIng 11m: speeird soils will be establkned by 1110 Gonefal Maaagef; St4id Waste and 11) it H FIlle ek)SIS� leeyeling, to t�fby lzeet)Vef Had Othey Wasto Sifemps 44fe aeeoj,:)Ianee by The kmdAM of and the dimposal of speeki wasle �:)y othey wasto k eondki�:)flak Aeeeptaneo �:4 sj,:)eeK! wasie of abef vAme is subjeo to Podwal Had Some laws Had fogiilabofls4 1 My 4 Pountm has The iflu; la YeAve v neeept of dimpose tit spodni asue of Key Amnse m its lyf)e� Hfld affit3iffaci tit Wticile� HS Well as tile YeEllifefneals tow disposal k4 tile waste�� Sueh ehafges shM I he esaW i shed by the Qaeml Imago, 14:4W Wase; of d eign ee:: Mmoh& offhood NY sMe m be Mind Umnee Me ON he sAd at of ab�:)Ht tile estifnated salvage newen hismumns 10 emmi Sale tit; box ns kmd A M smahafge ot (� 0 1, r0 A02) S 1:: 25 pop on is n pn%- Ofm igh ealky will be added It) tile disposal ftlIeS and assessed k3fl: ab Waste delin,eyed to the landlilk Othey kindfill sefvieos that afe not otheywise hsted undop ITs Sdiedtile SWL may be ImiavWod by The Gk y at lees establisned by the Goneml Ndam agmq stwirl.. Vv0sm Siien lees small be established that will Fe0:)VeF the �:)f)ffHwonm eats; advolkiislFRtive 03st" Had nay obey dhiset Of Odom eats ineideal Used Conninef SHIes 44fe Solid Waste Had Peeyehng Pepaytffiefil will sell lised metal ek)snainefs Had iised siiyl�)Ws eal4s Awn On e to OR e; as I ey beem e not Aw e lop sm m 20 SOLID WASTE & RECYCLING SERVICES DEFINITIONS (Effective 10/01/2014) Household Hazardous Waste Residential and multi - family household chemicals should not be placed in your refuse container. They include pesticides, herbicides, cleaning chemicals, paints, oils, etc. Residents shall contact Customer Service to receive curbside collection. The chemicals should be kept in their original containers and placed where requested by the Customer Service staff. Electronic Equipment Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances containing CRT, LED, LCD, plasma, and other electronic displays will be charged fees for the collection, processing, recycling, and disposal of these items. Residential Remodeling Residential remodeling materials include, but are not limited to; lumber, brick, fencing, drywall, and other construction materials. No materials shall exceed 8 feet in length. If the customer has over 4 cubic yards of remodeling materials for collection, the customer is required to utilize a City refuse container of adequate size to contain the materials and maintain a collection service frequency of at least once per month. Residential customers may be provided commercial containers and services at the published commercial rates. Temporary containers may be placed on residential property for up to 30 days. Commercial Cart Collections In areas where commercial cart collection service is available, small quantity waste generators (one cubic yard or less of refuse per week) may contract for weekly cart service. All refuse must be placed 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 will be provided; two refuse and two recycling. Commercial Delivery / Relocation / Inaccessible / Exchange Fee / Extra Service A fee will be charged for container delivery, relocation, inaccessibility, exchange, or extra collection services. Commercial Same -Day Service Fee The Solid Waste Department Customer Service personnel must receive commercial on- demand service requests prior to 11:00 a.m. in order to provide same day collection service. Commercial Deposit Fee A service deposit is required for commercial containers. 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 of Solid Waste and Recycling Services, or designee, may adjust the deposit based upon the review of the customer's credit history and other criteria. 21 Shared Commercial Containers Shared commercial container customers must have at least one cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste & Recycling staff. Commercial Service Requirements Equipment Uses - All equipment furnished by the City shall at all times be considered the property of the City, and not private property. Customers 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 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, customer's agents, employees, or invitees. The City may temporarily replace the size and /or type of equipment contracted with one or more pieces of equipment 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 Customers shall provide an accessible location for the equipment that is safe and provides adequate and legal clearance. Customers will be solely responsible for providing access to the equipment at all times and shall not be relieved of payment of any charges for services contracted for, but not provided by the City because of the customer's failure to maintain continuous specified access to the equipment. The equipment location requires a minimum of 4 feet of clearance around all sides of the equipment, if equipment is not located within an enclosure constructed to the City's standards. No container shall be set closer than 4 feet to any structure. The drive path that the City's service truck takes on the customer's premises must provide a minimum clearance on each side of the City's truck of at least 2 feet. Overhead clearance of 25 feet is required for roll -off containers, and 20 feet for front and side load containers. Failure of the customer to provide and maintain these minimum clearances will result in a discontinuation of their service until full clearance access is provided, and will require the customer to pay any and all damage claims, public and private, resulting from servicing the container. Services required to place the container at another location will be charged to the customer. Container 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. Special Wastes 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 for the collection and disposal of special waste, approved by the General Manager of Solid Waste and Recycling, will be established based on the type of special waste and the regulatory requirements for collection and disposal of the waste 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. 22 Sand, Soil, Rock, and Aggregate Material Sales The Solid Waste Department may sell excess sand, soil, rock, and aggregate materials to the public. Pricing for these materials will be established by the General Manager, Solid Waste and Recycling at a rate to fully recover costs. Sales tax shall be added to the sales price. Salvaged Materials Materials offered for sale at the Second Chance Store will be sold at the approximate salvage value. Landfill Surcharge The current State of Texas assesses a landfill surcharge per (30 TAC 330.602), the surcharge 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. N4i crell nnennc 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 collection and processing 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 solid waste and recycling services performed by the City in servicing single- and multi- family living facilities as well as commercial entities. 23 SECTION 2. The General Manager of Solid Waste and Recycling of the City of Denton, or designee, 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 rules 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 and recycling services rendered by the City of Denton on and after October 1, 2014; 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 , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY 24 CHRIS WATTS, MAYOR C APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 25 ORDINANCE NO. 2014r- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2012 2092013 231 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); AMLN1)1NQ(`1�L �'M-)VISIQNS QF(`I�L 1�1�SMLNTIAL N�IJ)Alf) SLJ�VICL SCUL221,1L (KUL'1)uLL' 10�)) AI)DING Tl�k PW)VIS104S�2 OpTlk� 147'sf[)14S�TIAL Pkk'PAII) slkvwl� scllkl)uLk (SGI w)ukl 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 GI); 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 USQ; 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); Al?I)INGTI�L, N�QVISIQNS QFTI�L' TIaANSMISSIQN CQSTIa1�.'CQVLJ�Y FACTQI� SCI�LMJLL TUF)l 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 WK 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 5.- 1...5..1:. DD Security Lighting 334 DDL Decorative Downtown Lighting 35-5 DSL Non Standard Street Lighting 366 T1 Temporary Service 388 EGR Economic Growth Rider 40.0 GRP GreenSense Energy Efficiency Rebate Pro g ram 4 25 ECA Energy Cost Adjustment 434 RCA Renewable Cost Adjustment 45-5 DGR Distributed Generation From Renewable Sources Rider 4Q47 ............ IWG Independent Wholesale Generator Rider 5.15-9 CGR Commercial Renewable Energy Service Rider 55152 SFR Special Facilities Rider 5.654 DFR Dark Fiber Rate 5755 2 SCHEDULE RES RESIDENTIAL SERVICE (Effective 10/01/141 ) 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; vk 4 (1) Facility Charge Single -Phase Three -Phase WINTER Billing months of November through April $ 8.25/bill $16.50 /bill (2) Energy Charge per billing period First 600 kWh 6 1 900 /kWh Additional kWh 4 11 QOO /kWh All kWh (3) Energy Cost Adjustment Charge See Schedule ECA Transniks�on Cost 1�ec��vely Factor See clie(fiu e T IMF 3 SUMMER Billing months of May through October $ 8.25/bill $16.50 /bill 66 1 SO/kWh See Schedule ECA See Sclie(fi��e'TCI�F II 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. 5 SCHEDULE RG RESIDENTIAL RENEWABLE ENERGY SERVICE RIDER (Effective 10/01/141 ) 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; 1V.S11 INII.� Billing Months of November through April SUMMER Billing Months of May through October (1) Facility Charge $ 8.25 /bill $ 8.25 /bill Three -Phase $16.50 /bill $16.50/bill (2) Energy Charge per billing period First 600 kWh 5 866 I SO/kWh All Additional kWh 1) 04 I I..¢ /kWh All kWh 66 1 SO/kWh (3) Renewable Cost Adjustment Charge See Schedule RCA See Schedule RCA vk 4 31 4) Transniks�on Cost I�ecovery Factor See Sclie(lu�e'TCIU See Sclie(lu�e'TCIU Uffsi►Til 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. P A YMFNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 7 SCHEDULE RPP RESIDENTIAL PREPAID SERVICE (Effective 10/01 /141 ) 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; vk ,4 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 5 866 I SO/kWh Additional kWh Q04 11 All kWh 66 1 .¢ /kWh (3) Energy Cost Adjustment Charge See Schedule ECA See Schedule ECA Transniks�on Cost 1�eg�vely Factor See Sclie(fi��e'TCI�F See Sclie(fi��e'TCI�F n. �� 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. 10 SCHEDULE GSS GENERAL SERVICE SMALL (Effective 10/01 /141 ) APPLICATION The General Service Small (GSS) rate is applicable to any commercial or industrial customer 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 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 (1) Facility Charge plus; plus; vk ,4 Single -Phase $15.80 /bill Three -Phase $21.10 /bill (2) Energy Charge per billing period First 2,500 kWh 7247670/kWh Additional kWh �...7Q4 020 /kWh (3) Energy Cost Adjustment Charge See Schedule ECA (4) Transniks�on Cost 1�ec��vely Factor See Sche(lu�e]'O�F 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 11 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. 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 GSM GENERAL SERVICE MEDIUM (Effective 10/01/141 ) 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 (1) Facility Charge Single -Phase $15.80 /bill Three -Phase $21.10 /bill plus; (2) Demand Charge $4-444,34/kW (all kW) plus; (3) Energy Charge per billing period First 6,000 kWh 4­5-24 „75¢ /kWh Additional kWh 4..,: :743 Q20 /kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA vk 4 (5) Transniks�on Cost Recovery Factor See Sche(lu�e'TCRF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, 13 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 (GM1) 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. 14 15 SCHEDULE GSL GENERAL SERVICE LARGE (Effective 10/01/141 ) 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; vk 1 (1) Facility Charge (2) Demand Charge (3) Energy Charge per billing period First 200,000 kWh Additional kWh (4) Energy Cost Adjustment Charge Transniks�on Cost Pecovery Factor MINIMUM BILLING $65.55 /bill $:. _ _ ") 7/kVA (Minimum of 250 kVA billed) 2..:1..82:..22¢ /kWh 9.. 4 47¢ /kWh See Schedule ECA See Sche(lu�e'TCPF 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, 16 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 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 (GLl) 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. P A YMFNT 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 TGS GENERAL SERVICE TIME OF USE (Effective 10/01/141 ) 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 (1) Facility Charge $76.45 /bill plus; plus; plus; plus; vk 4 (2) On -Peak Demand Charge $4-2- 12 4 2 /kVA (3) Off -Peak Demand Charge $ 4 /kVA (4) Energy Charge per billing period 0.741 0 /kWh (5) Energy Cost Adjustment Charge See Schedule ECA (6) Transniks�on Cost I�ecovery Factor See Sclie(li��e'TCI�F IN 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 -peak 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. 19 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 (TG1) 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 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 (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. P A YMFNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 20 SCHEDULE G2 LOCAL GOVERNMENT SERVICE SMALL (Effective 10/01/141 ) 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 plus; plus; vk ,4 (1) Facility Charge Single -Phase Three -Phase (2) Energy Charge $15.80 /bill $21.10 /bill y 666I)QO /kWh (3) Energy Cost Adjustment Charge See Schedule ECA (4) Transniks�on Cost I�ec��vely Factor See Sclie(lu�e'TCI�F 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, 21 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. P A YMFNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 22 SCHEDULE GI LOCAL GOVERNMENT SERVICE (Effective 10/01 /141 ) 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 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 (1) Facility Charge Single -Phase $15.80 /bill Three -Phase $21.10 /bill plus; (2) Demand Charge $7-49 6/kW plus; (3) Energy Charge ¢ /kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA vk ,4 (5) Transniks�on Cost Rec��vely Factor See Sche(lu�e'TCRF 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; 23 (2) 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 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. P A YMFNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 24 SCHEDULE WK WEEKEND SERVICE (Effective 10/01 /141 ) 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 $20.86 /bill $26.08 /bill 7 I0/kW (First 20 kW not billed) .. 7::247670/kWh �...7Q4 20 /kWh 71)2 1)60 /kWh See Schedule ECA MINIMUM BILLING 25 plus; (1) Facility Charge (2) 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 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. P A YMFNT 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 AF ATHLETIC FIELD (Effective 10/01/141 ) 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 Single -Phase $21.07 /bill Three -Phase $31.60 /bill plus; (2) Energy Charge per billing period Billing months of June through September: ( ) � ",���1.¢ /kWh Pea 2:00 PM to 7:00 PM � Off Peak All Other Hours 44-04,a I..¢ /kWh Billing months of October through May: All hours 44-04,3 1 0/kWh plus; plus: (3) Demand Charge Billing months of June through September: Peak (2:00 PM - 7:00 PM) $5.0874/kW Off Peak (All Other Hours) $1.:2.()2 „7/kW Billing months of October through May: All hours $1.2027/kW (4) Energy Cost Adjustment Charge See Schedule ECA 27 (5) Transniks�on Cost I�ec��vely Factor See Sclie(lu�e'TCIU 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. SCHEDULE LS STREET LIGHTING (Effective 10/01/14 ) APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE plus; (1) Facility Charge Rate Luminalre 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 $5.2953 /bill $7.4 984 /bill ............ $9.111118 /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. 29 SCHEDULE LT TRAFFIC LIGHTING (Effective 10/01/141 ) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHLY RATE plus; P:U J .n (1) Energy Charge per billing period , : :76 030 /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. 30 SCHEDULE UFL UNMETERED SCHOOL ZONE /CROSSING FLASHERS (Effective 10/01/141 ) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered school zone /crossing flashers. NET ANNUAL RATE plus; vk 4 (1) Energy Charge per billing period ,. 766 030 /kWh (2) Energy Cost Adjustment Charge See Schedule ECA (a) Transniks�on Cost Pegwely Factor See Sclie(lu�e'TCPF 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 31 The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. SCHEDULE ULT UNMETERED TRAFFIC LIGHTING (Effective 10/01/141 ) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered traffic signals. NET ANNUAL RATE plus; vk 4 (1) Energy Charge per billing period , : :76 030 /kWh (2) Energy Cost Adjustment Charge See Schedule ECA (a) Transniks�on Cost Pegwely Factor See Sche(lu�e'TCPF 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. 32 PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 33 SCHEDULE USC UNMETERED SECURITY CAMERA (Effective 10/01/143) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered security cameras. NET ANNUAL RATE plus; plus; vk ,4 (1) Facility Charge $444416 Q6 (2) Energy Charge 5 66 030 /kWh (Z� 4) Energy Cost Adjustment Charge See Schedule ECA (A) Transniks�on Cost Pegwely Factor See Sclie(lu�e'TCPF 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. 34 PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 35 SCHEDULE LO OTHER LIGHTING (Effective 10/01/141 ) 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. nFFMITTnN 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) 6 030 /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 36 6 030 /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. P A YMFNT 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 DD SECURITY LIGHTING (Effective 10/01/14 ) 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 $ 8.5474/bill DSB 250 W Sodium Vapor $11..5/bill DSC 400 W Sodium Vapor $13.2PQ2/bill DHA 250 W Metal Halide $i,1-9-713.5Q /bill DHB 400 W Metal Halide $�-5 1 6 1 Q/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. to 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 N4-PNT 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 DDL DOWNTOWN DECORATIVE LIGHTING (Effective 10/01/141: �) 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 $4.1434 /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. IN SCHEDULE DSL NON - STANDARD STREET LIGHTING (Effective 10/01/141 ) 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; (1) Facility Charge $8-24 74/bill (2) Energy Charge ,. 766 030 /kWh Energy Charge = (kWh Rate) x (Bulb Wattage Factor) plus; (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 Municipal Code requirements. Additional contractual arrangements between the City and the 41 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. 42 SCHEDULE TI TEMPORARY SERVICE (Effective 10/01/141 ) 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 $15.80 /bill Three -Phase $21.10 /bill plus; (2) Energy Charge per billing period 7.32700/kWh plus; vk 4 (3) Energy Cost Adjustment Charge See Schedule ECA 4) Transniks�on Cost 1�ecovery Factor See Sclie(lu�e'TCU 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 x kWh Rate 43 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. .. SCHEDULE EGR ECONOMIC GROWTH RIDER (Effective 10/01/141 ) PURPOSE 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 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. M SCHEDULE GRP GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM (Effective 10/01/14 ) 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. 47 SCHEDULE ECA ENERGY COST ADJUSTMENT (Effective 10/01/14 ) 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 M. 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 10/01/1 �4) 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 CALCULATION Where: RCA = ECA + [(Projected Renewable Energy Cost) / (Projected kWh sales)] Projected Renewable Energy Cost = Actual + Projected REC cost 50 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. 51 SC I IE DU LETC RF TRANSMISSION COSTPLOWLRY FACTOR (L11'ective 10/01/14) 'l(ANSMISSI(-)NC(-)S'�'l(L,C(-)VL,l(Y AA( '�'(-)I liALANCIN(rACC(-)I- 1A '�'CALCI-ILA'�'1(-)N FOU Annmd liffling (&qm� nlontldy j2et'Fc()5 bffli'ngamounts charged by LRC( F transmission s�lv� 121mWers to DMLI) 112gvases or Decreases PUCT amwove(ITCOS bffl(nuamount charues to LP COTuti � i ties) TRANSMISSION COSTPLOWLRY FACTOR CALCULATION FOU Rate Ckiss AHocation Amount (TOU Annmd liffling) � (Plde�te�j I�atc Ckiss Mll Usagg)] � (]'�:�td Pnje�te�j L�sagg forffl Rate cklsscs) TRANSMISSION COSTPLOWLRY FACTOR CHARGL, The'Fransmission Cost Recovery Eactor Charge sluffl be based gn pjxje�ted b yh for each rate cklss- 52 RA L Rcs�dcnti,d l< Wh x FOU Rate Crenend Scrv4c6; Simffl l< Wh x FOU Rate Crenend Scrv�cc Mc(fimn l< W x TC R F Rate Crenend Savacc Larg� l< VA x FOU Rate Crenend Scry cc'Fhnc ol'Use . l< . VA x FOU Rate Loud Government Scrv�cc Simffl l< Wh x FOU Rate Loud Government Scrv�cc . l< W x FOU Rate Wccl<cn(i Scrv�cc l< W x FOU Rate FDM)�:)rary &nWc l< Wh x FOU Rate AtIdetic Fackl l< Wh x FOU Rate Traffic L4ghtj1CVg l< Wh x FOU Rate Non Fraffic L�gjitjng l< Wh x FOU Rate 53 SCHEDULE DGR DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (Effective 10/01/14 ) 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. 54 METERING 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 ��:u , r ��r 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. 55 SCHEDULE IWG INDEPENDENT WHOLESALE GENERATOR (Effective 10/01/14 ) 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 (ERGOT) 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. 56 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. 57 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. IWI SCHEDULE CGR COMMERCIAL RENEWABLE ENERGY SERVICE RIDER (Effective 10/01/14 ) 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 59 Or: 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. We SCHEDULE SFR SPECIAL FACILITIES RIDER (Effective 10/01/14 ) (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. 61 SCHEDULE DFR DARK FIBER (Effective 10/01/141 ) 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 GUIDELINES (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. DTSC OT TNTS Special discounts will be applied for fiber pairs to the same location, and for fiber pairs for long- term 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. 62 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. 63 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, 2014 �...:�; 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 , 20134. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY e, I � 1� IS W A TT , MAYOR ORDINANCE NO. 2014 -XXX AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 2013 -235 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 SEVERABIL,ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 10/01/14) 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 RATE BLOCK PER 30 DAYS 0- 15,000 gals 15,001- 30,000 gals 30,001 - 50,000 gals Over 50,000 gals Per Rill $ 13.85 $ 18.40 $ 23.85 $ 30.35 Rate Per 1.000 Gallons WINTER Billing months of NOV. through APRIL $ 3.80 $ 3.80 $ 3.80 $ 3.80 oil SUMMER Billing months of MAY through OCT. $ 3.80 $ 5.50 $ 7.40 $ 9.75 MONTHLY RATES (WROI — WATER SERVICE OUTSIDE CORPORATE LIMITS MONTHLY RATE Rate Per 1,000 Gallons (1) Facility Charge Per Bill 3/4 inch Meter $ 15.90 1 inch Meter $ 21.15 1 -1/2 inch Meter $ 27.40 2 inch Meter $ 34.90 (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 $4.35 $4.35 15,001- 30,000 gals $4.35 $6.35 30,001 - 50,000 gals $4.35 $8.50 Over 50,000 gals $4.35 $11.20 MONTHLY RATES (WRI) — METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4 inch Meter $13.85 1 inch Meter $18.40 1 -1/2 inch Meter $23.85 2 inch Meter $30.35 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV through MAY through 0- 15,000 gals $3.80 $5.50 15,001- 30,000 gals $3.80 $7.40 Over 30,000 gals $3.80 $9.75 3 MONTHLY RATES (WRIOI — METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4 inch Meter $15.90 1 inch Meter $21.15 1 -1/2 inch Meter $27.40 2 inch Meter $34.90 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER 0- 15,000 gals 15,001- 30,000 gals Over 30,000 gals MINIMUM BILLING Facility Charge Billing months Billing months NOV through MAY through $4.35 $6.35 $4.35 $8.50 $4.35 $11.20 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 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. 5 SCHEDULE WC COMMERCIAL /INDUSTRIAL WATER SERVICE RATE (Effective 10/01/14) 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 $22.60 $27.05 $32.05 $42.60 $91.70 $180.30 $247.55 $345.70 $495.35 (2) Volume Charge $4.15 per 1,000 gallons CO 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 $26.00 $31.10 $36.85 $49.00 $105.45 $207.35 $284.70 $397.55 $569.65 $4.75 per 1,000 gallons Per Bill $22.60 $27.05 $32.05 $42.60 $91.70 $180.30 $247.55 $345.70 $495.35 Rate Per 1.000 Gallons WINTER Billing months of NOV. through APRIL $4.15 MONTHLY RATE (WCIO) - IRRIGATION (1) Facility Charge Per Bill 3/4 inch Meter $26.00 1 inch Meter $31.10 1 -1/2 inch Meter $36.85 2 inch Meter $49.00 3 inch Meter $105.45 4 inch Meter $207.35 6 inch Meter $284.70 8 inch Meter $397.55 10 inch Meter $569.65 7 SUMMER Billing months of MAY through OCT. $5.50 (2) Volume Charge MINIMUM BILLING Facility Charge PAYMENT Rate Per 1,000 Gallons WINTER Billing months of NOV. through $4.75 SUMMER Billing months of MAY through $6.35 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. SCHEDULE WFH METERED WATER FROM FIRE HYDRANT (Effective 10/01/14) 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 $5.20 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 $101.30 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. I SCHEDULE WW WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/14) 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: $256.50 per bill $0.50 per 1,000 gallons $593,402 per MGD (Annual) 12 (Paid Monthly) As determined 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 10/01/14) 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: $0.4771 per 1,000 gallons PAYMENT Denton shall render bills by the tenth (10th) 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 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. 12 SCHEDULE WCL WHOLESALE RAW WATER PASS - THROUGH TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (Effective 10/01/14) 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 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. 13 WATER TAP AND METER FEES (Effective 10/01/14) 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 lap Meter Paved Street Unpaved Street 1 inch 5/8 inch x 3/4 inch $2,405.00 $1,605.00 1 inch 3/4 inch x 3/4 inch $2,545.00 $1,645.00 1 inch 1 inch $2,575.00 $1,675.00 2 inch 1 -1/2 inch $3,070.00 $2,070.00 2 inch 2 inch $3,080.00 $2,080.00 WATER METER FEES Ci7e 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 14 WATER LINE TAPS Size of Tap Paved Street Unpaved Street 1 inch $2,100.00 $1,300.00 2 inch $2,400.00 $1,400.00 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 determined 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 10/01/14) 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 Installation Fee PnIff-d Ctl'PPt $6,200.00 FEES FOR INSTALLATIONS NOT LISTED Unpaved Street $4,300.00 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 10/01/14) 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), (Total Coliform, E. coli) $20.00 Colilert Quantitray (MPN), (Total Coliform, E. coli) $25.00 Colilert Quantitray (MPN), (Fecal Coliform) $25.00 Heterotrophic Plate Counts (HPC) $25.00 Records Search —per hour $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 10/01/14) 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 10/01/14) 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. W. 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, 2014; 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY CHRIS WATTS, MAYOR 19 2014. ORDINANCE NO.2014 -xxx AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 2013 -234; 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 COMMERCIALANDUSTRIAL 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 STORM DRAINAGE FEES SCHEDULE (SCHEDULE SD); ADDING THE STORMWATER REINSPECTION FEE- NON - RESIDENTIAL (SCHEDULE SDI): 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 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 3 G 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 1 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 SDI Stormwater Reinspection Fee 41 Special Facilities Rider 42 Special Conditions Rider 42 oil SCHEDULESR RESIDENTIAL WASTEWATER SERVICE (Effective 10/01/14) 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 $10.35/bill (2) Volume Charge $3.95/1,000 gallons effluent MONTHLY RATES (SRO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $11.90/bill (2) Volume Charge $4.60/1,000 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 Usage 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 $10.35/bill $3.95/1,000 gals SRNO Outside Corporate Limits $11.90/bill $4.60/1,000 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. 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. 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 10/01/14) 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 $25.70/bill (2) Volume Charge $4.00/1,000 gallons effluent MONTHLY RATE (SMHO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $29.55/bill (2) Volume Charge $4.60/1,000 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 CI 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 (1) Facility Charge (2) Volume Charge SMNI Inside Corporate Limits $25.70/bill $4.00/1,000 gals SMNO Outside Corporate Limits $29.55/bill $4.60/1,000 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 10/01/14) 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 $25.70/bill (2) Volume Charge $5.0011,000 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 annlicable (A) Sampling charge per sample site (each) $60.00 (B) Analysis charge (per test) Actual cost per test (C) Violation demand sampling charge per sample site: Four -Part Grab $170.00 /each First Day of Composite Sampling $110.00 Additional Day Composite Sampling $50.00 /each I MONTHLY RATE (SCO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $29.55/bill (2) Volume Charge $ 5.65/1,000 gallons effluent Billing based on ninety (90 %) percent of monthly water consumption. MINIMUM BILLING Facility Charge VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .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 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 10 MONTHLY RATE (SCNI/SCNO) - WITHOUT CITY OF DENTON WATER SERVICE (1) Facility Charge (2) Volume Charge SCNI Inside Corporate T ;m;+v $25.70 /bill SCNO Outside Corporate T ;m;+v $29.55/bill $5.0011,000 gals $ 5.65/1,000 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. MINIMUM 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. 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) (A) Sampling charge per sample site (each) $60.00 (B) Analysis charge (per test) Actual cost per test (C) Violation demand sampling charge per sample site: Four -Part Grab $170.00 /each First Day of Composite Sampling $110.00 Additional Day Composite Sampling $50.00 /each 11 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. 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 10/01/14) 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 $ 26.00 1" Meter $ 31.10 1 -1/2" Meter $ 36.85 2" Meter $ 49.00 3" Meter $105.45 4" Meter $207.35 6" Meter $284.70 8" Meter $397.55 10" Meter $569.65 (2) Volume Charge $5.0011,000 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 provided subject to the Special Facilities Rider. 13 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. Formula: Actual Water volume x Rate per 1,000 gallons 1,000 14 SCHEDULESCS COMMERCIAL /INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB - METERS), WATER EXCLUDED FROM WASTEWATER BILLING (Effective 10/01/14) 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 $ 26.00 1" Meter $ 31.10 1 -1/2" Meter $ 36.85 2" Meter $ 49.00 3" Meter $105.45 4" Meter $207.35 6" Meter $284.70 8" Meter $397.55 10" Meter $569.65 (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/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 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. 16 SCHEDULESCH SEPTAGE & CHEMICAL TOILET DISPOSAL AT THE PECAN CREEK WATER RECLAMATION PLANT SEPTAGE TRANSFER STATION (Effective 10/01/14) 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. P.W-IVN (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 $5.80/bill $37.20/1,000 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. W. SCHEDULE SEE EQUIPMENT SERVICES FACILITIES AND RESTAURANTS & FOOD SERVICE ESTABLISHMENTS WASTEWATER SERVICE (Effective 10/01/14) 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 (NAILS) 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 $25.70/bill (2) Volume Charge $6.80/1,000 gallons effluent Billing based on ninety (90 %) percent of monthly water consumption. Plus PRETREATMENT / PROGRAM CHARGES (As Appl (SEA) (A) Categorical $400/bill (SEB) (B) Non- categorical $50 /bill The appropriate Pretreatment/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) (A) Sampling charge per sample site (each) $60.00 (B) Analysis charge (per test) Actual cost per test (C) Violation demand sampling charge per sample site: Four -Part Grab $170.00 /each First Day of Composite Sampling $110.00 Additional Day Composite Sampling $50.00 /each 19 "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 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 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 -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 20 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: Water volume x .90 x Rate per 1,000 gallons 1,000 21 SCHEDULE SM METERED WASTEWATER INSIDE AND OUTSIDE CORPORATE LIMITS (Effective 10/01/14) 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 Plus (1) Facility Charge (2) Volume Charge SMI Inside Corporate Limits $317.45/bill SMO Outside Corporate Limits $365.10/bill $5.0011,000 gals $5.65/1,000 gals (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) (A) Sampling charge per sample site (each) $60.00 (B) Analysis charge (per test) Actual cost per test (C) Violation demand sampling charge per sample site: Four -Part Grab $170.00 /each First Day of Composite Sampling $110.00 Additional Day Composite Sampling $50.00 /each WASTEWATER SURCHARGE 22 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]) 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/l, 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 SCHEDULESGE SALE OF TREATED WASTEWATER EFFLUENT (Effective 10/01/14) 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 $ 22.60 $ 27.05 $ 32.05 $ 42.60 $ 91.70 $180.30 $247.55 $345.70 $495.35 $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. Formula: Effluent volume x Rate per 1,000 gallons 1,000 25 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGENCY, DIVISION, OR SUBDIVISION (Effective 10/01/14) 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) (A) Sampling charge per sample site (each) $60.00 (B) Analysis charge (per test) Actual cost per test (C) Violation demand sampling charge per sample site: Four -Part Grab $170.00 /each First Day of Composite Sampling $110.00 Additional Day Composite Sampling $50.00 /each 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 formula: 26 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 Vu .M Bu B Su S 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/1, 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/1, whichever is greater. 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 10/01/14) 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. W. LOCATION All Dyno Dirt products may be purchased from the City of Denton at the following location: Lornti On A ddress 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 10/01/14) 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: $44.00 /ton 4. Whole trees and stumps $50.00 /ton MINIMUM CHARGE $25.00 per load Professional landscapers, tree trimmers, and yard maintenance personnel are required to bring their grass, brush, or leaves (all collectible yard waste) to the landfill, and are not permitted 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 SCHEDULEST WASTEWATER TAP AND MANHOLE FEES (Effective 10/01/14) 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 10/01/14) 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 FACIL,TY PERMIT FEES (Effective 10/01/14) 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 10/01/14) 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 by the permittee on all vehicles operating within the city limits of Denton and upon all containers 34 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 Service Fee Container Fee Per Cubic Yard, per container (if applicable) Right -of -Way Fee Per Cubic Yard, per Container, per Month (if applicable) Waste manifests per book of 100 Paid Annually $200.00 Per Vehicle $400.00 Paid Annually $4.00 Paid Monthly $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 31st , for the upcoming calendar year beginning January I" 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 I" 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. W. SCHEDULE SD STORM DRAINAGE FEES (Effective 10/01/14) APPLICATION Applicable to all 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 or water quality impacts 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) Per Bill $ 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 M SCHEDULE SDI STORMWATER REINSPECTION FEE (Effective 10/01/14) APPLICATION Applicable to active construction or land disturbing activities located within the incorporated limits of the City of Denton, Texas. The Stormwater Reinspection Fee is charged to operators or designated representatives of projects where land disturbing activity is occurring, including new construction, demolition, and redevelopment. MI FEW Reinspection fees for initial or periodic inspection resulting in non - compliance, notices of violation and /or stopwork orders. Fees may be waived at discretion of the inspector for minor noncompliance issues. Fee: $150.00 /site inspection 41 SPECIAL FACILITIES RIDER (Effective 10/01/14) (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 10/01/14) 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. 42 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, 2014, 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 , 2014 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 43 CHRIS WATTS, MAYOR ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2013 -230. 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 SERVICES; PROVIDING FOR AMENDMENTS TO THE RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES RATES; PROVIDING COMMERCIAL REFUSE AND RECYCLING COLLECTION SERVICES RATES; PROVIDING PROCESSING AND DISPOSAL SERVICES RATES; PROVIDING SOLID WASTE & RECYCLING SERVICES DEFINITIONS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; 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 ............................. 2 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES ............................ 3 PROCESSING AND DISPOSAL SERVICES ............................................ ............................... 5 SOLID WASTE AND RECYCLING SERVICES DEFINITIONS .......... ............................... 7 1 RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/2014) Residential collection services accounts are defined as: A single - family detached dwelling unit, each unit of a duplex or triplex, or any single unit or living space in which an individual or single family resides. Carts are collected weekly. All refuse must be bagged when placed within the refuse cart and the lid must be fully closed. Recycling materials should not be bagged when placed in the recycling cart and the lid must be fully closed. All carts must be placed at the curb by 7:00 a.m. on the scheduled collection day. Residential accounts are billed monthly. Residential Collection Services Small Refuse & Recycling Cart Standard Refuse & Recycling Cart Large Refuse & Recycling Cart Additional Large Refuse Cart Monthlv Rate $ 26.00 $ 26.75 $ 32.00 $ 26.50 To receive any of the following residential services, residents shall contact Customer Service a minimum of one day prior to their scheduled collection day. Service Fees Excess Refuse - per cart reload and empty Yard Waste - per cubic yard, in excess of 4 cubic yards Large Household Item - per item, in excess of 4 items per year Appliances and Electronics Residential Remodeling - per CY - (4 CY maximum) Cart change out fee - for next service day E $ 7.00 $ 7.00 $ 7.00 $ 20.00 $ 20.00 $ 65.00 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/2014) 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. Commercial accounts will be billed monthly or semimonthly. New commercial business development and redevelopment will be provided commercial refuse and recycling services as outlined in the Denton Development Code and Site Plan Criteria Manual. Refuse and recyclables will be collected in city provided or city- approved containers only. Only recyclable materials accepted by the City shall be deposited in the City's recycling containers. The owner /manager of all commercial businesses is responsible for notifying their personnel of proper recycling procedures. The City of Denton has the authority to inspect the contents of any municipal container. Recyclable materials contamination shall not exceed 10 %, or the materials will be hauled and billed by the City of Denton as Municipal Solid Waste. Commercial Collection Services Commercial Cart Service One Pair Refuse and Recycling Carts Additional Recycling Cart $ 32.00 $ 5.50 Commercial Side Load & Front Load Refuse Services Rates are for one cubic yard of scheduled service. For each classification, multiply the cubic yardage rate by the weekly number of cubic yards of service provided to determine the monthly service charge for scheduled commercial collection service. Commercial Refuse Rates Per Cubic Yard Per Month Commercial Side Load Service Front Load :5 4 Cubic Yard Service Front Load > 4 Cubic Yard Service 6 CY Front Load Compactor Temporary Container Rental Charge Temporary Container Collection Charge Commercial Recycling Rates Per Cubic Yard Per Month Front Load :5 4 Cubic Yard Service Front Load > 4 Cubic Yard Service 3 $ 32.50 $ 25.00 $ 22.50 $ 67.50 $ 80.00 $ 115.00 $ 22.50 $ 20.25 Temporary Container Rental Charge Temporary Container Collection Charge - OCC Temporary Container Collection Charge - Single Stream Special Events Recycling Small Events - 10 Clear Stream (CS) Bags & Holders Dumpster Package - 1 x 8 CY Container, 20 CS, Signs Roll-Off Container Charges Open Top Rental Charge Self Contained Compactor Rental Charge 42 CY Stationary Compactor Rental Charge Roll -Off Container Collection Charge Commercial Service Fees Delivery / Relocation / Inaccessible / Exchange / Extra Service Container Right -of -Way Fee - Per Day Same Day Service Fee (request before 11:00 a.m.) Dumpster Lock Installation & Services Per Month M $ 70.00 $ 52.50 $ 84.00 $ 60.00 $ 144.00 $ 160.00 $ 430.00 $ 620.00 $ 270.00 Per Item $ 75.00 $ 10.00 $ 50.00 $ 20.00 PROCESSING AND DISPOSAL SERVICES (Effective 10/01/2014) Municipal Solid Waste Disposal Rates Gate Rate Commercial Rate Wholesale Rate Clean Lumber Special Waste Collection Cubic Yardage Rates - Per Cubic Yard (CY) Uncompacted MSW Compacted MSW Concrete, Block, Brick Other Charges Minimum Gate Charge Unsecured Loads - Per Load Appliances - Per Item Electronics - Per Item Hand Unloading when LF Closed - Charge Per Hour Materials Pull -Off Charge - Per Pull Tire Charges — Each Street Tires < 31" diameter Street Tires > 31" diameter and < 42" diameter Off -road tires and street tires >_ 42" wheel diameter Tires with Rim — Each Street Tires < 31" diameter Street Tires > 31" diameter and < 42" diameter Off -road tires and street tires >_ 42" wheel diameter Sand and Soil - Per Ton (plus sales tax) Screened Sand Select Fill Select Fill - CL Grade Crushed Concrete Sales - Per Ton Rock Sales - Per 1001bs. Materials Delivery Fee - Minimum Charge Per Load 5 Rates per Ton $ 44.00 $ 28.50 $ 23.00 $ 23.00 $ varies Per Cubic Yard $ 7.80 $ 8.20 $ 5.00 $ 25.00 $ 20.00 $ 20.00 $ 15.00 $ 120.00 $ 40.00 $ 8.00 $ 10.00 $ 35.00 $ 16.00 $ 30.00 $ 50.00 $ 4.25 $ 3.75 $ 4.50 $ 8.00 $ 5.00 $ 100.00 Community Garden Plots Annual Charge per Garden Plot (16' x 24') Plots are paid for on a calendar year basis. No proration. Vehicle and Equipment Storage Rates Single Space Leased Annual Rate for Single Space Leased 0 $ 50.00 $ 25.00 $ 250.00 SOLID WASTE & RECYCLING SERVICES DEFINITIONS (Effective 10/01/2014) Household Hazardous Waste Residential and multi - family household chemicals should not be placed in your refuse container. They include pesticides, herbicides, cleaning chemicals, paints, oils, etc. Residents shall contact Customer Service to receive curbside collection. The chemicals should be kept in their original containers and placed where requested by the Customer Service staff. Electronic Equipment Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances containing CRT, LED, LCD, plasma, and other electronic displays will be charged fees for the collection, processing, recycling, and disposal of these items. Residential Remodeling Residential remodeling materials include, but are not limited to; lumber, brick, fencing, drywall, and other construction materials. No materials shall exceed 8 feet in length. If the customer has over 4 cubic yards of remodeling materials for collection, the customer is required to utilize a City refuse container of adequate size to contain the materials and maintain a collection service frequency of at least once per month. Residential customers may be provided commercial containers and services at the published commercial rates. Temporary containers may be placed on residential property for up to 30 days. Commercial Cart Collections In areas where commercial cart collection service is available, small quantity waste generators (one cubic yard or less of refuse per week) may contract for weekly cart service. All refuse must be placed 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 will be provided; two refuse and two recycling. Commercial Delivery / Relocation / Inaccessible / Exchange Fee / Extra Service A fee will be charged for container delivery, relocation, inaccessibility, exchange, or extra collection services. Commercial Same -Day Service Fee The Solid Waste Department Customer Service personnel must receive commercial on- demand service requests prior to 11:00 a.m. in order to provide same day collection service. Commercial Deposit Fee A service deposit is required for commercial containers. 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 of Solid Waste and Recycling Services, or designee, may adjust the deposit based upon the review of the customer's credit history and other criteria. 7 Shared Commercial Containers Shared commercial container customers must have at least one cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste & Recycling staff. Commercial Service Requirements Equipment Uses - All equipment furnished by the City shall at all times be considered the property of the City, and not private property. Customers 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 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, customer's agents, employees, or invitees. The City may temporarily replace the size and /or type of equipment contracted with one or more pieces of equipment 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 Customers shall provide an accessible location for the equipment that is safe and provides adequate and legal clearance. Customers will be solely responsible for providing access to the equipment at all times and shall not be relieved of payment of any charges for services contracted for, but not provided by the City because of the customer's failure to maintain continuous specified access to the equipment. The equipment location requires a minimum of 4 feet of clearance around all sides of the equipment, if equipment is not located within an enclosure constructed to the City's standards. No container shall be set closer than 4 feet to any structure. The drive path that the City's service truck takes on the customer's premises must provide a minimum clearance on each side of the City's truck of at least 2 feet. Overhead clearance of 25 feet is required for roll -off containers, and 20 feet for front and side load containers. Failure of the customer to provide and maintain these minimum clearances will result in a discontinuation of their service until full clearance access is provided, and will require the customer to pay any and all damage claims, public and private, resulting from servicing the container. Services required to place the container at another location will be charged to the customer. Container 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. Special Wastes 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 for the collection and disposal of special waste, approved by the General Manager of Solid Waste and Recycling, will be established based on the type of special waste and the regulatory requirements for collection and disposal of the waste 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. 0 Sand, Soil, Rock, and Aggregate Material Sales The Solid Waste Department may sell excess sand, soil, rock, and aggregate materials to the public. Pricing for these materials will be established by the General Manager, Solid Waste and Recycling at a rate to fully recover costs. Sales tax shall be added to the sales price. Salvaged Materials Materials offered for sale at the Second Chance Store will be sold at the approximate salvage value. Landfill Surcharge The current State of Texas assesses a landfill surcharge per (30 TAC 330.602), the surcharge 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. N4i crell nnennc 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 collection and processing 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 solid waste and recycling services performed by the City in servicing single- and multi- family living facilities as well as commercial entities. 9 SECTION 2. The General Manager of Solid Waste and Recycling of the City of Denton, or designee, 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 rules 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 and recycling services rendered by the City of Denton on and after October 1, 2014; 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 , 2014. CHRIS WATTS, MAYOR 10 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 11 ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2013 -231 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); AMENDING 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); ADDING THE PROVISIONS OF THE TRANSMISSION COST RECOVERY FACTOR SCHEDULE (SCHEDULE TCRF); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABIL,ITY 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 WK 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 TCRF Transmission Cost Recovery Factor 47 DGR Distributed Generation From Renewable Sources Rider 49 IWG Independent Wholesale Generator Rider 51 CGR Commercial Renewable Energy Service Rider 54 SFR Special Facilities Rider 56 DFR Dark Fiber Rate 57 2 SCHEDULE RES RESIDENTIAL SERVICE (Effective 10/01/14) 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; 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 6.18¢ /kWh Additional kWh 4.11 0/kWh All kWh 6.18¢ /kWh (3) Energy Cost Adjustment Charge See Schedule ECA See Schedule ECA (4) Transmission Cost Recovery Factor See Schedule TCRF See Schedule TCRF 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. 11 SCHEDULE RG RESIDENTIAL RENEWABLE ENERGY SERVICE RIDER (Effective 10/01/14) 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; 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 6.18¢ /kWh All Additional kWh 4.11 0/kWh SUMMER Billing Months of May through October $ 8.25 /bill $ 16.50 /bill All kWh 6.18¢ /kWh (3) Renewable Cost Adjustment Charge See Schedule RCA See Schedule RCA (4) Transmission Cost Recovery Factor See Schedule TCRF See Schedule TCRF 5 Y■e 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. P A YMFNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 31 SCHEDULE RPP RESIDENTIAL PREPAID SERVICE (Effective 10/01/14) 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; 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 6.18¢ /kWh Additional kWh 4.11 0/kWh All kWh 6.18¢ /kWh (3) Energy Cost Adjustment Charge See Schedule ECA See Schedule ECA (4) Transmission Cost Recovery Factor See Schedule TCRF See Schedule TCRF 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. n. SCHEDULE GSS GENERAL SERVICE SMALL (Effective 10/01/14) APPLICATION The General Service Small (GSS) rate is applicable to any commercial or industrial customer 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 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 (1) Facility Charge plus; plus; plus; Single -Phase Three -Phase (2) Energy Charge per billing period First 2,500 kWh Additional kWh (3) Energy Cost Adjustment Charge (4) Transmission Cost Recovery Factor MINIMUM BILLING $15.80 /bill $21.10 /bill 7.67¢ /kWh 4.02¢ /kWh See Schedule ECA See Schedule TCRF 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. P A YMFNT 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 10/01/14) 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 (1) Facility Charge Single -Phase $15.80 /bill Three -Phase $21.10 /bill plus; plus; plus; plus; (2) Demand Charge (3) Energy Charge per billing period First 6,000 kWh Additional kWh (4) Energy Cost Adjustment Charge (5) Transmission Cost Recovery Factor MINIMUM BILLING $4.34/kW (all kW) 4.75 ¢ /kWh 3.92¢ /kWh See Schedule ECA See Schedule TCRF 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 11 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 (GM1) 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 10/01/14) 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 (1) Facility Charge plus; plus; plus; plus; (2) Demand Charge (3) Energy Charge per billing period First 200,000 kWh Additional kWh (4) Energy Cost Adjustment Charge (5) Transmission Cost Recovery Factor $65.55 /bill $9.75 /kVA (Minimum of 250 kVA billed) 2.22¢ /kWh 1.27¢ /kWh See Schedule ECA See Schedule TCRF 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 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 (GLl) 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 10/01/14) 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 (1) Facility Charge $76.45 /bill plus; plus; plus; plus; plus; (2) On -Peak Demand Charge $12.42/kVA (3) Off -Peak Demand Charge $2.45 /kVA (4) Energy Charge per billing period 0.74¢ /kWh (5) Energy Cost Adjustment Charge See Schedule ECA (6) Transmission Cost Recovery Factor See Schedule TCRF 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 -peak 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 (TG1) 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 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 (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 10/01/14) 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 plus; (4) Transmission Cost Recovery Factor MINIMUM BILLING $15.80 /bill $21.10 /bill 6.99¢ /kWh See Schedule ECA See Schedule TCRF 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 In 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. 19 SCHEDULE GI LOCAL GOVERNMENT SERVICE (Effective 10/01/14) 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 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 (1) Facility Charge Single -Phase $15.80 /bill Three -Phase $21.10 /bill plus; (2) Demand Charge $7.36/kW plus; (3) Energy Charge 3.38¢ /kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA plus; (5) Transmission Cost Recovery Factor See Schedule TCRF 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. P A YMFNT 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 10/01/14) 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 plus; plus; plus; plus; (1) Facility Charge MINIMUM BILLING plus; (1) Facility Charge (2) Demand Charge 22 Single -Phase $20.86 /bill Three -Phase $26.08 /bill (2) Demand Charge $7.10/kW (First 20 kW not billed) (3) Energy Charge per billing period First 2,500 kWh 7.67¢ /kWh Next 3,500 kWh 4.02¢ /kWh Additional kWh 2.96¢ /kWh (4) Energy Cost Adjustment Charge See Schedule ECA (5) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING plus; (1) Facility Charge (2) Demand Charge 22 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. P A V N4-PNT 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 10/01/14) 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 Single -Phase $21.07 /bill Three -Phase $31.60 /bill plus; plus; plus: plus; (2) Energy Charge per billing period Billing months of June through September: Peak (2:00 PM to 7:00 PM) 8.61 ¢ /kWh Off Peak (All Other Hours) 4.31 0/kWh Billing months of October through May: All hours 4.31 0/kWh (3) Demand Charge Billing months of June through September: Peak (2:00 PM - 7:00 PM) $5.34/kW Off Peak (All Other Hours) $1.27 /kW Billing months of October through May: All hours $1.27 /kW (4) Energy Cost Adjustment Charge See Schedule ECA (5) Transmission Cost Recovery Factor See Schedule TCRF 24 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 10/01/14) APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE plus; (1) Facility Charge Rate Luminalre 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 $5.53 /bill $7.84/bill $9.87/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 10/01/14) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHLY RATE plus; plus; (1) Energy Charge per billing period 6.03¢ /kWh (2) Energy Cost Adjustment Charge See Schedule ECA (3) Transmission Cost Recovery Factor See Schedule TCRF 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 10/01/14) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered school zone /crossing flashers. NET ANNUAL RATE (1) Energy Charge per billing period plus; (2) Energy Cost Adjustment Charge plus; (3) Transmission Cost Recovery Factor ENERGY CHARGE 6.03 ¢ /kWh See Schedule ECA See Schedule TCRF 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. P A YMFNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. SCHEDULE ULT UNMETERED TRAFFIC LIGHTING (Effective 10/01/14) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered traffic signals. NET ANNUAL RATE plus; plus; (1) Energy Charge per billing period 6.03¢ /kWh (2) Energy Cost Adjustment Charge See Schedule ECA. (3) Transmission Cost Recovery Factor See Schedule TCRF 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. 29 SCHEDULE USC UNMETERED SECURITY CAMERA (Effective 10/01/14) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered security cameras. NET ANNUAL RATE plus; plus; plus; (1) Facility Charge $16.96 (2) Energy Charge 6.03¢ /kWh (3) Energy Cost Adjustment Charge See Schedule ECA (4) Transmission Cost Recovery Factor See Schedule TCRF 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 10/01/14) 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. nFFMITTnN 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) 6.03 ¢ /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 Li_ ting) plus; (1) Energy Charge per billing period (2) Energy Cost Adjustment Charge 31 6.03 ¢ /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. P A YMFNT 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 10/01/14) 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 $ 8.74 /bill DSB 250 W Sodium Vapor $11.55 /bill DSC 400 W Sodium Vapor $13.92 /bill DHA 250 W Metal Halide $13.59 /bill DHB 400 W Metal Halide $16.19 /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 N4-PNT 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 10/01/14) 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 $4.34 /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 10/01/14) 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 $8.74/bill (2) Energy Charge 6.03¢ /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 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. 36 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 TI TEMPORARY SERVICE (Effective 10/01/14) 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 $15.80 /bill Three -Phase $21.10 /bill plus; plus; plus; (2) Energy Charge per billing period 7.70¢ /kWh (3) Energy Cost Adjustment Charge See Schedule ECA (4) Transmission Cost Recovery Factor See Schedule TCRF 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 x kWh Rate to 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 10/01/14) PURPOSE 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 IN 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 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. 41 SCHEDULE GRP GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM (Effective 10/01/14) 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 10/01/14) 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 10/01/14) 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 CALCULATION Where: RCA = ECA + [(Projected Renewable Energy Cost) / (Projected kWh sales)] Projected Renewable Energy Cost = Actual + Projected REC cost CL 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. .o SCHEDULE TCRF TRANSMISSION COST RECOVERY FACTOR (Effective 10/01/14) The Transmission Cost Recovery Factor (TCRF) rate shall be set by the Public Utilities Board (PUB) effective October 1, 2014. Thereafter, the TCRF rate shall be reviewed on a monthly basis and adjusted by the Public Utilities Board as defined below to recover the costs of transmission service within the boundaries of the Electric Reliability Council of Texas (ERGOT) region which are billed and charged to Denton Municipal Electric (DME). Transmission rates included in the TCRF shall be the net Transmission Cost of Service (TCOS) billed to DME as calculated, which net TCOS is also billed and distributed to all ERCOT utilities by ERGOT, as such TCOS rates are approved by the Public Utility Commission of Texas (PUCT). TRANSMISSION COST RECOVERY FACTOR BALANCING ACCOUNT CALCULATION The TCRF shall be calculated using the following formula: TCRF Annual Billing = (Actual monthly net TCOS billing amounts charged by ERCOT transmission service providers to DME) + (Projected Increases or Decreases PUCT- approved TCOS billing amount charges to ERCOT utilities) The General Manager, DME, or his /her designee shall calculate the TCRF Balancing Account monthly. The TCRF billed amount will be calculated monthly and adjusted accordingly by annualizing the PUCT- approved TCOS billing amounts for the current calendar year. The total TCRF Annual Billing shall be allocated to DME's various rate classes based on projected kWh sales for that rate class. The TCRF charge will be developed by DME for each applicable customer billing schedule herein, based on projected kWh sales for billing schedules without a demand component and on monthly peak kW for billing schedules with a demand component. TRANSMISSION COST RECOVERY FACTOR CALCULATION TCRF Rate Class Allocation Amount = [(TCRF Annual Billing) x (Projected Rate Class kWh Usage)] / (Total Projected Usage for all Rate Classes). TRANSMISSION COST RECOVERY FACTOR CHARGE The Transmission Cost Recovery Factor Charge shall be based on projected kWh consumption for each rate class: 47 RATE Residential General Service Small General Service Medium General Service Large General Service Time of Use Local Government Service Small Local Government Service Weekend Service Temporary Service Athletic Field Traffic Lighting Non - Traffic Lighting kWh x TCRF Rate kWh x TCRF Rate kW x TCRF Rate kVA x TCRF Rate kVA x TCRF Rate kWh x TCRF Rate kW x TCRF Rate kW x TCRF Rate kWh x TCRF Rate kWh x TCRF Rate kWh x TCRF Rate kWh x TCRF Rate M. SCHEDULE DGR DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (Effective 10/01/14) 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. .. METERING 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. 50 SCHEDULE IWG INDEPENDENT WHOLESALE GENERATOR (Effective 10/01/14) 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 (ERGOT) 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. 51 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. 52 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. 53 SCHEDULE CGR COMMERCIAL RENEWABLE ENERGY SERVICE RIDER (Effective 10/01/14) 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 54 Or: 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. 55 SCHEDULE SFR SPECIAL FACILITIES RIDER (Effective 10/01/14) (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. 56 SCHEDULE DFR DARK FIBER (Effective 10/01/14) 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 GUIDELINES (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. DTSC OT TNTS Special discounts will be applied for fiber pairs to the same location, and for fiber pairs for long- term 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. 57 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. WWI 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, 2014 ; 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 , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY in APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY in 59 CHRIS WATTS, MAYOR City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I N71" N Legislation Text File #: ID 14 -0411, Version: 1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 W. Roark Survey, Abstract No. 1087, J. Severe Survey, Abstract 1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey, Abstract No. 1343, all in Denton County, Texas, generally located along a line running west to east, commencing at U.S. Highway 377 adjacent to the Fort Worth Drive Substation and continuing to the west right of way line of F. M. 1830 City of Denton, Texas. 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. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) [ID 14 -0412] City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I N71" N Legislation Text File #: ID 14 -0391, Version: 1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of certain real property interests located in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas, being a fee interest in land, regarding a certain 10.372 acre tract of land located generally north of Blagg Road and east of Geesling Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines facilities, structures, and substations. Consultation with the City's attorneys regarding legal issues associated with the acquisition of land 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. (Denton Municipal Electric Arco Substation Project). City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN71"ON Legislation Text File #: ID 14 -0399, Version: 1 Agenda Information Sheet SUBJECT Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive competitive public power information and competitive financial information from staff in the form of a proposed operating budget for Denton Municipal Electric ( "DME ") for FY 2014 -2015, including without limitation, revenues, expenses, commodity volumes, and commitments; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN71"ON File #: ID 14 -0403, Version: 1 Legislation Text Agenda Information Sheet SUBJECT 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 rule 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 Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 11EN"1, IN File #: ID 14 -0419, Version: 1 DEPARTMENT: CM/ ACM: Date: Legal Anita Burgess August 5, 2014 Legislation Text Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the legal consequences of negotiation and extensions of non - annexation agreements in areas of the City's extraterritorial jurisdiction, and provide the City's attorneys with direction, 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 or legal proceedings. BACKGROUND OPTIONS RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION /REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0419, Version: 1 Respectfully submitted: (Name of Director) (Title) Prepared by: (Name) (Title) City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 11EN"1 ON File #: ID 14 -0420, Version: 1 DEPARTMENT: CM/ ACM: Date: Legal City Attorney August 5, 2014 Legislation Text Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice - versa; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. BACKGROUND OPTIONS RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION /REVIEW (Council, Boards, Commissions) FISCAL INFORMATION City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0420, Version: 1 BID INFORMATION EXHIBITS Respectfully submitted: (Name of Director) (Title) Prepared by: (Name) (Title) City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN71"ON Legislation Text File #: ID 14 -0389, Version: 1 Agenda Information Sheet SUBJECT Presentation to the Denton Public Library from the Internal Revenue Service- Education and Communication Division. City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN TON Legislation Text File #: ID 14 -0283, Version: 1 Agenda Information Sheet SUBJECT National Health Center Week City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN71"ON File #: ID 14 -0282, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Receive a citizen report from Brian McCarter regarding the creation of a Zero Waste Team in Denton. City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 14 -0407, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Receive a citizen report from Gerald DeMarsh regarding lack of response from the Denton Police Department. City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN", IN File #: ID 14 -0293, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, granting the Blues Festival a three -year exception, 2014, 2015, and 2016, to the limitations imposed by Section 17 -20 of the Code of Ordinances of the City of Denton, Texas, granting an increase from 70 to 75 dba loudspeaker amplification and increased hours for three consecutive years, that being: September 20, 2014, 1:00 p.m. until 10:30 p.m. and September 21, 2014, 1:00 p.m. until 8:30 p.m.; September 19, 2015, 1:00 p.m. until 10:30 p.m. and September 20, 2015, 1:00 p.m. until 8:30 p.m.; September 17, 2016, 1:00 p.m. until 10:30 p.m. and September 18, 2016, 1:00 p.m. until 8:30 p.m.; and setting an effective date. Staff recommends approval of the request. BACKGROUND The Denton Black Chamber of Commerce is hosting the 16 ' Annual Denton Blues Festival featuring blues bands, singers, food booths, youth activities, and arts and crafts. The purpose of the event is to attract visitors from out of state, and the surrounding area, and to strive to promote a sense of community. Five thousand people are expected to attend to listen to conventional blues music performed by national and local artists. RECOMMENDATION Staff recommends approval of a three -year noise exception for the Denton Blues Festival. PRIOR ACTION /REVIEW Since 2004, the City Council has approved the yearly request for a variance to the noise ordinance for the Denton Blues Festival. This is the first time Denton Blues Festival has requested a three -year noise exception. FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS 1. Letter of request from the Denton Black Chamber of Commerce 2. Proposed Ordinance Respectfully Submitted: City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0293, Version: 1 Emerson Vorel Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Kerry Goree Chairman Reggie Hill President Ron Johnson Secretary John Baines Treasurer Robert Hicks Board Member Sheryl English Board Member Mark Courts Board Member Connie Baker Board Member A member of the Texas Association of African American Chambers of Commerce AfWtaaacC ora A member of the National Association of African American Chambers of Commerce wwwwAw iruaM,a 9.22[9 Exhibit 1 DENTON BLACK CHAMBER OF COMMERCE June 18, 2014 Janie McLeod Community Events Coordinator City of Denton 601 E. Hickory, Suite B Denton, TX 76205 Dear Janie, The Denton Black Chamber of Commerce is requesting the sale of alcohol at our 16th Annual Denton Blues Festival, which will be held September 20 -21, 2014 in the Quakertown Park. We are also requesting a three -year exception to the Noise Ordinance and an increase in decibels to 75. The dates are September 20 -21, 2014; September 19- 20, 2015; and September 17 -18, 2016. The Festival is scheduled to begin at 1:00 p.m. and end at 10:30 p.m. on each Saturday, and begin at 1:00 p.m. and end at 8:30 p.m. on each Sunday. Please let me know if you need further information. You can reach me at 940 - 367 -6679. Sincerely, Robin Myles Event/Vendor Coordinator P.O. Box 51026 — Denton, Texas 76206 Phone(940)382 -9100 Fax (940) 382 -9695 Email: info @dentonblackchamber.org EXHIBIT #2 \ \CODAD \Departments \Legal \Our Documents \Ordinances \14 \Blues Festival exemption from noise ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE BLUES FESTIVAL A THREE -YEAR EXCEPTION, 2014, 2015, AND 2016, TO THE LIMITATIONS IMPOSED BY SECTION 17 -20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, GRANTING AN INCREASE FROM 70 TO 75 DBA LOUDSPEAKER AMPLIFICATION AND INCREASED HOURS FOR THREE CONSECUTIVE YEARS, THAT BEING: SEPTEMBER 20, 2014, 1:00 P.M. UNTIL 10:30 P.M. AND SEPTEMBER 21, 2014, 1:00 P.M. UNTIL 8:30 P.M.; SEPTEMBER 19, 2015, 1:00 P.M. UNTIL 10:30 P.M. AND SEPTEMBER 20, 2015, 1:00 P.M. UNTIL 8:30 P.M.; SEPTEMBER 17, 2016, 1:00 P.M. UNTIL 10:30 P.M. AND SEPTEMBER 18, 2016, 1:00 P.M. UNTIL 8:30 P.M.; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to §17-20 of the Code of Ordinances of the City of Denton, Texas, the Blues Festival has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loudspeakers from Monday through Saturday after 10:00 p.m. and at any time on Sunday, in connection with the Blues Festival annual event held at the Quakertown Park, has requested a three -year exception be granted for 2014, 2015 and 2016, to the limitations imposed by section 17 -20 of the code of ordinances of the City of Denton, Texas, granting an increase from 70 to 75 dba loudspeaker amplification and increased hours of operation, that being: September 20, 2014, 1 p.m. until 10:30 p.m. and September 21, 2014, 1 p.m. until 8:30 p.m.; September 19, 2015, 1 p.m. until 10:30 p.m. and September 20, 2015, 1 p.m. until 8:30 p.m.; September 17, 2016, 1 p.m. until 10:30 p.m. and September 18, 2016, 1 p.m. until 8:30 p.m. WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, the Blues Festival has consistently demonstrated over the past 15 years an ability to responsibly operate amplified loudspeakers in connection with the Blues Festival annual event held at Quakertown Park, at times past the hours defined in § 17 -20 of the Code of Ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an noise exception for this annual event for three-consecutive years, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Pursuant to §17-20 of the Code of Ordinances, the Blues Festival is hereby granted a three -year exception, 2014, 2015 and 2016, to said section's 10:00 p.m limitation from Monday through Saturday and prohibition on Sunday, and the operation of amplified loudspeakers, subject to the conditions listed below: 1. This exception to the limitations imposed by section 17 -20 of the code of ordinances of the city of Denton, Texas, is granted only in connection with the operation of the Blues Festival annual event at Quakertown Park, and allows an increase from 70 to 75 dba loudspeaker amplification and increased hours for three consecutive years, that being: September 20, 2014, 1 p.m. until 10:30 p.m. and September 21, 2014, 1 p.m. until 8:30 p.m.; September 19, 2015, 1 p.m. until 10:30 p.m. and September 20, 2015, 1 p.m. until 8:30 p.m.; September 17, 2016, 1 p.m. until 10:30 p.m. and September 18, 2016, 1 p.m. until 8:30 p.m. 2. The Blues Festival agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event. 3. The Blues Festival agrees to cease using amplified loudspeakers at 10:30 p.m. on Saturday and at 8:30 p.m. on Sunday. 4. Under no circumstances shall the annual event employ the use of amplified loudspeakers past 10:30 p.m. on Saturday or Sunday. 5. Under no circumstances shall the annual event employ the use of amplified loudspeakers that exceed 75 dba when measured from the perimeter of the source as measured by an approved measuring instrument. 6. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compensation, for any reason at all, or for no reason. 7. This ordinance shall be strictly construed as an exception granted pursuant to § 17 -20 of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby disclaims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded. PASSED AND APPROVED this the day of ATTEST: JENNIFER WALTERS, CITY SECRETARY CHRIS WATTS, MAYOR 2014. Page 2 of 3 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY B Y: �-/4 Page 3 of 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN", IN File #: ID 14 -0330, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $15,000 of in -kind services for the 16 ' Annual Blues Festival to be held in Quakertown Park on September 20 -21, 2014; and providing an effective date. BACKGROUND The Denton Black Chamber of Commerce requests the City's participation as a sponsor as in previous years. Various City departments have provided in -kind services and resources including staff, equipment, supplies, and facilities. The Blues Festival is organized by the Black Chamber of Commerce and community volunteers. The event estimates approximately 5,000 attendees and 30 vendors. PRIOR ACTION /REVIEW The City has provided support for the 2011, 2012, and 2013 Blues Festival. In the 2014 budget, the City Council approved $16,580 in Hotel/Motel Occupancy Tax (HOT) funds for the Blues Festival. FISCAL INFORMATION An estimated cost to provide the requested in -kind services and facilities is $13,486. The total cost of in -kind services, facilities, and HOT Funds is $30,066, for which the City is recognized as a sponsor at a level equal to the in -kind value. EXHIBITS 1. In -Kind Services and Resources 2. Proposed Ordinance Respectfully submitted: Emerson Vorel, Director Prepared by: Janie McLeod City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0330, Version: 1 Community Events Coordinator City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit 1 In -Kind Services and Resources Blues Festival 2013 Actual 2014 Proposed Police - overtime $4,260 Police - overtime $4,260 Rental fee for park for two days $3,000 Rental fee for park for two days $3,000 Park staff during event and overtime $2,763 Park staff during event and overtime $2,763 Park equipment $743 Park equipment $743 * Potential Lost Revenue from Civic Center Rental $2,720 * Potential Lost Revenue from Civic Center Rental $2,720 Total In -Kind Services $13,486 Total In -Kind Services $13,486 HOT Funds $16,580 HOT Funds $16,580 Grand Total $30,066 Grand Total $30,066 * The Civic Center is not available for rental when large festivals are held in Quakertown Park. Weekday rental rate: $1,360 x 2 days. Exhibit 2 1lcodadldepartmcntsllegallour documentslordinances\l41blues festival sponsorship.dou ORDINANCE NO. AN ORDINANCE APPROVING A CITY SPONSORSHIP IN AN AMOUNT NOT TO EXCEED $15,000.00 OF IN -KIND SERVICES FOR THE 16TH ANNUAL BLUES FESTIVAL TO BE HELD IN QUAKERTOWN PARK ON SEPTEMBER 20 -21, 2014; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Blues Festival, is requesting the City of Denton to participate as a sponsor, at the same level as in previous years, for the event to be held in Quakertown Park on September 20 -21, 2014; and WHEREAS, the City of Denton has sponsored up to $15,000.00 of in -kind services for the 2011, 2012 and 2013 events which included Police, rental of the park, park staff and the use of park equipment; and WHEREAS, in exchange for the said support the City of Denton was considered to be an event sponsor of the said event at a sponsorship level equal to the value of the in -kind service tendered; and WHEREAS, the City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $15,000.00 of in -kind services for the event to be held in Quakertown Park on September 20 -21, 2014; NOW, THEREFORE, 00,M '1fs� SECTION 1. The City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $15,000.00 of in -kind services, including but not limited to Police, rental of the park, park staff and the use of park equipment and the said participation is hereby approved. SECTION 2. This ordinance shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. CHRIS WATTS, MAYOR llcodadldcparhnentsllegallour documentslordinances1141blues festival sponsorship.dou ATTEST: JENNIFER WALTERS, CITY SECRETARY L:1M APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ze�� 111011- - City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com lI ENI "ON File #: ID 14 -0401, Version: 1 Legislation Text AGENDA INFORMATION SHEET AGENDA DATE: August 5, 2014 DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr. SUBJECT Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Denton Blues Festival on September 20 -21, 2014, 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 recommend approving the request with a vote of 6 -0. BACKGROUND The Black Chamber of Commerce has submitted a letter that includes a request to be the sole participant allowed to sell alcoholic beverages at the two -day Blues Festival held in Quakertown Park, September 20 -21, 2014. Council has approved similar requests to sell alcohol at the Blues Festival in Quakertown Park since 2007. RECOMMENDATION Staff recommends approval of the proposed resolution and agreement, which is consistent with previous cosponsored events. PRIOR ACTION /REVIEW (Council, Boards, Commissions) The Parks, Recreation and Beautification Board recommended approval of the request at the July 7, 2014, meeting with a vote of 6 -0. FISCAL INFORMATION None EXHIBITS 1. Letter of Request from the Denton Black Chamber of Commerce 2. Excerpt of Parks, Recreation and Beautification Board Minutes of July 7, 2014 3. Proposed Resolution and Agreement Respectfully submitted: Emerson Vorel Director of Parks and Recreation City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0401, Version: 1 Prepared by: Janie McLeodCommunity Events Coordinator City of Denton Page 2 of 2 Printed on 8/1/2014 powo and by I ogiFfl ar nvl Kerry Goree Chairman Reggie Hill President Ron Johnson Secretary John Baines Treasurer Exhibit 1 DENTON BLACK CHAMBER OF COMMERCE June 18, 2014 Janie McLeod Community Events Coordinator City of Denton 601 E. Hickory, Suite B Denton, TX 76205 Robert Hicks Board Member Dear Janie, Sheryl English Board Member The Denton Black Chamber of Commerce is requesting the sale of alcohol at our A member of the 16th Annual Denton Blues Festival, which will be held September 20 -21, 2014 in Mark Courts Board Member the Quakertown Park. Connie Baker Board Member We are also requesting a three -year exception to the Noise Ordinance and an Chambers of increase in decibels to 75. The dates are September 20 -21, 2014; September 19- Commerce 20, 2015; and September 17 -18, 2016. The Festival is scheduled to begin at 1:00 NEYERMAUR9113 p.m. and end at 10:30 p.m. on each Saturday, and begin at 1:00 p.m. and end at A member of the 8:30 p.m. on each Sunday. Please let me know if you need further information. You can reach me at 940 - 367 -6679. P.O. Box 51026 — Denton, Texas 76206 Phone(940)382 -9100 Fax(940)382 -9695 Email; info @dentonblackchamber.org Sincerely, A member of the ........ Texas Association of „�,� .m...... �, �� ,.... African American Chambers of Robin Myles Commerce EventNendor Coordinator NEYERMAUR9113 A member of the National Association of African American Chambers of Commerce W&MURAICA90 P.O. Box 51026 — Denton, Texas 76206 Phone(940)382 -9100 Fax(940)382 -9695 Email; info @dentonblackchamber.org Exhibit 2 EXCERPT from DRAFT MINUTES PARKS, RECREATION AND BEAUTIFICATION BOARD July 7, 2014 Civic Center Community Room After determining that a quorum of the City of Denton, Texas, Parks, Recreation and Beautification Board is present, the Chair of the Board thereafter convened into an open meeting on Monday, July 7, 2014, at 6:00 p.m. in the Denton Civic Center, 321 E. McKinney Street, Denton, Texas. Members Present: Russ Stukel, Chair; Alex Lieban, Paul Leslie, Vicki Byrd, Maria Renner and Janet Shelton. Staff present: Emerson Vorel, Julie Leal, Jim Mays, John Schubert, Janie McLeod OPEN MEETING ACTION ITEM: Consider a Request from the Denton Black Chamber of Commerce to Sell Alcoholic Beverages at the 16th Annual Blues Festival The Denton Black Chamber of Commerce has requested to be the sole participant allowed to sell alcoholic beverages at the 16th Annual Blues Festival held in Quakertown Park on Saturday, September 20, 2014, from 1:00 p.m. until 10:30 p.m., and Sunday, September 21, 2014, from 1:00 p.m. to 8:30 p.m. The Black Chamber of Commerce, sponsor of the Blues Festival, will be responsible for obtaining the temporary license and insurance and providing security for the event. They expect to have 5,000 people in attendance to hear conventional Blues with national and local Blues artists performing. Staff recommends approval of the request, which is consistent with agreements for previous events. MOTION: Renner made a motion to approve; Shelton seconded, and the motion passed, 6 -0. Meeting adjourned at 7:25 p.m. Exhibit 3 \ \codad \departments \legal \our documents \resolutions \l4 \blues festival alcohol sell.docx RESOLUTION NO. A RESOLUTION ALLOWING THE BLACK CHAMBER OF COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE BLUES FESTIVAL SEPTEMBER 20 -21, 2014, 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. WHEREAS, the City of Denton ( "City ") is the owner of the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages is allowed in the Quakertown Park pursuant to City of Denton Code, §22 -32 (b); and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Blues Festival; and WHEREAS, the Black Chamber of Commerce (called "Chamber ") has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Blues Festival September 20 -21, 2014; and WHEREAS, the Parks, Recreation, and Beautification Board has recommended that the Chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the City agrees with the recommendation of the Parks, Recreation, and Beautification Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Chamber shall be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 20 -21, 2014 at the Quakertown Park upon the following conditions: I. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _� e:\ users \108214 \appdata \local \microsoft \windows \temporary internet files \content .outlook \pu3md6jt \blues festival alcohol contract.doe QUAKERTOWN PARK AGREEMENT FOR THE BLUES FESTIVAL STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this day of , 2014, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and the Black Chamber of Commerce, (called "CHAMBER "). WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to CHAMBER the exclusive privilege to distribute /sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the Blues Festival September 20 -21, 2014 to be held at Quakertown Park. This privilege does not extend beyond the date of the Blues Festival for the year 2014. ARTICLE 2 SCOPE OF SERVICES CHAMBER in order to exercise the privilege to distribute /sell alcoholic beverages must perform the following: A. CHAMBER shall be solely responsible for the rental and payment for any booth space necessary for the distribution/sale of alcoholic beverages at the Blues Festival. B. CHAMBER shall be solely responsible to obtain any temporary license and permit necessary for the distribution/sale of alcoholic beverages at the Blues Festival. C. CHAMBER shall be solely responsible for the obtaining and paying for any security necessary for their distribution/sale of alcoholic beverages at the Blues Festival. CHAMBER'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of distributing /selling alcoholic beverages at the Blues Festival. ARTICLE 3 LOCAL RULES AND REGULATION CHAMBER agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Quakertown Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. CHAMBER shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the distribution/sale of alcoholic beverages. CHAMBER will exercise reasonable care and due diligence in their distribution/sale of alcoholic beverages at the Blues Festival. ARTICLE 4 INDEMNITY AGREEMENT CHAMBER shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of CHAMBER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, CHAMBER shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor /Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City -owned property where alcohol will be provided or served. Blues Festival — Page 2 C. CHAMBER shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and CHAMBER. In such event, CHAMBER shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTY T N NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CHAMBER: Black Chamber of Commerce Kerry Goree, Chairman P.O. Box 51026 Denton, TX 76206 To CITY: CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and (1) exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Blues Festival — Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, CHAMBER shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL CHAMBER represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY CHAMBER shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Blues Festival — Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CHAMBER has executed this Agreement through its duly authorized undersigned officer on this the day of , 2014. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: BLACK CHAMBER OF COMMERCE I: WITNESS: : Blues Festival — Page 5 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com l I EN ",I N File #: ID 14 -0317, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Economic Development CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving an Amendment to the Project Plan for Tax Increment Finance Zone Number 1 (Downtown TIF) by adding examples of certain types of projects which may facilitate economic development, and providing an effective date. (The TIF Board No. 1 recommends approval 5 -0). BACKGROUND On December 7, 2010, the City Council of Denton, Texas passed Ordinance No. 2010 -316, which established Tax Increment Financing Reinvestment Zone Number 1 (Downtown TIF) as authorized by Chapter 311 of the Texas Code; and established a Project Plan for the Downtown TIF as authorized by section 311.011 of the Texas Code. Proposed changes are in Exhibit D, on page 8, adding the following: "Pursuant to the Texas Local Government Code, section 272.001, the City of Denton may utilize City -owned property that is located in a reinvestment zone to facilitate economic projects which the City and TIF Board deem appropriate and desirable. The City may acquire, lease, sell or otherwise transfer property to accomplish the public purpose of economic development that is consistent with the Project Plan. Such projects may include public - private partnerships, transit - oriented developments, or the recruitment of specific industries including, but not limited to, hi -tech or emerging technology companies, local start -up businesses, artesian or "maker" industries, the creative sector, bakeries, microbreweries, micro - distilleries, wineries, grocery stores, or other industries that the TOF Board and the City Council deem desirable." RECOMMENDATION Staff recommends approval. PRIOR ACTION /REVIEW (Council, Boards, Commissions) The TIF Board reviewed the changes on June 27, 2014 and recommends approval 5 -0. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0317, Version: 1 FISCAL INFORMATION There is no fiscal impact to the City. EXHIBITS 1. Project Plan with proposed changes (highlighted in Exhibit D, page 8) 2. Ordinance Respectfully submitted: Aimee Bissett Economic Development Director Prepared by: Julie Glover Economic Development Program Administrator City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO THE PROJECT PLAN FOR TAX INCREMENT FINANCE ZONE NUMBER 1 (DOWNTOWN TIF) BY ADDING EXAMPLES OF CERAIN TYPES OF PROJECTS WHICH MAY FACILITATE ECONOMIC DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute an Amendment (the "Amendment ") to the Project Plan for Tax Increment Finance Zone Number 1 (Downtown TIF No. 1) in substantially the form of the Amendment, which is attached hereto and made a part of this ordinance for all purposes. SECTION 2. The City Manager, or his designee, is authorized to exercise the City of Denton's rights and duties as set forth in the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 5 APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: �,�,�,C'' zm,�,� PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY PREI PROJECT PLAN December 2010 Tax Increment Financing Reinvestment Zone No. I City of Denton, Texas SCHRADER & CLINE, LLC George R. Schrader Larry D. Cline 4800 Broadway, Ste A Addison, TX 75001 972 -661 -1973 schcli(a),swbell.net PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY The City of Denton, Texas proposes to establish a Tax Increment Financing Reinvestment Zone ( "TIF ") for the purpose of dedicating the increase in tax revenue generated within the TIF to provide funds for public infrastructure to encourage accelerated development and redevelopment in the downtown area of the City. The TIF consists of approximately 225.73 acres and is more fully described in Project Plan Exhibit A. The City is creating this TIF to encourage accelerated development and redevelopment in this area of the City in an effort to stimulate new higher value, higher density development which would benefit and be incentivized from the proposed public infrastructure improvements. It is expected that the TIF will exist for thirty (30) years or the date when all project costs are paid, whichever comes first. As set forth in Section 311.011 of the Tax Increment Financing Act of the Texas Tax Code Ann., the Project Plan for Tax Increment Financing Reinvestment Zone No. 1, Denton, Texas must and does include the following elements: 1. A map showing existing uses and conditions of real property in the TIF and a map showing proposed improvements to and proposed use of the property. ■ The boundaries of the TIF are shown on the map labeled Project Plan Exhibit: B; ■ Project Plan Exhibit: C shows existing land use within the TIF. Currently, the area is generally developed but contains less than ten percent residential. ■ Project Plan Exhibit: D lists and defines the public improvements being proposed for the TIF; ■ Project Plan Exhibit: E shows anticipated Future Land Use within the TIF. 1 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances. ■ Any changes to codes, ordinances, or master plan as a result of the creation of the TIF will be made through the standard process and procedures of the City. 3. A list of estimated non - project costs. ■ Non - project costs within the TIF are those development costs not paid for by the TIF. These costs will include, but are not limited to, $207.5 million, which is comprised of new private development. 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. ■ Although not anticipated, in the process of developing the TIF, any relocation will be made through the standard process and procedures of the City. 2 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT A Boundary Description Beginning at the southwest corner of the ROW intersection of Carroll Blvd. and Sycamore, the POINT OF BEGINNING; THENCE, north along the west ROW of Carroll Blvd. to the northwest corner of the ROW intersection of Carroll Blvd. and W. Parkway Street; THENCE, east along the north ROW of W. Parkway Street to the northeast corner of the ROW intersection of W. Parkway Street and Locust; THENCE, south along the east ROW of Locust to the north ROW of McKinney; THENCE, east along the north ROW of McKinney to a point directly north of the southeast corner of the ROW intersection of McKinney and N. Bradshaw Street; THENCE, south across McKinney and continuing south along the east ROW of N. Bradshaw Street continuing directly south across E. Hickory Street to the south ROW of E. Hickory Street; THENCE, west along the south ROW of E. Hickory Street to the northeast corner of a tract in the Fred Hill Addition, Block A, Lot l; THENCE, south and east following the property line of a tract in the Fred Hill Addition, Block A, Lot 1 to the northwest corner of a 1.406 acre tract, A1184A H. Cisco, Tract 14; THENCE, south along the west property line of a 1.406 acre tract, Al 184A H. Cisco, Tract 14 to its intersection with the north property line of a 1.694 acre tract A1184A H. Cisco, Tract 15; THENCE, west and south along the north and west property line of a 1.694 acre tract Al 184A H. Cisco, Tract 15 to the northwest corner of a 0.16 acre tract, Al 184A H. Cisco, Tract 20; THENCE, south along the west property line of a 0.16 acre tract, A1184A H. Cisco, Tract 20 to the north ROW of Sycamore; THENCE, directly south across Sycamore to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the northwest corner of the Oakwood Cemetery; THENCE, south along the west property line of the Oakwood Cemetery to the north ROW of Prairie; THENCE, directly south across Prairie to the south ROW of Prairie; THENCE, west along the south ROW of Prairie to the southwest corner of the ROW intersection of Prairie and Elm; 3 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY Boundary Description THENCE, north along the west ROW of Elm to the south ROW of Sycamore; THENCE, west along the south ROW of Sycamore to the southwest corner of the ROW intersection of Sycamore and Carroll Blvd. and the POINT OF BEGINNING, and containing a total area of approximately 225.73 acres. M PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY TIF Boundary If 111 L EXHIBIT B Legend Q TIF Boundary ^� Centerline Streets Property Description Acreage w /or w/o Agr use Cable Company Duplex Exempt j Gas Company Multifamily Phone Company Real and Commercial Single Family Townhome Vacant Commercial Lots N W +E S ZQ April 16 2010 Miles This map is a graphic representation prepared by the City of Denton and is intended for use only as a reference. Data depicted 0 0.05 0.1 0.2 0.3 0.4 is not guaranteed for accuracy and may be subject to revision at any time without notification. A Registered Surveyor for the State of Texas was not consulted. For Survey level accuracy, supervision and certification of the produced data by a Registered Professional Land Surveyor for the State of Texas would need to be performed. 5 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY Existing Land Use EXHIBIT C Legend 'TIF Boundary - Centerline Streets perty Description Acreage w /or w/o Agr use Cable Company Duplex Exempt Gas Company Multifamily Phone Company Real and Commercial Single Family Townhome Vacant Commercial Lots N W +E S SQ, April 16 2010 Miles This map is a graphic representation prepared by the City of Denton and is intended for use only as a reference. Data depicted 0 0.05 0.1 0.2 0.3 0.4 is not guaranteed for accuracy and maybe subject to revision at anytime without notification. A Registered Surveyor forth e State of Texas was not consulted. For Survey level accuracy, supervision and certification oft he produced data by a Registered Professional Land Surveyor for the State of Texas would need to be performed. r PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan PROJECT ESTIMATED COST, $M Parking / Transportation 8.0 Complete Streets 7.9 Support for Downtown Projects 4.9 Utility / Drainage Improvements 4.0 TOTAL 24.8 Project Definitions Parking/Transportation: Transportation: Parking includes, but is not limited to, parking garages; surface parking; parking lighting; and parking signage and wayfinding. This project category was designed to provide adequate public facilities for transportation and to foster Transit Oriented Development (TOD) that will occur as a result of the planned transit station that will link Denton with passenger rail service to the City of Carrollton, where riders can transfer to the Dallas Area Rapid Transit (DART) system into the Dallas/ Fort Worth metroplex. The goal is to create compact, walkable, pedestrian- centered developments to enhance and act as a catalyst to spur additional development and redevelopment in the district. Complete Streets: are "multi- functional, pedestrian- oriented, aesthetically- pleasing, and safe and inviting for residents and visitors. Redeveloping the existing downtown street network into complete streets will create a pleasing public realm, which in turn supports and encourages a wide variety of new development and investment" according to the Downtown Implementation Plan. Elements of complete streets include the building to building improvements which may encompass: sidewalks, shared travel lanes (e.g. bus and bicycle), parallel and angled parking, pedestrian crosswalks, pedestrian and emergency bulb (American with Disabilities Act (ADA) accessibility), awnings, street improvements, planters, pedestrian street furniture, bike racks and pedestrian lighting. Downtown Projects: may include grants, loans and services for public and private development. Eligible TIF project costs are not limited to public uses and may also include projects that involve: historic preservation, demolition, environmental remediation and economic development grants. Chapter 380 of the Local Government Code grants municipalities in Texas the authority to offer grants and loans of public funds to stimulate economic development. The chapter also includes a provision for the use of City employees, facilities and services. An example of a City service may include additional public safety personnel to serve the increased population created by the transit station and the surrounding transit oriented development. Solid 7 PROJECT PLAN — DENTON TIF NO. 1 PRELIMINARY EXHIBIT D Project Plan waste and recycling services tailored to serve the downtown area is another example of a public service. Pursuant to the Texas Local Government Code, section 272.001, the City of Denton may utilize City -owned property that is located in a reinvestment zone to facilitate economic projects which the City and TIF Board deem appropriate and desirable. The City may acquire, lease, sell or otherwise transfer property to accomplish the public purpose of economic development that is consistent with the Project Plan. Such projects may include public - private partnerships, transit - oriented developments, or the recruitment of specific industries including, but not limited to, hi -tech or emerging technology companies, local start -up businesses, artesian or "maker" industries, the creative sector, bakeries, microbreweries, micro - distilleries, wineries, grocery stores, or other industries that the TOF Board and the City Council deem desirable. Utility Drainage: The downtown TIF district has an aging infrastructure and a number of properties that are situated in the floodplain making proper utility drainage an important component of the project plan. Utility drainage encompasses the physical provisions to accommodate and regulate stormwater runoff to preclude excessive erosion and sedimentation and to control and regulate the rate of flow. Facilities /systems can include natural features and conduits, channels, ditches, swales, pipes, detention devices or other devices designed or intended to carry, direct, detain or otherwise control stormwater," according the Denton Development Code. Projects may include one or more categories that may be leveraged as an incentive for development in the TIF district. An example of such a project, that would include both the parking /transportation and the downtown project categories, is a public private partnership for the construction of a parking garage and mixed use development that includes a public investment for additional parking for the public. n. PROJECT PLAN — DENTON TIF NO. I Future Land Use Exhlbit �E'- ��`!Vtul; Land . . . . . . . . . . . . . . . . . Mixed Use Ply Mixed Use ON Residential FS Mixed Use PRELIMINARY Leg.,J EXHIBIT E M1.66 U00 TOD Ara. R..id.fflml N6qhbrh..d Street Types pamaq a .. =ns ow D-11 —Sl,W-2 io DOE' Ow. w �o S reel Do n mSlvW-a ToOtary D.wnfownSimep -7 Dowotown$trvol-$ R.9t—1 j=D.wnt..nSl.W-9 DowntownSlreeWU 60 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 1EN"1, IN File #: ID 14 -0368, Version: 1 DEPARTMENT: CM/ ACM: Date: Human Resources Bryan Langley August 5, 2014 Legislation Text Agenda Information Sheet SUBJECT Consider the re- appointment by the City Manager of Abraham Benavides to the Civil Service Commission. BACKGROUND Abraham Benavides's third term expires in August of 2014; however, Chapter 143 of the Texas Local Government Code allows for reappointment by the City Manager to a fourth or subsequent consecutive term if confirmed by a two - thirds majority of all the members of the municipality's governing body. Specifically, the section 006 (c -1) reads: "Notwithstanding Subsection (c)(5), the municipality's chief executive may reappoint a commission member to consecutive terms. A commission member may not be reappointed to more than a third consecutive term unless the member's reappointment to a fourth or subsequent consecutive term is confirmed by a two - thirds majority of all the members of the municipality's governing body." Subsection (c) defines the eligibility requirements for a Commissioner, with subsection (5) stating they "must not have held a public office within the preceding three years." However, subsection (c -2) states the following: "Subsection (c)(5) does not prohibit the municipality's chief executive from appointing a former commission member to the commission if the only public office held by the former member within the preceding three years is members on (1) the commission; or (2) the commission and the municipality's civil service board for employees other than police officers and firefighters through a joint appointment to the commission and board." Abraham Benavides has only served on the Civil Service Commission for the City of Denton in the preceding three years. Therefore, he is eligible to be reappointed by the City Manager. RECOMMENDATION The City Manager has elected to re- appoint Abraham Benavides to the Civil Service Commission. Benavides has been a dedicated and engaged member of the Commission since 2005 and has served as the co -Chair most of those years. FISCAL INFORMATION This item has no fiscal impact. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0368, Version: 1 EXHIBITS Exhibit 1 - Benavides Vita Respectfully submitted: Carla Romine- Haggmark Director of Human Resources City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Abraham David Benavides Dr. Abraham David Benavides is an associate professor in the Department of Public Administration at the University of North Texas. He received his Doctors Degree from Cleveland State University, his Master's Degree from Brigham Young University, and his Bachelor's Degree from George Washington University. His research interest include: local government, human resources, cultural competency, ethics and leadership, age friendly policies, and human service issues. He has published in the Journal of State and Local Government Review, The Journal of Public Affairs Education, PM ICMA Public Management Magazine, The Journal of Public Management and Social Policy, The International Journal of Organization Theory and Behavior and a number of other journals. Dr. Benavides serves on the Commission on Peer Review and Accreditation for the Network of Schools of Public Affairs and Administration and will be the incoming chair of the Department of Public Administration at the University of North Texas. He can be reached at benavidesgunt.edu. July 2014 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1 ON File #: ID 14 -0374, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston- Galveston Area Council of Governments (H -GAC) Cooperative Purchasing Program for the acquisition of one (1) Utility Crane Truck for the City of Denton Wastewater Treatment Department; and providing an effective date (File 5599- Purchase of one (1) Utility Crane Truck from Chastang Ford in the amount of $110,221). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION This item is for the purchase of a Ford F650 chassis with a Knapheide crane body which is a replacement for a 2006 Ford F550 truck that has met the Fleet Department's replacement criteria for age and maintenance cost. The truck will be used to lift and install heavy electrical pumps and motors that are needed for Water Treatment Plant operations. This vehicle was approved in the Fiscal Year 2013 -2014 Budget. The vehicle being replaced will be sold at auction once the new vehicle is received. Fleet staff attempted to obtain comparison pricing through a request for quotes but due to the specialized nature of the truck, only one quote was received. The local vendor was contacted but declined to quote. RECOMMENDATION Award the purchase of one (1) Ford F650 to Chastang Ford in the amount of $110,221.00. PRINCIPAL PLACE OF BUSINESS Chastang Ford Houston, TX ESTIMATED SCHEDULE OF PROJECT The delivery of the truck will occur within 120 days of purchase order issuance. FISCAL INFORMATION This item will be funded from Wastewater Treatment Operating account 645209645.1355.30100. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0374, Version: 1 Requisition 4119930 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Request for Quote Summary Exhibit 2: H -GAC Quote from Chastang Ford Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Terry Kader at 349 -8729. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl U I LJJ z U z 0 LL J Q 2 z O ry HO �LL z O W ry O U uj O a O N 6 75 1 N ro Q p�..,uV 0....� Y I Il�lllppo^ . K IIIIIOIIIIIIII� ,'" I Vuuumummm� -' 0 0 0 0 0 0 o p C) 0 0 0 0 o O o p O O O O O 0 0 N E O L O � "O LU L U- rr) � "te L fy — N rn 0 C) m v O ri 0 N "D 0 0 oN z C M Y m o 0 zO 0 0 0 0 0 0 0 p 0 o O O o 0 o p LLn � � � � � � p , l z U C � Y - O O O r6 =5 LL L O O _ � O to O V) N u3 00 z In 11 -1 � N rb 0 o Ln 01 Y c co z 0 � o Z V) O _. O O O O O 00 O O N O 4J CT i N O� ro i N N r j U C O ro � .!=: u Lr) r Nor o o� N ro t» '-4 O � M >- LO w ,-1 -0 � - o � J %. OEz •� C o u %;, Ln -O o 1.0 O 1- � U n LL >. = o N o � a) O a) M I w L o IN Q r-I r0 U M = j O p C 0 ro o N Y CO CL 2 .. z O a LU O w LLLL w LL O# J U O U U } z Q a Q EL U) a LL w D F- U ��/ Q W J F- > O Ln z (n m D z J � m Q au Q m a m Ov o o �o, z E' O LL d EXHIBIT 2 July 15, 2014 Mr. Charlie Rosenthal City of Denton Denton, Texas Re: The 2015 Ford F -650 Gas XL Dear Mr. Rosenthal, Thank you very much for your interest in acquiring a vehicle from our dealership. Attached are specs and REVISED pricing for a 2015 Ford F650 chassis with a Knapheide crane body installed. Price is FOB, Denton; terms net 30. Price includes the HGAC Contract HT06 -14 fee. THE ONLY OPTIONS ON THE CHASSIS ARE THE PTO PROVISION AND THE BODY BUILDER WIRING PACKAGE. Please feel free to call me if you have any questions. Thanks again for giving me the opportunity to earn your business. Sincerely, Ed Miller Fleet & Commercial Sales 713- 678 -5007 emiller @chastangford.com Texas EXHIBIT 2 Prepared For: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: * IN ...... .. .. .. ... .. ... Pedim,nance Testv 2015 Ford F-650 Gas Regular Cab XL (F61H) Performance Start Tests Calculated Desired Start grade capability in gear 1 30.4% 15.0% Start grade capability in reverse 23.9% 15.0% Performance Grade Tests Calculated Desired Maximum grade in gear 3 7.6% 3.0% Maximum grade in gear 4 5.8% 3.0% Maximum grade in gear 5 4.3% 3.0% Maximum grade in gear 6 3.4% 3.0% Performance Speed Tests Given your requirement to go 75 mph, you need a maximum axle ratio of 13.59. Given your requirement to go 55 mph at a grade of 3.0 %, you need a minimum of 165 hp. The calculated cruise speed is 76 mph, your desired cruise speed is 60 mph. The engine RPM at 60 mph cruise speed is 2,061 rpm 11j'eri'oininance 11 ests Variables in Use Rear axle ratio: 6.14 Gear 1 ratio: 3.97 Gear reverse ratio: 3.13 Tire size: 11 R22.5 (498rev /mile) Gross vehicle weight (GVW): 26,000 Ibs Clutch engagement torque: 348 ft.lbs. Torque conversion ratio: 2.0 Gear 3 ratio: 1.52 Gear 4 ratio: 1.15 Gear 5 ratio: 0.86 Gear 6 ratio: 0.67 Peak engine torque: 457 ft.lbs. Worst road surface Final Drive Ratio: Rear axle ratio: Drag Coefficient Typical Highway 0.67 6.14 0.80 Engine Power: 362 hp @ 4,750 rpm Governed RPM: 5,700 rpm Frontal Area: 56.3 Sq.Ft. Cruising RPM 2,600 rpm Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 2 EX4918H gor: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: Front Axle Rear Axle Totals 5,464lbs 3,927lbs 9,391lbs 0 Ibs 0 Ibs 0 Ibs 300lbs 150lbs 450lbs 168 Ibs 84 Ibs 252 Ibs 2,568lbs 13,339lbs 15,907lbs 8,500lbs 17,500lbs 26,000lbs Ratings GVWR GAWR 8,500lbs 17,500lbs 26,000lbs Wheels /Tires 12,350lbs 23,360lbs Suspension 8,500lbs 18,500lbs Axle 8,500lbs 17,500lbs Legal Limit 8,500 Ibs 17,500 Ibs Weight Summary Calculated GAWR Legal Limits Front axle load is 8,500 Ibs 8,500 Ibs 8,500 Ibs Rear axle load is 17,500 Ibs 17,500 Ibs 17,500 Ibs Shift Chart 6,000 5,500 5,000 4+500 4,000 3,500 1st _ 2nd 3rd _ 4th 5th 6kh rpm 3,000 2,500 ....................... mmmmmm mmmmmmmmmmmm mmmmmmmmmmmmmm mmmmmmmmmmmm mm mm mmmmmmmmmmmm. mmmmmmmmmmmm mmmmmm --- -------------- 2,000 1,500 1,000 500 0 10 20 30 40 50 60 70 00 90 mph Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 3 EXHIBIT 2 Prepared For: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: * IS ...... .. .. .. ... .. ... Standard Equ*tnent 2015 Ford F-650 Gas Regular Cab XL (F6H) owertrain Triton 6.8L V -10 SOHC SMPI 30 valve engine * 177 amp alternator * 900 amp step battery located forward right 6 -speed electronic automatic transmission with overdrive, lock -up * Rear -wheel drive * Single speed drive axle Non stainless steel exhaust * Standard rear differential * Right mounted horizontal muffler * Right mounted horizontal tailpipe * 42.0 gal. rectangular left front fuel tank, Steering and Suspension Hydraulic power- assist re- circulating ball steering * Hydraulic disc brakes with front and rear vented discs Non - independent front suspension * Front leaf suspension * Front tapered leaf springs Rigid rear axle * Rear leaf suspension * Rear multi -leaf springs * Front and rear 22.5' x 7.50" * 11.OR22.5 AS Rubber auxiliary rear springs * Front and rear white steel disc wheels with 10 wheel studs Safety 4 -wheel anti -lock braking system Comfort and Convenience Air conditioning * AM /FM stereo, clock, seek -scan, 2 speakers, fixed antenna * Cruise control with steering wheel controls * 2 12V DC power outlets, ashtray, front lighter element(s) location, dual electric horn * Analog instrumentation display includes tachometer, oil pressure gauge, engine temperature gauge, transmission fluid temp gauge, trip computer, trip odometer * Warning indicators include battery, lights on, key, service interval, brake fluid, transmission fluid temp * Steering wheel with tilt adjustment * Manual front windows with light tint Variable intermittent front windshield wipers * Passenger side vanity mirror * Interior lights include dome light with delay * Glove box, front cupholder, instrument panel bin, dashboard storage * Automatic gearshift steering column lever Seating and Interior Seating capacity of 3 * Vinyl faced front seats with carpet back material * Full cloth headliner, full vinyl /rubber floor covering, urethane gear shift knob * Driver and passenger seats with folding back * 4 way driver bucket seat with high back, fore /aft * 2 way passenger two person bench seat with mid back * Driver and passenger fixed headrests Exterior Features Front splash guards, composite /galvanized steel body material, side steps Black side window moldings, black front windshield molding, black rear window molding * Black door handles Chrome grille * 2 doors * Driver and passenger manual black convex spotter folding trailer outside mirrors * Front chrome bumper with straight ends Sealed beam halogen headlamps * Additional exterior lights include cab clearance lights * Clearcoat monotone paint * Hood mounted grille Basic 24 month /unlimited mileage Powertrain 60 month /100,000 miles Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 4 Standard Equipment Continued EX*IPM go,: Prepared By: Dealership: Warranty (Continued) Corrosion Perforation 60 month /unlimited mileage Dimensions and Capacities Output 1 st gear ratio 3rd gear ratio 5th gear ratio Reverse gear ratio Front curb weight Front axle capacity Front spring rating Front tire /wheel capacity Front legroom Front hiproom Length Body height Cab to axle Radiator area Frame rail width Max RBM (in. -lbs.) Turning radius (to curb) Front frame height loaded Rear frame height loaded 362 hp @ 4,750 rpm 3.974 1.516 0.858 3.128 5,454 1 bs. 8,500 lbs. 8,500 lbs. 12,350 lbs. 40.7 " 67.4 " 246.0 " 92.9 " 84.0 " 857.0 " 3.1 " 665,500.0 23.0' 33.6 " 35.2 " Mr. Charlie Rosenthal Ed Miller Torque 2nd gear ratio 4th gear ratio 6th gear ratio Curb weight Rear curb weight Rear axle capacity Rear spring rating Rear tire /wheel capacity Front headroom Front shoulder room Body width Wheelbase Axle to end of frame Frame rail depth Frame rail thickness Frame rail section Turning radius (to bumper) Front frame height unloaded Rear frame height unloaded 457 lb.-ft. @ 3,250 rpm 2.318 1.149 0.674 9,382 lbs. 3,928 lbs. 17,500 lbs. 18,500 lbs. 23,360 lbs. 41.3 " 68.0 " 96.7 " 158.0 " 49.0 " 10.1 " 0.31 " 9.5 " 24.3 ' 36.3 " 39.1 " Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 5 EXHIBIT 2 Prepared For: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: * IS ...... .. .. .. ... .. ... Selected Options 2015 Ford F-650 Gas Re ular Cab XL F6H Vehicle Snapshot Engine: Ford 6.8L Triton V10 3 -Valve Gasoline 362 HP @ 4750 Transmission: Ford SelectShift 6 -Speed Automatic w /PTO Provision Rear Axle Ratio: 6.14 GVWR: Code Description Class P F6H Base Vehicle Price (F6H) STD 56,275.00 Engine/Engine ui ment 99P Ford 6.8L Triton V10 3 -Valve Gasoline 362 HP @ 4750 STD N/C Radiator - Aluminum, Single Row, w /In -Tank Trans Cooler 857 Sqln; Starting Motor - 12 -Volt, Visteon : Less thermal over -crank protection.; Emission Compliance - Level 2. 457 lb-ft torque @ 3250 RPM. Component- manufacturer warranty applies. Subject to change by manufacturer without notice. Torque: 457 ft.lbs. @ 3250 rpm. 425 50 State Emissions OPT N/C Brakes/Brake Equipment 67J Hydraulic Brakes - Quadraulic Split System for 70mm Diameter STD N/C Pistons - 22.5" Wheels Parking Brake, Bosch, DSSA Type, 12 x 3. Full power with automatic adjustment, 4- channel ABS antilock brake system. Includes 12 "x 3" (Bosch) DSSA type rear axle mounted parking brake, Orscheln lever control, right of driver. Axle, Front /Suspension, Front 61B Taper -Leaf Springs, Parabolic - 8,500 lb. Cap STD N/C Includes shock absorbers. 43G I -Beam Type - 8,500 lb. Cap. Non - Driving - Meritor MFS- 08 -153B STD N/C Steering Wheel - Two Spoke, Black PVC, 15.5" Dia.: Includes tilt with cruise controls. Includes Ross TAS -40 integral power steering. Axle, ear /Suspension, Rear 473 17,500 lb. Single -Speed - Meritor MS- 17- 14X -3DLF OPT N/C Single reduction with 190 wheel ends. NOTE: When specifying an axle ratio, check performance guidelines for startability and gradeability. Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 6 Selected Options Continued EX4 r: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: Code Description Class MSRIP 647 Wheels, Front 22.5x7.5 Powder Coated Steel Disc, 10 -Hole STD N/C (285.75MM BC) hub piloted, flanged nut, 5 hand hold, metric mount, 7.50 DC rims; with steel hubs, white. TDG (DISCONTINUED) Tires, Front Two 11R22.5G Continental HSR2 OPT N/C (498 rev /mile) OPTION DISCONTINUED BY SUPPLIER - Option shows for quoting purposes only. Rear Wheels/Tires 667 Wheels, Rear 22.5x7.5 Powder Coated Steel Disc, 10 -Hole STD N/C (285.75MM BC) hub piloted, flanged nut, 5 hand hold, metric mount, 7.50 DC rims; with steel hubs, white. Transmission 44D Ford SelectShift 6 -Speed Automatic w /PTO Provision OPT 295.00 Double overdrive with park pawl. Rear Wheels/Tires RDG (DISCONTINUED) Tires, Rear Four 11R22.5G Continental HSR2 OPT N/C (498 rev /mile) OPTION DISCONTINUED BY SUPPLIER - Option shows for quoting purposes only. Wheelbase 158WB 158" Wheelbase /84" CA/49" AF/246" OAL STD N/C Frame 534 Single Channel - Straight 'C' 12.64 SM, 50,000 PSI OPT N/C High strength low alloy steel; 10.125" x 3.062 "x 0.312" (257.2mm x 77.8mm x 8.Omm) 437.9" (11122mm) maximum CAL. Maximum GVWR 29,0001bs. 76B Tow Hooks, Front (2) Inside Rail, Frame Mounted OPT 73.00 Exhaust 91H Single, Horizontal Muffler - Frame Mounted Right Side Back of STD N/C Cab w /Catalytic Converter Downward facing outlet tip. Fuel Tan s 65P Tank - Steel (Shallow) 42 U.S. gal. - Single STD N/C LH rectangular steel, top draw, 13" tank depth, mounted left side under cab, battery mounted right side under cab. 10 Gal. Single Tank Fuel Fill. Mandatory Charge Applied, Based OPT 0.00 On Tank Selection Electrical/Alternator/Battery 17A 177 Amp, Denso 12 -Volt, Alternator STD N/C Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 7 Selected Options Continued EX4 r: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: Code Description Class MSRP 63Y One - 900 CCA, 12 Volt, Motorcraft Battery STD N/C 59B Body Builder Special Wiring Harness - for Beverage Body OPT 61.00 For chassis, 6 feet additional length to accommodate drop frame beverage body application. Seats 88H Driver, Bucket Seat, 30 %, Reclining, Steel Gray Vinyl w /Steel INC Included Gray Vinyl Insert Fixed track with fore aft adjust, high back with integral headrest and single armrest, inboard. Seats are color coordinated to cab trim level. All seats include seat belts. 85A 2 Passenger, 70% Bench, Folding, Steel Gray Vinyl w /Steel Gray INC Included Vinyl Insert Intermediate folding back, integral outboard headrest, fold down single armrest, inboard, with cupholders. . Cake Equipment 54H Mirrors, Dual - Rectangular, Velvac XL2020 - 96" Width STD N/C Integral spot mirror, sail type, manual fold, solid black finish. 588 Radio AM /FM Stereo w /Clock & MP3 Audio Input STD N/C 680A XL Trim Package OPT N/C (88H) Driver, Bucket Seat, 30 %, Reclining, Steel Gray Vinyl w /Steel Gray Vinyl Insert: Fixed track with fore aft adjust, high back with integral headrest and single armrest, inboard. Seats are color coordinated to cab trim level. All seats include seat belts.; (85A) 2 Passenger, 70% Bench, Folding, Steel Gray Vinyl w /Steel Gray Vinyl Insert: Intermediate folding back, integral outboard headrest, fold down single armrest, inboard, with cupholders. . Includes molded cloth headliner, RH and LH coat hooks, sunvisors with passenger side mirror, interior back panel painted body color, door trim panels with standard armrest, manual air conditioning, AM /FM radio with clock and audio input for a MP3, Velvac XL2020 manual mirrors with convex 96" width, bright front headlight bezel, chrome grille and chrome front bumper. Steel gray interior color. Interior Colors Form Primary E Gray OPT N/C Primary Colors Form Primary YZ Oxford White OPT N/C Accessories and Aftermar et Options L4388 -13 INSTALL KMT2 -11 CRANEBODY PER QUOTE L4338 -13 $64,975.00 448 30 days floor plan interest from time of delivery $788.00 Court Del Courtesy delivery fee $200.00 delivery Delivery of truck to city $150.00 fee HGAC Fee $1,000.00 Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 8 Selected Options Continued EX4 r: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: Code Description Class P Iw - z, tr a T Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 9 EXHIBIT 2 Prepared For: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: * IN ...... .. .. .. ... .. ... ouOtation 2015 Ford F-650 Gas Regular Cab XL (F6H) MSRP Base Vehicle Price 56,275.00 Factory Options 429.00 Accessories & Other Items 67,113.00 Destination 1,495.00 Vehicle Total 125,312.00 Pre -Tax Adjustments Adjustment Fee - 15,091.00 Total Pre -Tax Adjustments - 15,091.00 Grand Total 110,221.00 Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 10 Warranty EXHIBIT 2 Prepared For: Mr. Charlie Rosenthal Prepared By: Ed Miller Dealership: * IN ...... .. .. .. ... .. ... Regular Cab XL (F6H) Prices and content availability as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05207968 8/27/2013 Printed on July 15, 2014 at 09:11 Price Level: 515 QuotelD: den15F6H Page 11 EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD July 28, 2014 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, July 28, 2014 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, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: Consider the recommendation of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston Galveston Area Council Purchasing Program for the acquisition one (1) Ford F650 truck for City of Denton Wastewater Treatment Department; providing for the expenditure of funds therefore; and providing an effective date (Bid 5599- awarded to Chastang Ford in the amount of $110,221.00). Motion was made to approve item 1 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment — 10:40am EXHIBIT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE HOUSTON - GALVESTON AREA COUNCIL OF GOVERNMENTS (H -GAC) COOPERATIVE PURCHASING PROGRAM FOR THE ACQUISITION OF ONE (1) UTILITY CRANE TRUCK FOR THE CITY OF DENTON WASTEWATER TREATMENT DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5599- PURCHASE OF ONE (1) UTILITY CRANE TRUCK FROM CHASTANG FORD IN THE AMOUNT OF $110,221). WHEREAS, pursuant to Ordinance 95 -107, the Houston - Galveston Area Council of Government (H -GAC) 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 Houston - Galveston Area Council of Government (H -GAC) 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 file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 5599 Chastang Ford $110,221 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H -GAC 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 H -GAC, 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 H -GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the EXHIBIT 4 Proposal submitted to H -GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. 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 File 5599 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0376, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement with the City of Krum under Section 791.001 of the State of Texas Government Code, to authorize the purchase and exchange of fire trucks between the City of Denton and City of Krum; authorizing the expenditure of funds therefor; and providing an effective date (File 5609 - Interlocal Agreement with the City of Krum). FILE INFORMATION This Agreement will allow the City of Krum to purchase a 1999 KME fire truck from the City of Denton for a value equal to $12,500. The City of Krum will also exchange a 1972 AMER fire truck as additional compensation for the 1999 KME Fire Truck. The City of Krum will transfer the title of the 1972 AMER fire truck within thirty (30) days of execution of the Interlocal Agreement. This truck has historical value to the City and will be displayed in front of the Central Fire Station which is located at 322 E. Hickory Street. It will also be used as a parade engine and for funerals when appropriate. RECOMMENDATION Approve an Interlocal Agreement with the City of Krum for the purchase and exchange of the fire trucks. PRINCIPAL PLACE OF BUSINESS City of Krum Krum, TX ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by both the City of Denton and City of Krum and will remain in effect until terminated by either party with thirty (30) days notice. FISCAL INFORMATION Section 4 of the Interlocal Agreement provides that the City of Krum will make a one -time payment of $12,500 City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0376, Version: 1 to the City of Denton. These funds will be delivered as stipulated in Section 5 of the Interlocal Agreement. EXHIBITS Exhibit l: Ordinance Exhibit 2: Interlocal Agreement Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Elton Brock at 349 -7133. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl EXHIBIT 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF KRUM UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE THE PURCHASE AND EXCHANGE OF FIRE TRUCKS BETWEEN THE CITY OF DENTON AND CITY OF KRUM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5609 - INTERLOCAL AGREEMENT WITH THE CITY OF KRUM). 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 Krum for the exchange and purchase of equipment under Section 791.001 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 expend funds pursuant to the Agreement for the purchase of various goods and services. 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 5609 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 , 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement' is made and entered into this 51h day of August, 2014, between The City of Denton, Texas, a political subdivision of the State of Texas (hereinafter "City of Denton ") and The City of Krum, a political subdivision of the State of Texas (hereinafter "City of Krum "). WHEREAS, both the City of Denton and the City of Krum have the authority to enter into this Agreement pursuant to Chapter 791, Texas Government Code; and WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to offer the exchange and purchase of the equipment listed in "EQUIPMENT DETAIL ". WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common objectives relating to the health, safety, and welfare of the citizens of Texas and the United States, and in the interest of saving the City of Denton and City of Krum taxpayer funding; and NOW THEREFORE, in consideration of the mutual representations, terms and covenants hereafter set forth, the parties hereby agree as follows: 1. EQUIPMENT DETAIL. Vehicle Identification #1K9AF4286XN058969 1999 KME Fire Truck Exempt Plate — Texas Owner: City of Denton Vehicle Identification #0123176 1972 AMER Fire Truck Exempt Plate — Texas Owner: City of Krum 2. EXCHANGE AND SALE AGREEMENT. The City of Krum desires to purchase from the City of Denton, the 1999 K1VIE Fire Truck for a value equal to twelve thousand and five hundred dollars ($12,500.00). Additionally the City of Krum offers to exchange the 1972 AMER Fire Truck as additional compensation for the 1999 K1VIE Fire Truck. The City of Denton offers to accept the one -time payment of twelve thousand and five hundred dollars ($12,500.00), and the 1972 AMER Fire Truck as full compensation of the 1999 K1VIE Fire Truck. 3. TRANSFER OF PROPERTY AND TITLE OF EQUIPMENT. Within thirty days (30) of dual execution of this agreement, both parties shall execute the necessary title paperwork, and submit the documentation to the Denton County Clerks' Office to transfer the titles for the equipment. 4. TOTAL SUM OF COMPENSATION OF THE CONTRACT. The City of Krum agrees to provide a one -time payment of twelve thousand and five hundred dollars ($12,500.00), and transfer the title of the 1972 AMER Fire Truck to the City of Denton. 5. PAYMENT. The City of Krum shall send the payment to the following: City of Denton, Materials Management Department 901B Texas Street Denton, TX 76209 Attn: Julia Klinck, Contract Administration Supervisor Phone: 940- 349 -7130 Email: julia.ldinck(-c�icitvofdenton.com 6. TERMINATION. This agreement may be terminated by either party, upon thirty (30) days prior written notice. 7. BREACH / OPPORTUNITY TO CURE. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default at least thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. 8. LIABILITY. The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Page 1 of 3 9. DISCLAIMER OF LIABILITY. NEITHER PARTY MAKES ANY REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE EXCHANGE AND SALE UNDER THIS AGREEMENT. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF SUCH MATERIALS OR MODIFICATION OF SUCH MATERIALS WILL NOT INFRINGE ON ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT. 10. FORCE MAJUERE. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder when such failure is due to an act of God, or other circumstance beyond its reasonable control, then said failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement. 11. DISPUTE RESOLUTION. Both Parties shall use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this contract and such process is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practice and Remedies Code. Either party must submit written notice of a claim of breach of contract under this chapter to the other party. 12. STATE LAW AND VENUE DETERMINATION. This Agreement shall be subject to and governed under the laws of the State of Texas. All Local, State and Federal laws shall supersede any provisions made in this Agreement Any provision so effected will not negate the rest of the Agreement. 13. REMEDIES. This Agreement shall be construed by and governed by the laws of the State of Texas and the United States of America. Venue for any legal action necessary to enforce the Agreement will be in Denton County, Texas. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 14. ENTIRE REPRESENTATION. This Agreement contains the entire agreement between the parties and supersedes any prior oral or written agreements, commitments, understandings, or communications with respect to the subject matter of the Agreement. No amendments or modification of this Agreement shall be effective unless set forth in writing executed by duly authorized representatives of each party. This Agreement shall be construed in accordance with the laws of the State of Texas and the Unites States of America. 15. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any right or remedy, or future exercise thereof. 16. ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent of the other Party. 17. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 18. AMENDMENTS. This Agreement may be amended from time to time by written amendment by both parties. 19. NOTICE. Any notice required to be given in connection with this Agreement shall be in writing and shall be deemed effective if hand delivered, or if sent by United States certified mail, return receipt requested, postage prepaid, or if sent by private receipted courier guaranteeing same -day or next -day delivery, addressed to the respective party at its address provided below. If sent by U.S. certified mail in accordance with this Section, such notices shall be deemed given and received on the earlier of (a) actual receipt at the address of the named addressee, or (b) on the third (3rd) business day after deposit with the United States Postal Service. Notice given by any other means shall be deemed given and received only upon actual receipt at the address of the named addressee. City of Krum City of Denton Purchasing Department P.O. Box 217 901B Texas Street Krum, Texas 76249 Denton, Texas 76209 Attn: Attn: Purchasing Manager Phone: ( ) Telephone: 940- 349 -7133 Email: Email: purchasing @cityofdenton.com Page 2 of 3 20. NO THIRD PARTY BENEFICIARIES. For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/ disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with either party, and (2) the terms of this Agreement are not intended to release, either by contract or by operation of law, any third person or entity from obligations owed by them to either party. 21. ENTIRETY OF AGREEMENT. This Agreement represents the entire understanding between the City of Denton and the City of Krum, and supersedes all other negotiations, representations or agreement, written or oral, relating to this Agreement. The parties have caused this Agreement to be executed by their duly authorized representative. City of Krum, Texas RE Title: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the behalf of the City of Denton, Texas. City of Denton, Texas IN Title: L day of , 2014 by , on Notary Public in and for the State of Texas Page 3 of 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0377, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance awarding a contract for the purchase of upgrade and maintenance services including equipment, for the Radio Communication System for the City of Denton Water Production department as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR -SDD -2060; providing for the expenditure of funds therefor and providing an effective date. (File 5598 awarded to Johnston Technical Services, Inc. in the three (3) year not -to- exceed amount of $150,000). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION This item is for the upgrade and maintenance of the microwave radios used by the Water Production department to communicate to and with all of its facilities. Water Production uses licensed and unlicensed microwave radios to communicate to and with all of its facilities. The type of communications used with these radios is data or process control, access control, city network and phones, and security camera feeds. The radios are primarily used for process control which is the management of the water treatment process and maintenance of the distribution system pressure and water quality. The City has used Johnston Technical Services, Inc. (JTS) exclusively for their Water Production radio needs since 2003. JTS is a full service reputable microwave radio system installer and service vendor. They are the only vendor that has knowledge of the City's radio network which is vital when emergency services are required. Since they know what radios the City has in its network, they keep spare units in stock to respond to our emergency needs. Their pricing adheres to the Texas Department of Information Resources (DIR) Cooperative Contract which offers percentage discounts for specific manufacturers. Exhibit 1 shows the DIR itemized pricing and discounts. The current DIR contract is valid through February 27, 2017. PRIOR ACTION /REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 28, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award a contract for upgrade and maintenance services including equipment, for the Radio Communication City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0377, Version: 1 System for the City of Denton Water Production department to Johnston Technical Services, Inc. in the three (3) year not -to- exceed amount of $150,000). PRINCIPAL PLACE OF BUSINESS Johnston Technical Services, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The maintenance and upgrade services will be funded from Water Production operating account 630100.7879. Requisitions will be issued as maintenance or repairs are needed. EXHIBITS Exhibit 1: DIR Contract Pricing Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Randy Markham at 349 -7526. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Contract Details EXHIBIT 1 yir'utich By 4_ Ente search criteria Page 1 of 1 Home Co -op Contracts Texas.gov Security Data Center Telecom IT Leadership About DIR Contact Us Johnston Technical Services, Inc. Dba: JTS URL vendor Webslke DIR Contract Number DIR -SDD -2060 Vendor ID 1752621300800 Contract Term End Date 2/27/2015 HUB Type Non HUB Contract Exp Date 2/27/2017 Johnston Technical Services, Inc. Dba: 3TS DIR Contact Kyle Fuller Contact Deana Loe Phone (972)620 - 1435,X125 Phone (512) 463 -0687 Fax (972) 247 -5023 Fax (512) 475 -4759 Contract Overview Standard Terms and CondlUons PDF - 427 KB This appendix contains the standard DIR Terms and Conditions for the contract as of the date Identified. Any Initial exceptions to these Terms will be contained in the original contract. All subsequent changes or updates to the Terms and Conditions will be reflected In contract amendments. Reseller Vendor Contacts There are no resellers associated with this contract CO,L'rlttvl Cornnlex Dlrectary I;).yaru 'y ^'t . ibriry. 1.1Q. SA0 I raud Rearafthio ,sit, ,,,.1. ?uJl „le_..s t.1:1411sg.rv.d. "(:?.1.a..I I.W..X1..diind..:: .G9?..r. w 211&' Y�la[a :r . Prpcurerneraf. Schedl,ele .I...R.6.v.1.;. Y=C=LL'9k.:C.G.dI �d.gD 1'9.51}.P.1.:.d:I. Available Brands Axell Cambium Networks Dragonwave 1r E -Band Pure Wave Rohn Available Products & Services Emergency Preparedness Hardware and Related Services Additional Contract Information Appendix D. Service Level Agreement (80 KB) Amendment 1 (223 KB) Dept, of Information Resources 300 W. 15th St. Ste. 1300 Austin, TX 78701 MgP (512) 475 -4700 V Oompp 4 a'p....AR81e RA.1V wad Q,I, V.L.P"r":',24av .'N EcAy h)sPUrlSr➢ p,t .If:P R.rnjm 111,.1 ,,492mbln &24,14[1 (,,Qn f!.pp..U§ Q Department of lnforrnatlon Resources 2012 http: / /www2.dir.state.tx.uslictl contractsI PagesIDetails.aspx ?dir_Contract number = DIR -SD... 7/16/2014 EXHIBIT 1 SERVICES PRICING DIR -SDD -2060 JOHNSTON TECHNICAL SERVICES INC. MSRP/List Technical Services - Radio Systems Annual Maintenance Agreement Application based - Call for pricing Installation & Maintenance Hourly Rate (1 -man crew) $125.00 Installation & Maintenance Day Rate (8am -513m, 1 -man crew) $1,000.00 Installation & Maintenance Hourly Rate (2 -man crew) $250.00 Installation & Maintenance Day Rate (8am -5pm, 2 -man crew) $2,000.00 Installation & Maintenance Hourly Rate (3 -man crew) $375.00 Installation & Maintenance Dav Rate (8am -5pm, 3-man crew) $3,000.00 Installation & Maintenance Hourly Rate (4 -man crew) $500.00 Installation & Maintenance Day Rate (8am -5pm, 4 -man crew) $4,000.00 Site Survey (per day) $2,000.00 Spectrum Analysis (per dav) $2,000.00 Systems Engineering Hourly Rate $250.00 Troubleshooting Hourly Rate (2 -man crew) $250.00 FCC License Coordination Fee (single point -to -point hop) $2,000.00 Training (1 -dav) $1,000.00 Meeting (2 -hour slot) $250.00 Mobilization (per 1 -hour increment per tech) $80.00 Report Generation $1,000.00 JTS Bucket Truck Usage (day rate) $500.00 External Resource Lease - Man Lift (day rate) Commercial List Price External Resource Lease - Crane (hourly rate) Commercial List Price External Resource Lease - Backhoe (day rate) Commercial List Price Technical Services - Tower Construction & Misc Tower Related Services Tower Inspection (per tower) $3,150,00 Tower Engineering (Geotechnical and PE Reports) $5,500.00 Tower Installation (Foundation) Application based - Call for pricing Tower Installation (Stacking) Application based - Call for pricing Tower Grounding (per tower) Application based - Call for pricing Tower Repair - Hourly Rate (per man) $125.00 Tower Work - General Hourly Rate (per man crew) $125.00 Tower Tear -Down and Removal - Day Rate (4 -man crew) $4,000.00 For more information and current DIR pricing on these and other JTS Services, please contact JTS at: sales @jts.net or 972 - 620 -1435 x.140. Prices subject change without notice. EXHIBIT 1 APPENDIX C - PRICING INDEX DIR -SDD -2060 Customer AMENDMENT No. 1 Discount % off JOHNSTON TECHNICAL SERVICES INC. MSRP Emergency Preparedness Hardware Products Axell All Products 10.00% Cambium Networks Radios /Antennas /License Keys 18.00% Accessories (Mounts, Protectors, etc.) 22.00% DragonWave /All Products 15.00% E- Band /All Products 15.00% PureWave Base Stations /Antennas /Pole Mount Kit /Management System 10.00% CPEs 3.00% Accessories 5.00% Rohn Towers /All Products (excludes Roof Mounts) 10.00% Ruggedcom/All Products except 3rd Party Items 8.00% Sabre Site Solutions /All Products 11.50% Siklu All Products 12.00% Sub 10 Systems /All Products 10.00% Trylon Towers /All Products 14.50% Emergency Preparedness Accessories Cabling 5.00% Patch Cords 5.00% Connectors 5.00% Power Supplies 5.00% Protectors 5.00% Mounting Hardware (Clamps, Hangers, Brackets, Mounts, Masts, etc.) 5.00% Grounding Kits 5.00% Weatherproofing_ Material 5.00% Emergency Preparedness Services Technical Services - Radio Systems Annual Maintenance Agreement 12.00 % Installation & Maintenance Hourly Rate (1 -man crew) 12.00% Installation & Maintenance Day Rate (8am -5pm, 1 -man crew) 12.00% Installation & Maintenance Hourly Rate (2 -man crew) 12.00% Installation & Maintenance Day Rate (8am -5pm, 2 -man crew) 12.00% Installation & Maintenance Hourly Rate (3 -man crew) 12.00% Installation & Maintenance Day Rate (8am -5pm, 3 -man crew) 12.00% Installation & Maintenance Hourly Rate (4 -man crew) 12.00% Installation & Maintenance Day Rate (8am -5pm, 4 -man crew) 12.00% Site Survey (per node) 12.00% EXHIBIT 1 Spectrum Analysis (per node) 12.00% Systems Engineering Hourly Rate 12.00% Troubleshooting Hourly Rate (2 -man crew) 12.00% FCC License Coordination Fee (single point -to -point hop) 12.00% Training (1 -day) 12.00% Meeting (2 -hour slot) 12.00% Mobilization (per I -hour increment per tech) 12.00% Report Generation 12.00% JTS Bucket Truck Usage (day rate) 12.00% External Resource Lease - Skytrak (day rate) 12.00% External Resource Lease - Crane (hourly rate) 12.00% External Resource Lease - Backhoe (day rate) 12.00% Technical Services - Tower Construction & Misc Tower Related Services Tower Inspection (per tower) 12.00% Tower Engineering (Geotechnical and PE Reports) 12.00% Tower Installation (Foundation) 12.00 % Tower Installation (Stacking) 12.00% Tower Grounding (per tower) 12.00% Tower Repair - Hourly Rate (per man) 12.00% Tower Work - General Hourly Rate (per man crew) 12.00 % Tower Tear -Down and Removal - Day Rate 12.00% 1 EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD July 28, 2014 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, July 28, 2014 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, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 2. Consider recommending approval of a multi -year contract with Johnston Technical Services, Inc. for upgrade and maintenance services related to Water Production's Radio Communication System for not to exceed $150,000.00. Motion was made to approve item 2 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment — 10:40am EXHIBIT 3 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF UPGRADE AND MAINTENANCE SERVICES INCLUDING EQUIPMENT, FOR THE RADIO COMMUNICATION SYSTEM FOR THE CITY OF DENTON WATER PRODUCTION DEPARTMENT AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT PROGRAM, CONTRACT NUMBER DIR -SDD -2060; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. (FILE 5598 AWARDED TO JOHNSTON TECHNICAL SERVICES, INC. IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $150,000). 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 NT TNTRFR VFNT)(1R A N4(1T TNT 5598 Johnston Technical Services, Inc. $150,000 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. EXHIBIT 3 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 5598 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 , 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 4 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND JOHNSTON TECHNICAL SERVICES (JTS) (FILE 5598) THIS CONTRACT is made and entered into this day of A.D., 2014, by and between Johnston Technical Services (JTS) a corporation, whose address is 5310 S Cockrell Hill Rd, Dallas TX 75236, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products and/or services in accordance with the City's document FILE #5598 Radio Communication System Upgrade & Maintenance, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A "); (b) Request for Proposal (Exhibit "B" on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions (Exhibit "C"); (d) Insurance Requirements (Exhibit "D "); (e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "E "); (f) Contractor's Proposal. (Exhibit "F "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." Page 1 EXHIBIT 4 ORIGINAL. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IIn CONTRACTOR BY: '�J'h L— AUTHORIZED SIGNATURE Date: Name: Jeremy Bigham Title; President (972) 620 -1435 .____ .. — PHONE NUMBER Jeremy. bigham @jts. net EMAIL ADDRESS CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date: Page 2 EXHIBIT 4 Exhibit A Special Terms and Conditions Total Contract Amount The contract total for services shall not exceed $150,000. Pricing shall be per Exhibit D attached. Contract Terms The contract tern will be three (3) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Page 3 EXHIBIT 4 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City's solicitation are applicable to Contracts/Purchase Orders issued by the City hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Sellers Solicitation Response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract /Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor's invoice. C. Invoices for labor shall include a copy of all time - sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. D. Unless otherwise expressly authorized in the Contract. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. Page 4 EXHIBIT 4 4. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of. i. delivery of defective or non - conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded Contractor who is in arrears to the City for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 5. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. f�» EXHIBIT 4 6. FINAL PAYMENT AND CLOSE -OUT: A. If a DBE/MBE /WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close -Out MBE /WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 7. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books ", "records ", "documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. & SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE /WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Page 6 EXHIBIT 4 Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 9. WARRANTY- PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other Contractor or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 10. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. Page 7 EXHIBIT 4 C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 11. ACCEPTANCE OF INCOMPLETE OR NON - CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non - conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non - conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non - conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 12. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 13. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 14. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 15. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. Page 8 EXHIBIT 4 16. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 17. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 18. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 19. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non - conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR Page 9 EXHIBIT 4 THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 20. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in EXHIBIT D The successful Contractor shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. Page 10 EXHIBIT 4 viii. If ' insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self - insured retentions, if any, stated in policies. All deductibles or self - insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 21. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof, and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 22. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. Page 11 EXHIBIT 4 23. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 24. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co- counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 25. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and /or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know -how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information "). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. Page 12 EXHIBIT 4 26. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made - for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made -for- hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made - for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 27. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 28. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 29. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to Page 13 EXHIBIT 4 deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 30. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 31. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision- making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire (Exhibit E). 32. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City, Texas, or his designee under this agreement. 33. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 34. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. Page 14 EXHIBIT 4 35. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre - printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 36. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of perfon-nance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 37. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision - making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 38. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. Page 15 EXHIBIT 4 39. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 40. HOLIDAYS: The following holidays are observed by the City: New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 5:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 41. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 42. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City is prohibited from contracting with or making prime or sub - awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City. 43. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. Page 16 EXHIBIT 4 44. BUY AMERICAN ACT - SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty -free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. 'End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled 'Buy American Act Certificate ". 45. RIGHT TO INFORMATION: The City reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 46. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 47. PREVAILING WAGE RATES: All respondents will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. http://www.access.gpo.gov/davisbacoi-1/tx.html Page 17 EXHIBIT 4 48. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 49. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W -2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 50. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100 -690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug -free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 51. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government- owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City Procurement Manager in writing of any such damage within one (1) calendar day. 52. FORCE MAJEURE: The City, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non- performance or delay in performance. EXHIBIT 4 53. NON - WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 54. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of any immunities from suit or from liability that the City may have by operation of law. 55. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. EXHIBIT 4 Exhibit D INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted. Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. Any deductibles or self- insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. EXHIBIT 4 • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Page 21 EXHIBIT 4 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than .......... occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. EXHIBIT 4 [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside /outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. (Xj EXHIBIT 4 ATTACHMENT 1 Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ( "certificate ") -A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor' in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. EXHIBIT 4 E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 25 EXHIBIT 4 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 26 EXHIBIT 4 Exhibit E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity, 2 Fµ] Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. .� ............._._..._ Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of theqe uestionnaire? Ej y Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Ej Yes ..J No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. _...- . _ ._.......n .._ ...m ........ .... 4 Signature of person doing business with the governmental Date entity EXHIBIT 4 EXHIBIT "F" 7/16/2014 To: City of Denton Attn: Kathy Gault RE: JTS Service Rates 5.310 S. C:ockreII I lilt Road Dallas. 'fX 75236 T972-620-1435 F 97' -217 -5023 s a I c s.0-iji s.net 6VWX jtS.nCL Scheduled Service (Services schedule two (2) weeks in advance; i.e. Annual or Monthly Services, Misc. Pro - jects,etc ... )with a two man rescue certified tower crew; $125.00 per hour plus materials during normal business hours $175.00 per hour plus materials during non- business hours Non - critical On -Site Service (Services required within one (1) week of notice) with a two man rescue certified tower crew; $145.00 per hour plus materials during normal business hours $175.00 per hour plus materials during non - business hours Emergency On -Site Service (Services required within one (1) day of notice)with a two man rescue certified tower crew; $175.00 per hour plus materials during normal business hours $200.00 per hour plus materials during non - business hours The time clock start when the crew leaves from JTS office in Dallas and stops when the crew arrives at JTS of- fice from the customers site. There will be a vehicle fee for each service call to cover the cost of the vehicle, fuel and specialized test equip- ment. $140.00 vehicle fee Thomas Emerick Service Manager JTS 5310 S Cockrell Hill Rd Dallas TX 75236 Office: 972 - 620 -1435 ext 141 Pax: 972- 247 -5023 Emergency Response: 972 - 620 -1435 ext 130 Wlie.ii it Conies to Wireless, We Knox, What to Do EXHIBIT 4 EXHIBIT "F" SERVICES PRICING DIR -SDD -2060 JOHNSTON TECHNICAL SERVICES INC. MSRP /List Technical Services - Systems _ .. .Radio .. _ ... Annual A nnual Mainten ance Agreement APpl, ication based - Call for p _ .... _.. ... „ Installation & Maintenance Hourly Rate (I -man crew) $125.00 Installation & Maintenance Day Rate_(8am -5pm, 1 -man crew) $1,000.00 Installation & Maintenance Hourly Rate (2 -man crew) - $250.00 Installation & Maintenance Day Rate (8am -5pm, 2 -man crew) $2,000.00 Installation & Maintenance Hourly Rate (3 -man crew) $375.00 Installation & Maintenance Day Rate (Sam-5pm, 3 -man crew).� ......... W.. $3,000.00 Installation & Maintenance Hourly Rate (4 -man crew) $500.00 Installation & Maintenance Day Rate (8am -51)m, 4 -man crew) $4,000.00 Site Survey (per day) �_... $2,000.00 _...S _. Spectrum Analysis (per day) mpITIT ._. 2,000 -00 Systems Engineering Hourly Rate $250.00 Troubleshooting Hourly Rate (2 -man crew) $250.00 FCC License Coordination Fee Single _ point-to-point ho $2,000.00 Training (1 -day) ..._....mm,.mm $1,000.00 __......_... Meeting (2 -ho ...�._..,......,_ ur slot) _ -. $250.00 Mobilization (ner 1 -hour increment ...... -. - .._.... ner tech) —.... $80.00 ....... _.__.. .Report Generation. __..�.. ...�._.......__.._._ $ 1 000.00 JTS Bucket Truck Usage (day rate) $500.00 External Resource Lease -Man Lift (day rate) Commercial List Price External Resource Lease - Crane (hourly rate) ....... Commercial List Price emm .... External Resource Lease - Backhoe (day rate) Commercial List Price Technical Services - Tower Construction & Mise Tower Related Services .� ._ Inspection ..._ _ ..........__....�.._.�_....... Tower (Pct t tower) $3,150.00 Tower Engineering (Geotechnical and PE Reports) >.... $5,500.00 - � _..... Tower Installation (Foundation) plication ased -Call for 1 Ap b Tower Installation (Stacking) Application based - Call for 1 Tower Grounding (per tower) ._._._._�- Application based - Call for 1 _7 - Hourly .__...____..m.�..._.__...... .. Tower Repair Rate (ner man) $125.00 Tower Work - General Hourly Rate (per man crew) _ $125.00 Tower Tear -Down and Removal - Dav Rate (4 -man crew) $4,000.00 For more information and current DIR pricing on these and other JTS Services, please contact JTS at: sales0 ts.net or 972 - 620 -1435 x.140. Prices subject change without notice. gum Contract Details EXHIBIT 4 Page I of I EXHIBIT "F Search By- Hmew w root toile rig „� it Mo.. Co-op Contracts Tc....g.v Security Data Center Telecom IT Leadership About DIR Contact Us 5- Return —te- search Lresults < Return to Main Search Johnston Technical Services, Inc. Dba: ITS How to Order URL Vendor LAebslte DIR Contract Number DIR-SDD-2060 1. For Product and pMing 101formatien, vl'4k the Vendor ID 1752621300800 Contract Term End Date 2/27/2015 )Saar -p HUB Type Non HUB Contract Exp Date 2/27/2017 weh tjp 01 ctqjj,,.jcj r_yI(LfL&�[' M (972) 620. 1435, X125. Reseller Vendors are also available through this Contract. Select from any Reseller Johnston Technical Services, Inc. Dba: ]TS DIR Vendor contact listed below to also obtain Contact Kyle Fuller Contact Pganp Loe product and pricing information. Phone (972) 620-1435 X125 Phone (512) 463-0687 2. Generale a purchase order, made payable to Fax (972) 247-5023 Fax (512) 475-4759 Johnston Technical Services, Inc. Dba: ITS or any Reseller Vendor listed below. You must reference the DIR Contract Number DIR-SDD- 2060 on your purchase order. 3. E-mail or Fax your purchase order and quote Contract Overview form to your designated vendor or reseller sales representative. Get Adobe Reader _ Contract: P1815P_D-2060 Available Brands Standard Terms and Conditions PDF - 427 KB This appendix contains the standard DIR Terms and Conditions for the contract as of the Axell date identified. Any initial exceptions to these Terms will be contained in the original Cambium Networks contract. All subsequent changes or updates to the Terms and Conditions will be reflected In Dragonwave contract amendments. E-Band HUB 5ubcontractlna plan fHSPS PDF - 486 KB I Updated 02/2812013 PureWave The purpose of the HUB Program Is to promote full and equal business opportunities for all Rohn businesses in State contracting in accordance with the goals specified In the State of Texas Disparity Study. The HSP identifies all authorized resellers and/or all subcontractors performing services. Available Products & Services EdCinS PDF- 19 KB I Updated 02/19/2014 Pricing for available products and/or services under this contract are limited to those Emergency Preparedness Hardware and Related Services identified in the appendix. Electronic and Information Resources (EIR) Accessibility Information regarding Electronic and Information Resources (EIR) accessibility of this vendor's offerings is Included in the contract. Agencies purchasing products or services are responsible for complying with Texas EIR Accessibility statute and rules, as defined In TGC 2054 Subchapter M, ITAC 206, and I TAC 213. For additional Information, visit the Vendor Website or contact the vendor directly. Additional Contract Information Appendix D, Service Level Agreement (80 KB) Amendment 1 (223 KB) return to 5c :<—Yq thanks, ir ;a search Reseller Vendor Contacts There are no resellers associated with this contract Ca 2ocu :nt Library fMQ_s Dept. of Information Resources §t tLwide LS­,ch i�M 5!!e Policies 300 W. 15(h St. Ste. 1300 52 �Ilsamq _'Iftes Ligme laa-d-smumly Site Man A-fl., TX 78701 MAP pl-n0 iens_Ve¢erans PWrta! L-k-E-919M (512) 475-4700 L!M!E' 09,9POZOW4A About-DIR C) Department of Information Resources 2012 Page 30 littp://w-%vw2.dii-.state.tx.us/ict/coiitracts/Pages/Details.aspx?dlr—coiitract—nuiiiber=DIR-SD... 7/16/2014 EXHIBIT 4 EXHIBIT "F �mmmmAPPENDIX C - PRICING INDEX DIR-SDD-2060 Customer AMENDMENT No. I Discount '/o off JOHNSTON TECHNICAL SERVICES INC. MSRP Emergency Preparedness Hardware Products Axel] All Products 10.00% Cambium Networks Radios/Antennas/License Keys 18.00% Accessories (Mounts, Protectors, etc.) . . ............ 22.00% DragonWave/All Products 15.00% E- Band /All Products - . . . . . . . . . . . . ...... ............ . . . 15.00% ,PureWave Base Stations/Antennas/Pole Mount Kit/Management System 10.00% CPEs 3.00% .................. . .............. Accessories, 5.00% Rohn Towers/All Products (excludes Roof Mounts) 10.00% Ruggedcom/All Products except 3rd Party Items 8.00% Sabre Site Solutions/All Products 11.50% Siklu All Products ... ............. 12.00% Sub 10 Systems/All Products 10.00% Trylon Towers/All Products . ..... . . . ..... . . . . ........... 14.50% Emergency Preparedness Accessories Cabling 5.00% Patch Cords 5.00% . . . ... ..... . . ...... . ... ........ ............. Connectors 5.00% ........... Power Supi,] les 5.00% 'Protectors 5.00% Mounting Hardware (Clamps, Hangers, Brackets, Mounts, Masts, etc.) mm 5.00% Grounding Kits 5.00% Wc.athei proofing Material 5.00% Emergency Preparedness Services Technical Services - Radio Symms Annual Maintenance Agreement - -- - ----- - 12.00% - - - - - - - ------------------ - Installation & Maintenance Houdy Rate (I -rnan crew) 12.00% Installation & Maintenance Day Rate (8am-5pm, I-man cww) 12.00% Installation & Maintenance Hourly Rate (2-man crew) 12.00% w. Installation & Maintenance Day Rate (8arn-5pn, 2-man crew) 12.00% Installation & Maintenance Hourly Rate (3 -man crew) 12.00% Installation & Maintenance Day Rate (8am-5prn, 3-man crew) 12.00% Installation & Maintenance Hourly Rate (4-man crew) 12.00% -.11 .1- .... . ...... Installation & Maintenance Day Rate (8ani-5pni, 4-man crew) 12.00% Site Survey (pci, node) 12.00% Page 31 EXHIBIT 4 EXHIBIT "I"' Page 32 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts Table of Contents 1. Contract Scope. ...... - ......... .......................... ......... ............ ,.. ...... ,........................ 1 2. No Quantity Guarantees .................... .. ......... .......................... 1 3. Definitions ................... .... ........, ...,.... ..,,....... ....... . ...........,....I 4. General Provisions ............................ ............................... ........ ....... ........ .............. 2 A. Entire Agreement ........................ ............................... ,....... ......... ......... .,,.,......... .. 2 B. Modification of Contract Terms and /or Amendments.... ... — ......... ........ ........... ____ 2 C. Invalid Term or Condition ... ... .... ....... .......... ,....,. ..,.... ....... . ............... 2 D. Assignment ................... ................. .............. ..................... ,........ .............. 3 E. Survival ......................... .............. ... ......,...,.................... ..,........ .... .................... .. 3 F. Choice of Law ....................... . , ..........,..,, 3 G. Limitation of Authority. ......... ... .... .......... .,.,,... ....,..,........ 3 5. Product Terms and Conditions........., ........ ......... ....... ............... 3 A. Electronic and Information Resources Accessibility Standards, As Required by l TAC Chapters 206 and 213 (Applicable to State Agency and Institution of Higher Education Purchases Only) ........... .... ..... ... ..... .......... ............ ...•, -, 3 B. Purchase of Commodity Items (Applicable to State Agency Purchases Only) ...... ................., ..,...,..................... ........ .,..... ........ .......,, ....... ,.............,,.4 6. Contract Fulfillment and Promotion ....................................................... ............................... 4 A. Service, Sales and Support of the Contract.... ...... __ .................... ___ ......... ___ ...... — 4 B. Use of Order Fulfil lers ................................................................... ............................... 5 1) Designation of Order Fulfillers ........................................... ,......... ,. ............. .... ....... 5 2) Changes in Order Fulfiller List .......... .......... ,...... ...... ...................... .... .._......,_,...,,. 5 3) Order Fulfiller Pricing to Customer .......................... ............. ,........ - ..................... 5 C. Product Warranty and Return Policies ............................................ ............................... 5 D. Customer Site Preparation ....... ...............,.. ...._..,, , ........ ........ ...... .. ..............., 6 E. Internet Access to Contract and Pricing Information .......... ........ ..... - ............... ...... 6 1) Vendor Website ................. ................................. .... ........... .,.. ..........,....... . ..... 6 2) Accurate and Timely Contract Information ..... .............. ......... .....•.......... — ............ 6 3) Website Compliance Checks ................................................... ............................... 6 4) Website Changes ....................................................................... ............................... 6 5) Use of Access Data Prohibited ............................................... ............................... 6 6) Responsibility for Content ....................................................... ............................... 7 F. D1R Logo .... ........ ........ ......... .......... ......... 7 G. Vendor and Order Fulfiller Logo ..................... .............. ..... ..,........ ._... ....................... 7 H. Trade Show Participation...,... . ........... ............... ..... ............,.............. 7 1. Orientation Meeting...... ............ ......... ................. 7 J. Performance Review Meetings .. .......... . ....... ................ 7 K. DIR Cost Avoidance ..... ......... ....... ...... ........... .... ........ ......... .., ......... ....., 8 12/17/12 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts 7. Purchase Orders, Invoices, and Payments . ......... ......... ......... ........... .. ...... .. .............. . 8 A. Purchase Orders ......... ......... ..................,,. .......... .......,................... ._...,..........,. 8 B. Invoices ...................... ........... ......... .....,............... ......... ,,....,...... ..,... ...... ........ .,..,... 8 C. Payments .............................. ... ,.. ... ...,........... .........., ..., ...... .......... . ....,,......... 8 8. Contract Administration...... .......... ........... ...................... ........ ....... ................. ...... 8 A. Contract Administrators ........ ......... ......... .,.. ........ ,.....- ......,.. ...,..............8 1) State Contract Administrator ....... ........ ......... ...... ........ ............. .............. 8 2) Vendor Contract Administrator ............. ......... ....... .......... ........ ................. 9 B. Reporting and Administrative Fees ........................ ........ ......... ......... ................. 9 1) Reporting Responsibility ............ ........ ......... ......... ........ ........ ..........,....... 9 2) Detailed Monthly Report ............ ......... ...... ...... ___ ,,.. ., ........ ......,............ 9 3) Historically Underutilized Businesses Subcontract Reports .... ............................... 9 4) DIR Administrative Fee ........................................................... ............................... 9 5) Accurate and Timely Submission of Reports ................................ ..... __.............. 10 C. Records and Audit ........................................................................ ............................... 10 D. Contract Administration Notification ........................................... ............................... 11 9. Vendor Responsibilities ................. ......... ....,...,......., ..,..,.... .........., ......,. .... .._.,.. .... .., 11 A. Indemnification ............................................................................ ............................... 1 l B. Taxes /Worker's Compensation /UNEMPLOYMENT INSURANCE ........................ 12 C. Vendor Certifications. ........ ........................_... 13 D. Ability to Conduct Business in Texas ...... ........ ......... ............. .. ........... .......... 15 E. Equal Opportunity Compliance ................................................... ............................... 15 F. Use of Subcontractors .................................................................. ............................... 15 G. Responsibility for Actions .... ......... ......... ........................ ....... .... __ ...... ............... 15 H. Confidentiality ....................... ... .... ..................... ................,.,.,..... ............ . .......... ..... 16 I. Securit of Premises Equipment, Data and Personnel ................ ............................... Y � 16 J. Background and /or Criminal History Investigation ..................... ............................... 16 K. Limitation of Liability .................................................................. ............................... 16 L. Overcharges ................. ............................... ......... ......... ........ ....... ................. 17 M. Prohibited Conduct ............... ............................... ...... ..... .. ...... ....... ................ 17 N. Required Insurance Coverage .......... .................... ......... ........ .. ............ .,,,, ....... 17 O. Use of State Property .............. ............................... ......... ........ ............................ 18 P. Immigration ....... ............................... ............. .......... .............. ......... ......... ..... 18 Q. Public Disclosure ....... ......... ....... ....................... ...... ......... ... „........... .... ....... 18 R. Product and /or Services Substitutions ....................... ..... ........... .. ,,... ... .... .... ............... 1.8 S. Secure Erasure of Hard Disk Products and /or Services ............... ............................... 19 T. Deceptive Trade Practices; Unfair Business Practices 19 U. Drug Free Workplace Policy 10. Contract Enforcement 19 A, Enforcement of Contract and Dispute Resolution c B. Termination,.....,.. ....... ........... ..................2.0 l) Termination for Non - Appropriation . ............................... .......... ......... ............ 2.0 12/17/12 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts a) Termination for Non - Appropriation by Customer .................... ............................... 20 b) Termination for Non - Appropriation by DIR ........................... ............................... 20 2) Absolute Right ........ ................ ..,.,..... ,.....,. ....... ,. ......... ......,,.... 20 3) Termination for Convenience ....................... ......... ......,.......... ,....,................... ._.,m, 20 4) Termination for Cause ......... ... __ . . ....... ......... ,... .......... ........... 21 a) Contract.. ..,. ..... ................ ........... ........... ........ ................ ___ ......... .21 b) Purchase Orderr .......... ............................... ...................... ............................... 21 5) Customer Rights Under Termination ..................................... ............................... 21 6) Vendor or Order Fulfiller Rights Under Termination ............ ............................... 21 C. Force Majeure ................ ... .. ... .. ............... ... .,.. ..,..... .............21 11. Notification .......................... ......... .................. ..... ... .... ............. ____ .... . ......... ............. 22 A. Notices __ ............. . ......... .............22 B. Handling of Written Complaints .............. ......... ....... ............. ......... .............. . ......... 22 12. Captions .................... ............................... ......... ............................... ....... .,............. 22 12/17/12 ft Page 35 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts The following terms and conditions shall govern the conduct of DIR and Vendor during the term of the Contract. 1, Contract Scope The Vendor shall provide the products and related services specified in Section 3 of the Contract for purchase by Customers. In addition, DIR and Vendor may agree to provisions that allow Vendor and /or Order Fulfiller to lease the products offered under the Contract. Terms used in this document shall have the meanings set forth below in Section 3. 2. No Quantity Guarantees The Contract is not exclusive to the Vendor. Customers may obtain products and related services from other sources during the term of the Contract. DIR makes no express or implied warranties whatsoever that any particular quantity or dollar amount of products and related services will be procured through the Contract. 3. Definitions A. Customer - any Texas state agency, unit of local government, institution of higher education as defined in Section 2054.003, Texas Government Code, and those state agencies purchasing from a DIR contract through an Interagency Agreement, as authorized by Chapter 771, Texas Government Code, any local government as authorized through the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and the state agencies and political subdivisions of other states as authorized by Section 2054.0565, Texas Government Code and, except for telecommunications services under Chapter 2170, Texas Government Code, assistance organizations as defined in Section 2175.001, Texas Government Code to mean: l) A non -profit organization that provides educational, health or human services or assistance to homeless individuals; 2) A nonprofit food bank that solicits, warehouses, and redistributes edible but unmarketable food to an agency that feeds needy families and individuals; 3) Texas Partners of the Americas, a registered agency with the Advisory Committee on Voluntary Foreign Aid, with the approval of the Partners of the Alliance Office of the Agency for International Development; 4) A group, including a faith -based group, that enters into a financial or non - financial agreement with a health or human services agency to provide services to that agency's clients; 5) A local workforce development board created under Section 2308.253; 6) A nonprofit organization approved by the Supreme Court of Texas that provides free legal services for low - income households in civil matters; 7) The Texas Boll Weevil Eradication Foundation, Inc., or an entity designated by the commissioner of agriculture as the foundation's successor entity under Section 74.1011, Texas Agriculture Code; 8) A nonprofit computer bank that solicits, stores, refurbishes and redistributes used computer equipment to public school students and their families; and 9) A nonprofit organization that provides affordable housing. 12/17/12 Page 1 of 22 .- EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts B. Compliance Check — an audit of Vendor's compliance with the Contract may be performed by, but not limited to, a third party auditor, DIR Internal Audit department, or DIR contract management staff or their designees. C. Contract — the document executed between DIR and Vendor into which this Appendix A is incorporated. D. CPA — refers to the Texas Comptroller of Public Accounts. E. Day - shall mean business days, Monday through Friday, except for State and Federal holidays. If the Contract calls for performance on a day that is not a business day, then performance is intended to occur on the next business day. F. Order Fulfiller — the party, either Vendor or a party that may be designated by Vendor, who is fulfilling a Purchase Order pursuant to the Contract. G. Purchase Order - the Customer's fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or other authorized instrument). H. State — refers to the State of Texas. 4. General Provisions A. Entire Agreement The Contract, Appendices, and Exhibits constitute the entire agreement between DIR and the Vendor. No statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained in the Contract, Appendices, or its Exhibits shall be binding or valid. B. Modification of Contract Terms and /or Amendments 1) The terms and conditions of the Contract shall govern all transactions by Customers under the Contract. The Contract may only be modified or amended upon mutual written agreement of DIR and Vendor. 2) Customers shall not have the authority to modify the terms of the Contract; however, additional Customer terms and conditions that do not conflict with the Contract and are acceptable to Order Fulfiller may be added in a Purchase Order and given effect. No additional tern or condition added in a Purchase Order issued by a Customer can conflict with or diminish a term or condition of the Contract. Pre- printed terms and conditions on any Purchase Order issued by Customer hereunder will have no force and effect. In the event of a conflict between a Customer's Purchase Order and the Contract, the Contract term shall control. 3) Customers and Vendor will negotiate and enter into written agreements regarding statements of work, service level agreements, remedies, acceptance criteria, information confidentiality and security requirements, and other terns specific to their Purchase Orders under the Contract with Vendors. C. Invalid Term or Condition 1) To the extent any term or condition in the Contract conflicts with the applicable Texas and /or United States law or regulation, such Contract term or condition is void and unenforceable. By executing a contract which contains the conflicting term or condition, DIR makes no representations or warranties regarding the enforceability of such term or condition and DIR does not waive the applicable Texas and /or United 12/17/12 Page 2 of 22 Page 37 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts States law or regulation which conflicts with the Contract term or condition. 2) If one or more term or condition in the Contract, or the application of any term or condition to any party or circumstance, is held invalid, unenforceable, or illegal in any respect by a final judgment or order of the State Office of Administrative 1 -learings or a court of competent jurisdiction, the remainder of the Contract and the application of the term or condition to other parties or circumstances shall remain valid and in full force and effect. D. Assignment DIR or Vendor may assign the Contract without prior written approval to: i) a successor in interest (for DIR, another state agency as designated by the Texas Legislature), or ii) a subsidiary, parent company or affiliate, or iii) as necessary to satisfy a regulatory requirement imposed upon a party by a governing body with the appropriate authority. Assignment of the Contract under the above terms shall require written notification by the assigning party. Any other assignment by a party shall require the written consent of the other party. Each party agrees to cooperate to amend the Contract as necessary to maintain an accurate record of the contracting parties. E. Survival All applicable software license agreements, warranties or service agreements that were entered into between Vendor and a Customer under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Contract. F. Choice of Law The laws of the State of Texas shall govern the construction and interpretation of the Contract. Exclusive venue for all actions with be in state court, Travis County, Texas. Nothing in the Contract or its Appendices shall be construed to waive the State's sovereign immunity. G. Limitation of Authority Vendor shall have no authority to act for or on behalf of the Texas Department of Information Resources or the State of Texas except as expressly provided for in this Contract; no other authority, power or use is granted or implied. Vendor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas or Texas Department of Information Resources. 5. Product Terms and Conditions A. Electronic and Information Resources Accessibility Standards, As Required by 1 TAC Chapters 206 and 213 (Applicable to State Agency and Institution of Higher Education Purchases Only) 1) Effective September 1, 2006 state agencies and institutions of higher education shall procure products which comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapters 12/17/12 Page 3 of 22 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts 206 and 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. 2) Upon request, but not later thirty (30) days after request, Vendor shall provide DIR with a completed Voluntary Product Accessibility Template (VPAT) of the specified product or a URL to the VPAT for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act). B. Purchase of Commodity Items (Applicable to State Agency Purchases Only) 1) Texas Government Code, §2157.068 requires State agencies to buy commodity items, as defined in 5.13.2 below, in accordance with contracts developed by DIR, unless the agency obtains an exemption from DIR. 2) Commodity items are commercially available software, hardware and technology services that are generally available to businesses or the public and for which DIR determines that a reasonable demand exists in two or more state agencies. Hardware is the physical technology used to process, manage, store, transmit, receive or deliver information. Software is the commercially available programs that operate hardware and includes all supporting documentation, media on which the software may be contained or stored, related materials, modifications, versions, upgrades, enhancements, updates or replacements. Technology services are the services, functions and activities that facilitate the design, implementation, creation, or use of software or hardware. Technology services include seat management, staffing augmentation, training, maintenance and subscription services. Technology services do not include telecommunications services. Seat management is services through which a state agency transfers its responsibilities to a vendor to manage its personal computing needs, including all necessary hardware, software and technology services. 3) Vendor agrees to coordinate all State agency commodity item sales through existing DIR contracts. Institutions of higher education are exempt from this Subsection 5.13. 6. Contract Fulfillment and Promotion A. Service, Sales and Support of the Contract Vendor shall provide service, sales and support resources to serve all Customers throughout the State. It is the responsibility of the Vendor to sell, market, and promote products and services available under the Contract. Vendor shall use its best efforts to ensure that potential Customers are made aware of the existence of the Contract. All sales to Customers for products and services available under the Contract shall be processed through the Contract. 12/17/12 Page 4 of 22 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts B. Use of Order Fulfillers DIR agrees to permit Vendor to utilize designated Order Fulfillers to provide service, sales and support resources to Customers. Such participation is subject to the following conditions: 1) Designation of Order Fulfillers a) Vendor may designate Order Fulfillers to act as the distributors for products and services available under the Contract. In designating Order Fulfillers, Vendor must be in compliance with the State's Policy on Utilization of Historically Underutilized Businesses. In addition to the required Subcontracting Plan, Vendor shall provide DIR with the following Order Fulfiller information: Order Fulfiller name, Order Fulfiller business address, Order Fulfiller CPA Identification Number, Order Fulfiller contact person email address and phone number. b) DIR reserves the right to require the Vendor to rescind any such Order Fulfiller participation or request that Vendor name additional Order Fulfillers should DIR determine it is in the best interest of the State. e) Vendor shall be fully liable for its Order Fulfillers' performance under and compliance with the terms and conditions of the Contract. Vendor shall enter into contracts with Order Fulfillers and use terms and conditions that are consistent with the terms and conditions of the Contract. d) Vendor shall have the right to qualify Order Fulfillers and their participation under the Contract provided that: i) any criteria is uniformly applied to all potential Order Fulfillers based upon Vendor's established, neutrally applied criteria, ii) the criteria is not based on a particular procurement, and iii) all Customers are supported under the different criteria. e) Vendor shall not prohibit Order Fulfiller from participating in other procurement opportunities offered through DIR. 2) Changes in Order Fulfiller List Vendor may add or delete Order Fulfillers throughout the term of the Contract upon written authorization by DIR. Prior to adding or deleting Order Fulfillers, Vendor must make a.good faith effort in the revision of its Subcontracting Plan in accordance with the State's Policy on Utilization of Historically Underutilized Businesses. Vendor shall provide DIR with its updated Subcontracting Plan and the Order Fulfiller information listed in Section 6.B.l.a above. 3) Order Fulfiller Pricing to Customer Order Fulfiller pricing to the Customer shall comply with the Customer price as stated within Section 4 of the Contract. This pricing shall only be offered by Order Fulfillers to Customers for sales that pass through the Contract. C. Product Warranty and Return Policies Order Fulfiller will adhere to the Vendor's then - currently published policies concerning product warranties and returns. Product warranty and return policies for Customers will not be more restrictive or more costly than warranty and return policies for other similarly situated Customers for like products. 12/17/12 Page 5 of 22 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts D. Customer Site Preparation Customers shall prepare and maintain its site in accordance with written instructions furnished by Order Fulfiller prior to the scheduled delivery date of any product or service and shall bear the costs associated with the site preparation. E. Internet Access to Contract and Pricing Information 1) Vendor Website Within thirty days of the effective date of the Contract, Vendor will establish and maintain a website specific to the product and service offerings under the Contract which is clearly distinguishable from other, non -DIR Contract offerings at Vendor's website. The website must include: the product and services offered, product and service specifications, Contract pricing, designated Order Fulfillers, contact information for Vendor and designated Order Fulfillers, instructions for obtaining quotes and placing Purchase Orders, and warranty and return policies. The Vendor's website shall list the DIR Contract number, reference the DIR Information and Communications Technology (ICT) Cooperative Contracts program, display the DIR logo in accordance with the requirements in paragraph F of this Section, and contain a link to the DIR website for the Contract. 2) Accurate and Timely Contract Information Vendor warrants and represents that the website information specified in the above paragraph will be accurately and completely posted, maintained and displayed in an objective and timely manner. Vendor, at its own expense, shall correct any non- conforming or inaccurate information posted at Vendor's website within ten (10) business days after written notification by DIR. 3) Website Compliance Checks Periodic compliance checks of the information posted for the Contract on Vendor's website will be conducted by DIR. Upon request by DIR, Vendor shall provide verifiable documentation that pricing listed upon this website is uniform with the pricing as stated in Section 4 of the Contract. 4) Website Changes Vendor hereby consents to a link from the DIR website to Vendor's website in order to facilitate access to Contract information. The establishment of the link is provided solely for convenience in carrying out the business operations of the State. DIR reserves the right to terminate or remove a link at any time, in its sole discretion, without advance notice, or to deny a future request for a link. DIR will provide Vendor with subsequent notice of link termination or removal. Vendor shall provide DIR with timely written notice of any change in URL or other information needed to access the site and /or maintain the link. 5) Use of Access Data Prohibited If Vendor stores, collects or maintains data electronically as a condition of accessing Contract information, such data shall only be used internally by Vendor for the purpose of implementing or marketing the Contract, and shall not be disseminated to third parties or used for other marketing purposes. The Contract constitutes a public document under the laws of the State and Vendor shall not restrict access to Contract terms and conditions including pricing, i.e., through use of restrictive technology or 12/17/12 Page 6 of 22 Page 41 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts passwords. 6) Responsibility for Content Vendor is solely responsible for administration, content, intellectual property rights, and all materials at Vendor's website. DIR reserves the right to require a change of listed content if, in the opinion of DIR, it does not adequately represent the Contract. F. DIR Logo Order Fulfiller may use the DIR logo in the promotion of the Contract to Customers with the following stipulations: (i) the logo may not be modified in any way, (ii) when displayed, the size of the DIR logo must be equal to or smaller than the Order Fulfiller logo, (iii) the DIR logo is only used to communicate the availability of products and services under the Contract to Customers, and (iv) any other use of the DIR logo requires prior written permission from DIR. G. Vendor and Order Fulfiller Logo DIR may use the Vendor's and Order Fulfiller's name and logo in the promotion of the Contract to communicate the availability of products and services under the Contract to Customers. Use of the logos may be on the DIR website or on printed materials. Any use of Vendor's and Order Fulfiller's logo by DIR must comply with and be solely related to the purposes of the Contract and any usage guidelines communicated to DIR from time to time. Nothing contained in the Contract will give DIR any right, title, or interest in or to Vendor's or Order Fulfiller' trademarks or the goodwill associated therewith, except for the limited usage rights expressly provided by Vendor and Order Fulfiller. H. Trade Show Participation At DIR's discretion, Vendor and Order Fulfillers may be required to participate in one or more DIR sponsored trade shows each calendar year. Vendor understands and agrees that participation, at the Vendor's and Order Fulfiller's expense, includes providing a manned booth display or similar presence. DIR will provide four months advance notice of any required participation. Vendor and Order Fulfillers must display the DIR logo at all trade shows that potential Customers will attend. DIR reserves the right to approve or disapprove of the location or the use of the DIR logo in or on the Vendor's or Order Fulfiller's booth. I. Orientation Meeting Upon thirty (30) calendar days from execution of the Contract, Vendor and Order Fulfillers will be required to attend an orientation meeting to discuss the content and procedures of the Contract. The meeting will be held within the Austin, Texas area at a date and time mutually acceptable to DIR and the Vendor. DIR shall bear no cost for the time and travel of the Vendor or Order Fulfillers for attendance at the meeting. J. Performance Review Meetings DIR will require the Vendor to attend periodic meetings to review the Vendor's performance under the Contract. The meetings will be held within the Austin, Texas area at a date and time mutually acceptable to DIR and the Vendor. DIR shall bear no cost for 12/17/12 Page 7 of 22 Page 42 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions I+or Product and Related Services Contracts the time and travel of the Vendor for attendance at the meeting. K. DIR Cost Avoidance As part of the performance measures reported to state leadership, DIR must provide the .cost avoidance the State has achieved through the (,ontr�'CL Upon request by DM, Vendor shall provide DIR with a detailed report of �,r representative wimple of Prrrducts sold under the Contract. The report shall contain- product part number, product description, list price, price to Customer under the Contract, and pr�rcing from three (3) alternative sources under which DIR customers can procure the products. T Purchase Orders, Invoices, and Payments A. Purchase Orders All Customer Purchase Orders will be placed directly with the Order Fulfiller. Accurate Purchase Orders shall be effective and binding upon Order Fulfiller when accepted by Order Fulfiller. B. Invoices 1) Invoices shall be submitted by the Order Fulfiller directly to the Customer and shall be issued in compliance with Chapter 2251, Texas Government Code. All payments for products and /or services purchased under the Contract and any provision of acceptance of such products and /or services shall be made by the Customer to the Order Fulfiller. 2) Invoices must be timely and accurate. Each invoice must match Customer's Purchase Order and include any written changes that may apply, as it relates to products, prices and quantities. Invoices must include the Customer's Purchase Order number or other pertinent information for verification of receipt of the product or services by the Customer. C. Payments Customers shall comply with Chapter 2251, Texas Government Code, in making payments to Order Fulfiller. The statute states that payments for goods and services are due thirty (30) days after the goods are provided, the services completed, or a correct invoice is received, whichever is later. Payment under the Contract shall not foreclose the right to recover wrongful payments. 8. Contract Administration A. Contract Administrators DIR and the Vendor will each provide a Contract Administrator to support the Contract. Information regarding the Contract Administrators will be posted on the Internet website designated for the Contract. 1) State Contract Administrator DIR shall provide a Contract Administrator whose duties shall include but not be limited to: i) supporting the marketing and management of the Contract, ii) advising DIR of Vendor's performance under the terms and conditions of the Contract, and iii) periodic verification of product pricing and monthly reports submitted by Vendor. 12/17/12 Page 8 of 22 Page 43 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts 2) Vendor Contract Administrator Vendor shall provide a dedicated Contract Administrator whose duties shall include but not be limited to: i) supporting the marketing and management of the Contract, ii) facilitating dispute resolution between a Order Fulfiller and a Customer, and iii) advising DIR of Order Fulfillers performance under the terns and conditions of the Contract. DIR reserves the right to require a change in Vendor's then - current Contract Administrator if the assigned Contract Administrator is not, in the opinion of DIR, adequately serving the needs of the State. B. Reporting and Administrative Fees 1) Reporting Responsibility a) Vendor shall be responsible for reporting all products and services purchased through Order Fulfillers under the Contract. Vendor shall file the monthly reports, subcontract reports, and pay the administrative fees in accordance with the due dates specified in this section. b) DIR shall have the right to verify required reports and to take any actions necessary to enforce its rights under this section, including but not limited to, compliance checks of Vendor's applicable Contract books at DIR's expense. 2) Detailed Monthly Report Vendor shall electronically provide DIR with a detailed monthly report in the format required by DIR showing the dollar volume of any and all sales under the Contract for the previous month period. Reports shall be submitted to the DIR ICT Cooperative Contracts B -Mail Box at ict sales Qdir.texas.aov. Reports are due on the fifteenth (15`r') calendar day after the close of the previous month period. The monthly report shall include, per transaction: the detailed sales for the period, Customer narne, invoice date, invoice number, description, quantity, manufacturer's suggested retail price, unit price, extended price, Customer Purchase Order number, contact name, Customer's complete billing address, and other information as required by DIR. Each report must contain all information listed above per transaction or the report will be rejected and returned to the Vendor for correction in accordance with this section. 3) Historically Underutilized Businesses Subcontract Reports a) Vendor shall electronically provide each Customer with their relevant Historically Underutilized Business Subcontracting Report, pursuant to the Contract, as required by Chapter 2161, Texas Government Code. Reports shall also be submitted to DIR. b) Reports shall be due in accordance with the CPA rules. 4) DIR Administrative Fee a) An administrative fee shall be paid by Vendor to DIR to defray the DIR costs of negotiating, executing, and administering the Contract. The maximum administrative fee is set by the Texas Legislature in the biennial General Appropriations Act. Payment of the administrative fee shall be due on the fifteenth (15`r') calendar day after the close of the previous month period. DIR may change the amount of the administrative fee upon thirty (30) days written 12/17/12 Page 9 of 22 Page 44 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts notice to Vendor without the need for a formal contract amendment. b) Vendor shall reference the DIR Contract number on any remittance instruments. 5) Accurate and Timely Submission of Reports a) The reports and administrative fees shall be accurate and timely and submitted in accordance with the due dates specified in this section. Vendor shall correct any inaccurate reports or administrative fee payments within three (3) business days upon written notification by DIR. Vendor shall deliver any late reports or late administrative fee payments within three (3) business days upon written notification by DIR. If Vendor is unable to correct inaccurate reports or administrative fee payments or deliver late reports and fee payments within three (3) business days, Vendor must contact DIR and provide a corrective plan of action, including the timeline for completion of correction. The corrective plan of action shall be subject to DIR approval. b) Should Vendor fail to correct inaccurate reports or cure the delay in timely delivery of reports and payments within the corrective plan of action timeline, DIR reserves the right to require an independent third party audit of the Vendor's records as specified in C.3 of this Section, at DIR's expense. c) Failure to timely submit three (3) reports within any rolling twelve (12) month period may, at DIR's discretion, result in termination of Vendor's Contract. C. Records and Audit 1) Acceptance of funds under the Contract by Vendor and /or Order Fulfiller acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Vendor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Vendor or directly by Order" l i-ilfillers and the requirement to cooperate is included in any subcontract or Order Fulfiller contract it awards pertaining to the Contract. Under the direction of the Legislative Audit Committee, a Vendor that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. 2) Vendor and Order Fulfillers shall maintain adequate records to establish compliance with the Contract until the later of a period of four (4) years after termination of the Contract or until full, final and unappealable resolution of all Compliance Check or litigation issues that arise under the Contract. Such records shall include per transaction: the Order Fulfiller's company name if applicable, Customer name, invoice date, invoice number, description, part number, manufacturer, quantity, unit price, extended price, Customer Purchase Order number, contact name, Customer's complete billing address, the calculations supporting each administrative fee owed DIR under- the Contract, Historically Underutilized Businesses Subcontracting reports, and such other documentation as DIR may 12/17/12 Page 10 of 22 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts request. 3) Vendor and /or Order Fulfillers shall grant access to all paper and electronic records, books, documents, accounting procedures, practices and any other items relevant to the performance of the Contract to the DIR Internal Audit department or DIR Contract Management staff, including the compliance checks designated by the DIR Internal Audit department, DIR Contract Management staff, the State Auditor's Office, and of the United States, and such other persons or entities designated by DIR for the purposes of inspecting, Compliance Checking and /or copying such books and records. Vendor and /or Order Fulfillers shall provide copies and printouts requested by DIR without charge. DIR shall provide Vendor and /or Order Fulfillers ten (10) business days' notice prior to inspecting, Compliance Checking, and /or copying Vendor's and /or Order Fulfiller's records. Vendor's and /or Order Fulfillers records, whether paper or electronic, shall be made available during regular office hours. Vendor and /or Order Fulfiller personnel familiar with the Vendor's and /or Order Fulfiller's books and records shall be available to the DIR Internal Audit department, or DIR Contract Management staff and designees as needed. Vendor and /or Order Fulfiller shall provide adequate office space to DIR staff during the performance of Compliance Check. If Vendor is found to be responsible for inaccurate reports, DIR may invoice for the reasonable costs of the audit, which Vendor must pay within thirty (30) days of receipt. 4) For procuring State Agencies whose payments are processed by the Texas Comptroller of Public Accounts, the volume of payments made to Order Fulfillers through the Texas Comptroller of Public Accounts and the administrative fee based thereon shall be presumed correct unless Vendor can demonstrate to DIR's satisfaction that Vendor's calculation of DIR's administrative fee is correct. D. Contract Administration Notification 1) Upon execution of the Contract, Vendor shall provide DIR with written notification of the following: i) Vendor Contract Administrator name and contact information, ii) Vendor sales representative name and contact information, and iii) name and contact information of Vendor personnel responsible for submitting reports and payment of administrative fees specified herein. 2) Upon execution of the Contract, DIR shall provide Vendor with written notification of the following: i) DIR Contract Administrator name and contact information, and ii) DIR ICT Cooperative Contracts E -Mail Box information. 9. Vendor Responsibilities A. Indemnification 1) Acts or Omissions Vendor shall indemnify and hold harmless the State of Texas and Customers, AND /OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND /OR DESIGNEES FROM AND AGAINST ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or 12/17/12 Page 1 I of 22 Page 46 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract REGARDLESS OF THE NEGLIGENCE OF THE CUSTOMER, THE STATE OF TEXAS AND /OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND /OR DESIGNEES. VENDOR SHALL PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS FEES. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCIES AND BY CUSTOMER'S LEGAL COUNSEL FOR NON -STATE AGENCY CUSTOMERS. 2) Infringements a) Vendor shall indemnify and hold harmless the State of Texas and Customers, AND /OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND /OR DESIGNEES, from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible properly rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF T14E ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR NON -STATE AGENCY CUSTOMERS. b) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and expense: (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer's use is non - infringing. 3) Independent Contractor VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, IT IS FURNISHING SERVICES IN THE CAPACITY OF AN INDEPENDENT CONTRACTOR AND THAT VENDOR IS NOT AN EMPLOYEE OF THE CUSTOMER, DIR OR THE STATE OF TEXAS. B. Taxes/Worker's Compensation/UNEMPLOYMENT INSURANCE X) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR'S AND VENDOR'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO 12/17/12 Page 12 of 22 Page 47 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. VENDOR AGREES AND ACKNOWLEDGES THAT VENDOR ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR SUBCONTRACTORS SHALL NOT BE ENTITLED TO ANY STATE BENEFIT OR BENEFIT OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER. THE CUSTOMER AND /OR THE STATE SHALL NOT BE LIABLE TO THE VENDOR ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND /OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER. 2) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, THE STATE OF TEXAS AND /OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND /OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND /OR WORKERS' COMPENSATION OR EXPECTATIONS OF BENEFITS BY VENDOR, ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR SUBCONTRACTORS IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR NON -STATE AGENCY CUSTOMERS. C. Vendor Certifications Vendor certifies on behalf of Vendor and its designated Order Fulfillers that they: (i) have not given, offered to give, and do not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract; (ii) are not currently delinquent in the payment of any franchise tax owed the State of Texas and are not ineligible to receive payment under §231.006 of the Texas Family Code and acknowledge the Contract may be terminated and payment withheld if this certification is inaccurate; (iii) neither they, nor anyone acting for them, have violated the antitrust laws of the United States or the State of Texas, nor communicated directly or indirectly to any competitor or any other person engaged in such line of business for the purpose of obtaining an unfair price advantage; (iv) have not received payment from DIR or any of its employees for participating in the preparation of the Contract; (v) under Section 2155.004, Texas Government Code, the vendor certifies that the 12/17/12 Page 48 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate; (vi) to the best of their knowledge and belief, there are no suits or proceedings pending or threatened against or affecting them, which if determined adversely to them will have a material adverse effect on the ability to fulfill their obligations under the Contract; (vii) are not suspended or debarred from doing business with the federal government as listed in the Excluded Parties List System (EPLS) maintained by the General Services Administration; (viii) as of the effective date of the Contract, are not listed in the prohibited vendors list authorized by Executive Order #13224, "Blocking Property and Prohibiting Transactions with Persons Who Commil, Threaten to Commit, or Support Terrorism ", published by the United States Departnlent ofthe "freasury, Office ()f Foreign Assets Control; (ix) to the extent applicable to this scope of this Contract, Vendor hereby certifies that it is in coinpl'rance with Subchapter Y, Chapter 36 1, Health and Safety Code related to the Computer Equipment 1�ccyclirlg I'rogran' and its rules, 30 TAC Chapter 328; (ix) agree that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas; (x) are in compliance Section 669.003, Texas Government Code, relating to contracting with executive head of a state agency; (xi) have identified all current or former, within the last five years, employees of the State of Texas assigned to work on the DIR Contract 20% or more of their time and have disclosed them to DIR and have disclosed or do not employ any relative of a current or former state employee within two degrees of consanguinity, and, if these facts change during the course of the Contract, certify they shall disclose the name and other pertinent information about the employment of current and former employees and their relatives within two degrees of consanguinity; (xii) represent and warrant that the provision of goods and services or other performance under the Contract will not constitute an actual or potential conflict of interest and certify that they will not reasonably create the appearance of impropriety, and, if these facts change during the course of the Contract, certify they shall disclose the actual or potential conflict of interest and any circumstances that create the appearance of impropriety; (xiii) under Section 2155.006, Government Code, are not ineligible to receive the specified contract and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate; and (xiv) have complied with the Section 556.0055, Texas Government Code, restriction on lobbying expenditures. In addition, they acknowledge the applicability of §2155.444 and §2155.4441, Texas Government Code, in fulfilling the terms of the Contract. 12/17/12 Page 14 of 22 Page 49 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts During the term of the Contract, Vendor shall, for itself and on behalf of its Order Fulfillers, promptly disclose to DIR all changes that occur to the foregoing certifications, representations and warranties. Vendor covenants to fully cooperate in the development and execution of resulting documentation necessary to maintain an accurate record of the certifications, representations and warranties. In addition, Vendor understands and agrees that Vendor may be required to comply with additional terms and conditions or certifications that an individual customer may require due to state and federal law (e.g, privacy and security requirements). D. Ability to Conduct Business in Texas Vendor and its Order Fulfiller shall be authorized and validly existing under the laws of its state of organization, and shall be authorized to do business in the State of Texas. E. Equal Opportunity Compliance Vendor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the State in which its primary place of business is located. In accordance with such laws, regulations, and executive orders, the Vendor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by Vendor under the Contract. If Vendor is found to be not in compliance with these requirements during the tern of the Contract, Vendor agrees to take appropriate steps to correct these deficiencies. Upon request, Vendor will furnish information regarding its nondiscriminatory hiring and promotion policies, as well as specific information on the composition of its principals and staff, including the identification of minorities and women in management or other positions with discretionary or decision - making authority. F. Use of Subcontractors If Vendor uses any subcontractors in the performance of this Contract, Vendor must make a good faith effort in the submission of its Subcontracting Plan in accordance with the State's Policy on Utilization of Historically Underutilized Businesses. A revised Subcontracting Plan shall be required before Vendor can engage additional subcontractors in the performance of this Contract. Vendor shall remain solely responsible for the performance of its obligations under the Contract. G. Responsibility for Actions 1) Vendor is solely responsible for its actions and those of its agents, employees, or subcontractors, and agrees that neither Vendor nor any of the foregoing has any authority to act or speak on behalf of DIR or the State. 2) Vendor, for itself and on behalf of its subcontractors, shall report to DIR promptly when the disclosures under Item 18 of Appendix A to the RFO and /or Section 9.C. (xii) and (xiii), Vendor Certifications of this Appendix A to the Contract change. Vendor covenants to fully cooperate with DIR to update and amend the Contract to accurately 12/17/12 Page 15 of 22 Page 50 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts disclose employment of current or former State employees and their relatives and /or the status of conflicts of interest. H. Confidentiality 1) Vendor acknowledges that DIR and Customers that are state agencies are government agencies subject to the Texas Public Information Act. Vendor also acknowledges that DIR and Customers that are state agencies will comply with the Public Information Act, and with all opinions of the Texas Attorney General's office concerning this Act. 2) Under the terms of the Contract, DIR may provide Vendor with information related to Customers. Vendor shall not re -sell or otherwise distribute or release Customer information to any party in any manner. I. Security of Premises, Equipment, Data and Personnel Vendor and /or Order Fulfiller may, from time to time during the performance of the Contract, have access to the personnel, premises, equipment, and other properly, including data, files and /or materials (collectively referred to as "Data ") belonging to the Customer. Vendor and /or Order Fulfiller shall use their best efforts to preserve the safety, security, and the integrity of the personnel, premises, equipment, Data and other properly of the Customer, in accordance with the instruction of the Customer. Vendor and /or Order Fulfiller shall be responsible for damage to Customer's equipment, workplace, and its contents when such damage is caused by its employees or subcontractors. If a Vendor and /or Order Fulfiller fails to comply with Customer's security requirements, then Customer may immediately terminate its Purchase Order and related Service Agreement. J. Background and /or Criminal History Investigation Prior to commencement of any services, background and /or criminal history investigation of the Vendor and /or Order Fulfiller's employees and subcontractors who will be providing services to the Customer under the Contract may be performed by certain Customers having legislative authority to require such investigations. Should any employee or subcontractor of the Vendor and /or Order Fulfiller who will be providing services to the Customer under the Contract not be acceptable to the Customer as a result of the background and /or criminal history check, then Customer may immediately terminate its Purchase Order and related Service Agreement or request replacement of the employee or subcontractor in question. K. Limitation of Liability For any claim or cause of action arising under or related to the Contract: i) to the extent permitted by the Constitution and the laws of the State of Texas, none of the parties shall be liable to the other for punitive, special, or consequential damages, even if it is advised of the possibility of such damages; and ii) Vendor's liability for damages of any kind to the Customer shall be limited to the total amount paid to Vendor under the Contract during the twelve months immediately preceding the accrual of the claim or cause of action. However, this limitation of Vendor's liability shall not apply to claims of patent, trademark, or copyright infringement. 1 2/17/12 Page 16 of 22 Page 51 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts L. Overcharges Vendor hereby assigns to DIR any and all of its claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 U.S.C.A. Section 1, et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. and Comm. Code Section 15.01, et seq. M. Prohibited Conduct Vendor represents and warrants that, to the best of its knowledge as of the date of this certification, neither Vendor nor any Order Fulfiller, subcontractor, firm, corporation, partnership, or institution represented by Vendor, nor anyone acting for such Order Fulfiller, subcontractor, firm, corporation or institution has: (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code, Chapter 15, or the federal antitrust laws; or (2) communicated its response to the Request for Offer directly or indirectly to any competitor or any other person engaged in such line of business during the procurement for the Contract. N. Required Insurance Coverage As a condition of this Contract with DIR, Vendor shall provide the listed insurance coverage within 5 days of execution of the Contract if the Vendor is awarded services which require that Vendor's employees perform work at any Customer premises and /or use employer vehicles to conduct work on behalf of Customers. In addition, when engaged by a Customer to provide services on Customer premises, the Vendor shall, at its own expense, secure and maintain the insurance coverage specified herein, and shall provide proof of such insurance coverage to the related Customer within five (5) business days following the execution of the Purchase Order. Vendor may not begin performance under the Contract and /or a Purchase Order until such proof of insurance coverage is provided to, and approved by, DIR and the Customer. All required insurance must be issued by companies that are A+ financially rated and duly licensed, admitted, and authorized to do business in the State of Texas. The Customer and DIR will be named as Additional Insureds on all required coverage. Required coverage must remain in effect through the term of the Contract and each Purchase Order issued to Vendor there under. The minimum acceptable insurance provisions are as follows: 1) Commercial General Liability Commercial General Liability must include a combined single limit of $500,000 per occurrence for coverage A, B, & C including products /completed operations, where appropriate, with a separate aggregate of $500,000. The policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract; b) Independent Contractor coverage; c) State of Texas, DIR and Customer listed as an additional insured; d) 30 -day Notice of Termination in favor of DIR and /or Customer; and e) Waiver of Transfer Right of Recovery Against Others in favor of DIR and /or Customer. 2) Workers' Compensation Insurance 12/17/12 Page 17 of 22 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts Workers' Compensation Insurance and Employers' Liability coverage must include limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 -1.01 et seq. Tex. Rev. Civ. Stat) and minimum policy limits for Employers' Liability of $250,000 bodily injury per accident, $500,000 bodily injury disease policy limit and $250,000 per disease per employee. 3) Business Automobile Liability Insurance Business Automobile Liability Insurance must cover all owned, non -owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternative acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability per accident. The policy shall contain the following endorsements in favor of DIR and /or Customer: a) Waiver of Subrogation; b) 30 -day Notice of Termination; and c) Additional Insured. O. Use of State Property Vendor is prohibited from using the Customer's equipment, the Customer's Location, or any other resources of the Customer or the State of Texas for any purpose other than performing services under this Agreement. For this purpose, equipment includes, but is not limited to, copy machines, computers and telephones using State of Texas long distance services. Any charges incurred by Vendor using the Customer's equipment for any purpose other than performing services under this Agreement must be fully reimbursed by Vendor to the Customer immediately upon demand by the Customer. Such use shall constitute breach of contract and may result in termination of the contract and other remedies available to DIR and Customer under the contract and applicable law. P. Immigration Vendor shall comply with all requirements related to federal immigration laws and regulations, to include but not be limited to, the Immigration and Reform Act of 1986, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( "IIRIRA ") and the Immigration Act of 1990 (8 U.S.C.1101, et seq.) regarding employment verification and retention of verification forms for any individual(s) hired on or after the effective date of the 1996 Act who will perform any labor or services under this Contract. Nothing herein is intended to exclude compliance by Vendor with all other relevant federal immigration statutes and regulations promulgated pursuant thereto. Q. Public Disclosure No public disclosures or news releases pertaining to this contract shall be made without prior written approval of DIR. R. Product and /or Services Substitutions Substitutions are not permitted without the written permission of DIR or Customer. 12/17/12 Page 18 of 22 Page 53 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts S. Secure Erasure of Hard Disk Products and /or Services Vendor agrees that all products and /or services equipped with hard disk drives (i.e. computers, telephones, printers, fax machines, scanners, multifunction devices, etc.) shall have the capability to securely erase data written to the hard drive prior to final disposition of such products and /or services, either- at the end of the Customer's Managed Services product's useful life or the end of the related Customer Managed Services Agreement for such products and/ services, in accordance with 1 TAC 202. T. Deceptive Trade Practices; Unfair Business Practices a) Vendor represents and warrants that neither Vendor nor any of its Subcontractors has been (i) found liable in any administrative hearing, litigation or other proceeding of Deceptive Trade Practices violations as defined under Chapter 17, Texas Business & Commerce Code, or (ii) has outstanding allegations of any Deceptive Trade Practice pending in any administrative hearing, litigation or other proceeding, b)Vendor certifies that it has no officers who have served as officers of other entities who (i) have been found liable in any administrative hearing, litigation or other proceeding of Deceptive Trade Practices violations or (ii) have outstanding allegations of any Deceptive Trade Practice pending in any administrative hearing, litigation or other proceeding. U. Drug Free Workplace Policy The contractor shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100 -690, Title V, Subtitle D; 41 U.S.C. 701 CT SEQ.) and maintain a drug -free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 10. Contract Enforcement A. Enforcement of Contract and Dispute Resolution 1) Vendor and DIR agree to the following: (i) a party's failure to require strict performance of any provision of the Contract shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision, (ii) for disputes not resolved in the nonnal course of business, the dispute resolution process provided for in Chapter 2260, Texas Government Code, shall be used, and (iii) actions or proceedings arising from the Contract shall be heard in a state court of competent jurisdiction in Travis County, Texas. 2) Disputes arising between a Customer and the Vendor shall be resolved in accordance with the dispute resolution process of the Customer that is not inconsistent with subparagraph A.l above. DIR shall not be a party to any such dispute unless DIR, Customer, and Vendor agree in writing. 12/17/12 Page 19 of 22 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts B. Termination 1) Termination for Non - Appropriation a) Termination for Non - Appropriation by Customer Customer may terminate Purchase Orders if funds sufficient to pay its obligations under the Contract are not appropriated: i) by the governing body on behalf of local governments; ii) by the Texas legislature on behalf of state agencies; or iii) by budget execution authority provisioned to the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government Code. In the event of non - appropriation, Vendor and /or Order Fulfiller will be provided ten (10) calendar days written notice of intent to terminate. Notwithstanding the foregoing, if a Customer issues a Purchase Order and has accepted delivery of the product or services, they are obligated to pay for the product or services or they may return the product and discontinue using services under any return provisions that Vendor offers. In the event of such termination, the Customer will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. b) Termination for Non - Appropriation by DIR DIR may terminate Contract if funds sufficient to pay its obligations under the Contract are not appropriated: by the i) Texas legislature or ii) by budget execution authority provisioned to the Governor or the Legislative Budget Board as provided in Chapter 317, Texas Government Code. In the event of non - appropriation, Vendor and /or Order Fulfiller will be provided thirty (30) calendar days written notice of intent to terminate. In the event of such termination, DIR will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. 2) Absolute Right DIR shall have the absolute right to terminate the Contract without recourse in the event that: i) Vendor becomes listed on the prohibited vendors list: authorized by Executive Order #13224, "Blocking Prol)er t and Prohihilin ri-fi n,waions with Persons Who Con7n7i1, Threaten to Commit, or Szq)j)ort T F r ° <rr°iSrr7 " published by the, United States Department of the Treasury, it -ee of l'oreigpi Assets Control; ii) Vendor becomes suspended or debarred froin doing, business with the fea�er'aI government as listed in the Excluded Parties List System (EPLS) maintained by the General Services Administration; or (iii) Vendor is found by DIR to be ineligible to hold this Contract under Subsection (b) of Section 2155.006, Texas Government Code. Vendor shall be provided written notice in accordance with Section I1.A, Notices, of intent to terminate. 3) Termination for Convenience DIR may terminate the Contract, in whole or in part, by giving the other party thirty 12/17/12 Page 20 of 22 Page 55 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Contracts (30) calendar days written notice. A Customer may terminate a Purchase Order if it is determined by the Customer that Order Fulfiller will not be able to deliver product or services in a timely manner to meet the business needs of the Customer. 4) Termination for Cause a) Contract Either DIR or Vendor may issue a written notice of default to the other upon the occurrence of a material breach of any covenant, warranty or provision of the Contract, upon the following preconditions: first, the parties must comply with the requirements of Chapter 2260, Texas Government Code in an attempt to resolve a dispute; second, after complying with Chapter 2260, Texas Government Code, and the dispute remains unresolved, then the non- defaulting party shall give the defaulting party thirty (30) calendar days from receipt of notice to cure said default. If the defaulting party fails to cure said default within the timeframe allowed, the non - defaulting party may, at its option and in addition to any other remedies it may have available, cancel and terminate the Contract. Customers purchasing products or services under the Contract have no power to terminate the Contract for default. b) Purchase Order Customer or Order Fulfiller may terminate a Purchase Order upon the occurrence of a material breach of any tern or condition: (i) of the Contract, or (ii) included in the Purchase Order in accordance with Section 10.13.2 above, upon the following preconditions: first, the parties must comply with the requirements of Chapter 2260, Texas Government Code, in an attempt to resolve a dispute; second, after complying with Chapter 2260, Texas Government Code, and the dispute remains unresolved, then the non - defaulting party shall give the defaulting party thirty (30) calendar days from receipt of notice to cure said default. If the defaulting party fails to cure said default within the timeframe allowed, the non - defaulting party may, at its option and in addition to any other remedies it may have available, cancel and terminate the Purchase Order. 5) Customer Rights Under Termination In the event the Contract expires or is terminated for any reason, a Customer shall retain its rights under the Contract and the Purchase Order issued prior to the tennination or expiration of the Contract. The Purchase Order survives the expiration or termination of the Contract for its then effective term. 6) Vendor or Order Fulfiller Rights Under Termination In the event a Purchase Order expires or is terminated, a Customer shall pay: 1) all amounts due for products or services ordered prior to the effective termination date and ultimately accepted, and 2) any applicable early termination fees agreed to in such Purchase Order. C. Force Majeure DIR, Customer, or Order Fulfiller may be excused from performance under the Contract for any period when performance is prevented as the result of an act of God, strike, war, 12/17/12 Page 21 of 22 Page 56 EXHIBIT 4 EXHIBIT "F" Appendix A Standard Terms and Conditions For Product and Related Services Coaitracts civil disturbance, epidemic, or court order, provided that the party experiencing the event of Force Majeure has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance and to shorten the duration of the event of Force Majeure. The party suffering an event of Force Majeure shall provide notice of the event to the other parties when commercially reasonable. Subject to this provision, such non - performance shall not be deemed a default or a ground for termination. However, a Customer may terminate a Purchase Order if it is determined by the Customer that Order Fulfiller will not be able to deliver product or services in a timely manner to meet the business needs of the Customer. 11. Notification A. Notices All notices, demands, designations, certificates, requests, offers, consents, approvals and other instruments given pursuant to the Contract shall be in writing and shall be validly given on: (i) the date of delivery if delivered by email, facsimile transmission, mailed by registered or certified mail, or hand delivered, or (ii) three business days after being mailed via United States Postal Service. All notices under the Contract shall be sent to a party at the respective address indicated in Section 6 of the Contract or to such other address as such party shall have notified the other party in writing. B. Handling of Written Complaints In addition to other remedies contained in the Contract, a person contracting with D1R may direct their written complaints to the following office: Public Information Office Department of Information Resources Attn: Public Information Officer 300 W. 15`" Street, Suite 1300 Austin, Texas 78701 (512) 475 -4759, facsimile 12. Captions The captions contained in the Contract, Appendices, and its Exhibits are intended for convenience and reference purposes only and shall in no way be deemed to define or limit any provision thereof: 12/17/12 Page 22 of 22 Page 57 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0378, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interagency Agreement with the State of Texas Department of Information Resources /Communications Technology Services Division (DIR/CTS) under Section 791.001 of the State of Texas Government Code, to authorize the City of Denton to obtain connectivity services through the TEX -AN network for communication services; authorizing the expenditure of funds therefor; and providing an effective date (File 5585- Interagency Agreement with the Department of Information Resources /Communications Technology Services Division). FILE INFORMATION The City of Denton purchases Telecommunications Services (Internet and Cellular) from carriers such as AT &T through the Texas Department of Information Resources Communications Technology Services Division (DIR /CTS). Purchasing through Texas DIR/CTS provides additional technical support for the services not received through the carrier, as well as ensuring best value on pricing for the City of Denton. These services include, but are not limited to, Cellular Internet for Denton Police Department patrol vehicles and Cellular Internet for Denton Municipal Electric Field Services. These communication services used to connect to the City of Denton network improves security and bandwidth compared to traditional Internet access methods, and in the case of the Police Department, are required for federal compliance standards. The Texas DIR/CTS requires a signed Interlocal Agreement on file for each agency that obtains Communications Services through their department. Approving this Interlocal agreement will bring City of Denton in compliance with DIR/CTS requirements. The spending authority for these communication services is approved by Council in the annual operating budget. Annual expenditures for these telecommunications services are estimated to be $18,000. Section 791.001 of the Government Code requires that all Cooperative Agreements must be authorized by the governing body, regardless of the dollar amount. RECOMMENDATION Approve an Interagency Agreement with the State of Texas Department of Information Resources /Communications Technology Services Division (DIR/CTS) to authorize the City of Denton to obtain connectivity services through the TEX -AN network for communication services. The City of Denton Legal Department has approved the conditions of the Agreement. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0378, Version: 1 PRINCIPAL PLACE OF BUSINESS Department of Information Resources, Communications Technology Services Division Austin, TX ESTIMATED SCHEDULE OF PROJECT This agreement will be effective when signed and will remain in effect until all services are terminated or the Service Agreement is terminated in accordance with Article V of the agreement. FISCAL INFORMATION The services provided under this agreement will be funded from Police and Denton Municipal Electric operating accounts. The spending authority for these services is approved by Council in the annual operating budget. EXHIBIT Exhibit l: Ordinance Exhibit 2: Department of Information Resources Interagency Service Agreement Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn at 349 -8595. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl EXHIBIT 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT WITH THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES /COMMUNICATIONS TECHNOLOGY SERVICES DIVISION (DIIUCTS) UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE THE CITY OF DENTON TO OBTAIN CONNECTIVITY SERVICES THROUGH THE TEX -AN NETWORK FOR COMMUNICATION SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5585- INTERAGENCY AGREEMENT WITH THE DEPARTMENT OF INFORMATION RESOURCES /COMMUNICATIONS TECHNOLOGY SERVICES DIVISION). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Department of Information Resources Communications Technology Services Division Services Agreement under Section 791.001 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 expend funds pursuant to the Agreement for the purchase of various goods and services. 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 5585 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 , 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 2 DIR- CTS -CSA- Department of 1 1 Resources Communications 1 1 Division Agreement Service This service agreement is between the Department of Information Resources /Communications Technology Services Division ( DIR/CTS) and the Customer. It is the intent of the parties to comply with the provisions of Texas Government Code Chapter 771, Interagency Cooperative Act and /or Chapter 791 Interlocal Cooperation Act as applicable, and Title 10, Subtitle D, Chapter 2170, Telecommunication Services, Texas Government Code. 1 . .. 1.1 DIRECTS agrees to provide Customer with connectivity through various transmission methods to the TEX -AN network for specific communications services including, but not limited to, video, voice, routed data, Internet and /or equipment (hereinafter "services ") 1.2 DIRECTS will assist and advise the Customer in determining the best and most economical usage of the services. 1.3 DIRECTS will bill monthly for services, as required and respond to inquiries regarding Customer's bill. DIRECTS shall commence billing for services as they are provisioned. II. Customer Responsibilities 2.1 Customer shall comply with the DIR rules applicable to the Communications Technology Services Division, 1 TAC Chapter 207, as the same may be amended from time to time. 2.2 Customer has the responsibility to cooperate and coordinate with DIRECTS so as to avoid delaying DIRECTS in the provisioning of and billing for ordered services. Specifically, it is the Customer's responsibility to designate, in a timely manner; the types of service desired and provide DIRECTS with information which may affect technical, logistical, engineering, or equipment aspects of service delivery. The Customer is exclusively responsible for any equipment added to their premises for connectivity to TEXAN services. Customer shall keep DIRECTS promptly informed of its billing contact, address, telephone numbers, eligibility status and technical contact, and changes to any of the foregoing. Customer understands and agrees that its failure to timely perform its duties, which delay DIRECTS in the delivery of ordered services, is not a condition of Force Majeure. 2.3 Payments will be made in full within 30 days of notification that the TEX -AN invoice is available for retrieval from DIRJCTS's secured website. Customer represents that it possesses sufficient current revenues to satisfy the timely payment of goods and services provided by DIRECTS hereunder. In all events, Customer shall be billed for and shall pay in a timely manner for all services actually ordered and received up through the effective date of termination of services. Customer agrees it has no rights to set off against bills received from DIRECTS. Customer's covenant to pay survives termination of this Service Agreement. 2.4 Customer is exclusively responsible for the operation and security of its premise equipment. The risk of toll fraud or other unauthorized use of its premise equipment rests with the Customer. Customer accepts this risk and understands that it shall be solely responsible to pay all charges, which may result from toll fraud or unauthorized use of its premise equipment. Customer hereby releases and waives any Page 1 Service Agreement 2013 EXHIBIT 2 II claim it may have now or in the future against DIR/CTS for the payment of charges arising from toll fraud or other unauthorized use on its premise equipment. 2.5 Customer is a qualified entity to receive goods and services from DIRJCTS. Services will terminate without liability to DIR/CTS should Customer's eligibility status change during the term of this Service Agreement. 111-M The term of this Service Agreement begins on the date of the last party to sign and is in effect until all services are terminated or the Service Agreement is terminated in accordance with Article V hereof. Please note that service terms may differ from vendor to vendor and from services to service and these terms are reflected on the services order forms. 4.4 In compliance with Title 1, Chapter 207, Rule number 207.11, of the Texas Administrative Code: customer's billing dispute timing and payment obligations shall track those found in the Prompt Payment Act, Chapter 2251, Texas Government Code. V. Termination and Amendments 5.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in writing by authorized representatives of DIR/CTS and the Customer. Page 2 Service Agreement 2013 EXHIBIT 2 II 6.2 No conflicting terms or conditions found in Customer orders or forms shall become a part of this Service Agreement. 6.3 If service and/or communications projects are canceled at any time prior to completion, Customer shall be responsible for all actual costs incurred • DIR/CTS up to the date • cancellation. DIR/CTS will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a [• roj ect, I • 15 1 ro) ev) to) 91 ICAM 16M TM 1 MAIM 1 ISIME 18 11, UI - I log! "Provision" and "provisioning" means DIR/CTS has acquired, arranged for • provided at t Customer's site, the equipment, supplies or other items necessary to provide the order service(s), but does not mean the actual act(s) of turning up the ordered service(s). I Customer Service Resources maybe found athttp://www.dir.texas.gov/cts/Pages/cts.aspx. Inquiries regarding this Service Agreement may be directed to DIR, Service Fulfillment on 877-472-4848, option 4, • 512-463-7800. Page 3 Service Agreement 2013 EXHIBIT 2 1 ' • Customer hereby agrees to the terms and conditions of this Service Agreement; represents that the official executing this Service Agreement is authorized to bind the Customer to its terms; and that Customer has completed all of its internal processes to make this a binding undertaking on the part of Customer. 1 ' • ' I I' RESOURCES NAME: GEORGE C. CAMPBELL NAME: Jo H offman TITLE: CITY MANAGER TITLE: Director, Communications Technology DATE: DATE: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Office of General Counsel BY: Page 4 Service A,�reement 20 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0379, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to enter into an interlocal agreement with the North Central Texas Council of Governments ( "NCTCOG ") for data collection on pedestrian and bicyclist travel in the region for the Metropolitan Transportation Plan; and providing an effective date (File 5600). FILE INFORMATION This Agreement will allow the City of Denton to contract with the North Central Texas Council of Governments ( NCTCOG) to provide cellular communication services for the purpose of remote data retrieval from two pedestrian counter devices that will be located on the Denton Branch Rail Trail for the purpose of timely data retrieval and queries of real time use. The NCTCOG is responsible for preparing and maintaining the Metropolitan Transportation Plan for the twelve (12) county area of the Metropolitan Planning Area. This Plan includes the region's Active Transportation (bicycle and pedestrian) strategies for improving mobility region -wide. The NCTCOG by way of this Interlocal Agreement will provide the counter equipment that will provide continuous bi- directional pedestrian and bicyclist counts in fifteen minute intervals with automated data transmission to a central host. Data is anticipated to be collected 24 hours a day, seven days a week and accessible to both NCTCOG and the City through an online database provided and supported by the permanent counters. The City of Denton agrees to install and conduct minor periodic maintenance of the equipment and reimburse NCTCOG a sum of $2,000 for each of the two (2) counters for a period of five (5) years for the subscription fees and modem transfer of data for each of the counters. The total cost for the five (5) year period will be $4,000. RECOMMENDATION Approve an Interlocal Cooperative Purchasing Program Agreement with the North Texas Central Council of Governments in the amount of $4,000. PRINCIPAL PLACE OF BUSINESS North Central Texas Council of Governments Arlington, TX City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0379, Version: 1 ESTIMATED SCHEDULE OF PROJECT The North Texas Central Council of Governments has ready access to this equipment and can assist us with this project that will aid our Bicycle and pedestrian trail program. FISCAL INFORMATION The Pedestrian /Bicyclist Counter program will be funded from operating account 402001.7879. Requisition 119634 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Ordinance Exhibit 2: Interlocal Agreement Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Emerson Vorel at 349 -7460. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl 11CODAD1Departments\Lega110ur DocumentslOrdinances114TARD NCTCOG Interlocal Agreement.doc EXHIBIT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ( "NCTCOG ") FOR DATA COLLECTION ON PEDESTRIAN AND BICYCLIST TRAVEL IN THE REGION FOR THE METROPOLITAN TRANSPORTATION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "City ") and the North Central Texas Council of Governments ( "NCTCOG ") desire to enter into an Interlocal Agreement for the NCTCOG to collect data on pedestrian and bicycle travel in the region for the Metropolitan Transportation Plan; and WHEREAS, NCTCOG is well equipped to perform this service; and WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest; NOW, THEREFORE, �Ya�[irili ► �iji� [�7�IIIIT�[yiil'Zl7�Ii]��iIC� ►i:i�7.��:3`(f : � : 1► SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City with NCTCOG. The City Manager, or his designee, is hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement including the expenditure of funds provided for therein. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY EXHIBIT 2 PEDESTRIAN- BICYCLIST PERMANENT COUNTERS AGREEMENT This Agreement is by and between the City of Denton, Texas ( "City "), a home rule municipality located in Denton County, Texas; and the North Central Texas Council of Governments ( "NCTCOG "), a Texas political subdivision created and existing under Chapter 391 of the Texas Local Government Code, acting by and through their duly authorized representatives (City and NCTCOG are sometimes referred to herein collectively as the "Parties" and individually as a "Party "). BACKGROUND WHEREAS, this Agreement is intered into pursuant to the provisions of Chapter 791 of the Texas Government Code; and WHEREAS, the NCTCOG Transportation Department is responsible for preparing and maintaining the Metropolitan Transportation Plan for the 12- county area of the Metropolitan Planning Area (MPA). This Plan includes the region's `Active Transportation' (bicycle and pedestrian) strategies for improving mobility region -wide; and WHEREAS, efforts are underway to improve data collection on pedestrian and bicyclist travel in the region. Nonmotorized traffic (bicycle and pedestrian) count data can be used for a variety of purposes, such as to identify safety concerns, to communicate benefits, to encourage people to cycle and walk, to inform decision makers or partners about usage and prioritizing funds for bicycle and pedestrian infrastructure, to analyze trends, and to evaluate the impacts of specific projects including before and after facility improvements occur. Through consistent data collection of nonmotorized traffic (bicyclist and pedestrian counts), local governments may more fully understand the usage of bicyclists and pedestrians and may be able to better estimate demand or usage of planned or proposed pedestrian and bicyclist facilities for project evaluation and selection purposes; and WHEREAS, NCTCOG is implementing a regional nonmotorized (bicycle and pedestrian) count program to support these efforts and to obtain data to address bicycle and pedestrian performance measures; and WHEREAS, the City and NCTCOG are mutual partners that have a stake in the nonmotorized monitoring program, and are able to share information and provide each other with support. Both the City and NCTCOG will have equipment purchased, installed, and operated at various bicycle and shared use path locations in Denton for purposes of providing pedestrian and bicycle user counts. The information collected by the City owned and NCTCOG owned equipment will be shared, and will be included with data collection reports for the MPA; and EXHIBIT 2 NOW THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to the parties herein named, it is agreed as follows: TERMS 1. NCTCOG agrees to purchase and provide to the City permanent counters capable of providing continuous bi- directional pedestrian and bicyclist counts in fifteen minute intervals with automated data transmission to a central host. Data is anticipated to be collected twenty -four hours a day, seven days a week and accessible to both NCTCOG and City through an online database provided and supported by the permanent counter vendor II. Upon receiving counter equipment, NCTCOG and the City will coordinate on proper installation and calibration of the permanent counter station(s) and equipment, which may include training organized by NCTCOG. III. The City agrees to install or cause to be installed at its expense the NCTCOG owned counter(s) and related equipment at the location(s) described in Exhibit A. Installation includes but is not limited to: a. Installation of a post into the ground that will hold the data collection equipment, if no other suitable post or structure is available; b. Installation of pedestrian counter equipment with a lens that will be placed in a post in order to transmit pedestrian count data; c. Saw cuts in the concrete to install a loop detector wire and sealant necessary for bicycle detection; and d. Installation of pull boxes that will connect the loop detector wire (two 16 inches by 60 inches) with the counter equipment. IV. NCTCOG will assist in the initial setup and calibration for automated data uploads for the NCTCOG owned counter(s). V. The City will maintain and ensure proper operation of the NCTCOG owned counter(s) from installation through the life (10+ years) of the equipment. Maintenance and operation includes but is not limited to: a. Pedestrian counter lens cleaning twice a year to ensure accurate pedestrian counts; b. Yearly battery checks or battery replacements for the counter stations; c. Field visits to check that the equipment is functioning properly and to address and fix any potential equipment problems due to vandalism, flooding, debris impeding the proper operation of the counters, or other disruptions; d. As needed field visits when automated alerts indicate situations of no counts, low counts or unusual high counts; e. Coordinate with NCTCOG in conducting annual manual validation counts for each automated counter to ensure proper calibration of the counter equipment at each counter station location; and £ Payment of subscription fees for modem transmission of data for each counter to ensure proper automatic data transfer. The City will reimburse NCTCOG for the purchase of the initial 5 year subscription of data transmission services of the two (2) NCTCOG owned counters ($2,000 per counter), and will continue payment of subscription fees thereafter. 2 EXHIBIT 2 VI. NCTCOG will be responsible for the following maintenance and operations of the NCTCOG owned counter(s): a. Calculating a correction factor to apply to all automated count data based on the average rate of undercounting as observed through annual manual count data validation activities; b. Monthly validation of online data received, with adjustments to the equipment settings if necessary; c. Annual coordination of manual counts at the counter station locations to ensure proper calibration of the counter equipment; d. Coordination with the commercial vendor of the counter equipment if any equipment malfunctions within the equipment two -year warranty period; and e. If the equipment is damaged or stolen the NCTCOG will coordinate with the City regarding options for replacement and/or repairs. VII. The City and NCTCOG will have unlimited access to the online database of pedestrian and bicyclist count data collected by the NCTCOG owned counter(s). V11I. This agreement shall take effect on the date executed by the last of the Parties and remain in effect until terminated as provided herein. This Agreement may be terminated without liability by mutual written concurrence of the Parties or by any Party giving thirty (30) days written notice of termination to the other Party at the address provided herein. IX. If the City fails to maintain or utilize the NCTCOG owned counter(s), or if the City desires to remove said counters, it is the responsibility of the City to physically remove the counter equipment, at its cost, and return the equipment to NCTCOG. X. If the City needs to relocate the NCTCOG owned counter(s) due to construction or other circumstances, the new location should shall be mutually agreed upon by both the City and NCTCOG and should be on a facility that is used for commuting or other transportation related purposes. XI. In the event of loss or damage to the NCTCOG owned counter(s), including theft, the City shall be responsible for the full repair or replacement of the equipment. X11. Any changes in the agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and NCTCOG. XI11. Notice from one Party to another Party regarding this Agreement shall be in writing and shall be delivered to the addresses shown below: City of Denton: City of Denton, Parks and Recreation 601 East Hickory Suite B # 210 Denton, Texas 76205 Attention: Jim Mays - Superintendent of Planning and Construction NCTCOG: North Central Texas Council of Governments 616 Six Flags Drive Arlington, Texas 76005 Attention: Karla Weaver, Program Manager EXHIBIT 2 The above contact information may be modified without requiring an amendment to the Agreement. XN. It is understood and agreed that the relationship described in this Agreement between the Parties is contractual in nature, between independent Parties and is not to be construed to create a partnership, joint venture, joint enterprise or agency relationship between the Parties. Neither Party shall be liable for any debts incurred by the other Party in the conduct of such other Party's business or functions. XV. During the performance of this Agreement, each Party, for itself, its assignees, and successors agrees to comply with all applicable local, state, and federal regulations. XVI. NCTCOG and City agree that each Party is responsible for its individual acts and deeds as well as the authorized acts and deeds of their contractors, employees, representatives and agents. XVII. The Parties shall negotiate toward resolving any disputes that arise under this Agreement. Each Party agrees to the extent possible to attempt to resolve any dispute arising under this Agreement through voluntary mediation, arbitration, or any other local dispute mediation process prior to initiating litigation. XV11I. This instrument constitutes the entire agreement of the Parties with respect to the matters contemplated herein and it may be modified or amended only in writing, signed by all Parties hereto. EXECUTED by the Parties in duplicate originals. CITY OF DENTON George C. Campbell City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY- 4 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Mike Eastland Executive Director Date: EXHIBIT Xestrian T 2 (A) P111 a - Bi cycle Permanent Counter Locations (Denton) Downtown Denton Transit Center I 1 1 Morse St. — — Denton Branch Rail Trail WDCTA Rail Station NCTCOG Owned Counters shady Oaks v �"f vool� I{� L Med Park Station GO/0 aao al � 1 � 1 Coordinate System: NAD1983 StatePlane Texas North Central FIPS 4202 Feet Miles e 0 0.5 1 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0380, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a pre -cast concrete security screening fence at the City of Denton Pockrus and McKinney Substations and Linda McNatt Animal Care and Adoption Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5563- awarded to Walsh's Hawk Construction Co., LLC in the not -to- exceed amount of $868,607). The Public Utilities Board recommends approval (6 -0). RFP INFORMATION The Pockrus and McKinney Substations are approved Capital Improvement Plan projects that will supply electric power to the eastern areas of the Denton Municipal Electric service territory. The construction is necessary to support growth and reliability. Construction of the precast concrete fence is necessary to provide the required perimeter security for the substation. The fence will be constructed using Verti -Crete precast concrete panels. The panels will be supported by concrete columns mounted on engineered pier foundations. The panels will have a Ledge Stone pattern. The columns will have an Ashlar Stone pattern. The panels and columns will be permanently stained with colors selected by DME staff. Both Substation perimeter fences will be 10 feet in height and the total length of fence construction required for both projects is 3,396 feet. Requests for Proposals were sent to 311 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) proposals were received (Exhibit 2- Pricing Sheet). As part of the Best and Final Offer (BAFO) negotiations, staff added security fencing for the Linda McNatt Animal Care and Adoption Center. The fencing is needed to insure that animals remain in a confined area when City staff transfer the animals from their truck to a kennel. The proposed fence is approximately 750 feet long and eight (8) feet high and will be constructed with the same Verti -Crete concrete panels as the substation fences. The price for the Animal Care Center was added as Section IA to the BAFO pricing sheet. The BAFO resulted in a savings of $5396 for the substation portion of the RFP (Exhibit 3 -BAFO and Evaluation Scoring). The proposals were evaluated based upon published criteria including performance, delivery, acceptance of standard terms and conditions, and price. Based upon this evaluation, Walsh's Hawk Construction Co., LLC, Inc. meets all requirements and is determined to be the best value for the City (Exhibit 1- Ranking Sheet). City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0380, Version: 1 RECOMMENDATION Approve a contract with Walsh's Hawk Construction Co., LLC in the not -to- exceed amount of $868,607. PRINCIPAL PLACE OF BUSINESS Walsh's Hawk Construction Co., LLC Princeton, TX ESTIMATED SCHEDULE OF PROJECT Installation of the fences is estimated to be completed within 60 calendar days of Notice to Proceed. FISCAL INFORMATION The two substation fences will be funded from Bond fund accounts 600538500.1350.3530 and 603103500.1350.3530. Requisition 4120169 for the Pockrus Substation in the amount of $407,010 and Requisition 4120170 for the McKinney Substation in the amount of $360,150 have been entered in the Purchasing software system. The Linda McNatt Animal Care and Adoption Center fence in the amount of $101,447 will be funded from Certificate of Obligation fund account 100122409.1365.40100. Requisition 4120158 has been entered in the Purchasing software system. EXHIBITS Exhibit l: Ranking Sheet Exhibit 2: Pricing Sheet Exhibit 3: BAFO /Evaluation Sheet Exhibit 4: Public Utilities Board Draft Minutes Exhibit 5: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Chris Lutrick at 349 -7152. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl ¥ 2 k / W � .2 � J » � � _ .§ � � � _ { » � 0 � k � # § ._ ) � : � � _ � J » � � / � k t � � # _ 2 _ � � � 4 � � 0 / a & ® \ \ g o g o ƒ u 2 \ � ¥ 7 7 7 o - - I IRI k / k n r-- / 2 ƒ o o 0 o g / \ % r, _ � U � 7 7 7 7 7 � 2 e / � % � y » e _ \ % k ¥ @ q U � 0 O $ f 3 2 � » / 2 u = o \ _• $ CL E e � / ? k \ / 1 1.2 # / / ƒ g I � m \ % ? % w 0 / a EXHIBIT 2 RFP 05563 Tabulation Sheet for Pre -cast Substation Security /Screening Fence - Pockrus and McKinney Substations SECTION I - McKinney Substation Fence Item Walsh's Hawk Construction Turner Pre -Cast Pockrus Substation Fence Princeton, TX Rhome, TX Item Unit Price Estimated Unit of SKIDSTEER WITH OPERATOR 20 Unit Price Extended Price Unit Price Construction Unit 9 27 Unit Price Extended Price Unit Price Extended Price 9 Quantity' Measure IFOREMAN WITH PICKUP 1 20 1 Hour 1 $50.001 $1,000 10' Security /screening wall material, pier design, 15 and complete construction including stockpiling, 1,752 LF $179.00 $ 313,608 1 and complete construction including stockpiling, 1,644 LF $ 219.00 $ 360,036 $ 194.00 $ 318,936 cleanup, regrading and compacting 16 Mow strip construction 1,752 LF $ 12.00 $ 21,024 2 Mow strip construction 1,644 LF $ 12.00 $ 19,728 $ 12.95 $ 21,290 3 Rock excavation (for evaluation, assume 2' each on 50 100 VF $ 54.00 $ 5,400 $ 100.00 $ 10,000 piers) 18 Additional for integrated wall/gate column that includes 4 EA $ 450.00 $ 1,800 4 Additional for integrated wall/gate column that includes 4 EA $ 450.00 $ 1,800 $ 250.00 $ 1,000 ate post installation Units that will apply as needed to adjust for geotechnical conditions and for drainage: 19 Increase pier depth (for evaluation, assume 2' 260 VF $ 10.00 Units that will apply as needed to adjust for geotechnical conditions and for drainage: 5 Increase pier depth (for evaluation, assume 2' 260 VF $ 10.00 $ 2,600 $ 50.00 $ 13,000 extensions on 130 piers) 20 Decrease pier depth (for evaluation, assume 1' decrease 130 VF $ - $ - 6 Decrease pier depth (for evaluation, assume 1' decrease Ion 130 VF $ - $ - $ (25.00) $ (3,250) 130 piers) 21 Increase in price for 24" diameter pier 100 EA $ 60.00 $ 6,000 7 Increase in price for 24" diameter pier 100 EA $ 60.00 $ 6,000 $ 100.00 $ 10,000 8 Provide 2' drainage gap in mow strip. 50 EA $ 25.00 $ 1,250 $ 30.00 $ 1,500 E9 Payment and Performance Bonds for Project 1 EA $ 12,840.00 $ 12,8401 $ 8,800.00 1 $ 8,800 POCKRUS SUBSTATION SUBTOTAL S 409,6541 1 S 381,276 McKinney Substation Fence Item Item # Estimated Unit of Unit Unit Price Extended Price Unit Price Extended Price Construction Unit SKIDSTEER WITH OPERATOR 20 Unit Price Extended Price Unit Price Extended Price 9 27 Quantity' Measure Hour $165.00 $3,300 $0 10' Security /screening wall material, pier design, IFOREMAN WITH PICKUP 1 20 1 Hour 1 $50.001 $1,000 1 15 and complete construction including stockpiling, 1,752 LF $179.00 $ 313,608 $194.00 $ 339,888 cleanup, regrading and compacting 16 Mow strip construction 1,752 LF $ 12.00 $ 21,024 $ 12.95 $ 22,688 17 Rock excavation (for evaluation, assume 2' each on 50 100 VF $ 54.00 $ 5,400 $ 100.00 $ 10,000 piers 18 Additional for integrated wall/gate column that includes 4 EA $ 450.00 $ 1,800 $ 250.00 $ 1,000 ate post installation Units that will apply as needed to adjust for geotechnical conditions and for drainage: 19 Increase pier depth (for evaluation, assume 2' 260 VF $ 10.00 $ 2,600 $ 50.00 $ 13,000 extensions on 130 piers) 20 Decrease pier depth (for evaluation, assume 1' decrease 130 VF $ - $ - $ (25.00) $ (3,250) on 130 piers) 21 Increase in price for 24" diameter pier 100 EA $ 60.00 $ 6,000 $ 100.00 $ 10,000 22 Provide 2' drainage gap in mow strip. 50 EA $ 25.00 $ 1,250 $ 30.00 $ 1,500 E 23 Payment and Performance Bonds for Project 1 EA $ 11,220.00 $ 11,220 $ 8,900.00 $ 8,900 MCKINNEY SUBSTATION SUBTOTAL S 362,902 S 403,726 S 772,556 S 785,002 GRAND TOTAL ( POCKRUS & MCKINNEY) SECTION II - Hourly Rates for Additional Services Item # Type of Service or Equipment Quantity Unit Unit Price Extended Price Unit Price Extended Price 26 SKIDSTEER WITH OPERATOR 20 Hour $120.00 $2,400 $0 27 BACKHOE WITH OPERATOR 20 Hour $165.00 $3,300 $0 28 IFOREMAN WITH PICKUP 1 20 1 Hour 1 $50.001 $1,000 1 1 $0 Page 1 of 2 EXHIBIT 2 RFP 05563 Tabulation Sheet for Pre -cast Substation Security /Screening Fence - Pockrus and McKinney Substations SECTION I - Pockrus Substation Fence 29 LABOR Walsh's Hawk Construction Princeton, TX 20 Hour $25.00 $500 $ 7,200 SECTION III - Delivery Timeframe Additional Discount a/a Estimated time between notice to proceed for a 0% o 36 project until work begins (calendar days) 14 0% Normal time to complete a typical project as depicted in the plans and on the Pricing Sheet 37 (calendar days) 60 Expected maximum number of projects that could be completed annually assuming the average above 38 for one substation (Based on required bonding). 4 Expected number of projects that could be undertaken simultaneously or that could have 39 overlapping times 2 Number of similar wall construction projects 40 completed during the past 36 months 45 41 Total length of wall construction completed to date 230,000LF Are there any exceptions to the specification 42 (attach explanation)? NO SECTION IV - Expedited Pavment Discounts Payment Terms Additional Discount a/a Invoice Paid in 20 days 0% o Invoice Paid in 15 days 0% Invoice Paid in 10 days 0% Page 2 of 2 Turner Pre -Cast Rhome, TX $0 30 45 8 2 14 15000+ YES Additional Discount a/a 0% 0% 0% EXHIBIT 3 RFP #5563 BAFO - Evaluation Sheet for Pre -cast Substation Security /Screening Fence - Pockrus and McKinney Substations SECTION I - McKinney Substation Fence McNatt Animal Service Wall as described Walsh's Hawk Construction Estimated BAFO 4Lmda Attachment Z Turner Pre -Cast Unit Price Pockrus Substation Fence 1 Princeton, TX 20 Princeton, TX Unit Price Rhome, TX Unit Price Item Unit Price Estimated Unit of BACKHOE WITH OPERATOR Quantity' Measure $165.00 $3,300 $165.00 $3,300 $0 28 Construction Unit 20 Hour Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price # LF Quantity' Measure $179.00 $ 313,608 $194.00 $ 339,888 cleanup, regrading and compacting $ 7,200 1 $ 7,200 10' Security /screening wall material, pier design, 16 Mow strip construction 1,752 LF $ 12.00 $ 21,024 $ 11.00 $ 19,272 1 and complete construction including stockpiling, 1,644 LF $ 219.00 $ 360,036 $ 219.00 $ 360,036 $ 194.00 $ 318,936 Additional for integrated wall/gate column that includes cleanup, regrading and compacting EA $ 450.00 $ 1,800 $ 450.00 $ 1,800 $ 250.00 $ 1,000 ate post installation 2 Mow strip construction 1,644 LF $ 12.00 $ 19,728 $ 11.00 $ 18,084 $ 12.95 $ 21,290 3 Rock excavation (for evaluation, assume Teach on 50 piers) 100 VF $ 54.00 $ 5,400 $ 54.00 $ 5,400 $ 100.00 $ 10,000 4 Additional for integrated wall/gate column that includes 4 EA $ 450.00 $ 1,800 $ 450.00 $ 1,800 $ 250.00 $ 1,000 $ (3,250) ate post installation on 130 piers) 21 Increase in price for 24" diameter pier Units that will apply as needed to adjust for geotechnical conditions and for drainage: EA $ 60.00 $ 6,000 $ - $ 100.00 $ 10,000 22 5 Increase pier depth (for evaluation, assume 2' 260 VF $ 10.00 $ 2,600 $ 10.00 $ 2,600 $ 50.00 $ 13,000 $ 11,220.00 extensions on 130 piers) $ 10,220.00 $ 10,220 $ 8,900.00 $ 8,900 MCKINNEY SUBSTATION SUBTOTAL $ 362,902 $ 360,150 $ 403,726 GRAND TOTAL (POCKRUS & MCKINNEY) $ 772,556 $ 767,160 6 Decrease pier depth (for evaluation, assume 1' decrease 130 VF $ - $ - $ - $ - $ (25.00) $ (3,250) on 130 piers) 7 Increase in price for 24" diameter pier 100 EA $ 60.00 $ 6,000 $ 60.00 $ 6,000 $ 100.00 $ 10,000 8 Provide 2' drainage gap in mow strip. 50 EA $ 25.00 $ 1,250 $ 25.00 $ 1,250 $ 30.00 $ 1,500 9 Payment and Performance Bonds for Project 1 EA $ 12,840.00 $ 12,840 $ 11,840.00 $ 11,840 $ 8,800.00 $ 8,800 POCKRUS SUBSTATION SUBTOTAL I I $ 409,6541 1 $ 407,0101 1 $ 381,276 McKinney Substation Fence McNatt Animal Service Wall as described Item Type of Service or Equipment Estimated Unit of 4Lmda Attachment Z Unit Price Extended Price Unit Price ayment and Performance Bonds for Project 1 Construction Unit 20 Hour Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price # BACKHOE WITH OPERATOR Quantity' Measure $165.00 $3,300 $165.00 $3,300 $0 28 10' Security /screening wall material, pier design, 20 Hour $50.00 $1,000 $50.00 $1,000 $0 15 and complete construction including stockpiling, 1,752 LF $179.00 $ 313,608 $179.00 $ 313,608 $194.00 $ 339,888 cleanup, regrading and compacting $ 7,200 1 $ 7,200 1 $ 16 Mow strip construction 1,752 LF $ 12.00 $ 21,024 $ 11.00 $ 19,272 $ 12.95 $ 22,688 17 Rock excavation (for evaluation, assume Teach on 50 piers) 100 VF $ 54.00 $ 5,400 $ 54.00 $ 5,400 $ 100.00 $ 10,000 18 Additional for integrated wall/gate column that includes 4 EA $ 450.00 $ 1,800 $ 450.00 $ 1,800 $ 250.00 $ 1,000 ate post installation Units that will apply as needed to adjust for geotechnical conditions and or drainage: $ - 19 Increase pier depth (for evaluation, assume 2' 260 VF $ 10.00 $ 2,600 $ 10.00 $ 2,600 $ 50.00 $ 13,000 extensions on 130 piers) 20 Decrease pier depth (for evaluation, assume 1' decrease 130 VF $ - $ - $ - $ - $ (25.00) $ (3,250) on 130 piers) 21 Increase in price for 24" diameter pier 100 EA $ 60.00 $ 6,000 $ 60.00 $ 6,000 $ 100.00 $ 10,000 22 Provide 2' drainage gap in mow strip. 50 EA $ 25.00 $ 1,250 $ 25.00 $ 1,250 $ 30.00 $ 1,500 23 Payment and Performance Bonds for Project 1 EA $ 11,220.00 $ 11,220 $ 10,220.00 $ 10,220 $ 8,900.00 $ 8,900 MCKINNEY SUBSTATION SUBTOTAL $ 362,902 $ 360,150 $ 403,726 GRAND TOTAL (POCKRUS & MCKINNEY) $ 772,556 $ 767,160 $ 785,002 SECTION IA - Linda McNatt Animal Service Wall ANIMAL SERVICES FENCE SUBTOTAL 96,633 $ 96,633 4,814 SECTION II - Hourly Rates for Additional Services McNatt Animal Service Wall as described Item Type of Service or Equipment 1 LS 4Lmda Attachment Z Unit Price Extended Price Unit Price ayment and Performance Bonds for Project 1 LS ANIMAL SERVICES FENCE SUBTOTAL 96,633 $ 96,633 4,814 SECTION II - Hourly Rates for Additional Services Item Type of Service or Equipment Quantity Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 26 SKIDSTEER WITH OPERATOR 20 Hour $120.00 $2,400 $120.00 $2,400 $0 27 BACKHOE WITH OPERATOR 20 Hour $165.00 $3,300 $165.00 $3,300 $0 28 FOREMAN WITH PICKUP 20 Hour $50.00 $1,000 $50.00 $1,000 $0 29 LABOR 20 Hour $25.00 $500 $25.00 $500 $0 $ 7,200 1 $ 7,200 1 $ SECTION III - Delivery Timeframe Estimated time between notice to proceed for a _T I 36 project until work begins (calendar days) 14 14 30 Pagel of 2 EXHIBIT 3 RFP #5563 BAFO - Evaluation Sheet for Pre -cast Substation Security /Screening Fence - Pockrus and McKinney Substations SECTION I - Walsh's Hawk Consh Walsh's Hawk Construction BAFO Pockrus Substation Fence Princeton, TX Princeton, TX 0% Normal time to complete a typical project as 0% 100 Total depicted in the plans and on the Pricing Sheet 37 (calendar days) 60 60 Total Completion of Project 74 74 Expected maximum number of projects that could be completed annually assuming the average above for one substation (Based on required 38 bonding). 4 4 Expected number of projects that could be undertaken simultaneously or that could have 39 overlapping times 2 2 Number of similar wall construction projects 40 completed during the past 36 months 45 45 41 Total length of wall construction completed to date 2301000LF 23Q OOOLF Are there any exceptions to the specification 42 (attach explanation)? NO NO SECTION IV - EXDedited Pavment Discounts Payment Terms Additional ! Discount °ln' Invoice Paid in 20 days 0 Invoice Paid in 15 days 0% Invoice Paid in 10 days 0% Evaluation 5 Schedule 20 Compliance with Specs 15 Indicator of Probable Peformance 60 Price 100 Total 0% 0% 0% Turner Pre -Cast Rhome, TX 45 75 8 2 14 15000+ YES 0% 0% 0% 5.0 5.0 4.9 19.0 19.0 19.0 13.0 13.0 9.0 59.6 60.0 59.0 96.6 97.0 92.0 Page 2 of 2 EXHIBIT 4 DRAFT MINUTES PUBLIC UTILITIES BOARD July 28, 2014 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, July 28, 2014 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, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 4. Consider recommending approval of a contract with Hawk Construction, a Princeton, Texas limited liability company for the construction of Pre -cast Substation Security /Screening Fences for the Pockrus and McKinney Substitutions, in the amount not to exceed $772,556.00. (RFP 45563). Motion was made to approve item 4 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment — 10:40am EXHIBIT 5 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A PRE -CAST CONCRETE SECURITY SCREENING FENCE AT THE CITY OF DENTON POCKRUS AND MCKINNEY SUBSTATIONS AND LINDA MCNATT ANIMAL CARE AND ADOPTION CENTER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5563- AWARDED TO WALSH'S HAWK CONSTRUCTION CO., LLC IN THE NOT -TO- EXCEED AMOUNT OF $868,607). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NT TNTRFR VFNT)(1R A N4(1T TNT 5563 Walsh's Hawk Construction Co., LLC $868,607 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. EXHIBIT 5 SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. 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 File 5563 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I= City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0382, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a three year Professional Services Agreement (PSA) with Coleman and Associates Land Surveying for ground surveying services for the City of Denton Landfill, and providing for an effective date (File 5571- Ground Surveying Services for City of Denton Landfill awarded to Coleman and Associates Land Surveying in an amount not to exceed $350,000). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION This contract is for Coleman and Associates Land Surveying ( "Coleman & Associates ") to conduct the quarterly surveys of the City of Denton landfill and provide the survey data needed for completion of the quarterly and annual Texas Commission on Environmental Quality (TCEQ) reports for fiscal years 2014 -2017. In addition, Coleman & Associates will provide surveying services as needed in the conduct of normal landfill operations (wells, pipelines, drainage, etc.). Coleman & Associates is a local Denton business that has provided annual ground surveying services at the City's landfill dating back to 1998, therefore maintaining an extensive surveying database history for this period. The Coleman & Associates staff is not only familiar with the City of Denton landfill and the staff's operational practices, but has also developed a good working relationship with staff, and provides their work product in a timely manner. Survey information obtained from the quarterly surveys and reports provided by Coleman and Associates is utilized by staff to achieve efficient use of landfill airspace, meet operational goals, and provide the TCEQ the reporting information necessary to maintain compliance with the City's municipal solid waste permit and solid waste regulations. In accordance with Texas Local Government Code 252.022, the procurement of professional services is exempt from the requirement of competition based selection. The City of Denton has previous successful experience with the recommended firm, and has elected to not seek qualification based competition for these identified services. RECOMMENDATION Approve a three year contract with Coleman and Associates Land Surveying in an amount not to exceed $350,000. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0382, Version: 1 PRINCIPAL PLACE OF BUSINESS Coleman and Associates Land Surveying Denton, TX ESTIMATED SCHEDULE OF PROJECT This is a three year contract which will expire on September 30, 2017. PRIOR ACTION /REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 28, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. FISCAL INFORMATION The services will be funded from operating account 660300.7879. A requisition for the new fiscal year will entered in the Purchasing software system on October 1, 2014. F XHTRIT C Exhibit 1: Public Utilities Board Draft Minutes Exhibit 2: Ordinance Exhibit 3: Professional Services Agreement Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Vance Kemler at 349 -8044. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl EXHIBIT 1 DRAFT MINUTES PUBLIC UTILITIES BOARD July 28, 2014 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, July 28, 2014 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, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 1. Consider recommendation of approval of a Professional Services Agreement for Surveying Services by and between the City of Denton, Texas and Coleman & Associates Land Surveying, Denton, Texas for surveying and mapping services for the City of Denton Landfill for a period of three years in an amount not -to- exceed $350,000, File 5571. Item 7 was pulled by Board Member Gallivan. Gallivan asked about the review of where staff is in contracts that require multiple years and how the spending is toward those contracts. Martin stated that right now staff is trying about every six months and at least annually to report on the contracts. Whatever the Board's preference is staff can accommodate. Gallivan stated that at the fiscal year end there will be a report of 5 -10 contracts that are multiple years and the status. Martin agreed. Board Member Gallivan then moved to approve item 7 with a second from Board Member Cheek. Vote 6 -0 approved. Adjournment — 10:40am EXHIBIT 2 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE (3) YEAR PROFESSIONAL SERVICES AGREEMENT (PSA) WITH COLEMAN AND ASSOCIATES LAND SURVEYING FOR GROUND SURVEYING SERVICES FOR THE CITY OF DENTON LANDFILL; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 5571— GROUND SURVEYING SERVICES FOR CITY OF DENTON LANDFILL AWARDED TO COLEMAN AND ASSOCIATES LAND SURVEYING IN AN AMOUNT NOT TO EXCEED $350,000). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed agreeement are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service agreement with Coleman and Associates Land Surveying, to provide professional ground surveying services for the City of Denton Landfill, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. 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 5571 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014 CHRIS WATTS, MAYOR EXHIBIT 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY M APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Tj BY: EXHIBIT 3 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL AND PERSONAL SERVICES AGREEMENT FOR SURVEYING SERVICES RELATING TO THE CITY OF DENTON SOLID WASTE DIVISION THIS AGREEMENT is made and entered into as of the day of , 2014, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201, hereinafter called "CITY "; and Coleman and Assoc. Land Surveying, with its offices at PO Box 686, Denton, Texas 76202, hereinafter called "CONSULTANT"; the CITY and CONSULTANT are acting herein, by and through their duly - authorized officials and representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ARTICLE I ENGAGEMENT OF CONSULTANT The CITY hereby contracts with the CONSULTANT, as an independent contractor; and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional and personal services to be performed by CONSULTANT are in connection with the following described project (hereinafter referred to as the "Project ") and further detailed in Article II listed below: The project shall include without limitation, surveying services that are necessary, as described in the CONSULTANT'S Proposal to CITY dated May 23, 2014, outlined in Attachment "A" attached hereto and incorporated herewith by reference, to assist the CITY in providing Surveying Services; within the City of Denton, Texas ( "Project "). ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those Basic Services as necessary, and as described in the CONSULTANT'S "2015 -2018 Proposal for Surveying Services, dated May 23, 2014" which is attached hereto and incorporated herewith by reference as Attachment "A ". B. If there is any conflict between the terms of this Agreement and the Attachment(s) to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the Attachment(s). EXHIBIT 3 C. CONSULTANT shall keep CITY informed with a defined reporting system, and by personal meetings. All lines of communication shall remain open with both the CITY and the CONSULTANT, and any other referenced party. D. CONSULTANT shall be available for any unexpected issues that may arise after the completion of the contract requirements and statement of work. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the CITY in writing, which are not included in the above - described Basic Services, are described as follows: A. Assisting CITY or contractor in the defense of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. B. Any additional services not included in Basic Services. ARTICLE IV DURATION OF AGREEMENT and COMPLETION OF SERVICES This Agreement shall become effective upon execution of this Agreement by the CITY and the CONSULTANT and upon the issuance of a notice to proceed by the CITY, and shall remain in effect for three years from the contract date, or until successful completion of the Project, including Additional Services, if any, and any required extensions approved by the CITY, and acceptance by the CITY has been achieved. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT's work shall be completed in a timely manner. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services. 2. "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. EXHIBIT 3 B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the CITY agrees to pay a total annual fee, including reimbursement for direct non -labor expenses, not to exceed three hundred and fifty thousand dollars and no /100 ($350,OOO.") Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the CITY through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The CITY may withhold the final five percent (5 %) of the contract amount until satisfactory completion of the Project. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the CITY. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the CITY. C. ADDITIONAL SERVICES: For additional services authorized in writing by the CITY in Article III hereinabove, the CONSULTANT, as stipulated in CONSULTANT'S "Pricing and Fees" to the CITY, attached hereto and incorporated herewith by reference as Attachment "A ", shall submit invoices for additional services and such invoices shall be due and payable upon submission by the CONSULTANT with CONSULTANT's regular monthly statement as provided for hereinabove. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the CITY fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month, from and after the said thirtieth (30`h) day, and, in addition, the CONSULTANT may, after giving seven (7) days written notice to the CITY, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the CITY to pay the late charge of one percent (1 %) set forth herein if the CITY reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." E. CITY and CONSULTANT recognize that the scope of services and compensation under this Agreement are predicated upon (i) current audit requirements imposed by laws, regulations and professional standards relating to such services; (ii) expectations of reasonable cooperation with CONSULTANT by CITY pursuant to this Agreement; and EXHIBIT 3 (iii) the absence of any irregularities or circumstances which might necessitate the extension of audit services beyond the normal scope of auditing services. F. Should (i) irregularities; (ii) the absence of such reasonable cooperation; (iii) increase in the level of services required under applicable laws, regulations or professional standards; or (iv) other unforeseen conditions be encountered which might necessitate the extension of auditing work beyond the scope of normal auditing procedures, CONSULTANT agrees to advise CITY promptly in writing of the circumstances and to request an equitable adjustment in the maximum fee before significant additional time is incurred by CONSULTANT. Any such requests for adjustments shall be in writing and shall contain an explanation of why the adjustments are necessary. G. CITY and CONSULTANT agree to negotiate in good faith to determine any equitable adjustment in the maximum fee, or fees for requested additional services. Should the CITY and the CONSULTANT be unable to agree upon an equitable adjustment within fourteen (14) days of a written request, or such other time period as agreed upon in writing by the CITY and the CONSULTANT, either party may, notwithstanding any other provision in this Agreement, terminate this Agreement upon thirty (30) days written notice to the other party. CITY shall be liable for time and expenses actually incurred by CONSULTANT except for any such additional time and expense which has been incurred as a result of the circumstances necessitating the adjustment. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the CITY upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense. In the event the CITY uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. EXHIBIT 3 ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to CITY as an independent contractor, not as an employee of the CITY. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the CITY in each case solely for injury, death and physical damages to real or tangible personal property to the extent resulting from the negligent acts or omissions of the CONSULTANT or its officers, partners, agents, or employees in the execution, operation, or performance of this Agreement; except that the indemnity provided for in this Section shall not apply to any liability resulting from the sole negligence of CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both CONSULTANT and CITY, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. As a condition to the foregoing indemnity obligation, CITY shall provide CONSULTANT with prompt notice of any claim for which indemnification shall be sought hereunder and shall cooperate in all reasonable respects with CONSULTANT in connection with any such claim. CONSULTANT shall be entitled to control the handling of any such claim, with full disclosure of any and all claims, and actions taken thereunder, to the CITY; and CONSULTANT shall be entitled to defend or settle any such claim, in its sole discretion, with counsel of its own choosing. Nothing in this agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall provide and maintain during the performance of the Services under this Agreement, and until the contracted work has been completed and accepted by the City of Denton, the minimum insurance coverage as indicated hereinafter. 1. During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in EXHIBIT 3 the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 2. Comprehensive General Liability Insurance with bodily injury and property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance with combined single limit bodily injury and property damage of not less than $500,000 for each accident. 4. Consultant shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Consultant shall comply with the provisions in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). 5. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate 6. The CONSULTANT shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverage's. Except for workers' compensation, employer's liability, and professional liability policies, the above insurance policies shall name the CITY as an additional insured on all such policies. Such insurance shall not be canceled or the coverage reduced without thirty (30) days' prior written notice (ten (10) days if for premium nonpayment) to CITY and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. Cancellation: City requires thirty 00 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement may include the other party to the disagreement without the other's approval. EXHIBIT 3 ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party. B. This agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance , and not less than thirty (30) days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination. C. If the agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the CITY within thirty (30) days after the date of termination. The CITY shall pay CONSULTANT for all services rendered and performed to the reasonable satisfaction of CITY and for reimbursable expenses incurred prior to the date of termination in accordance with the terms of this Agreement. Should the CITY subsequently contract with a new CONSULTANT for the continuation of services on the audit engagement, CONSULTANT shall reasonably cooperate in providing information in accordance with, and to the extent required by, applicable professional standards and subject to the terms of this Agreement. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT for delivery to CITY pursuant to this Agreement to the CITY on or before date of termination, provided that prior thereto, with respect to the documents such as working papers which are merely drafts and not necessarily appropriate for CITY's use or reliance, the parties shall negotiate in good faith a non - disclosure agreement and/or release in a form satisfactory to both parties. CONSULTANT may maintain copies of such documents for file documentation. ARTICLE XIII SUBCONTRACTING Neither this Agreement, nor the services to be provided hereunder may be assigned or subcontracted without prior written approval of CITY. ARTICLE XIV RETENTION OF AND ACCESS TO RECORDS CONSULTANT agrees that CITY shall, until the expiration of five (5) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that CITY shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. CITY shall give CONSULTANT reasonable advance notice of intended audits. EXHIBIT 3 ARTICLE XV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the work prepared by the CONSULTANT, its employees, associates, agents, subcontractors and subconsultants. ARTICLE XVI NOTICES All legal notices and communications required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the addresses shown below, certified mail, return receipt requested, unless otherwise specified herein: To CONSULTANT: To CITY: William M. Coleman, R.P.L.S. City of Denton Coleman and Associates Land Surveying George Campbell PO Box 686 City Manager Denton, TX 76202 215 E. McKinney Denton, TX 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after the date of mailing. ARTICLE XVII ENTIRE AGREEMENT This Agreement, consisting of twelve (12) pages, Attachment A and Attachment B, constitutes the complete and final expression of the Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XVIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. EXHIBIT 3 ARTICLE XIX COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XX EMPLOYMENT PRACTICES / DISCRIMINATION PROHIBITED In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. CONSULTANT agrees that in connection with the services to be provided to CITY hereunder that it will comply with all applicable laws and regulations regarding employment discrimination applicable to CONSULTANT. ARTICLE XXI PERSONNEL / CONFLICTS OF INTEREST A. CONSULTANT represents that it has or will secure at its own expense all professional and support personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relations with CITY. CONSULTANT shall inform the CITY of any conflict of interest under the Standards of Professional Appraisal Practice of the Appraisal Institute composed of the Uniform Standards of Professional Practice (USPAP), promulgated by the Appraisal Standards Board of The Appraisal Foundation that may be discovered or arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT. All personnel engaged in work shall have the necessary skills and experience, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XXII ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE XXIII MODIFICATION OR AMENDMENT No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any EXHIBIT 3 proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. No amendment of this Agreement shall be valid unless in writing and signed by both parties. ARTICLE XXIV FORCE MAJEURE Notwithstanding any other provision in this Agreement, CONSULTANT shall not be liable or held responsible for any failure to perform or delays in performing its obligations under this Agreement, including but not limited to, the completion of the audit and issuance of its report thereon, which result from circumstances or causes beyond CONSULTANT's reasonable control, including, without limitation, acts or omissions or the failure to cooperate pursuant to this Agreement by CITY (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), fire or casualty, act of God, strike or labor disputes, war or other violence, or any law, order or requirement of any governmental agency or authority. ARTICLE XXV MISCELLANEOUS A. The following Attachment(s) are attached to, incorporated herewith by reference, and made a part of this Agreement: Attachment A: 2015 -2018 Proposal for Surveying Services dated May 23, 2014 Attachment B: City of Denton Conflict of Interest Questionnaire B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. C. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be William M. Coleman, R.P.L.S. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. E. The CITY shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other EXHIBIT 3 data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. F. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE XXVI RIGHT TO AUDIT The CITY shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT shall retain such books, records, documents and other evidence pertaining to this Agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the CITY similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the CITY unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the CITY'S sole discretion, grounds for termination thereof. Each of the terms "books ", "records ", "documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. EXHIBIT 3 IN WITNESS HEREOF, CITY and CONSULTANT have hereby executed this Agreement in three (3) original counterparts; the CITY acting by and through its duly- authorized Purchasing Agent; and the CONSULTANT acting by and through its duly- authorized, undersigned officer, on this the day of , 2014. "CITY" CITY OF DENTON, TEXAS LM George Campbell, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: ANIT S, rZARNEY BY: "CONSULTANT" COLEMAN AND ASSOCIATES LAND SURVEYING By: William M. Colema , WITNESS FOR CONSULTANT By: EXHIBIT 3 Attachment A Coleman & Associates Land Surveying 2015 -2018 Proposal for Surveying Services, EXHIBIT 3 PSA 5571 - ATTACHMENT A Coleman & Assoc. Land Surveying P.O. Box 686 Denton, Texas 76202 Phone (940)565 -8215 Fax (940)565 -9800 May 23, 2014 David Dugger City of Denton Landfill 1527 South Mayhill Road Denton, TX 76208 Re: 2015 -2018 Proposal for Surveyine Services Mr. David Dugger, Pursuant to your request, we are pleased to provide you with the following three -year agreement to provide professional surveying services. 1. Project Description The project consists of using GPS and conventional technology to provide professional surveying and mapping services for the City of Denton Landfill Operations situated in the City and County of Denton, Texas. 2. Basic Services The basic services Coleman & Associates Land Surveying will provide on, acting in the capacity of a professional surveyor, include, but are not limited to, the following: A. Provide topographical field information on the current active landfill area using previously established control and reference datum in order to monitor the changes in the volume of fill on a quarterly and annual basis scheduled as follows: Quarterly Reports: 1 December 2 March 3 June 4 September Annual Report: 1 September Page 1 of 4 EXHIBIT 3 PSA 5571 -ATTACHMENT A B. Calculate the volume of fill and compaction ratios and present results in a written report with supporting drawings on a quarterly and annual basis. C. Provide Additional Survey and Mapping information as specified by the Landfill management to include, but not limited to: Maps & Reports for Subsidence monitoring of Cell 1, 2 & 3; Gas Collection & Gas Gathering System Mapping; Exhibits and Maps with Metes & Bounds Descriptions for Lease Tracts within the property boundary; Topographic Surveys; As -Built Construction Surveys; Construction Staking; Submittals to national, state & local government entities; Representation in Planning, Zoning & Platting cases; Boundary Surveying & Analysis; R -O -W Easements & Staking; Maintain & expand Geodetic Control Network; GPS (Bluebook) Monumentation; and Expert Witness. D. Provide GIS Mapping Services including, but not limited to: Maps, Schematic Reports & Geospatial Representations. E. Provide information and consulting to other firms, institutions, agencies or individuals as specified by the City needed to coordinate the development of the landfill. 3. Understanding of Project Conditions This project is based on the following understanding of project conditions: A. Coleman & Associates Land Surveying must comply with applicable state and local regulations. B. Coleman & Associates Land Surveying will provide professional liability insurance. C. The City of Denton will provide records of information on existing and future Landfill permit areas. D. The City of Denton will provide a project representative (David Dugger or other designated person) who will have the authority to receive reports, coordinate activities of city staff, and determine the information and/or report formats required as the project proceeds. As conflicts and discrepancies are discovered, they will be resolved in the most expedient manner possible. E. Coleman & Associates Land Surveying will provide project management and all surveying to accomplish the basic service. The project will utilize real time GPS technology as well as conventional surveying methods. Fieldwork will be coordinated with the landfill staff on site. F. Coleman & Associates Land Surveying will deliver a copy of all exhibits, surveying notes and database information used to accomplish each task as required. Page 2 of 4 EXHIBIT 3 PSA 5571 -ATTACHMENT A 4. Compensation Compensation will be on a cost — plus basis. Coleman & Associates Land Surveying will submit invoices on a monthly basis for work performed during the previous month up to an aggregate of ninety -five thousand dollars ($95,000.00) for each fiscal year. Additional services or annual rate adjustments due to inflation may be approved with a cap of three hundred fifty thousand dollars ($350,000) total over the three year period. A current Schedule of Standard Fees is attached. 5. Time of Performance Surveying services will continue on the normal schedule or as needed upon authorization from landfill staff until 30 days after written notice to cease work. 6. Reporting Any formal complaints concerning professional surveying services performed by Coleman & Associates Land Surveying can be made to: Texas Board of Professional Land Surveying 12100 Park 35 Circle Building A, Suite 156 MC -230 Austin, Texas 78753 Telephone: (512) 239 -5253 7. Authorizations and Agreement Coleman & Associates Land Surveying and the City of Denton each agree to the terms of this proposal. The signatures below authorize Coleman & Associates Land Surveying to proceed with work on the project. Coleman & Associates Land Surveying By: /," Ll elx-�: Date: G J`�iyGl� William M. Coe n, R.P.L.S. Client: City of Denton By: Date: Representative's Signature Page 3 of 4 Clerical Services Field Crew (fully equipped) 1 Man Field Crew 2 Man Field Crew 3 Man Field Crew RPLS EXHIBIT 3 PSA 5571 -ATTACHMENT A Coleman & Assoc. Land Surveying P.O. Box 686 Denton, Texas 76202 Phone (940)565 -8216 Fax (940)565 -9800 2015 -2018 Landfill Item Price List* RPLS- Registered Professional Land Surveyor /GISP S.I.T. Surveyor4n- Training Technician GIS - Survey Technician Senior Survey Technician *Rates subject to change Page 4 of 4 44.00 135.00 155.00 175.00 145.00 115.00 80.00 95.00 EXHIBIT 3 Attachment B EXHIBIT 3 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 heck this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7"' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. DA y/ a Z2&1(-1,6u? Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 C�zfNo Yes B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes XNo C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No /t< D. Describe each affiliation or business relationship. 41 2-6 Signature of person doing business with the governmental entity Date City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1 ON File #: ID 14 -0383, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a Light - Structure Green Lighting System for Soccer Fields located at Mack Park, which are 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 5503 awarded to Musco Sports Lighting, LLC ( Musco) in the amount of $147,131 of which $50,000 will be funded through a 2014 Fiscal Year United Soccer Federation Foundation Grant Agreement). FILE INFORMATION This item is for the purchase and installation of a new lighting system at the City of Denton Mack Park Soccer fields. The City has received a $50,000 grant from the United Soccer Federation Foundation which will be used to offset the total cost of the lighting, which is $147,131 (Exhibit 1). The vendor, Musco Sports Lighting, LLC, will provide the design and layout for the lighting system along with the equipment and also oversee the installation. There are currently no lights on the soccer fields at Mack Park. Due to the popularity of soccer in this area, additional field time is needed. The illumination of the fields will increase the playing time of the sport and allow for extended recreation on these existing fields. The soccer field at Mack Park is located in an area that is between two illuminated ball fields to the north and an additional one immediately to the south of this field. The United Soccer Federation Foundation Grant Agreement stipulates that the $50,000 awarded to the City of Denton must be spent with Musco Lighting, LLC, therefore this is sole source acquisition. Chapter 252.022 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. RECOMMENDATION Approve the purchase of soccer field lighting for Mack Park from Musco Sports Lighting, LLC in the amount of $147,131 of which $50,000 will be funded through a 2014 Fiscal Year United Soccer Federation Foundation Grant Agreement. PRINCIPAL PLACE OF BUSINESS City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0383, Version: 1 Musco Sports Lighting, LLC Oskaloosa, IA ESTIMATED SCHEDULE OF PROJECT The project is estimated to be completed within 45 days of Notice to Proceed. FISCAL INFORMATION The Mack Park Soccer Field Lighting package will be funded from the Park Administration Account 40014270.1360.40100 in the amount of $97,131 and a grant from the United Soccer Federation Foundation in the amount of $50,000. Requisition 4120142 has been entered in the Purchasing Software system. EXHIBITS Exhibit 1: United Soccer Federation Foundation Grant Exhibit 2: Ordinance Exhibit 3: Musco Purchase Agreement Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Emerson Vorel at 349 -7460. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl EXHIBIT 1 FIELD ENHANCEMENT GRANT AGREEMENT — FISCAL YEAR 2014 Pursuant to this Grant Agreement ( "Agreement"), dated as of January 1, 2014 ( "Effective Date"), the United States Soccer Federation Foundation, Inc. (the "Foundation "), agrees to award the Grant described below ( "Grant ") to City of Denton ( "Grantee "), and Grantee accepts such Grant in accordance with the terms and conditions set forth herein. 1. Foundation: U.S. Soccer Foundation Attn: Grants Department 1211 Connecticut Avenue, NW, Suite 500 Washington, DC 20036 Grantee: City of Denton Attn: Heather Gray 321 E. McKinney St. Denton, TX 76201 2. Grant Project: The Foundation and Grantee agree that the Lighting Grant ( "Grant Project') is as described in Grantee's Grant Application, FY14 -402 as submitted to the Foundation ( "Grant Application "). 3. Grant: The Grantee has been awarded a Grant in the amount of $50,000 by the Foundation, which shall be in the form of- * $50,000 in product credit to be spent with Musco Lighting 4. Grant Conditions: a) Grantee must return an executed copy of this Agreement to the Foundation by February 7, b) The Foundation's logo shall remain at all times the sole and exclusive intellectual property of the Foundation. Any use of the Foundation's logo must be specifically requested in writing for approval, in advance, by the Foundation and the Foundation shall have the right, at its discretion, to request samples of use from which it may determine compliance with the terms and conditions herein. The Foundation, in its sole and absolute discretion, additionally reserves the right to prohibit use of its logo for any reason. 5. Grantee Covenants: In order to induce the Foundation to enter into this Agreement, and to award the aforementioned Grant, Grantee covenants as follows: a) Soccer will be given scheduling priority on, and majority use of, the field(s) benefitting from the Grant Project (the "Field ") for as long as it is operational. Majority use shall mean use of greater than fifty per cent (50 %) for all scheduled activities on the Field. b) Grantee presently owns, or is currently tenant to an appropriate long -term lease of, that properly on which the Field is located. An appropriate long -term lease shall mean a lease of at least ten (10) years in length following the date of submission of the Grant Application. c) Prior to commencing installation of the Grant Project, Grantee will obtain, or shall assist (where necessary) in obtaining, all permits, authorizations and consents from third parties, including governmental entities, necessary for the installation of the Grant Project. EXHIBIT 1 6. Use of Grant: The Grant will be used only for those lawful purposes authorized under IRS Code Section 501(c)(3) and, in particular, for those purposes described in the Grant Application upon which the Foundation relied in its selection of Grantee. Any part of the Grant not used for the purposes consistent with IRS Code Section 501(c)(3), and otherwise in accordance with this Agreement, shall constitute a default and be immediately returned or reimbursed to the Foundation. In addition, Grantee shall also pay to the Foundation, promptly upon demand, all costs of collection relating to an attorney after such default, whether or not any action shall be instituted to enforce this Agreement or otherwise to collect hereunder. 7. Facts & Representations True and Correct: Grantee hereby affirms the representations made in its Grant Application are true and correct and that Foundation may rely upon the truth and correctness of the representations made in the Grant Application without further independent investigation. Grantee further affirms that it has not omitted any material fact from its Grant Application, the knowledge of which would adversely impact the awarding of the Grant to Grantee. Grantee avows that no adverse events have occurred since the date of such Grant Application which have materially and adversely altered the truth or reliability of the Grant Application, including, but not limited to, the tax status of Grantee and the Grantee's ability to successfully complete the Grant Project as described within the Grant Application. Grantee agrees to immediately inform the Foundation within five (5) business days of any material change, in Grantee or the Grant Project, which might affect any terms of this Agreement. 8. Grantee Books & Records: Grantee agrees to maintain sufficient operating and financial books, records and related documentation involving the Grantee's activities and other evidence sufficient for the Foundation to satisfy its fiduciary, public and governmental responsibilities and duties. The Foundation shall have reasonable access to the Grantee's books and records for inspection purposes and shall be entitled to copies of the same as such relate to the Grant and /or Grant Program. 9. Grantee Obligations: a) Semi- Annual Status Reports: During the term in which the Foundation is providing support for the Grant Project, Grantee shall submit Semi - Annual Status Reports, the form of which will be provided by the Foundation, on a semi - annual basis commencing six (6) months from the Effective Date. Such Semi - Annual Status Reports shall include digital photographs, videos, stories and testimonials relating to the Grant Project. b) Post-Tenn Annual Status Reports: Commencing two (2) years from the Effective Date, Grantee agrees to submit Annual Status Reports, in the form described above, for two (2) consecutive years following the conclusion of the aforementioned term. c) Photographs N!deos /Stories/Testimonials: In addition to submitting digital photographs, videos, stories and testimonials relating to the Grant Project in the aforementioned Status Reports, the Grantee shall submit the same to the Foundation upon request by the Foundation. d) Site Visits: Grantee will use its best efforts to accommodate any representative of the Foundation who requests to conduct a site visit, at the sole cost of the Foundation, for the purposes of collecting information about Grant's impact. e) Annual Reports: Grantees all make available to the Foundation the organization's Annual Report, if any. -2- EXHIBIT 1 10. Foundation Recognition & Publicity Material: a) Grantee, upon written approval by the Foundation, shall recognize the Foundation and acknowledge the Grant in Grantee's written materials, news releases, website, signage at the location of the Grant Project and related marketing or publicity. b) If Grantee possesses a website, such website shall include a hyperlink to the Foundation's website. c) Grantee, upon reasonable advanced notice by the Foundation will make best efforts to provide field space to the Foundation for events which include, but are not limited to, tournaments, clinics, training sessions and media functions. d) The Foundation shall have the right to publicize, show photographs and video, use the name of the Grantee and the Grant Project and otherwise promote its contributions to such in any and all media, including the Internet. Grantee authorizes the Foundation to utilize those logo or logos, owned or controlled by Grantee and associated with the Grant Project, for related marketing and/or publicity. e) Grantee agrees to fully assist and cooperate in a mutually acceptable dedication event, should the Foundation request such, which may include appearances by athletes affiliated with the Foundation. In order to assist Grantee, the Foundation will provide copies of the Foundation's loga(s) and a standard press release for Grantee to share with local media. f) Foundation will provide to Grantee the following material in order to support the marketing and publicity requirements under this Agreement: i) A color copy of Foundation logo. Any use of such logo must be specifically approved in writing in advance by Foundation. ii) A standard press release for Grantee to distribute to local media. 11. Grant Not Assignable: The Grant herein made is intended solely for Grantee and for the Grant Project described in the Grant Application. No benefit of the Grant may be delegated, assigned or otherwise transferred without the advance written consent of the Foundation, which consent shall be in the sole and absolute discretion of the Foundation. 12. Proof of Completion: Upon completion of the Grant Project, the Grantee will certify completion of the Grant Project by providing the Foundation with appropriate documentation demonstrating the completion of the Grant Project. 13. Foundation's Reservation of Rights; Rescission of Grant: The Foundation reserves the right to demand the immediate return of any unused portion of the Grant and to terminate its obligations under this Agreement should it determine, in its sole discretion, that Grantee has not satisfied the terms and conditions of this Agreement or that Grantee has not satisfied local, state, or federal law in connection with the Grant Project. a) Any portion of the Grant which is not expended on the Grant Project by December 31, 2014, shall be immediately subject to rescission. -3- EXHIBIT 1 b) If such proof of completion is not provided to the Foundation within one (1) year following the Effective Date, this Agreement shall be null and void and Foundation shall thereafter have no obligation to Grantee. c) Any portion of the Grant which is not expended on the Grant Project, due to a material change in Grantee or Grant Project, shall be immediately subject to rescission. 14. Attorney's Fees: If ordered by the Court, Grantee agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by the Foundation in connection with any litigation concerning this Agreement should the Foundation prevail against Grantee in such litigation. 15. Property Authority: Each of the parties hereto and their officers represent and warrant that they are authorized to enter into this Agreement and execute the same without further authority. 6. Absence of Warranties: THE FOUNDATION MAKES NO REPRESENTATION OR WARRANTIES HEREUNDER OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE RELATING TO THE GRANT, THE GRANT PROJECT OR THE PERFORMANCE BY THIRD PARTIES OF ANY SERVICES. IN NO EVENT WILL THE FOUNDATION BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PERFORMANCE OF THE OBLIGATIONS HEREUNDER. 17. Assumption of Risk: Grantee hereby agrees to assume all risks and liabilities associated with the use, operation, storage, location, maintenance and condition of the Team and/or Player Equipment, if any, and other products awarded in connection with this Grant Agreement. 18. Indemnification: To the extent allowed by applicable laws, Grantee agrees to indemnify, defend and hold harmless the Foundation, its parent, subsidiary and affiliated companies, sponsors, benefactors, donors, officers, directors, employees, accountants, attorneys, agents, successors and assigns ( "Foundation Parties") from and against any and all third party claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal /attorney's fees and expenses arising out of or related to any legal proceeding and any legal appeal) ( "Claim" or "Claims ") related to the Grant, the Grant Project or this Agreement and liabilities of any kind or nature whatsoever, whether in contract, tort, or otherwise, resulting from any claim (including, without limitation, personal injury, death, or property damage) actually or allegedly arising out of or in connection with maintenance, location, or condition of the Grant Project, or any person's use of the such, whether authorized or unauthorized, proper or improper. Grantee represents to the Foundation that the Grant Project does not violate any applicable law, regulation, ordinance, lease, or otherwise violate the rights of any person or entity. Grantee's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement. 19. Insurance Requirements: a) Insurance Requirements during Construction/Field Enhancement(s). Prior to commencing work and until substantial completion of the installation of the Grant Project ( "Field Enhancements) "), Grantee shall provide and maintain (or require its Contractor performing the installation work to provide and maintain), at its expense, the following insurance which shall protect Grantee, its Contractor and the Foundation on a primary basis from any and all Claims arising out of or in connection with the Grant Project and Field Enhancement(s) pursuant to this Agreement: -4- EXHIBIT 1 0) Commercial General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for contractual liability, premises liability, products - completed operations, personal and advertising injury, property damage and bodily injury liability (including death). Policy shall also include coverage for (i) liability arising out of Contractor's use, operation and /or maintenance of any construction machinery/equipment in the performance of the construction/installation of any Field Enhancement(s); and (ii) owners and contractors protective. Said policy shall be endorsed to name the Foundation and Foundation Parties as Additional Insureds. (ii) Automobile Liability insurance covering liability arising out of the Grantee's (or its Contractor's) use, operation and /or maintenance of any auto (including trucks and other construction vehicles), with limits not less than $500,000 each accident combined single limit for bodily injury and property damage. (iii) Workers' Compensation insurance covering employees of Grantee (and its Contractor) involved with the installation of the Field Enhancement(s), with limits as required by statutory law, including Employer's Liability coverage with limits not less than $1,000,000 each accident, $1,000,000 disease -each employee and $1,000,000 disease - policy limit. All such insurance required above shall be (1) considered primary with respect to Claims arising out of the Field Enhancement(s); and (2) shall be written by insurance companies that are satisfactory to Foundation and that are licensed to do business in the state in which the Field Enhancement is located. Grantee (and its Contractor) shall not allow any of the required policies to be materially changed, reduced or cancelled unless Grantee provides thirty (30) days prior written notice thereof to Foundation. Upon execution of this Agreement, Grantee shall provide Foundation with a certificate of insurance confirming that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. b) Insurance Requirements following Installation of the Field Enhancement(s). Following the substantial completion of the Field Enhancement(s) and at all times while the Field Enhancement is in place, Grantee shall provide and maintain, at its expense, the following insurance: (i) Commercial General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for premises liability, contractual liability, products - completed operations, participant legal liability, personal and advertising injury, property damage and bodily injury liability (including death). - Said policy shall be endorsed to name the Foundation and Foundation Parties as Additional Insureds, (ii) Workers' Compensation insurance covering employees of Grantee (if any) involved with the use, operation, or maintenance of the Field Enhancement(s), with limits as required by statutory law, including Employer's Liability coverage with limits not less than $1,000,000 each accident, $1,000,000 disease -each employee and $1,000,000 disease - policy limit. -5. EXHIBIT 1 (iii) Umbrella and /or Excess Liabili1y insurance with limits not less than $2,000,000 each occurrence shall apply in excess of the Commercial General Liability and Employer's Liability policy limits. All such insurance required above shall be (1) considered primary with respect to Claims arising out of the use, operation, maintenance and condition of the Field Enhancement(s); and (2) shall be written by insurance companies that are satisfactory to Foundation and that are licensed to do business in the state in which the Field Enhancement is located. Grantee shall not allow any of the required policies to be materially changed, reduced or cancelled unless Grantee provides thirty (30) days prior written notice thereof to Foundation. All such insurance (or equivalent self - insurance) required above shall be primary to and non- contributory with any insurance maintained by the Foundation. In the event that Grantee is self - insured, Grantee hereby warrants that it is financially capable and qualified to be self- insured for exposures normally covered under the insurance policies required above. To the extent allowed by applicable law, Grantee hereby agrees to be solely and fully liable for and shall indemnify, defend and hold harmless Foundation for any Claims that would otherwise have been covered by such insurance policies, including but not limited to: (i) Claims for third party bodily injury, property damage or personal injury liability caused by, resulting from, arising out of or in connection with the Grant project. Upon execution of this Agreement and at each renewal of the required policies, Grantee shall provide Foundation with a certificate of insurance confirming that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. 20. Intentionally Deleted, 21. Notices: Any notices or communications given under this Agreement must be made in writing (a) if to Foundation, at the address of Foundation as hereinabove set forth or at such other address as Foundation may designate by notice, or (b) if to Grantee, at the address of Grantee as hereinabove set forth or at such other address as Grantee may designate by notice. 22. Entire Agreement; Modifications: This Agreement contains the entire agreement between Foundation and Grantee and cannot be changed, modified, amended, waived or canceled except in writing and executed by each of the parties hereto. 23. Counterparts and Facsimile Signatures: This Agreement may be executed in one or more counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile signature by any party and such signature will be deemed binding for all purposes hereof without delivery of an original signature being thereafter required. EXHIBIT 1 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized signatories as of the date first written above. Name: (Print Name) Title: President and CEO Title: r" - wy*4, -- (Prin itle) Date: L__._, 2014] Date: -I— i h �� (Print ) SI! January 1, 2014 Alex Bard Compliance Coordinator U.S. Soccer Foundation 1211 Connecticut Avenue, NW Suite 500 Washington, DC 20036 RE: City of Denton Self - Insurance Letter Effective 1/1/2014 through 12/31/2014 Dear Alex: The City of Denton is a self - insured public entity as allowed by the State of Texas for General Liability, Auto/Mobile Equipment Liability, and Workers' Compensation. Liability limits are established by the Texas Tort Claims Act as listed below: Property Damage: $100,000 Bodily Injury: $250,000 per person $500,000 per occurrence The Risk Retention Fund is funded by the City in accordance with generally accepted accounting practices through actuarially calculated annual contributions. Information regarding filing a claim against the City can be obtained from Risk Management at City Hall East, 601 East Hickory Street, Suite A, Denton, Texas, 76205, or by phone at (940) 349 -7807. Sincerely, Scott Payne Risk Manager EXHIBIT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE PURCHASE OF A LIGHT - STRUCTURE GREEN LIGHTING SYSTEM FOR SOCCER FIELDS LOCATED AT MACK PARK, WHICH ARE 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 5503 AWARDED TO MUSCO SPORTS LIGHTING, LLC ( MUSCO) IN THE AMOUNT OF $147,131 OF WHICH $50,000 WILL BE FUNDED THROUGH A 2014 FISCAL YEAR UNITED SOCCER FEDERATION FOUNDATION GRANT AGREEMENT). 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, are hereby approved: FILE NUMBER VENDOR AMOUNT 5503 Musco Sports Lighting, LLC $147,131 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. EXHIBIT 2 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 File 5503 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 , 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356 1 ........ ,,.1111- .. ...... ,.. .- ....____ - -- - -. 1. SELLER NAME AND ADDRESS: --- ...... .eeeeeee.....�1......__ ...... . 2. BUYER NAME AND ADDRESS: Musco Sports Lighting, LLC ( "Musco ") City of Denton (the "Buyer ") 100 1 s' Avenue West - PO Box 808 215 East McKinney Street Oskaloosa, IA 52577 Denton, TX 76201 Attn: Howard Olson Attn: Jim Mays Email: howard.olson @musco.com Email: jim.mays @cityofdenton.com Telephone: 641 - 673 -0411 Telephone: 940/349 -7465 800 - 825 -6020 Ext 4733 Fax: Fax: 641 - 673 -4852 - -- _ ........ ......... - — 3. OWNER NAME AND ADDRESS: -- ..... � 4. SHIPPING NAME AND ADDRESS. City of Denton Mack Park 215 East McKinney Street 2000 East McKinney St Denton, TX 76201 Denton, TX 76209 Attn: Jim Mays Attn: Ricky Cooper Email: jim.mays @cityofdenton.com Email: rcooper @nema3electric.com Telephone: 940/349 -7465 Telephone: 972/723 -1180 Fax: Fax: 972/723 -1181 _ 5, WARRANTY CONTACT: 6. FACILITY NAME AND ADDRESS��� City of Denton Mack Park 215 East McKinney Street 2000 East McKinney St Denton, TX 76201 Denton, TX 76209 Attn: Jim Mays Email: jim.mays @cityofdenton.com Telephone: 940/349 -7465 Fax: 7. EQUIPMENT DESCRIPTION - Musco shall sell, transfer and deliver to Buyer, and Buyer will purchase, accept and pay for the following goods (the "Equipment ") in accordance with the "Total Price" paragraph of this Agreement. Musco's lighting system consisting of: Light- Structure Green TM Lighting System Equipment Details • 4 pre -cast concrete bases • 4 - 70' galvanized steel poles • 28 - 1500 watt metal halide factory -aimed and assembled luminaires • 1 Control -Link@ Control & Monitoring System Cabinet • Electrical component enclosures • Pole length wire harnesses Built to the following specifications: • Ballast Input Voltage: • Phase to Pole: Phase • Structural Integrity: Based upon IBC -C, 2009, 90 MPH Windspeed RESPONSIBILITIES OF THE BUYER AND /OR THIRD PARTY - Buyer /Third Party agrees to: • Confirm supply voltage required for lighting system. • Provide confirmation on pole locations. • Provide electrical design and materials for electrical distribution system. • Provide labor and equipment for installation of electrical distribution system. Initials 0 1999,2012 Musco Spofts Lighting, LLC - M-1010-anUSIJ D� , � � www.musco.com lighting @muscocom �° EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356 MUSCO SERVICES - Musco agrees to provide design and layout for the lighting system. In addition to the purchase and sale of the Equipment, Musco agrees to provide, itself or through its subcontractors, the following (the "Services "): Customer Responsibilities: 1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by "One Call" and irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout. 4. Pay for extra costs associated with foundation excavation in non - standard soils (rock, caliche, high water table, collapsing holes, etc.). Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 5. Owner responsible for any power company fees and requirements. (If necessary). 6. Provide area on site for disposal of spoils from foundation excavation. Musco Responsibilities: 1. Provide required poles, fixtures, and foundations. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on 2500psi soils. 5. Provide Payment and Performance Bonding. ( If required, Not included in the quote) 6. Provide sealed Electrical Plans. (If required) 7. Remove spoils to owner designated location at jobsite, as stipulated in Attachment A. Subcontractor Responsibilities: 1. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 2. Provide storage containers for material, (including ballast boxes), as necessary and waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Obtain any required permitting. 5. Provide materials and equipment to install or upgrade electrical service panels as required or necessary. 6. Provide materials and equipment to mount the Musco Supplied Surge Protection Device to the distribution panel and terminate necessary wiring. 7. Provide dedicated breaker in distribution panel for surge protection device. 8. Provide materials and equipment to install all underground conduit, wiring, pull boxes etc. and terminate wiring as required per electrical design. 9. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 10. Provide materials and equipment to install (4) LSS foundations as specified on Layout. 11. Provide materials and equipment to assemble (28) LSG fixtures and terminate all necessary wiring. 12. Provide equipment and materials to assemble and erect (4) LSS Poles. 13. Provide equipment and materials to install (1) Lighting Contactor Cabinet and terminate all necessary wiring. 14. Furnish and install new Switch gear, new Enclosure and new Pad for Enclosure 15. Demo existing Pad and Switch gear Enclosure 16. Re- connect existing Baseball to New Musco Control Link cabinet 17. New Service from Switch gear to XFMR 18. Re- connect existing restroom to new Low Voltage Panel Initials Q 1999,2012 Musco Sports Lighting, LIC - M-1010-enUS _USC0 www.rhuscox= lighting rnusc6.conn,,, EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project : 147356 19. Provide step down transformer for 120v control circuit if not available 20. Contractor will commission Control Link by contacting Control Link Central at (877 -347- 3319). 21. Check all Zones to make sure they work in both auto and manual mode. 22. 1 hour comprehensive burn of all lights on each zone. 23. Set base line for the DAS (Diagnostic Acquisition System) 24. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 25. Provide startup and aiming as required to provide complete and operating sports lighting system. 26. Provide as built drawings on completion of installation. 10. CONSTANT 25TM WARRANTY & MAINTENANCE PROGRAM (the "Warranty) – Musco shall provide parts, labor and services as outlined in the Musco Constant 25 Warranty Agreement to maintain operation of lighting equipment included in the Equipment for a period of up to 25 years on the following terms: • Warranty Service Begins: On the date of product shipment • Expiration Date: 25 years from date of shipment, or once lamp usage is exceeded, whichever occurs first • Group relamps will take place at the end of the 5000 -hour useful lamp life. If total usage hours are exceeded, owner will need to purchase additional relamps to continue the warranty through 25 years. • Monitoring, Maintenance & Control Services • Light levels – shall be guaranteed for 25 years • Energy Consumption: System Average 43.79; System Maximum 47.6 - - - - - -- Area 'of Li �. _ ........ .. ... ...... _....._ __.. - -- ghting Number of Constant Number of Estimated Annual Maximum Hours Luminaires Light Levels Group / 25 Year of Coverage for Relamps Estimated Usage 25 years Hours — – - – ... . ..... _......�_.. ...... ...... __ ......... Soccer 28 30fc 1 400 / 10 000 10,000 11. TOTAL PRICE - Buyer will pay for the above - described Equipment and services for the Total Price of (plus applicable taxes), payable as follows. Total contract price: $147,131.00 Less USSF grant: - $50,000.00 Total due to Musco from customer: $97,131.00 within 30 days from invoice date Monthly progress invoicing and payments will apply. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Price includes delivery, unloading, and installation to the address indicated in item #4 of this Agreement. Price does not include sales tax. Payments not paid when due are subject to a carrying charge for each month past due or will be pro- rated for the portion of the month there is an unpaid balance. Carrying charges shall accrue in the amount of one and one half percent (1'/ %) per month of any overdue unpaid balance, or the maximum rate permitted by Texas Government Code 2251, whichever is less. Source of Funds: Buyer agrees that Buyer's payment to Musco is not contingent upon Buyer getting paid by the Owner /End User. Initials 0- 1999, 2012 Musco Sports Lighting, LLC - M-1010-enUS-14 CXXXD � ` www.musco.com lighting�musco:com age 3 of EXHIBIT 3 p _ Date: April 9, 2014 Project Name: Mack Park Soccer Protect 147356 Buyer may not hold back or set off any amounts owed to Musco in satisfaction of any claims asserted by Buyer against Musco. No partial payment by Buyer shall constitute satisfaction of the entire outstanding balance of any invoice of Musco, notwithstanding any notation or statement accompanying that payment. The Total Price was calculated utilizing parameters outlined in the project specifications. In the event soil conditions vary from those relied upon, or if the soil cannot be readily excavated, Buyer shall be responsible for Musco's additional associated costs, including but not limited to the cost of design, alternate foundations, additional materials, and labor. TAXES - The City of Denton is exempt from Federal Excise and State Sales Tax. The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95 -0.07 and #95 -0.09. ® Non - Taxable (Copy of resale or exemption certificate must be attached. Note: Just holding a sales tax permit does not, in and of itself, qualify for a non - taxable sale.) 12. PAYMENT /PERFORMANCE BONDING — In accordance with Texas laws, Musco shall provide both payment and performance bonds for this project. Bond formats are attached in Attachment B of this contract. Bonds required on this project? ® Yes ❑ No 13. DELIVERY - Normal delivery to the shipping address indicated above is 4 to 6 weeks after submittal approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price" paragraph of this Agreement. All deliveries shall be made by means of a common carrier or some other reasonable means chosen by Musco. All risk of loss to Equipment sold shall pass to Buyer upon Musco's substantial completion of the Services. Delivery is subject to Buyer maintaining credit satisfactory to Musco. Musco may suspend or delay performance or delivery at any time pending receipt of assurances, including full or partial prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract without further liability or obligation to Buyer. 14. RETAINAGE/WARRANTY - Buyer acknowledges payment in full is required within the agreed terms. Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's Warranty Department (800- 825 - 6020). Musco's Equipment and its performance are sold subject to Musco's written warranty. Musco shall provide the City of Denton with a warranty of 24 months, after installation of equipment. Buyer acknowledges that any warranty and /or maintenance guarantee contained within payment/performance bonds issued on Musco's behalf pursuant to this Agreement and the corresponding liability on behalf of the issuing surety shall apply only to the first 24 months of any www.musco.com lighting @musco.com jar; . EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356 warranty and /or maintenance obligation of Musco specified in the written Warranty to be delivered to Buyer. The balance of any warranty and /or maintenance obligation greater than 24 months shall be the sole responsibility of Musco and shall not be guaranteed by a third party. 15. EXCLUSION OF SPECIAL DAMAGES — Intentionally Deleted. 16. LIMITATIONS PERIOD — Unless otherwise specified in the Warranty to be delivered to Buyer, any action or proceeding against Musco arising out of or relating to the Equipment or Services will be forever barred unless commenced within the earlier of: (a) two (2) years after delivery of the Equipment or if applicable, completion of the Services; or (b) the period prescribed by the applicable statute of limitation or repose. 17. SECURITY AGREEMENT - In consideration of the promises contained herein, Buyer hereby grants and conveys to Musco, to secure payment and performance of all obligations in full, a purchase money security interest in the Equipment, including all repairs, replacements and accessions thereto and proceeds thereof (collectively referred to as the "Secured Property "). Buyer hereby irrevocably authorizes Musco at any time to register in any registration office in any province (including personal property registries and if applicable, land titles or real property registries) any initial financing statements, financing change statements, notices of security interest or other documents relating to this security interest or this transaction. Buyer further agrees to promptly furnish any information requested by Musco to effectuate the terms of this Agreement. Buyer further agrees to execute any document reasonably required by Musco to perfect the security interest granted herein and to assure the preservation, priority and enforcement of such security interest. Buyer agrees that value has been given for this security interest and that the parties have not agreed to postpone the time for attachment of the security interest. 18. Insurance — Musco shall meet the stated insurance requirements as stated within Attachment A. 19. DEFAULT - Each of the following shall constitute a default ( "Default ") under this Agreement: a) failure to pay, in full, any payment when due hereunder; b) Buyer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c) any warranty, representation or statement made or furnished to Musco by or on behalf of the Buyer proved to have been false in any material respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee, seizure or attachment thereof or thereon prior to payment in full; or e) the occurrence or non - occurrence of any event or events which causes Musco, in good faith, to deem itself insecure for any reason whatsoever. 20. REMEDIES UPON DEFAULT - In the event of Default, Musco may, at its option, and without notice or demand: a) declare the entire unpaid balance owing hereunder due and payable at once; b) proceed to recover judgment for the entire unpaid balance due; c) exercise all rights provided to Musco under this Agreement, any applicable personal property security act (or similar legislation), at law or in equity including but not limited to entering the Buyer's premises and taking possession of the Secured Property. All the remedies described herein are cumulative, and may be exercised in any order by Musco. Buyer agrees to pay all costs (including reasonable attorney's fees and court costs) incurred by Musco in disposing of the Secured Property and collecting any amounts owing hereunder, and such costs shall be part of the obligations secured hereunder. 21. FORCE MAJEURE - Musco shall not be liable for delays or failure to perform in respect of the Equipment or the Services due, directly or indirectly, to (i) causes beyond Musco's reasonable control, or (ii) acts of God or nature, acts (including failure to act) of any governmental authority, wars (declared or undeclared), strikes or other labor disputes, fires, and natural calamities (such as floods, earthquakes, storms, epidemics). 22. EEO COMPLIANCE — When applicable, Musco and Subcontractor shall comply with the EEO Clause in Section 202 of Executive Order 11246, as amended, which is incorporated herein by specific reference. When applicable, Musco and Subcontractor shall abide by the requirements of 41 CFR 60- 741.5(a) and 41 CFR 60- 300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability and against qualified protected veterans, and require Initials Q 1999, 2012 Mus c o Sportq Lighting, Ll C - M.1010-enUS 14 www.musco.com lighting @musco.com Page 5 of 7 r EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project* 147356 affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities and qualified protected veterans. 23. CONDITIONS OF AGREEMENT a. APPLICABLE LAW - This Agreement shall be governed by the laws, including the Uniform Commercial Code, adopted in the State of Texas as effective and in force on the date of this Agreement. b. EXPENSEVREMEDIES - Buyer shall pay to Musco the reasonable expenses, including court costs, legal and administrative expenses and reasonable legal fees (on a solicitor and client basis), paid or incurred by Musco in endeavoring to collect amounts due from Buyer to Musco. It is further understood that if Buyer does not make a payment as due, Musco has the right to forward appropriate notices or claims on jobs with owners, bonding companies, general contractors, or the like, as deemed appropriate by Musco. c. ENTIRE AGREEMENT - This Agreement, Attachment A, the written Warranty to be delivered to Buyer, and any invoice issued by Musco pursuant to this Agreement (collectively the "Contract Documents ") constitute the entire agreement between the parties and supersede all prior statements of any kind made by the parties or their representatives. No representative or employee of either party has any authority to bind party to any term, representation or warranty other than those specifically included in the Contract Documents. This Agreement may not be amended or supplemented except by written agreement executed by Musco and Buyer. To the extent a conflict arises between or among the Contract Documents, the order of precedence of interpretation of the Contract Documents shall be as set forth in Article 1.2(i) of Attachment A. d. ACCEPTANCE - This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this Order by Musco. Please verify and complete the following information prior to signing: Submittals required: The project is: Operational Date: Earliest date you expect product on site Latest date you expect product on site CITY OF DENTON ❑ No ® New Construction ❑ Existing MUSCO SPORTS LIGHTING, LLC Acceptance Acceptance this day f 20— this day of � Y .., a 2 _.._.__ ........ ..... _ - - . , Signature signalum ;...._ �.j.. ^ a Name and Title Name and i itle �Y Initials ©1999, 2012 Musco Sports Lighting LLC • M- 1010- enUS -14 Page 6 of 7 EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project # 147356 Initials C 1999, 20,12 Musco Sports I ghting, I I C - IM-1 01 O-enUS 14 wwvT.musco.com lighting @muscocom Page 7 of 7 EXHIBIT 3 ............ Date April 9, 2014 Project Name Mack Park Soccer Project #: 147356 - -. ......... 1. SELLER NAME AND ADDRESS: 2. BUYER NAME AND ADDRESS. Musco Sports Lighting, LLC ( "Musco ") City of Denton (the "Buyer ") 100 1 s` Avenue West — PO Box 808 215 East McKinney Street Oskaloosa, IA 52577 Denton, TX 76201 Attn: Howard Olson Attn: Jim Mays Email: howard.olson @musco.com Email: jim.mays @cityofdenton.com Telephone: 641 - 673 -0411 Telephone: 940/349 -7465 800 - 825 -6020 Ext 4733 Fax: Fax: 641- 673 -4852 -- — m,e ., -. ......... 3. OWNER NAME AND ADDRESS: 4. SHIPPING NAME AND ADDRESS: City of Denton Mack Park 215 East McKinney Street 2000 East McKinney St Denton, TX 76201 Denton, TX 76209 Attn: Jim Mays Attn: Ricky Cooper Email: jim.mays @cityofdenton.com Email: rcooper @nema3electric.com Telephone: 940/349 -7465 Telephone: 972/723 -1180 Fax: Fax: 972/723 -1181 .. __ . — , ......... 5. WARRANTY CONTACT: . , - . - - - - - -- ...... -- 6. FACILITY NAME AND ADDRESS: City of Denton Mack Park 215 East McKinney Street 2000 East McKinney St Denton, TX 76201 Denton, TX 76209 Attn: Jim Mays Email: jim.mays @cityofdenton.com Telephone: 940/349 -7465 Fax �..�. - .., EQUIPMENT DESCRIPTION - Musco shall sell, transfer and deliver to Buyer, and Buyer will purchase, accept and pay for the following goods (the "Equipment ") in accordance with the "Total Price" paragraph of this Agreement. Musco's lighting system consisting of: Light- Structure GreenTm Lighting System Equipment Details • 4 pre -cast concrete bases • 4 — 70' galvanized steel poles • 28 — 1500 watt metal halide factory -aimed and assembled luminaires • 1 Control -Link® Control & Monitoring System Cabinet • Electrical component enclosures • Pole length wire harnesses Built to the following specifications: • Ballast Input Voltage: • Phase to Pole: Phase • Structural Integrity: Based upon IBC -C, 2009, 90 MPH Windspeed 8. RESPONSIBILITIES OF THE BUYER AND /OR THIRD PARTY — Buyer /Third Party agrees to: • Confirm supply voltage required for lighting system. • Provide confirmation on pole locations. • Provide electrical design and materials for electrical distribution system. • Provide labor and equipment for installation of electrical distribution system. CX')0C_) Initials @,) 1999, 2012 Musco Spoi is Lighting, I LC-1V1 WIO-enUS-14 MUSCO. ,,, Niww:fnuscq.eom •, lighting a�musco.com ; Page 1 of 7 EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356 9. MUSCO SERVICES - Musco agrees to provide design and layout for the lighting system. In addition to the purchase and sale of the Equipment, Musco agrees to provide, itself or through its subcontractors, the following (the "Services "): Customer Responsibilities: 1. Complete access to the site for construction using standard 2 wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by "One Call" and irrigation systems and sprinkler heads. Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout. 4. Pay for extra costs associated with foundation excavation in non - standard soils (rock, caliche, high water table, collapsing holes, etc.). Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 5. Owner responsible for any power company fees and requirements. (If necessary). 6. Provide area on site for disposal of spoils from foundation excavation. Musco Responsibilities: 1. Provide required poles, fixtures, and foundations. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on 2500psi soils. 5. Provide Payment and Performance Bonding. ( If required, Not included in the quote) 6. Provide sealed Electrical Plans. (If required) 7. Remove spoils to owner designated location at jobsite, as stipulated in Attachment A. Subcontractor Responsibilities: 1. Provide equipment and materials to off load equipment atjobsite per scheduled delivery. 2. Provide storage containers for material, (including ballast boxes), as necessary and waste disposal. 3. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 4. Obtain any required permitting. 5. Provide materials and equipment to install or upgrade electrical service panels as required or necessary. 6. Provide materials and equipment to mount the Musco Supplied Surge Protection Device to the distribution panel and terminate necessary wiring. 7. Provide dedicated breaker in distribution panel for surge protection device. 8. Provide materials and equipment to install all underground conduit, wiring, pull boxes etc. and terminate wiring as required per electrical design. 9. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 10. Provide materials and equipment to install (4) LSS foundations as specified on Layout. 11. Provide materials and equipment to assemble (28) LSG fixtures and terminate all necessary wiring. 12. Provide equipment and materials to assemble and erect (4) LSS Poles. 13. Provide equipment and materials to install (1) Lighting Contactor Cabinet and terminate all necessary wiring. 14. Furnish and install new Switch gear, new Enclosure and new Pad for Enclosure 15. Demo existing Pad and Switch gear Enclosure 16. Re- connect existing Baseball to New Musco Control Link cabinet 17. New Service from Switch gear to XFMR 18. Re- connect existing restroom to new Low Voltage Panel V Initials @ 1999, 2012 Musco Sports Lighting, LIC , IIA-1010 enU 4 ��� � � � > �� � ��� � � :, „ � �� ° � www.musco.com' • lighting @musco.cam EXHIBIT 3 Project 147356 Date April 9.......20.14 . . ... .... � .... _ .... Protect Name Mack Park Soccer ..._ -- -..... . �� - - -— ..... �.. .......... - -- ...... 19. Provide step down transformer for 120v control circuit if not available 20. Contractor will commission Control Link by contacting Control Link Central at (877 -347- 3319). 21. Check all Zones to make sure they work in both auto and manual mode. 22. 1 hour comprehensive burn of all lights on each zone. 23. Set base line for the DAS (Diagnostic Acquisition System) 24. Keep all heavy equipment off of playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 25. Provide startup and aiming as required to provide complete and operating sports lighting system. 26. Provide as built drawings on completion of installation. 10. CONSTANT 25TM WARRANTY & MAINTENANCE PROGRAM (the "Warranty) — Musco shall provide parts, labor and services as outlined in the Musco Constant 25 Warranty Agreement to maintain operation of lighting equipment included in the Equipment for a period of up to 25 years on the following terms: • Warranty Service Begins: On the date of product shipment • Expiration Date: 25 years from date of shipment, or once lamp usage is exceeded, whichever occurs first • Group relamps will take place at the end of the 5000 -hour useful lamp life. If total usage hours are exceeded, owner will need to purchase additional relamps to continue the warranty through 25 years. • Monitoring, Maintenance & Control Services • Light levels — shall be guaranteed for 25 years • Energy Consumption: System Average 43.79; System Maximum 47.6 Area of Lighting Number of Constant Number of Estimated Annual Maximum Hours Luminaires Light Levels Grou p Year of Cover age for Relamps Estimated Usage 25 years Hours ...... ..... ... 10 000 Soccer 28 30fc 1 400 / 10,000 � � . _ 11. TOTAL PRICE - Buyer will pay for the above - described Equipment and services for the Total Price of (plus applicable taxes), payable as follows. Total contract price: $147,131.00 Less USSF grant: - $50,000.00 Total due to Musco from customer: $97,131.00 within 30 days from invoice date Monthly progress invoicing and payments will apply. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Price includes delivery, unloading, and installation to the address indicated in item #4 of this Agreement. Price does not include sales tax. Payments not paid when due are subject to a carrying charge for each month past due or will be pro- rated for the portion of the month there is an unpaid balance. Carrying charges shall accrue in the amount of one and one half percent (1'/ %) per month of any overdue unpaid balance, or the maximum rate permitted by Texas Government Code 2251, whichever is less. Source of Funds: Buyer agrees that Buyer's payment to Musco is not contingent upon Buyer getting paid by the Owner /End User. V__� Initials 0 1999, 2012 Musco Sporls Lighting, LLC -- IIA-1010 enUS 1-4 www.musco.com •,: lighting a�musco.com. Page 3 of 7 EXHIBIT 3 m .,,._ _ m.. ..... Date: April 9, 2014 Project Name: Mack Park Soccer Project* 147356 Buyer may not hold back or set off any amounts owed to Musco in satisfaction of any claims asserted by Buyer against Musco. No partial payment by Buyer shall constitute satisfaction of the entire outstanding balance of any invoice of Musco, notwithstanding any notation or statement accompanying that payment. The Total Price was calculated utilizing parameters outlined in the project specifications. In the event soil conditions vary from those relied upon, or if the soil cannot be readily excavated, Buyer shall be responsible for Musco's additional associated costs, including but not limited to the cost of design, alternate foundations, additional materials, and labor. TAXES - The City of Denton is exempt from Federal Excise and State Sales Tax. The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95 -0.07 and #95 -0.09. ® Non - Taxable (Copy of resale or exemption certificate must be attached. Note: Just holding a sales tax permit does not, in and of itself, qualify for a non - taxable sale.) 12. PAYMENT /PERFORMANCE BONDING — In accordance with Texas laws, Musco shall provide both payment and performance bonds for this project. Bond formats are attached in Attachment B of this contract. Bonds required on this project? ® Yes ❑ No 13. DELIVERY - Normal delivery to the shipping address indicated above is 4 to 6 weeks after submittal approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price" paragraph of this Agreement. All deliveries shall be made by means of a common carrier or some other reasonable means chosen by Musco. All risk of loss to Equipment sold shall pass to Buyer upon Musco's substantial completion of the Services. Delivery is subject to Buyer maintaining credit satisfactory to Musco. Musco may suspend or delay performance or delivery at any time pending receipt of assurances, including full or partial prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract without further liability or obligation to Buyer. 14. RETAINAGE/WARRANTY - Buyer acknowledges payment in full is required within the agreed terms. Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's Warranty Department (800- 825 - 6020). Musco's Equipment and its performance are sold subject to Musco's written warranty. Musco shall provide the City of Denton with a warranty of 24 months, after installation of equipment. Buyer acknowledges that any warranty and /or maintenance guarantee contained within payment/performance bonds issued on Musco's behalf pursuant to this Agreement and the corresponding liability on behalf of the issuing surety shall apply only to the first 24 months of any Initials 0 1999, 2012 Musco Sports Lighting, LLC - ,, owww.musco.com , • lighting @musco.com -..- EXHIBIT 3 Park Soccer Project #: 147356 Gate: April ... 9, 2014 .. �.. ------------------------ Project Name Mack Para._ ........... .,,,,,... �....._ ..-,,.._ ------ ..._. warranty and /or maintenance obligation of Musco specified in the written Warranty to be delivered to Buyer. The balance of any warranty and /or maintenance obligation greater than 24 months shall be the sole responsibility of Musco and shall not be guaranteed by a third party. 15. EXCLUSION OF SPECIAL DAMAGES — Intentionally Deleted. 16. LIMITATIONS PERIOD — Unless otherwise specified in the Warranty to be delivered to Buyer, any action or proceeding against Musco arising out of or relating to the Equipment or Services will be forever barred unless commenced within the earlier of: (a) two (2) years after delivery of the Equipment or if applicable, completion of the Services; or (b) the period prescribed by the applicable statute of limitation or repose. 17. SECURITY AGREEMENT - In consideration of the promises contained herein„ Buyer hereby ,grants and conveys to Musco, to secure payment and performance of all obligations in full„ a purchase money security interest in the Equipment, including all repairs„ replacements and accessions thereto and proceeds thereof (collectively referred to as the "Secured Property "). Buyer hereby irrevocably authorizes Musco at any time to register in any registration office in any province (including personal property registries and if applicable, land titles or real property registries) any initial financing statements, financing change statements, notices of security interest or other documents relating to this security interest or this transaction. Buyer further agrees to promptly furnish any information requested by Musco to effectuate the terms of this Agreement. Buyer further agrees to execute any document reasonably required by Musco to perfect the security interest granted herein and to assure the preservation, priority and enforcement of such security interest. Buyer agrees that value has been given for this security interest and that the parties have not agreed to postpone the time for attachment of the security interest. 18. Insurance — Musco shall meet the stated insurance requirements as stated within Attachment A. 19. DEFAULT - Each of the following shall constitute a default ( "Default ") under this Agreement: a) failure to pay, in full, any payment when due hereunder; b) Buyer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c) any warranty„ representation or statement made or furnished to Musco by or on behalf of the Buyer proved to have been false in any rnaterial respect when made or furnished; d) loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee„ seizure or attachment thereof or thereon prior to payment in full; or e) the occurrence or non - occurrence of any event or events which causes Musco, in good faith, to deem itself insecure for any reason whatsoever. 20. REMEDIES UPON DEFAULT - In the event of Default, Musco may, at its option, and without notice or demand: a) declare the entire unpaid balance owing hereunder due and payable at once, b) proceed to recover judgment for the entire unpaid balance due; c) exercise all rights provided to Musco under this Agreement, any applicable personal property security act (or similar legislation), at law or in equity including but not limited to entering the Buyer's premises and taking possession of the Secured Property. All the remedies described herein are cumulative, and may be exercised in any order by Musco. Buyer agrees to pay all costs (including reasonable attorney's fees and court costs) incurred by Musco in disposing of the 'Secured Property and collecting any amounts owing hereunder, and such costs shall be part of the obligations secured hereunder. 21. FORCE MAJEURE - Musco shall not be liable for delays or failure to perform in respect of the Equipment or the Services due, directly or indirectly, to (i) causes beyond Musco's reasonable control, or (ii) acts of God or nature, acts (including failure to act) of any governmental authority, wars (declared or undeclared), strikes or other labor disputes, fires, and natural calamities (such as floods, earthquakes, storms, epidemics). 22. EEO COMPLIANCE — When applicable, Musco and Subcontractor shall comply with the EEO Clause in Section 202 of Executive Order 11246, as amended, which is incorporated herein by specific reference. When applicable, Musco and Subcontractor shall abide by the requirements of 41 CFR 60- 741.5(a) and 41 CFR 60- 300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability and against qualified protected veterans, and require Initials 0 1999, 2012 Musco Sports Lighting, LLC - M-1010-enUS-14 I o www.inusco.com lighting @musco:com Page 5 of 7 EXHIBIT 3 ......... ..... ._ .................... .... -..,_. Date April 9, 2014 Project Name: Mack Park Soccer Project #: 147356 affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities and qualified protected veterans. 23. CONDITIONS OF AGREEMENT a. APPLICABLE LAW - This Agreement shall be governed by the laws, including the Uniform Commercial Code, adopted in the State of Texas as effective and in force on the date of this Agreement. b. EXPENSEVREMEDIES - Buyer shall pay to Musco the reasonable expenses, including court costs, legal and administrative expenses and reasonable legal fees (on a solicitor and client basis), paid or incurred by Musco in endeavoring to collect amounts due from Buyer to Musco. It is further understood that if Buyer does not make a payment as due, Musco has the right to forward appropriate notices or claims on jobs with owners, bonding companies, general contractors, or the like, as deemed appropriate by Musco. c. ENTIRE AGREEMENT - This Agreement, Attachment A, the written Warranty to be delivered to Buyer, and any invoice issued by Musco pursuant to this Agreement (collectively the "Contract Documents ") constitute the entire agreement between the parties and supersede all prior statements of any kind made by the parties or their representatives. No representative or employee of either party has any authority to bind party to any term, representation or warranty other than those specifically included in the Contract Documents, This Agreement may not be amended or supplemented except by written agreement executed by Musco and Buyer. To the extent a conflict arises between or among the Contract Documents, the order of precedence of interpretation of the Contract Documents shall be as set forth in Article 1.2(i) of Attachment A. d. ACCEPTANCE - This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this Order by Musco. Please verify and complete the following information prior to signing: Submittals required: The project is: Operational Date: Earliest date you expect product on site Latest date you expect product on site CITY OF DENTON Acceptance this day of — -._ ..... Signature Name and Title 20_ ❑ No ® New Construction ❑ Existing MUSCO SPORTS LIGHTING, LLC Acceptance this day of 20 Z.� ,,Z . - .. Signature � . Name and Title Initials ©1999, 2012 Musco Sports Lighting, LLC • M- 1010- enUS -14 musco. Page 6 of 7 EXHIBIT 3 Date: April 9, 2014 Project Name: Mack Park Soccer Project #: 147356 Www.musco.com �•, lighting@musco:com Page 7 of 7 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0384, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of Electric Utility Overhead Distribution Conductors for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (RFP 5543- awarded to HD Power Solutions in the three (3) year not -to- exceed amount of $1,000,000). RFP INFORMATION This RFP is for the annual contract to supply overhead distribution conductors for Denton Municipal Electric. The conductors (cable) are used to distribute overhead electrical service to its customers. The cable is used to replace existing overhead cable that fails and also to extend service to new residential and commercial customers. The items are stocked by the Distribution Center and used as needed. Purchases from the City's Distribution Center are approved by the City Council and do not receive a recommendation from the City's Public Utilities Board even if the goods purchased may be used by the City's utilities. Requests for Proposals were sent to 360 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Four (4) proposals were received (Exhibit 1- Pricing Sheet). A Best and Final Offer (BAFO) was conducted which resulted in HD Supply Power Solutions including a price for Item 15 (Exhibit 2 -BAFO and Evaluation Scoring). The proposals were evaluated based upon published criteria including performance, delivery, acceptance of standard terms and conditions, and price. Based upon this evaluation, HD Supply Power Solutions meets all requirements and is determined to be the best value for the City. RECOMMENDATION Approve a contract with HD Power Solutions for Electric Utility Overhead Distribution Conductors for Denton Municipal Electric in a three (3) year not -to- exceed amount of $1,000,000. PRINCIPAL PLACE OF BUSINESS HD Supply Power Solutions Corinth, TX City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0384, Version: 1 ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The items in this RFP will be funded out of the Distribution Center Working Capital account and charged back to the using department. EXHIBITS Exhibit l: Pricing Sheet Exhibit 2: BAFO /Evaluation Ranking Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Phil Williams at 349 -8487. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl > s. E> a 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 °g& a — 3 v O x u � � s � `o v H � � z a" 3 3 3 3 3 3 3 3 3 3 3 3 3 3 o z a 3 v a 'o E a a o 3 x � z > 5. o o oo o oo o oo o oo o oo o "o v "o v "o v "o v "o v "o v "o v oo o oo o _ _ _ _ _ _ _ _ W Q E E E E o E o E o E o o E o o E E o E E o o E E o o E 9 o s 3 E E « a� x >s�o�o�o E - o o Y— _ o Y— _ _ o Y— _ _ o�o o Y o _ _ o Y— _ _ :El - ro z° 3 > a 'o - a s � z � xm W 0 � z z 3 - z° � E « a" - w _ ¢ m a w w - ¢ m - ¢` - ¢ v a v @ '� ^ ¢ E lu a lo E E m u G�'op _ G o G 'o o«'v o«'v o Is ox z > °o 9 - i° v $� u° ,X E v' u° -o u° -o ,Y u° u° N u x xox �°o >o > � ° o i EOO E,Y Ex E� E 1. 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R c R O R >U ti R J J O O W V _ v v v `� v v v `� - `� R v- R t v R O Li UI -O U w Q U w w d U O w w O w U w w d d d d d U U O> >W Q VI f f Q r rc r rc r rc r r r r r r r r r °°°° J r r r w G y N z O o O 0 O o O O O O O O o o O O O O O O O O O O o o O O o o 0 0 0 0 0 0 0 w Q O O O O M v Lr Om N N M i0 Ill Om O Lr N Ifl 0 0 m m a o o 16 N 16 N 16 N N Q z N N N N N N N N N Q z !' E N N N N O O m m m o I m O O m O 'D ^ o l0 O a o O O m os O _ w � � F - m > m O >o - O O - - D_ o m H 7 O u 0 C � O d N ° > N N � O. W EXHIBIT 3 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTORS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFP 5543- AWARDED TO HD SUPPLY POWER SOLUTIONS IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $1,000,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of overhead distribution conductors for the City of Denton in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5543 HD Supply Power Solutions $1,000,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with EXHIBIT 3 the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. 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 File 5543 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 4 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND HD SUPPLY POWER SOLUTIONS (RFP # 5543) THIS CONTRACT is made and entered into this day of A.D., 2014, by and between HD Supply Power Solutions a corporation, whose address is 2800 Quail Run, Ste100, Corinth, TX 76208, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products in accordance with the City's RFP # 5543 Supply of Electric Utility Overhead Distribution Conductor, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A ") (b) City of Denton's RFP 5543 ( on file at the office of the Purchasing Agent) (c) City of Denton's Standard Terms and Conditions (Exhibit "B "); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C") (e) Supplier's Proposal. (Exhibit "D "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5543 EXHIBIT 4 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY M. RFP 5543 f.Y81UW91aR I981YA AUTHORIZED SI&NATURE Date: 715kao /el Name: I&ot�! Title: S IC7" c5-�,F5 A)V46 PHONE UMBER LY-G6}617- 9139 FAX NUMBER ^ CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date: EXHIBIT 4 Exhibit A Special Terms and Conditions The Quantities indicated on Exhibit D are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to dentonpurchasin�za ,cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the supplier's expense. Products that have been installed will be replaced at the supplier's expense. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De- escalation The City of Denton will implement an escalation /de- escalation metals price adjustment at time of order acceptance by the manufacturer using the prior month's metal average. The escalation /de- escalation will be based upon the following metal bases: Aluminum Base = LME with Midwest Adder Copper Base = COMEX The metal bases shown below were taken from April 2014 and will be used as the reference metal basis for the proposal evaluation and award: AL base at $.9583 per Pound CU base at $3.0724 per Pound The price of each product will be increased or decreased based upon the following metals adjustment formulas: EXHIBIT 4 AL Conductor or Cable priced per CWT: Unit price adjustment = ( %Aluminum content) x (Amount of increase or decrease of the Aluminum Metal Base / CWT) CU Conductor or Cable priced per CWT: Unit price adjustment = (% of Copper Content) x (Amount of increase or decrease of the Copper Metal Base / CWT) Should the change exceed or decrease a minimum threshold value of + / -1 %, then the stated eligible prices shall be adjusted in accordance with the unit price change adjustment derived from the above formulas. It is the Vendor's or the City's responsibility to request a price adjustment at the time of each order in writing. If no request is made prior to order acceptance by the manufacturer, then it will be assumed that the original proposed price will be in effect. The vendor must submit or make available the manufacturer's pricing sheet used to calculate the proposal which includes the percent of each type of metal in all products, to participate in the escalation /de- escalation clause. Should any manufacturer utilize their own proprietary or alternate metals index, any unit price adjustments requested will be verified by the City of Denton and if found valid then the adjustments will be pro -rated against the LME and COMEX metal bases described above. The City has created a spreadsheet based upon pricing and metal content. This spreadsheet will be used to determine cable pricing each month. Total Contract Amount The contract total shall not exceed $1,000,000. Pricing shall be per Exhibit D attached. Delivery Lead Time Product or services shall be delivered to the City per the days /weeks noted in Exhibit D after receipt of the order. EXHIBIT 4 Exhibit R City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts /Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be performed principally at the City's premises or on public rights -of -way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE /TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Supplier's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non - conforming deliverables. If the City has the right to inspect the Supplier's, or the Supplier's Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. EXHIBIT 4 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non - complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. 10. WORKFORCE A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (" IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Supplier shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Supplier's obligations under this paragraph. Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 etseq.). 12. INVOICES: A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation EXHIBIT 4 charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Supplier's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier's invoice. C. Invoices for labor shall include a copy of all time - sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Supplier to such extent as may be necessary on account of: i. delivery of defective or non - conforming deliverables by the Supplier; ii. third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or suppliers, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Supplier to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Supplier to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Supplier, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE -OUT: EXHIBIT 4 A. If a DBElMBElWBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is required to submit a Contract Close -Out MBElWBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Supplier is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Supplier as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books ", "records ", "documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Supplier identified Subcontractors in a DBElMBElWBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is required to indemnify the City. EXHIBIT 4 C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY- PRICE: A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Supplier warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Supplier, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand either repair the non - conforming deliverables, or replace the non - conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Supplier is unable or unwilling to repair or replace defective or non - conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Supplier is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Supplier shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Supplier shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. EXHIBIT 4 B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Supplier is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON - CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non - conforming deliverables, the City prefers to accept it, the City may do so. The Supplier shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non - conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non - conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Supplier. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Supplier, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Supplier's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplier from the City's vendor list for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Supplier shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and EXHIBIT 4 may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Supplier if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Supplier, the Supplier's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non - conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE SUPPLIER SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OFD INCIDENT TOE CONCERNING OR RESULTING FROM THE FAULT OF THE SUPPLIER, OR THE SUPPLIER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE SUPPLIER (INCLUDING, BUT NOT LIMITED TOE THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements. i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Supplier shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Supplier must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Supplier shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the EXHIBIT 4 subcontractors commencing work on the project. v. The Supplier's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Supplier. xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Supplier shall be responsible for premiums, deductibles and self- insured retentions, if any, stated in policies. All deductibles or self - insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Supplier shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Supplier. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Supplier which arises under or concerns the Contract, or which could have a material adverse affect on the Supplier's ability to perform thereunder, the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. EXHIBIT 4 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Supplier does not know of any valid basis for any such claims. The Supplier shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co- counsel on the City's behalf. Further, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Supplier. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know -how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information "). Supplier acknowledges and agrees that the Confidential Information is the valuable property of the City and /or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and /or its licensors. The Supplier (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their creation, such deliverables shall be considered as work made - for -hire by the Supplier for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made - for -hire, the Supplier hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Supplier agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made- for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. EXHIBIT 4 C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Supplier's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Supplier shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Supplier warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Supplier in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision - making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Supplier shall render the Contract voidable by the City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B). 44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. 45. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it EXHIBIT 4 being the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre - printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision - making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken EXHIBIT 4 provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub - awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT - SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty -free entry certificate is issued); or (2) For components manufactured by the Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or EXHIBIT 4 (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate ". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the supplier. 59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. httl2://www.access.� r)o.gov/davisbacon/tx.html 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W -2's to common law employees. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100 -690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug - free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable for all damages to government- owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any EXHIBIT 4 performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Supplier shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non - performance or delay in performance. 65. NON - WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Supplier shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Supplier shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. CITYFC"WXON RFP FOR SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR XM�MN ")(K _ ..... _.___.w. .......... . ....... .._ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local rovcrnincntal cntit This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. t. i ht ONLY This questionnaire is being fled in accordance with chapter 176 of the Local Government Code by a person Date ltc l'V`od who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a).�� rc� By law this questionnaire must be filed with the records administrator of the local government entity not fate]" than the 7th business day after the date the person becomes aware of facts that require the statement to b�,,/fled. See Section 176.006, Local Government Code, A person commits an offense if the person knowingly violates Section 176,006, Local (itw rnnYor%Code. An offense under this section is a Class C misdemeanor. t l Name of person who has a business relationship with local governmental entity. Check this box if you are riling an update to a previously filed questionnaire„.,,,, (The law requires that you file an updated completed questionnaire with the O'l i opri tti c tlt tl� it ei ity not later than the 7`h business day after the date the originally filed questionnaire becomes incomplete or inaccuratc.) �I 11 Name of local government officer with whom filer has an employment or b!11Pdne'q'q reiae iat� )tq Name of 0filelk This section, (item 3 including subparts A, B, C & D) must'be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local 9vernment Code. Attach additional pages to this Form CIQ as necessary, A. Is the local government officer named in this s tion receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? J" Yes No S. Is the filer of the questionnaire rpceiyt g or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in,tfis section AND the taxable income is not received from the local governmental entity? Yes / El No C. Is the filer of this questionitire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or } ector, or holds an ownership of 10 percent or more? Y No D. Describe each,ffillation or business relationship. Signature of person doing business with the governmental entity PAGE 46 OF RFP # 5543 Date EXHIBIT 4 RFP 5543- Contract Pricing Sheet for SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR Supplier HD Supply Principal Place of Business Corinth, TX Nehring, Nexans, Manufacturer Proposed Southwire EST. Estimated Item # COD Stock # ANNUAL UOM Product Description Unit Price Delivery ARO CITY (Days) Wire, 795 Bare Aluminum Conductor, Class AAC Code 1 280 -16 -120 30,000 name "Arbutus" on 5,000 ft. non - returnable reels $1.275 56 Wire, 556.5 Bare Aluminum Conductor, Class AAC, Code 2 280 -16 -700 50,000 name "Mistletoe" on 5,000 ft. non - returnable reels $0.896 70 Wire, 4/0 Bare Aluminum Conductor, Class AAC, Code 3 280 -16 -080 30,000 name "Oxlip" n 3,000 ft. non - returnable reels p" $0.344 70 Wire, 2/0 Bare Aluminum Conductor, Class AAC, Code 4 280 -16 -050 3,000 name "Aster" on 3,000 ft. non - returnable reels $0.245 56 Wire, 795 Bare Aluminum Conductor, Class ACSR, Code 5 N/A 5,000 name "Drake" on 5,000 ft. non - returnable reels $1.358 56 Wire, 4/0 Bare Aluminum Conductor, Class ACSR, Code 6 280 -16 -100 5,000 FT name "Penguin" on 5,000 ft. non - returnable reels $0.436 7 Wire, #2 Bare Aluminum Conductor, Class ACSR, Code 7 280 -16 -000 30,000 name "Sparate" on 5,000 ft. non - returnable reels $0.168 7 Wire, 4/0- 4/0- 4/0 -4/0 AL, 600V XLP, 19 Strand, ACSR, 8 280 -35 -140 2,000 Code name "Appaloosa" on 1,000 ft. reels $1.982 7 Wire, 4/0- 4/0 -4/0 AL, 600 XLP, 19 Strand, ACSR,Code 9 280 -35 -080 2,000 FT name "Zuzara" on 1,000 ft. reels $1.536 7 Wire, 2/0- 2/0- 2/0 -2/0 AL, 600V XLP, ACSR,Code name 10 280 -35 -120 3,000 FT "Grullo" on 1500 ft. reels $1.300 7 Wire, 2/0- 2/0 -2/0- AL, 600V XLP, 19 Strand, ACSR Code 11 280 -35 -060 6,000 FT name "Runcina" on 1,500 ft. reels) $1.013 7 Wire, #2- #- #2 - #2 - #2 AL, 600V XLP, 7 Strand, Code name 12 280 -35 -100 5,400 FT "Palomino" on 1800 ft. coils $0.810 7 Wire, #2 - #2 - #2 AL, 600V XLP, 7 Strand, Code name 13 280 -35 -020 30,000 FT "Conch" on 500 ft. coils $0.580 7 Wire, #4 - #4 AL, 600V XLP, 7 Strand, Code name "Terrier" 14 280 -35 -000 6,000 FT on 500 ft. coils $0.317 70 Wire, 1758.6 Bare Aluminum Conductor, Class 15 N/A 5,000 FT ACSS /TW, Code name "Pee Dee" on 5,000 standard returnable steel reels (SOUTHWIRE ONLY ) $3.200 112 16 28016160 200 SPOOL WIRE, CU #2 COPPER SD BARE, 7 Strand, 25# or 125' spool $101.575 7 17 28016500 10 SPOOL WIRE, AL #6 SOFT TIE, 25# spool $54.000 7 WIRE, CU #6 SOFT TIE SOLID, Soft Drawn, Bare Copper. 18 28016550 20 SPOOL 25# spool or 315' /spool $101.875 7 19 28016600 1 10 1 SPOOL WIRE, CU #6 HARD DRAWN, 25# spool $101.875 10 20 28040000 1 75 1 REEL IWIRE, GUY 3/8" GALV EHS, ASTM -A475, 250' coil $79.000 7 EXHIBIT 4 RFP 5543- Contract Pricing Sheet for SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR Supplier HD Supply Principal Place of Business Corinth, TX Nehring, Nexans, Manufacturer Proposed Southwire EST. Estimated Item # COD Stock # ANNUAL UOM Product Description Unit Price Delivery ARO CITY (Days) 21 28040005 5,000 FT WIRE, GUY 3/8" GALV EHS, ASTM -A475, 5000' PER REEL $0.350 28 23 28024345 3,000 FT WIRE, 500 CU BARE SOFT DRAWN, 500' reel $6.146 10 24 28016175 3,000 FT WIRE, CU 4/0 COPPER SD BARE, 7 strand, 3,000' per reel $2.611 10 EXHIBIT 4 SUPPLY. POWER SOLUTIONS 2800 Quali Run Dr, Ste. 100, Corinth, TX 76208 RFP #5543 — 5upply of Electric Utility Overhead Distribution Conductor Inside Sales Scott Price (940)270 -7243 david.price @hdsupply.com Outside Sales Jason Leake (940)765 -4255 aason.leake @hdsupply.com District Sales Manager Daniel Brown (806)549 -7681 daniel.brown@hdsupply.com EXHIBIT 4 • . SUPPLY POWER SOLUTIONS 2800 Quail Run Dr, Ste. 100, Corinth, TX 76208 To Whom It May Concern: HD Supply is glad to submit a bid in response to RFP #5543 — Supply of Electric Utility Overhead Distribution Conductor. Our experience in the utility distribution market dates all the way back to our company roots with Temple, Inc, which has operated as a full -line distributor in the State of Texas since 1953. We stock and supply overhead distribution cable, and have over 60 years of experience handling blankets and alliance agreements. We acknowledge the approved manufacturer list and agree to provide cable in compliance with the bid request. In addition to our vast experience, we feel that we would be an exceptional choice to serve as the City of Denton's cable distributor given our close proximity to the central warehouse. The contract will be handled out of our Corinth, TX facility, placing us just ten miles from the City of Denton warehouse location. We have employees on call at all times to respond in the event of emergencies, and have a commitment to ensuring that your needs are exceeded. We look forward to conducting business with the City of Denton for years to come. We Respectfully, Daniel Brotn District Sales Manager Office of the Secretary of State Certificate of Fact Nandita Berry Secretary of State The undersigned, as Secretary of State of Texas, does hereby certify that the document, Registration of Limited Partnership for HD Supply Power Solutions, Ltd. (file number 800429789), a FLORIDA, USA, Foreign Limited Partnership, was filed in this office on December 22, 2004. It is further certified that the entity status in Texas is in existence. In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on May 23, 2014. Nandita Berry Secretary of State Come visit us on the internet at http://www.sos.state.tx.us:l Phone: (512) 463 -5555 Fax: (512) 463 -5709 Dial: 7 -1 -1 for Relay Services Prepared by: SOS -WEB TID: 10264 Document: 546003720004 EXHIBIT 4 Cable . r Daniel Brown d» ? <e » <f +«a S »d« «< 2800 Quail Run . Corinth, <2 2620# I W- ties, aw Electric 66l Western Region ds « 2#}¥ M»=»± v y« d m» G §fry »« ? md t f y 2 ? +« >r» w d: C an 2 S% d »-¥ S>=c<6 Pa ner » for General Cable Utility Products in the 4llo «■W stern Region ®d»§>» Alaska Arizona California d +d«& Nevada Oklahoma ?:> «?2 Texas Utah 11-»1W m#« »<v»» k* w<<w» . : . .,a a S««yv? EMS= . � Dan .Smith 330 River Trail Place S»<w« <f 92071 tel +1 » a 2<t< gyms To Whom It May Concern: EXHIBIT 4 05 ':Ili c,WC W lEquipwnn d As the manufacturer's representative for Nehring Electric Works in the state of Texas, Utility Sales Agents of North Texas authorizes HD Supply in Corinth TX as a valued distributor for Nehring Electrical Works. HD Supply has complete authorization to promote and sell all Nehring products in Texas. Best Regards, Dave Lara USA of North TX Representing Nehring Electrical Works www,utilitysalesagentsocorn EXHIBIT 4 May 22, 2014 HD Supply Power Solutions 2880 Quail Run Drive, Ste. 100 Corinth, TX 76208 REF: Authorized Distributor s Sou This letter is written to confirm that HD Supply is an authorized distributor for Southwire for providing wire and cable products in Texas. Please let us know if additional information is required. EXHIBIT 4 ,a To Whom it may concern: HD Supply Utilities is an authorized distributor of Nexans Energy USA Inc. in the state of Texas. If you have any questions; please contact me at 905 -944 -4393 or barb.ara. h i n necke @ nexans.com . Sincerely; Barbara Hinnecke Sr. Marketing Analyst Nexans Energy USA Inc, 905- 944 -4393 Barbara.hinnecke@hexans.com Nay as1i1 irf era I1�, l ;I'i, ✓�� f �, MTdN RFP FOR SUPPLY OF ELECTRIC UITILITTY OVERHEAD DISTRIBUTION CONDUCTOR �KMNA)CX BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS 8. Fax: ' "" -7 7 9. Other Locations: � '" .� csmi / C5 > I ,0" Over °. 60441 " 10[aail Class:. Individual Corporation Association 11. Date Established: rm 12. Former Business Name:/ It are 13. Date of Dissolution: ., - b -A ?4 4 ,$ f 14. Subsidiary of: aM 15. Historically Underutilized Business: Yes oe "Nt b,— 16. Principals and Officers: Please detail responsibilities with the name of each principal or officer. PAGE 41 OF RFP # 5543 EXHIBIT 4 CITY OF DENTON RFP FOR SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR 17. Key Personnel and Responsibilities: Please detail responsibilities with the name of each key personnel. 18. Number of Personnel by Discipline: Discipline Number of Staff, D # Licensed or Certified 19. Services Provided by Contractor: a. Please provide a detailed listing of all services that your company provides. b. Please detail your prior experience working on similar projects with Texas governmental entities. c. Please detail your similar services provided over the past two (2) years. d. Detail documented proof of at least three (3) projects in the past two (2) years. e. Please detail these services, including, the nature of the services provided, the scope of the activities, the organizations for which the services were provided, the dates of the projects, and the documented benefit to the governmental entity. 20. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. v 21. Please provide at least (3) three references (preferably municipalities) and contract amounts. Include project description, contact names, position, and organization name and telephone number for each reference listed. See attachment F. 22. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. v 23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). 24. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Industry Standards" and /or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? Crlll;:li r v Slhi ,1 � ILi^ j) awe" /om.�asrc t'i,,se ar.�di. -m[b -ip ?? cic�c l 1, S I� P�l�t I :t) � , .rv���c _level =l &p keyvalue =1926 A/10 25. Resident/Non- Resident Bidder Determination: Texas Government Code Section 2252.002: Non - resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non - resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the PAGE 42 OF RFP # 5543 EXHIBIT 4 Services Provided by HD Supply (Response to 19 on Business Overview) HD Supply Power Solutions is a full -line electrical utilities stocking distributor, specializing in low, medium and high voltage equipment. HD Supply also offers turnkey automation solutions and employees two electrical engineers out of our Corinth, TX office. HD Supply has managed several annual blankets for the City of Denton in the past, to include fault indicators and Burndy splices and lugs. In addition to the City of Denton, HD Supply has handled similar annual blankets for City Public Service in San Antonio and Lubbock Power and Light in Lubbock. For those two cities we have managed numerous transformer, pole, wire, hardware and automation blankets and projects. We currently manage the following blankets and agreements„ CPS — Transformers and miscellaneous hardware items City of Lubbock —Steel poles, S &C Reclosers and metering equipment City of San Augustine — All automation and metering set needs on demand, with delivery within 48 hours CoSery Electric (co -op) — On -site alliance partner, provide all daily materials and special equipment Sharyland Utilities — On -site alliance partner, provide all daily materials and special equipment Lamar Electric - On -site alliance partner, provide all daily materials and special equipment Bird Electric (contractor) - On -site alliance partner, provide all daily materials and special equipment Centerpoint Energy — On -site alliance partner, sole- source distribution Oncor Energy — On -site alliance partner, manage materials and warehouse logistics City of Brownfield — Daily material bids and tool blankets Additional experience information and references are available upon request. *µms" (�)�" Daniel Brown District Sales Manager EXHIBIT 4 CITY OF DENTON RFP FOR SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR Texas resident would be required to underbid in the non - resident bidders' state. In order to make this determination, please provide the name address and phone number of: a. Proposing firms principle place of business: P t. , 101 " gf e� "' 1 9 A b. Company's majority owner principle place of business: Ultimate Parent Company's principle place of business: au W a � 6A _? 3 PAGE 43 OF RFP # 5543 EXHIBIT 4 Vendor Credit Reference Request Sheet HD Supply, Inc. is incorporated in the State of Florida. HD Supply Power Solutions, Ltd is a wholly owned subsidiary of HD Supply, Inc. located at 3100 Cumberland Blvd., Ste 1700, Atlanta, GA 30339. Primary Business: Electric Utilities Wholesale Federal ID: 26- 0100651 DUNS ID: 79- 204 -7750 Invoice Mailing Address: HD Supply Power Solutions, Ltd Attn: Accounts Payable PO Box 1959 Lake Dallas, TX 75065 -1959 General Contact Information: Telephone: (940) 270 -7200 Fax: (940) 270 -7250 Email: hdspowersolutionsAP @hdsupply.com www.hdsupply.com Shipping Address: Multiple Locations — See Ship to Information Referenced on Purchase Order Purchase order numbers are required on all vendor invoices. Trade References: Hubbell Power Systems 210 N. Allen Street Centralia, MO 65240 Ph: (803) 216 -2622 Fax: (573) 682 -8678 Terry Watson, Credit Contact Cooper Power Systems 1319 East Lincoln Avenue Waukesha, WI 53186 Ph: (262) 524 -3385 Fax: (770) 486 -4311 Financial Shared Services The Okonite Company Box 92548 Chicago, IL 60675 Ph: (201) 825 -0300 Fax: (201) 825 -1066 Nora Newton, Credit Contact Southwire Company Box 1000 Carrollton, GA 30119 Ph: (770) 832 -4031 Fax: (770) 832 -5790 Ken Sayers, Credit Contact HD Supply Power Solutions Division Officers: General Electric, ED &C 4601 Park Road Charlotte, NC 28290 Ph: (800) 332 -4399 Fax: (704) 561 -5846 Pierre Brown, Credit Contact Alcan Cable 3 Ravinia Drive, Ste 1600 Atlanta, GA 30346 Ph: (770) 394 -9886 Fax: (770) 604 -3087 Jenny Bredar, Credit Contact Rick McClure Chief Executive Officer Steve Margolius President Brian Crutchfield Vice President & Chief Financial Officer Darla Lentz Vice President — Information Technology Warwick Johnston Vice President— Sales & Business Development Geff Smith Vice President — Pricing Tim Mills Vice President — Sales, North Region John Tisera Vice President — Sales, East Region John Mark Vice President — Sales, South Region Anita Jackson Director of Credit & Collections & Accounts Receivable Shelley Pavero Director of Accounts Payable Further information needed may be obtained by contacting the Power Solutions Accounts Payable Department at the address or telephone number listed above. Thank you for your consideration and cooperation. Copyright 0 2013 HD Supply Page 1 of 1 Revised: 10/01/2013 EXHIBIT 4 CITY OF DENTON RFP FOR SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR IUMUMM PROPOSAL EXCEPTIONS Any exceptions taken to this RFP must be listed on the lines below. If there are no exceptions, please sign where indicated at the bottom of the page. Item # Description _._ . w,,. .__....... - - - - - -- M No Exceptions taken to this RFP. 11h Sd ? __ — onnpan..y .. .. m _ . ............... ........ Date Signature Company Date PAGE 44 OF RFP # 5543 CITY %MTON RFP FOR SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR KMVEKWxX REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this proposal. REFERENCE ONE a GOVERNMENT/COMPANY NAME: "; O CA ON��... CONTACT PERSON AND TITLE TELEPHONE NIJMBER:_ SCOPE OF WORK:....." . "��a�,.r ....... _ w CONTRACT PERIOD:!.. REFERENCE TWO GOVERNMENT /COMPANY NAME: _ Ze�_,,,,, LOCATION: CONTACT PERSON AND TITLE:. TELEPHONE NUMBER SCOPE OF WORK:.... m e � � ... m u -e CONTRACT PERIOD: REFERENCE THREE GOVERNMENT /COMPANY NAME: � � .Ville ( LOCATION: CONTACT PERSON AND TIT ..... TELEPHONE NUMBER : SCOPE OF WORK ' m � eil CONTRACT PERIOD: � PAGE 45 OF RFP # 5543 CITYFJfHMWGtN RFP FOR SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR X"KVM1M DISADVANTAGED BUSINESS UTILIZATION The City of Denton will ensure that purchases of equipment, materials, supplies, and /or services cotn]?l " with Texas Local Government Code 252.0215, in regards to competitive requirements in relatior:14o Disadvantaged Business Enterprises (DBE). The City will ensure that all procurement opportunit, ' are cost effective, and contributable to the competitiveness of the City, and its customers. All 1)r oc,114�eIncilt. activities will be conducted in an open and fair manner with equal opportunity provided for 1I` qualified parties. The City of Denton will provide equal contracting opportunities as provided ,by State and Federal law to small business enterprises, Historically Underutilized Businesses, <l 'lid Disadvantaged Business Enterprises. The City of Denton encourages all awarded Contractors to :ie' k, qualification as a DBE and /or utilize DBE's as sub - contractors, where feasible, to meet tl"e"" overall intent of the legislation.° Disadvantaged Business Enterprises (DBE) : are encouraged to procurement process. The Purchasing Department will provide add assistance with Proposal Forms, and further explanation of pa oc tir, request it. Representatives from DBE companies should identiv' t of the Certification. The City recognizes the c• rtificatiolis o Procurement Commission HUB Program. All companies se certification are urged to contact. State of Texas HUB Program — TPASS Divisi PO Box 13047, Austin, TX 78711 -3047 (512) 463 -5872 or (888) 863 -5881 or I�ttl�a�wv�i�rcc�w.tt�.t� xylicipatc in the City of Denton's o' tial clarification of specifications, tent pr opr diires to those DBEs who �sl as such and submit a copy a Mate of Texas Building and information concerning DBE �V� 11� Instructions: If your company is already ,rtil icc , attach a copy of your certification to this form and return with the submission. If your comp Wny is not already certified, and could be considered as meeting certification requirements, please use �bre web link to obtain such. If you are submitting a response and plan to utilize DBE's, then use theo;riii below to identify the business and include the business HUB certification. 1 COMPANY NAME: I IN a) Will- 010 W.1741 LTA 11 ADDRESS: --- ,' CITY, STATE, ZIP': I "E 1 E1Pl -10 Indicate O. FAX NO. that apply: Minority -Owned Business Enterprise Women -Owned Business Enterprise Disadvantaged Business Enterprise PAGE 47 OF RFP # 5543 CITY OF DENTON RFP FOR SUPPLY OF ELECTRIC UTILITY OVERHEAD DISTRIBUTION CONDUCTOR ANi 71"6041 1 1 THE STATE OF TEXAS COUNTY OF DENTON The undersigned agrees this RFP becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a proposal. The undersigned agrees, if this proposal is accepted, to furnish any and all items /services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Proposal will be ninety (90) calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this RFP have not been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of this bid. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.0 1, et se . The undersigned affirms that they have read and do understand the specifications and any attachments contained in this RFP package. The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the electronic copy of the specifications and /or pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: http:// www.cityofdenton.com /index.aspx ?page =397 to ensure they have downloaded and signed all addendum(s) required for submission with their proposal. Should a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this RFP shall prevail. I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this proposal will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected, NAME AND ADDRESS OF COMPANY: Tel. No. �` w...' Zoo Email. 61arl4l. PAGE 50 OF RFP # 5543 N IN A1JI'II0'1 1ZE ''.EI IIP -4 °�1'ATIVE: Signature...... Date Name ��.. Title FaxNo.� ......... ........... ............. ................ ....... A_..m�m. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0385, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of concrete light poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5552- awarded to Techline, Inc. in the three (3) year not -to- exceed amount of $684,675). RFP INFORMATION This RFP is for the annual contract to supply Concrete Street Light Poles used by Denton Municipal Electric (DME). This proposal includes smooth white concrete poles and arms, as well as concrete aggregate decorative poles. The poles are used at various locations throughout the City in place of wood poles. The decorative concrete poles that DME utilizes are a San Jacinto Brown color and constructed from exposed aggregate concrete. Victorian style post -top streetlight fixtures are set on top of the decorative concrete poles. Decorative concrete poles are utilized by DME in new residential subdivisions and in non - thoroughfare areas. Concrete streetlight poles do not require painting, will not rust, are impervious to sunlight, chemicals, insects and animals, and they do not require ground -line treatments. The concrete streetlight poles are designed to set directly in the ground the same as wood poles. The items are stocked by the Distribution Center and used as needed. Purchases for the City's Distribution Center do not go the Public Utilities Board for recommendation even though the items may be used by a City utility. Requests for Proposals were sent to 179 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. One (1) proposal was received (Exhibit 1- Evaluation Sheet). As part of the Best and Final Offer (BAFO) that was conducted, DME staff increased the estimated quantity for each line item. There was no change in the pricing submitted by Techline, Inc. but the total estimated annual dollar amount increased from $34,000 to $228,225 as a result of the estimated quantity increase (Exhibit 2 -BAFO and Evaluation Scoring). The proposals were evaluated based upon published criteria including performance, delivery, acceptance of standard terms and conditions, and price. Based upon this evaluation, Techline, Inc. meets all requirements and is determined to be the best value for the City. RECOMMENDATION Approve a contract with Techline, Inc. for Concrete Street Light Poles in a three (3) year not -to- exceed amount City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0385, Version: 1 of $684,675. PRINCIPAL PLACE OF BUSINESS Techline, Inc. Ft. Worth, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The items in this RFP will be funded out of the Distribution Center Working Capital account and charged back to the using department. EXHIBITS Exhibit l: Ranking Sheet Exhibit 2: Evaluation Sheet Exhibit 3: Ordinance Exhibit 4: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Elton Brock at 349 -7133. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl N W J O a x C7 J W W N LL O J a a D N L O O m 3 m LI W i N M M M V C S d i O V LL z O H Q Z_ F- CO W 0 m O LL y u 0 N 0 O O o O 0 aL v m n N v m O O E r a m id O v c o Q m X W w n n . n V V U °o vi � °o o °o vi � a` N N Ln 0 7 rx tiO c4 0 �N rx ti°o C M ¢ o ¢ a N ¢ ¢ y 0 U w � 0 o U � o F- w ti d v F -o x � a ob c4 cx7 a o vpi O � w a 0 a � 0 W a H 0 r. • � M � V cv cv cv 0 0 V O Q W Q W Q W D Q 7 Z Ln Ln Ln Q p' N N N E d FT N M v D In 0 N 0 O 0 ti 0 O � Q E r F 0 3 � o Q w ° - o - o V U F N N N Ln 0 s;uiOd algissOd k x \ � R LL w 2 � \ a z « � in 2 O Q � Q w \ E / § ~ ) e a G Lu � e \ Ln \ \ k § C f=oa= G±§ k \\ \o\ � - � /) to % % / }\ \\\ \7 \ \\ } o= \/0 .` gzl [) §$f \� e\ § ) { \ \ \ § u 0 5 ± ± � ZLn Z S § o 2 � 2 \ a z « � in 2 O Q � Q w r o � }§z / S ) [ (§ ( S 5 & y \ nuPdemis o r o � }§z / S ) [ (§ ( S 5 & y \ nuPdemis o EXHIBIT 3 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE SUPPLY OF CONCRETE LIGHT POLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5552- AWARDED TO TECHLINE, INC. IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $684,675). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of concrete light poles for the City of Denton in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5552 Techline, Inc. $684,675 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the EXHIBIT 3 Proposal and related documents herein approved and accepted. 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 File 5552 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 4 For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: RT4191 W OLO) - 0 - Supplier shall provide products in accordance with the City's RFP #5552 SUPPLY OF CONCRETE STREET LIGHT POLES, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A") (b) City of Denton's R-FP 5552 (Exhibit "B" on file at the office of the Purchasing Agent) (c) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C"). (d) Supplier's Proposal. (Exhibit "D"); EXHIBIT 4 OT ATTEST: JENNIFER WALTERS, CITY SECRETARY Im F-1 a ► K Fill 011 ff ♦ .,v till tit] sloWwo 11 owffliolls K-9) N LIM I'm I PHONE NUMBER FAX NUMBER BY: GEORGE C. CAMPBELL, CITY MANAGER rolml- EXHIBIT 4 Exhibit A The Ouantities indicated on Exhibit D are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. U20= EXHIBIT 4 to Contract Amount I IM U= Product or services shall be delivered to the City per the days/weeks noted in Exhibit D after receipt of the order. EXHIBIT 4 City of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders issued • the City of Denton hereinafter referred to as the City • Buyer and the Seller herein after referred tsis U1 •-0 ' A Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, • 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to f!,,urchase Services to be performed principally at the City's premises or on public rights-of-way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract trid all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. SUPPLIER TO PACK-AGE DELIVERABLES: The Supplier will package deliverables in accordance with good commercial yractice and shall include ... list showing the descrivtion of each itein.- the �uantil�,, and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shiill be clearlp and %errnanent]VA marked as follows: #RLThe Sum dier's narne and addressjb'r, the Ciiia's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirernents of cornmon carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. I,. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the feliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City i--ctually receives and accepts the deliverables. the Sup• lier's price shall be de to include all delivery and transportation charges. The City shall have the right • designate what rnethod of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Supplier's, or the Supplier's EXHIBIT 4 Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City ► facilitate such inspection. IMTJ .: very Tenuer or with all provisions of the Contract as to tirne of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affec) f�erformance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City harmless from and against any liability or clairn for darnages of any kind or nature if the actual site or service conditions differ from expected conditions. 11. COMPLIATICE 'N'ITA AEALTA, SAFETT, AI'MYEM ► it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and lo health, safety, and environmental laws, ordinances, rules and regulations in the performance of the servic including but not limited to those promulgated by the City and by the Occupational Safety and Heal Administration (OSHA). In case of conflict, the niost stringent safety requirement shall govern. The Supplier sh indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fin tenalties and liability of every kind arising frorn the breach ► the Supplier's obligations under this paragraph. Environmental Protection: The sui-05slier shall be in comlodiance with all aig%licable standards. orders, o rqlulatiol issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 ef seq.) and the Federal Water Polluti Control A amended, (33 U.S.C. §1251 ef seq.). NO EXHIBIT 4 B. Proper Invoices must include aunique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, obuD be attached to the invoice. The Supplier's name, remittance address and, if applicable, the tux identification number on the invoice must exactly mmrob the information in the Vendor's registration with the City. Dn|oou otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier's invoice. C. Invoices for labor shall buo|udu uoopy of all thoo-abooN with trade labor rate and dolivcro6|oa order number clearly identified. Invoices obuU also include a tuhu|u1ioo of work-hours at the appropriate nuea and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized iu the Contract, the Supplier shall pass through all Subcontract and other authorized expenses a1 actual cost without markup. B. Podma\ excise taxes, State taxes, or City sales taxes must not bc included in the iovnicudamuuro. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent toAccounts Payable. Approved invoices will be paid within thirty (30) oaJuodur days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever iolater. B.lypayment is not timely made, (per paragraph A); interest shall accrue no the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (l0) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Supplier tu such extent aa may ho necessary on account of: i. delivery of defective orunn-coofonniug deliverables hy the Supplier; ii. third party claims, which are not covered bythe insurance which the Supplier iarequired to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or suppliers, which is not covered by insurance required 1ohoprovided by the Supplier; v. reasonable evidence that the Supplier's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Supplier to submit proper invoices with puzcbuuo order number, with all required attachments and supporting documentation; or vii. failure of the Supplier to comply with any material provision of the Contract Documents. 8. Notice io hereby given that any awarded fionwho ioio arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. P. Payment will bu made hy check unless the parties mutually agree to payment hy credit card nr electronic transfer of funds. The Supplier ago:oa that 1hcco ubuU be no additional charges, surcharges, or poouhiuu to the City for payments made hy credit card or electronic funds transfer. G. The awarding or continuation ofthis contract ia dependent upon the availability of funding. The City's payment obligations are puyuh|c only and solely from funds Appropriated and ovuiloh|c for this contract. The uboonuc of Appropriated or other |uvfo||y available funds abaU render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall ho returned tothe Supplier. The City shall provide the Supplier written notice of the failure of the City to make uu adequate Appropriation for any fioou|year to pay the mnounta duo under the Contract, or the reduction of any Appropriation to an amount insufficient nopermit the City to pay its obligations under the CootrucL In the event of none or inadequate appropriation of funds, there will hnuu penalty nor removal fees charged tn the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid 100��� EXHIBIT 4 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is re"ired to submit a Contract Close-Out MBE/WBE Comi%,liance Rexort to the _Purchasin�� Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Supplier is not in compliance with the requirements as accepted by the City. 11t. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except clairns (1) which have been previously asserted in writing and not yet settled, (2) arising froin defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Sti-oalier's contina "n obliIiations under the Contract includin:u but not limited to indernni and warrant *,bligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the City other than those previously asserted in writing and not yet settled. 11=1 WDINVA Millie] Rwl�lm N W110001"W041 k I mill am V mumm tug identified by the Supplier as such. 190 EXHIBIT 4 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverabl,m furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests a encumbrances. The Supplier shall indemnify and hold the City harmless froin and against all adverse title claims the deliverables. I 22. WARRANTY — SERVICES: The Supplier warrants and represents that all uurvocu to be provided the City under the Contract will be fully and timely performed in u good and workmanlike mooucr in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all ON��� EXHIBIT 4 accept it, the City may do so. The Supplier shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the Cminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such 7,mount will be refunded to the City by the Supplier. this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an ii-m-nediate Stop Work Notice in the event the Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is deten-nined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of perforinance under Paragraph 24, (c) becornes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the SupWier. within such ten (10��yeriod- cures such default. or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other rernedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and exrienses. incurred bp the Citp as a result of the Sumlier's default, inclu i ... without limitation. cost of cover. reasonable attorneys' fees, court costs, and prejudgment and post-judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplier from the City's vendor lisf- for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and rernedies under the Contract are cumulative and are not exclusive of an% other right or remedv Drovided b% law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole min part, without cause anyhme upon thirty (30) calendar days' prior written notice. Upon receipt ofanotice of termination, the Supplier shall promptly ccouc all further work pursuant 1othe Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or otherwise |cgo||y available for such purposes, for all goods delivered and umrvlccu performed and obligations incurred prior to the date of termination in accordance with the terms hereof. EXHIBIT 4 31,10111110411WAl P.M.311sloilms TIMORM IM I I SM-1 toll I I is IS Lei a logn 011111 lint I LO)OKS1 M I or-IMO) I I 10141 a to] agg I I WJRWA I I I EXHIBIT 4 City of Denton lq , 90 1 B Texas Street Denton, EXHIBIT 4 City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. AIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by tM Supplier to the City shall become property ♦ the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the d liver I un rg-u-,Iflul Oil FIVIIals) dFISH 4 9 0 HE M11"W111 any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. In the event of act as co-counsel on the City's behalf. Further, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Supplier. IND EXHIBIT 4 NOl."�i�►J EXHIBIT 4 shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No clairn or ri, ht arisin- out of a breach of the Contract can be dischar - ed in whole ordaAail]2" waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a perniarient waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. ,Q. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. trade shall be relevant to supplernent or explain any terin used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for dama-es, However this section does not prohibit the filinu� of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between agreed by the parties. Each party shall include, at a minirnum, one (1) senior level individual with decision-i-naking authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to inediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the disrtrute. Should thep choose this o%stion, the CAMA and the Sui 0 1 r a ood faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties frorn relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the inediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in inediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the [carties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize tcT represent them or otherwise assist thern in the mediation. F 0*9411 s Mae ef- jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to firnit or restrict the right or ability of the City to seek and secure injunctive relief frorn any competent authority as conternplated herein. 51. INVALIDITY: The invuidby, illegality, or unnufoxoeuhi|ityof any provision ofthe Conti-act ohnU in no way affect the validity orenforceability of any other portion or provision of the Contract. Any void provision abuU be EXHIBIT 4 Uq. "Irt ul"It" III I- P1171071MVIJI Mill UP WC T'9)1(t. I IIC ?�UILIC�o IUILIICI d;ICC; U9=111PPRO, W'' replace s provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 111111111, 11 lil 1111 i]P11W9Wi 111111111,111111 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 arn and 4:00 pin, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance noi within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations (a the parties, including but not limited to the warranty, indernnity, and confidentiality obligations of the parties, sh survive the expiration or termination of the Contract. i Noukum EXHIBIT 4 • 01113[orgatoldrafflo I I111141r.AJ $1014111618 NEI frar,1111 ivery o products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. Oil so f 9 EXHIBIT 4 P of any such darnage within one (1) calendar day. NEW, W. # I ME C 1114 3CU 1, tnew.j.ppilef Ynu #7L Mulse-7 dfly"YLUL1101 PCJ 1*FJ11d11UC -f LHIS 1101 requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recornmence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City ► Denton Procurement Manager by telephone (to be confirined in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. EXHIBIT 4 EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ or ven or or of er :son doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a USE ONLY person who has a business relationship as defined b Section 176.001 1 a with a local Rate p p y ( -) governmental Received entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1-Tµµµµµ Name of person who has a business relationship with local governmental entity. tt ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? [7 Yes 1::1 go B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? I.... .11 Yes 6 I C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes I._ No D. Describe each affiliation or business relationship. EXHIBIT 4 entity gr p .. — ... �� rue�� ... � l Date .... .. � ure �� person ��rriM� Na�as�ness aiN� RNrie r�a7�vernn��.n4� . ....... _.... .. x, City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1 ON File #: ID 14 -0386, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of three (3) Dodge 5500 trucks for the City of Denton Traffic Control and Fire Departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 5569- awarded to the lowest responsible bidder meeting specification, Dallas Dodge, in the amount of $208,706.32). FILE INFORMATION This item is for the purchase of two (2) trucks for the Fire Department and one (1) truck for the Traffic Control Department. The trucks are replacements for older models that have met the Fleet Department's replacement criteria regarding age, maintenance cost, miles accumulated, or a combination thereof. All of the trucks have been approved in the Fiscal Year 2013 -2014 Budget. The vehicles being replaced will be sold at auction once the new vehicle is received. Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper, posted on the internet, and emailed to four (4) prospective bidders including one (1) local vendor. One bid meeting specification was received (Exhibit 1 -Bid Tab). The local vendor declined to submit a bid for these particular trucks. RECOMMENDATION Award the purchase of three (3) Dodge 5500 trucks to Dallas Dodge in the amount of $208,706.32. PRINCIPAL PLACE OF BUSINESS Dallas Dodge Dallas, TX ESTIMATED SCHEDULE OF PROJECT The delivery of the trucks will occur within 120 days of purchase order issuance. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0386, Version: 1 FISCAL INFORMATION This item will be funded from Certificate of Obligation accounts: Fire Department 810183408.1355.30100 - $90,866.64 810183408.1355.30100 - $53,708.98 $144,575.62 Traffic Control 810169408.1355.30100 - $64,130.70 Requisition 4119926 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Exhibit 2: Ordinance Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Terry Kader at 349 -8729. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl IFB # 5569 DATE: 6/24/14 Description: DODGE HEAVY DUTY VEHICLES EXHIBIT 1 Respondent's Name: Dallas Dodge Required Additional Services: Principle Place of Business: Texas Submitted Pricing includes FOB Destination to City of Denton Fleet Department. Otherwise, include delivery price for FOB Destination, freight prepaid and invoiced on Line Item 910. Tine Estimate of Additional Price Optional Extended Warranty Additional Total ARO Days 4 of DE,SCRIP'TION (QTY Unit Price submission. Respondent shall indicate "included ", as "yes ", and if no, 1 days until Item respondent shall include a price for the service. If no price is Services Pricing Cosh delivery in Unit Dodge 5500 regular cab,84" cab to axle, 2 wheel drive, dual rear wheel, white, diesel, submitted, or the service is not included with the Unit Cost, the City's Estimate of for Service Cost / to include air conditioning, automatic transmission, power steering, power windows, Service Insert - 1 power door locks, tilt wheel and am -fm radio, remote keyless entry, 3rd set of keys. 1 $64,130.70 $0.00 INCL 110 -150 1 Include Knapehide quote KB745 for $21,230.70 TC1473 $0.00 No 5 Courtesy Exterior Car Wash Every Visit of Purchased Vehicle 1 $84.00 Dodge 5500 crew cab,60" cab to axle, 4 wheel drive, dual rear wheel, white, diesel, to No 6 Planned Maintenance Programs for Purchased Vehicles 1 $0.00 $0.00 include air conditioning, automatic transmission, power steering, power windows, 7 Scheduled Maintenance for 3 Years or 36,000 Miles 1 $420.00 $0.00 2 power door locks, tilt wheel and am -fm radio, remote keyless entry, 3rd set of keys. 1 $90,866.64 $0.00 INCL 110 -150 9 Include Wildfire new body quote $45,105.64 FD1467 1 $600.00 $0.00 No 10 IDelivery charge on New Vehicle Purchased Dodge 5500 crew cab,60" cab to axle, 4 wheel drive, dual rear wheel, white, diesel, to $60.00 $0.00 No Total Additional Services Pricing for Each Vehicle $0.00 include air conditioning, automatic transmission, power steering, power windows, 3 power door locks, tilt wheel and am -fm radio, remote keyless entry, 3rd set of keys. 1 $53,708.98 $0.00 INCL 120 -150 Include Wildfire new body quote $7,647.98 FD1468 Total for Vehicles /Equipment $208,706.32 $0.00 $0.00 Repair and Parts Discounts Required Additional Services: City's IPerce nta e Discount for Body Repairs 1 The following services are required for acceptance of a bid 15 Estimate of Additional Price Optional Extended Warranty N/A Service for Service Included submission. Respondent shall indicate "included ", as "yes ", and if no, 1 $5,000.00 $5,600.00 respondent shall include a price for the service. If no price is City's Additional Price in Unit submitted, or the service is not included with the Unit Cost, the City's Estimate of for Service Cost / estimated cost of service value, during ownership, shall be utilized for Service Insert - evaluation purposes. Value Yes or No 4 Comparable Medium Duty Loaner Vehicles issued for Warranty Repairs 1 $540.00 $0.00 No 5 Courtesy Exterior Car Wash Every Visit of Purchased Vehicle 1 $84.00 $0.00 No 6 Planned Maintenance Programs for Purchased Vehicles 1 $0.00 $0.00 No 7 Scheduled Maintenance for 3 Years or 36,000 Miles 1 $420.00 $0.00 1 No 8 Pickup and Delivery for repairs within a radious of 10 miles from Denton, Texas 1 1 1 $180.00 $0.00 No 9 lMuhi Point Inspection and Condition Report with Every Visit 1 $600.00 $0.00 No 10 IDelivery charge on New Vehicle Purchased 1 $60.00 $0.00 No Total Additional Services Pricing for Each Vehicle $0.00 Repair and Parts Discounts IDiscount % City's IPerce nta e Discount for Body Repairs 1 1 0.00% 15 Estimate of Additional Price Optional Extended Warranty N/A Service for Service Value 13 Extended Warranty for full 5 years /100,000 miles 1 $5,000.00 $5,600.00 Repair and Parts Discounts IDiscount % 14 IPerce nta e Discount for Body Repairs 1 1 0.00% 15 IParts and Service Discounts for non - warranty maintenance and repairs 1 1 0.00% Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is paid within the time period indicated below. Invoice Paid in 20 days N/A 0.00% Invoice Paid in 15 days N/A 0.00% Invoice Paid in 10 days N/A 0.00% EXHIBIT 2 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF THREE (3) DODGE 5500 TRUCKS FOR THE CITY OF DENTON TRAFFIC CONTROL AND FIRE DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5569- AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, DALLAS DODGE, IN THE AMOUNT OF $208,706.32). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the 'Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NITMBFR VFNDOR AMOUNT 5569 Dallas Dodge $208,706.32 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. EXHIBIT 2 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 File 5569 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0387, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for electric transmission line compression fittings for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5582- awarded to Techline, Inc. in the three (3) year not -to- exceed amount of $410,000). The Public Utilities Board recommends approval (6 -0). RFP INFORMATION Denton Municipal Electric (DME) has transmission line projects approved in its five (5) year Capital Improvement Plan (CIP) that will require installation of compression fittings to make construction of transmission lines possible. The CIP projects include 7.4 miles of two (2) City Council approved DME routes (Purple and Yellow), reconstruction of 4.9 miles of a Texas Municipal Power Agency line and approximately 17.3 miles of additional projects that are in the planning stages. There are 13 different catalog items being purchased as a part of this RFP. Compression fittings are necessary for assembling the transmission lines to attach conductors to each other or to other equipment. Requests for Proposals were sent to 225 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) proposals were received (Exhibit 2- Pricing Sheet). The proposals were evaluated based upon published criteria including performance, delivery, acceptance of standard terms and conditions, and price. Based upon this evaluation, Techline, Inc. was ranked the highest and determined to be the best value for the City (Exhibit 1- Ranking Sheet). PRIOR ACTION /REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 28, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award a contract for electric transmission line compression fittings for Denton Municipal Electric to Techline, Inc. in the three (3) year not -to- exceed amount of $410,000. This amount includes a contingency for unforeseen maintenance /repairs. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0387, Version: 1 PRINCIPAL PLACE OF BUSINESS Techline, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The costs for material purchased under the proposed agreement will be funded out of amounts budgeted for specific projects. The work proposed will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission Transmission Cost of Service Program (TCOS). EXHIBITS Exhibit l: Evaluation /Ranking Sheet Exhibit 2: Pricing Sheet Exhibit 3: Public Utilities Board Minutes Exhibit 4: Ordinance Exhibit 5: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Phil Williams at 349 -8487. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl N �Q LL C O N L Q E O H � M� J W •N L U 'i U _w W L t N �Q Y fC N 00 LA LA CL LL cc 41 C N � C V O 7 Q m N 0 Of N U (6 d (6 _Q U C d b9 CC d V O i. O y O U 3 3 O x. A bA i. ai � O 00 n N � X H � L O c I O N 00 s N U L vj GD 41 M \p L- >O -- > 7 4-; O L N LL b9 N N r J X C H '� — O L N M 0_ N C L O i U N L O N +' Q 4J m L.L 41 C N � C V O 7 Q m N 0 Of N U (6 d (6 _Q U C d b9 CC d V O i. O y O U 3 3 O x. A bA i. ai � 00 n N Ln C1 O c I O N 00 O l0 00 Ql N U C m C O L N U N Q N s i••� O L 3 0_ N U O i C •� N L O Q 4J m O O U 'U o_ O H O c-I O N O c-I O l0 C 0 r-I En N � �xy LL W N G1 Q E O U' W J H ca H V �i V G1 W 0 a a� t 0 3 N co Ln LA CL LL N C 3 U N_ 0 G d H c a T 16 a v a s x x x w v o0 00 00 00 00 00 00 00 0 0 0 0 0 o O O O O O O o p O oc CD cV 00 ,� cV �O 00 l� cV rn M M iW Vl N �--i �--i 00 � L f0 + � W 7 � FA FA FA FA FA FA FA FA FA FA FA FA FA 69 � O O O 17� O �O O l- O O 00 O llO O 17� O N O O� O 00 O llO O llO V M M W IO O l7t O r-- M O 00 C� N 1 rn r I W ° a 0 0 0 0 CD o O oc N O N M O N O O N U X V 00 M M l� M W M U1 i W 00 t > w U X W ~ LPL FA FA FA FA FA FA FA FA FA FA FA FA FA 69 o0 l(1 l(1 00 l(1 W N N Vl W M 2 oc C� �o c vii � � � N CL m v T T 3 a � � U .s. i7- Ci ci x U U N ° Q C5 x x v b N a U U x U U o 0 0 w o w w w w w w w w w w w w w J V) = F LU Z c O O M O M N --i O W N W M O Q d N C 3 U N_ 0 G d H c a T 16 a EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD July 28, 2014 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, July 28, 2014 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, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 5. Consider recommending approval of a contract with Techline, Inc. for the purchase of Supply of Transmission Line Compression Fittings in an amount not to exceed $410,000.00. (RFP 45582). Motion was made to approve item 5 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment — 10:40am EXHIBIT 4 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR ELECTRIC TRANSMISSION LINE COMPRESSION FITTINGS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5582- AWARDED TO TECHLINE, INC. IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $410,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of transmission line compression fittings for the City of Denton in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5582 Techline, Inc. $410,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. EXHIBIT 4 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 File 5582 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 5 1 .. 1 (RFP 5582) THIS CONTRACT is made and entered into this _ _ day of A.D., 2014, by and between Techline, Inc a corporation, whose address is 5401 Martin Street, Ft. Worth. TX "76.119, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: Supplier shall provide products in accordance with the City's RFP # 5582 Supply o Electric Utility Transmission Line Compression Fittings, a copy of which is on file at the office of Purchasing Agent and incorporated herein . The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit 66 ti A 99) (b) City of Denton's RFP 5582 (on file at the office of the Purchasing Agent) (c) Standard Terms and Conditions (Exhibit 6B ") (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C "). (e) Supplier's Proposal. (Exhibit "D "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5582 EXHIBIT 5 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1:1513 RFP 5582 SUPPLIER BY: AUTHORIZED SIGNATURE Date: s , -.2-011+ Name: Title: . . ............. . PHONE NUMBER qgl I .- �6t - Cllo;L FAX NUMBER CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date: EXHIBIT 5 Exhibit A Special Terms and Conditions The Quantities indicated on Exhibit D are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Product Changes During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to dentonnurcllasing (bccityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the supplier's expense. Products that have been installed will be replaced at the supplier's expense. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De- escalation Prices quoted for the commodities must be firm for a period of one year from date of contract award. Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for other electrical equipment manufacturing (PCU33593359). The price will be increased or decreased based upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of + / -I %, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 8% limit per year. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. RFP 5582 EXHIBIT 5 I City of Denton Standard Purchase Terms and Conditioi These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Swilier. An; deviations must be in writini and sianed bi a reiresentative of the Citv's Hellt -WePUR111CHL Wit L11C NTypMr. 19; 1 CJIIJ�i d1lit 1—(11111ULF91116 CIFIRU111CU III UIC 3L?P1=1- S rroposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be performed principally at the City's prernises or on public rights-of-way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Sumlier's Offer in strict accordance with the terms, covenants,. and 4nd all applicable Federal, State, and local laws, rules, and regulations. EXHIBIT 5 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. RMIS1161% EXHIBIT 5 1111111111111 ligill III UVOR".1 EXHIBIT 5 A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is PJJ-%Cl Uirk�V11LIaUL.fillal #1(V%11j1jdj UC, if the Supplier is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier's continuing obligations under the Contract- includillb but not limited to indemnitri and warrz"qr obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such s� _e.A-ui%ment and an r identified by the Supplier as such. 17. �%]-GAT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract A and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of I% or greater. If an overpayment of I % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18.SUBCONTRACTORS: A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accested hki the City . . . . . . . j in writi . No accettance any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional XaAm-eja damages or with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is required to indemnify the City. EXHIBIT 5 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Supplier may not limit. exclude or disclaim the fore e .. p law_anA6i1r attempt to do so shall be without force or effect. EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 MWORM EXHIBIT 5 ifla J EXHIBIT 5 I.Sol.Y.�.I► EXHIBIT 5 being the intention of the parties that there are no third party beneficiaries to the Contract 4 waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract. or an exi �re ss om)tled ae�tance x , i m- i � Af? a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 4 The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No trade shall be relevant to suQQ1s,,rteit or fte WivIl4ri. Cgo-111'ract. vol) ave he.-L—i substantially drafted by one party, it is the intent ot the parties that all provisions be construed in a manner to be fair to both p.. arties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 102 EXHIBIT 5 provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. M+A-SUSPENSION OR DEBARMENT CERTIFICATION: The Citil of Denton is 1,!-ohibited fi-om contractinai with or makinM%xime or sub-awards to Icarties that are sus( '-c e n d,44 or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procuremen r , rams. the State of Texas,. or the-Mly of Dento-t.. EXHIBIT 5 101 J.7i�:►l EXHIBIT 5 l EXHIBIT 5 Exhibit C ,VM;))&MWF;#M-CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ Check this box If you are filing an update to at previously flied questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 "' business day after the date the origqwill�, filed Ng w�,i Mctrva0ry becomes or f rt v m,,iivj Name of local government officer with whom filer has an employment or business relationship. Nance of Officer This section, (item 3 including subparts A. B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176,001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 99 �.........�.� Yes 1.T..- .... No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? El Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? El Yes EJ No D. Describe each affiliation or business relationship. Signature of person doing business with the governmental Date onoly IN ■ CA NO LL Lol Ln w CL E 0 C 0 IA (A E IA C m dG CL 4-0 U 0 00 LA Ln m C 0 V 0 0. ro ro as 0 any s. �o � � � � N r14 to C14 ca ca as 04 LU C--> 00 C) r4 C14 CD C) N. kn — 00 u u 7r r- 0 V) 04 -0 I COO U C1 00 o C-4 rte, r V1 N wl cq V) u V) u en 00 00 Ot Q) to n Ca, 7:1 M Q) LLJ ? �} 614 E6 § 6Rq (A 'E's V) V) 4A 619 V 00 t-- C) eh C, I'D V5 CD W) vi Vl W� OIR M -6 Co V) CL I ............ cn t COO >1 m C) (A m °' 0 00 rq C 0 V 0 0. ro ro as RFP 5582 any s. rq I CL ca ca as 04 0 I 0 V) V) V) Eel kn — u u N 0 V) 04 -0 I COO U C1 o 0 cq V) u V) u Can Ot Q) to n Ca, 7:1 al 0 cn CL cn V Z ca -G -6 Co V) I RFP 5582 ry.41171,1111M City of Denton 1. Contractor Legal Name (for contracting purposes): T--eJW1ff\R, JAC 2. Subsidiary of: O/P� Partnership Co oration Individual Association 1P -'. TaxPayerlD#: 5. Date Established: I 'f %I M- 6. Historically Underutilized Business: Yes oRM 7. Does your company have an established physical presence in the State of Texas, or the City of Denton? !9 r No, in which? -Tpoco�,s 8. Please provide a detailed listing of all products and/or services that your company provides. Se MAJ �rm ZI ' S - p o,- Tec I i AQ- cm-idk, 9. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company narne or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. N /N 10. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. �JIN 11. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s)- NIA 12. Has your company implemented an Employee Health and Safety Program compliant with 29 CF R 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? fiorm? .,_doc 1 r1 STANDARD- &j lcc level= I &p-,ke.yvaIue= 1926 RFP 5582 - Main Document 22AMIN EXAMPr 5 City of Denton Texas Government Code Section 2252,002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders' state. In order to make this determination, please provide the name, address and phone number of. a. Respondin firins principle place ol'business: b. Company's majority owner principle place ®f business: 111,011011 � i i I gau RIO) to] ggg [$),I ra 0 PLWJ I MARRV-& -2041; , �mslr M 'FAlkgoon"11,14 qpp Zi «� WIN SF-W 1.11 U-M City of Denton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any exceptions taken to this solicitation must be itemized on the lines below. Additional pages may be added m needed. If there are no exceptions, please sign where indicated at the bottom of the page. M Signature ® taken to this solicitation. ff-.= if No Company Date M ................ Fag 11[41411 #101; IjAzaltelA E4 u WN _61 rull I rim City of Denton RFP for Electric Transmission Line Compression Fittings =­:_ . . . . . . .. . .. REFERENCE ONE GOVERNMENT/COMPANY NAME: CliK 0&'- Gl�'AAJ, LOCATION. . ............ - ----------- --- - --------- - - — ------- --- ........... Rrfiwm,� TELEPHONE NIJNIIIJ,�"R- SCOPE OF WORK: �Vav,\ CONTRACT PERIOD: .... ...... -- ----- ...... ....... 1"JAMPI, LO(r,',ATION" INTAQ. REFERENCE TWO .... ... . . TELEPHONE NUMBER: _S1 . ..... ql..�Hq ...... . . ..... .. - - - - - - - - - - --- -- ---------- - ------------- - ----- - SCOPE OF WORK:-ju. ,!�_'GA CONTRACT PERIOD: 0 VN - ........... . ...... . - -- - ----- . .... . ............... ---------- REFERENCE THREE .......... .. ...... GOVERNMENT/COMPANY NAME: LOCATION: \Iew, MdJmn, TELEPHONE NUMBER: , - -------- — - -- - - - --------- ------------- -- SCOPE OF WORK: — --------- - - CONTRACT PERIOD: ------ -------- ... .... . . ............ RFP 5582 - Main Document fm EXM4§Pr 5 City of Denton RFP for Electric Transmission Line Compression Fittings I T Addendum No I Dated Received Addendum No 2 Dated Received Addendum No 3 Dated Received NAME AND ADDRESS OF COMPANY: ..................... . ..... . . Tel. No. Email, ............. .. . ......... I . . .... �N RFP 5582 - Main Document AUTHORIZED Signature Date ........... Name Title Z1,10 C r, Fax No. 1 �� City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1, IN File #: ID 14 -0388, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Materials Management ACM: Bryan Langley AGENDA DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for electric utility transmission line conductor attachments and pole hardware for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5583- awarded to Stuart C. Irby Company in the three (3) year not -to- exceed amount of $620,000). The Public Utilities Board recommends approval (6- 0). RFP INFORMATION Denton Municipal Electric (DME) has transmission line projects approved in its five (5) year Capital Improvement Plan that will require installation of conductor attachments and pole hardware to make construction of transmission lines possible. The CIP projects include 7.4 miles of two (2) City Council approved DME routes (Purple and Yellow), reconstruction of 4.9 miles of a TMPA line and approximately 17.3 miles of additional projects that are in the planning stages. There are 32 different catalog items being purchased as a part of this RFP. Conductor attachments and pole hardware are necessary for connecting insulators, conductors and compression fittings to each other, poles or to other equipment. Requests for Proposals were sent to 225 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Four (4) proposals were received (Exhibit 2- Pricing Sheet). The proposals were evaluated based upon published criteria including performance, delivery, acceptance of standard terms and conditions, and price. Based upon this evaluation, Stuart C. Irby Company was ranked the highest and determined to be the best value for the City (Exhibit 1- Ranking Sheet). PRIOR ACTION /REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 28, 2014, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award a contract for electric utility transmission line conductor attachments and pole hardware for Denton Municipal Electric to Stuart C. Irby Company in the three (3) year not -to- exceed amount of $620,000. This City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0388, Version: 1 amount includes a contingency for unforeseen maintenance /repairs. PRINCIPAL PLACE OF BUSINESS Stuart C. Irby Company Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION The costs for material purchased under the proposed agreement will be funded out of amounts budgeted for specific projects. The work proposed will be in the transmission category. These costs for transmission projects will ultimately be recovered through the Public Utility Commission Transmission Cost of Service Program (TCOS). EXHIBITS Exhibit l: Evaluation /Ranking Sheet Exhibit 2: Pricing Sheet Exhibit 3: Public Utilities Board Draft Minutes Exhibit 4: Ordinance Exhibit 5: Contract Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance For information concerning this acquisition, contact: Phil Williams at 349 -8487. City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl F d W O H U O o W N 6A T X Q t N 0 C M 0 O o W Vq 6n O U X T ~ M Ol O aL+ 0�0 0 O V O^ O N O O O� N lO N m O J LL In 69 VT 7 C U O � a N O Q O F C. O R R W C O L C U J O a � av+ - C O v U T T m m H o v � s o o\ O o 0 0 0 00 0q a o0 O O v � m N LL � vl Of O U X T ~ M Ol O aL+ 0�0 0 O V O^ O N O O O� N lO N m O J LL In 69 VT 7 C U O � a N O Q O F C. O R R W C O L C U J O a � av+ - C O v U T T m m O M N 0 W > a F s _ xm 11 0 V W ,ti ,ti M m o z - - 6 � m 6 m x x. N I. ml I. � t� co t� w z p x x x x x x x x x x x v C x ~ Y W w X W EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA - - - - - - - - - - - - EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA O x x x x x x x x x x x 0 v 9 F a o � N `o v x W 16 w M -4 N '" M W 00 o _ N O v O W W a a w M a co w ¢ a '� wT wT wT �'' d W O �' �' � �' _ •� }, 'x co ,-. co ,-. ,-• � rx co 0 F F F C7 o z M" v vi m m ,-• ^ W I M w' w� co ao Q w w w p o W q a W q ro ^ x x D Z Qx F F F ww a ww a ww O w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w a u N M m N N N N N N N N N N M / 3 3 E : p i \ ¥ ¥ ) ) \ \ \ / }/ k))) 3 , , ) , , \ \\ ® 2 ) \} !!± a « \ \ k / / \ & � � \ _ \ S \ \ \ } / 3 3 E : p i \ ¥ ¥ ) ) \ \ \ / }/ k))) EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD July 28, 2014 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, July 28, 2014 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, Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: George Campbell City Manager and Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 6. Consider recommending approval of a contract with Stuart C. Irby Company for the purchase of Conductor Attachments and Pole Hardware in the amount not to exceed $620,000.00 (RFP 45583). Motion was made to approve item 6 by Board Member Robinson with the second by Board Member Gallivan. The vote was 6 -0 approved. Adjournment — 10:40am EXHIBIT 4 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR ELECTRIC UTILITY TRANSMISSION LINE CONDUCTOR ATTACHMENTS AND POLE HARDWARE FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5583- AWARDED TO STUART C. IRBY COMPANY IN THE THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $620,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of transmission line conductor attachments and pole hardware for the City of Denton in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5583 Stuart C. Irby Company $620,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with EXHIBIT 4 the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. 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 File 5583 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 5 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND STUART C. IRBY (RFP # 5583) THIS CONTRACT is made and entered into this day of _ A.D., 2014, by and between Stuart C. Irby Company a corporation, whose address is 7125 Belton Street, Fort . . Worth, . .......TX...... a 76118 hereinafter referred to as "Supplier," and the CITY OF . u.�...�.,.�.,...,.__ DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products in accordance with the City's RFP # 5583 Supply of Electric l:.itili ]"r ansmmissioi) Line Conductor Attachments and Pole 11ar daare, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of this written agreement and the following items which are attached hereto, or on file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A ") (b) City of Denton's RFP 5583 (on file at the office of the Purchasing Agent) (c) City of Denton's Standard Terms and Conditions (Exhibit "B "); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C" ); (e) Supplier's Proposal. (Exhibit "D "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5583 EXHIBIT 5 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY RFP 5583 S Ul-'P l..,II BY: ' � iUED � (JTHOR IGNATURE 4 Date :, h 7/ Name; Title: 5� PHONE t, B ER. mmmmIT FAX NUMBER CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date: EXHIBIT 5 Exhibit A Special Terms and Conditions The Quantities indicated on Exhibit D are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Product Clean.Y s During Contract Term The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to dentonpurchasing (cr,cityofdenton.com, with the above file number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be returned at the supplier's expense. Products that have been installed will be replaced at the supplier's expense. Authorized Distributor The supplier shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's representative as needed by the City. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date in accordance with the provision of the section titled "price adjustments ", or the section(s) titled "termination ". Extension of contract terms will require mutual agreement of the parties. Price Escalation and De- escalation Prices quoted for the commodities or services described in the RFP must be firm for a period of one year from date of contract award. Requests made for pricing adjustments will be supported by manufacturer or supplier cost justification support, including, but not limited to, applicable industry index data provided by associated manufacturer(s) in accordance with the product represented. Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive with the general market price at the time, and become effective upon the renewal date of the contract award or reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been issued. Pre -price increase prices must be honored on orders dated up to the official date of the City of Denton approval and /or cancellation. RFP 5583 EXHIBIT 5 The request can be sent by e -mail to: purchasingAcityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes, Total Contract Amount The contract total shall not exceed $620,000. Pricing shall be per Exhibit D attached. Delivery Lead Time Product or services shall be delivered to the City per the days /weeks noted in Exhibit D after receipt of the order. RFP 5583 EXHIBIT 5 Mutually Agreed Upon Terms and Conditions Items in this document represent the modified, agreed upon terms and conditions between the City of Denton and Irby Utilities. Only revised sections /paragraphs are attached in completed form and this document becomes part of any bid. Revisions to Main RFP Document 8. Price Adjustments Prices quoted for the commodities or services described in the RFP must be firm for a period of one year from date of contract award. Requests made for pricing adjustments will be supported by manufacturer or supplier cost justification support, including, but not limited to, applicable industry index data provided by associated manufacturer(s) in accordance with the product represented. 9. Cooperative Purchasing /Piggyback Option The contract resulting from this solicitation will be available for use by all governmental entities within a 75 mile radius of Contractor's base location associated to the specific solicitation, providing there is no conflict with any applicable statutes, rules, policies, or procedures. The governmental entities will have the option to use the pricing as agreed to within the resulting contract After award, and unless noted in the original solicitation response, a service fee in the amount of 2% of the dollar amount of all issued purchase orders generated from use of this contract. The contractor further agrees to remit the service fee by check on a quarterly basis for the previous quarter spent through this contract, to Julia Klinck, Purchasing Coordinator at 901B Texas Street, Denton, TX 76209, on or by the Fifteen day of each month, following the end of the quarter. The Contractor shall also provided quarterly sales reports from the contract awards and Purchase Orders issued from the Contract, for the purpose of billing and collecting the service fee, and for compiling required purchasing history. This report shall be sent to purchasing@,cityofdenton.com on or by the tenth day of each month. The Contractor further agrees that the City of Denton shall have the right, upon reasonable written notice, to review the Contractor's records pertaining to purchases under this awarded contract to verify the accuracy of service fees charged to the Contractor. Revisions to Exhibit 2 of RFP Document Section A — General Provisions 18. Performance Liquidated Damages (Paragraph 2) The Contractor shall be assessed a one (1 %) percent fee each week when any one of the performance standards outlined above are not met in full for "normal condition" orders and based on usages in line with estimated annual quantities supplier by the City. At the end of each RFP 5583 EXHIBIT 5 month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. 19. Warranties The contractor shall provide a warranty that is standard in the industry, which is a "pass through" warranty condition for this agreement. Repair or Maintenance of fleet not performed to industry standards shall be accomplished at the contractor's expense, at the option of the City. 26. Shipping, Delivery and Packaging Delivery Delays If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the Customer to purchase goods and associated fulfillment services of this RFP elsewhere and charge any increased costs for the goods, including cost of resoliciting, to the Contractor. Failure to pay a damage assessment is cause for Contract cancellation and /or removal of the Respondent from the City's authorized list of suppliers. Restocking Fee The Customer may request that a Contractor accept return of merchandise already delivered or that a Contractor cancel an order prior to delivery. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. Section B - Standard Purchase Terms and Conditions (Opening Paragraph 1) These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts /Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Sellers Proposal response, Invoice or Statement shall serve to modify the terms set forth herein unless noted as Special Conditions, which have been mutually agreed upon.. If there is a conflict between the provisions on the face of the Contract /Purchase Order these written provisions and attachments will take precedence. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. In the event shipping charges are applicable, the City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 17. RIGHT TO AUDIT A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in RFP 5583 EXHIBIT 5 progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Furthermore, the Contractor, to the best of its ability, also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. 19. WARRANTY - PRICE B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. 20. WARRANTY — TITLE The Contractor represents within reasonable expectation that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES The Contractor represents within reasonable expectation that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. C. Unless otherwise specified in the Contract, the warranty period shall be one year from the date of delivery of the deliverables, from the date of acceptance of any replacement deliverables, or as a term stated by the corresponding manufacturer. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non - conforming deliverables, or replace the non - conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty. 27. TERMINATION FOR CAUSE In the event of a default by either party, the other party shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the defaulting party, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the other party reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in RFP 5583 EXHIBIT 5 equity, the non - defaulting party shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the non - defaulting as a result of the defaulting party's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post - judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor to the extent Appropriated or otherwise legally available for such purposes for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 38. OWNERSHIP AND USE OF DELIVERABLES: A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor, to the best of its ability and in working with the corresponding manufacturer(s), disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor, to the best of its ability and in working with corresponding manufacturer(s), that such deliverables shall be considered as work made - for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made - for -hire, the Contractor, to the best of its ability and with corresponding manufacturer(s), assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of title, and interest in and to such deliverables. With respect to such work made -for- hire, the Contractor, to the best of its ability and with corresponding manufacturer(s), execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made - for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. Furthermore, the Contractor, to the best of its ability and with corresponding manufacturer(s), if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain RFP 5583 EXHIBIT 5 copyright protection, mask work registration, trademark registration and /or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 67. RECORDS RETENTION The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of two (2) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. RFP 5583 EXHIBIT 5 Exhibit B Citv of Denton Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts /Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the Contract /Purchase Order these written provisions will take precedence. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be perfonned principally at the City's premises or on public rights -of -way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE /TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Supplier's name and address, (b) the City's name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier's price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non - conforming deliverables. If the City has the right to inspect the Supplier's, or the Supplier's Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. RFP 5583 EXHIBIT 5 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non - complying tender shall constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. 10. WORKFORCE A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( "IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Supplier shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Supplier's obligations under this paragraph. Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. INVOICES: A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department's Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation RFP 5583 EXHIBIT 5 charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Supplier's name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier's invoice. C. Invoices for labor shall include a copy of all time - sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Supplier to such extent as may be necessary on account of- i. delivery of defective or non - conforming deliverables by the Supplier; ii. third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or suppliers, which is not covered by insurance required to be provided by the Supplier; v, reasonable evidence that the Supplier's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Supplier to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Supplier to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Supplier, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE -OUT: RFP 5583 EXHIBIT 5 A. If a DBE /MBE /WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is required to submit a Contract Close -Out MBE /WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Supplier is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the City other than those previously asserted in writing and not yet settled. 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Supplier as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books ", "records ", "documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Supplier identified Subcontractors in a DBE /MBE /WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Supplier, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is required to indemnify the City. RFP 5583 EXHIBIT 5 C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY - PRICE: A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Supplier warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Supplier, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand either repair the non - conforming deliverables, or replace the non - conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Supplier is unable or unwilling to repair or replace defective or non- conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Supplier is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Supplier shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Supplier shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. RFP 5583 EXHIBIT 5 B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Supplier is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23. ACCEPTANCE OF INCOMPLETE OR NON - CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non - conforming deliverables, the City prefers to accept it, the City may do so. The Supplier shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non - conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non- conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Supplier. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Supplier is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Supplier, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Supplier's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Supplier, the City may remove the Supplier from the City's vendor list for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Supplier shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and RFP 5583 EXHIBIT 5 may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Supplier if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and /or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Supplier, the Supplier's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non - conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE SUPPLIER SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE SUPPLIER, OR THE SUPPLIERS AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDERTHE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE SUPPLIER (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements. i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Supplier shall provide Certificates of Insurance with the coverage's and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Supplier must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Supplier shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the RFP 5583 EXHIBIT 5 subcontractors commencing work on the project. v. The Supplier's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry - Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Supplier. xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Supplier shall be responsible for premiums, deductibles and self - insured retentions, if any, stated in policies. All deductibles or self- insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Supplier shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Supplier. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Supplier which arises under or concerns the Contract, or which could have a material adverse affect on the Supplier's ability to perform thereunder, the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RFP 5583 EXHIBIT 5 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Supplier does not know of any valid basis for any such claims. The Supplier shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co- counsel on the City's behalf. Further, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Supplier. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier may require access to certain of the City's and /or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know -how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information "). Supplier acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and /or its licensors. The Supplier (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their creation, such deliverables shall be considered as work made - for -hire by the Supplier for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made - for -hire, the Supplier hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made - for -hire, the Supplier agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work - made- for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. RFP 5583 EXHIBIT 5 C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and /or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Supplier's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40. ADVERTISING: The Supplier shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Supplier warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Supplier in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision - making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Supplier shall render the Contract voidable by the City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B). 44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. 45. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it RFP 5583 EXHIBIT 5 being the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre - printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision - making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken RFP 5583 EXHIBIT 5 provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub - awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non- Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT - SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty -free entry certificate is issued); or (2) For components manufactured by the Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or RFP 5583 EXHIBIT 5 (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate ". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the supplier. 59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. http://www.access.gl2o.gov/davisbacon/tx.btm1 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W -2's to common law employees. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug -Free Work Place Act of 1988 (Public Law 100 -690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug - free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable for all damages to government- owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any RFP 5583 EXHIBIT 5 performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Supplier shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non - performance or delay in performance. 65. NON - WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Supplier shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Supplier shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. RFP 5583 EMI'E 5 K - CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ This questionnaire reflects changes made to the law H.B. r149ttal enttt For vendor or other rrson doiu business with local ttvt _ y g y . 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor, Name of person who has a business relationship with local governaneutal entity. EJCheck this box if you are filing an update to it previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 "' business day after the date the originally filed oucstionn;aire becomes istcotripietc or inaccunitt Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (Item 3 Including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176,001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than Investment income, from the filer of the questionnaire? Yes = No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes D No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 1=1 No D. Describe each affiliation or business relationship. Signature of person-doing bustn � governmental ess with the RFP 5583 Date RFP 5583 - Evaluation Sheet for Electric Transmission Line Conductor Attachments and Pole Hardware Respondent „��iUi` %t ,1 ,i�° '� ����r, ���,rr��� Stuart C. Irby Principal Place Business �� "r� ��, % Ft. Worth, TX of ; �'�� EST. Estimated Item # ANNUAL UOM Product Description Manufacturer /Model It Unit Price Delivery ARO QTY (weeks) 1 45 EA JUMPER CLAMP, POST INSULATOR, AL, DBL 1.0- HUBBELL 2717243001 $ 142.20 8 1.4 "D, FOR 2 -HOLE BLADE, 18" SPACING 2 81 EA JUMPER CLAMP, POST INSULATOR, AL, DBL SEFCOR ASCAHV -35 -5 $ 100.70 5 1.108 - 1.196 "D W/ 5" BC, 18" SPACING 3 36 EA JUMPER CLAMP, POST INSULATOR, AL, SGL 1.0- HUBBELL 976423002 $ 93.10 8 1.4 "D, FOR 2 -HOLE BLADE CLAMP -CABLE TO INSULATOR SUPPORT, 0.522 " - 4 18 EA 1,632" DIA, 11/16" HOLES ON 5" BC W\ HUBBELL ASR2005 $ 58.90 8 5 18 EA ARMOR -GRIP SUSPENSION, 0.769" - 0.795" DIA, PREFORMED AGS -5115 $ 49.70 6 CAIRO, AAAC 6 900 EA ARMOR -GRIP SUSPENSION, 1.091 "- 1.118" DIA, PREFORMED AGS -5130 $ 72.80 7 82" LG RODS, 200C RATING 7 640 EA SPACER - CUSHION GRIP, 2- BUNDLE 18" PREFORMED CGTS- 01 12HT $ 36.40 4 SPACING, 1.107 " - 1.146 "D, 200C RATING 8 36 EA DAMPER- STOCKBRIDGE VIBRATION, 959.6 HUBBELL 60710 -12 $ 35.10 8 ACSS/TW /HS BARE, .859 - 1.130 "D CLAMP 9 48 EA DAMPER- SPIRAL VIBRATION, .327 - .461 "D, 51" PREFORMED 5050104 $ 3.60 4 LONG (EHS) 10 360 EA DAMPER- SPIRAL VIBRATION, .564 - .760 "D, 66" PREFORMED 5050106 $ 10.40 4 LONG (OPGW) 11 630 EA ANCHOR SHACKLE 7 /8 "WD, 3/4" PIN, 60K, GALV HUBBELL AS50BNK $ 11.80 4 BNC 12 1,900 EA ANCHOR SHACKLE 7/8 "W D, 5/8" PIN, 30K, GALV HUBBELL AS25LBNK $ 5.20 4 BNC 13 12 EA CLEVIS -EYE, 7/8" WIDE CLEVIS, 1 -3/4" WIDE HUBBELL CA 16BNK $ 26.60 9 EYE, 5/8 "D PIN, 11 /16 "D HOLE, BNC 14 6 EA CLEVIS- SOCKET 7/8" WIDE 5/8 "D PIN 30K BNC HUBBELL SC30 -BNK $ 16.40 1 4 15 300 EA LINK -CHAIN EYE 3/4" 60K 1 "X3 -1/2" OPENING HUBBELL LK60 $ 10.50 4 16 30 EA SOCKET -EYE 1" WIDE EYE, 1 1 /16 "D HOLE 30K HUBBELL SA 10 $ 12.10 8 17 80 EA SOCKET -EYE I" WIDE EYE, 13/16 "D HOLE 30K HUBBELL SA1013 $ 10.80 4 18 132 EA SOCKET -EYE 1 -3/4" WIDE EYE, 11/16" HOLE 30K HUBBELL SA 16 $ 13.00 4 19 80 EA Y- CLEVIS BALL HOT LINE, 9- 5/16" LONG, 3/4 "D HUBBELL HYBC30 $ 22.00 4 PIN, 30K 20 264 EA Y- CLEVIS BALL, 3/4 "D PIN, 30K HUBBELL YBC30 $ 10.50 4 21 900 EA Y- CLEVIS EYE, 90 DEG, 1" WIDE EYE, 3/4" BOLT, HUBBELL YCS1090 $ 8.40 4 30K GALV 22 18 EA Y- CLEVIS EYE, 0.751 - 1.005 ", 1 1/16" HOLE, 20K PREFORMED YC -5207 $ 15.10 4 23 800 EA Y- CLEVIS SOCKET, 3/4 "D PIN, 30K HUBBELL SYC30 I $ 9.80 8 RFP 5583 ■ i RFP 5583 - Evaluation Sheet for Electric Transmission Line Conductor Attachments and Pole Hardware RFP 5583 1, °� �����" /„1�f1r ��rr,,,n� Stuart C. Irby Respondent �����i %' anr��l Jt y sir �, , -- �0�1, Principal Place of Business »� y r ^ "� Y °!y, ✓f Ft. Worth, TX % "1 r,' ;ir, ",.` _ ___ EST. Estimated Item # ANNUAL UOM Product Description Manufacturer /Model # Unit Price Delivery ARO QTY (weeks) 300 EA YOKE PLATE, 3- POINT, 3/4" THK, 18 "X5 ", (1)1- HUBBELL YPD5018549 -1 $ 34.20 4 24 1/8" & (2) 1 -1/4" HOLES, 50K YOKE PLATE, 3- POINT, 5/8" THK, 18 "X6 -1/4 ", (1) HUGHES AS2585Z $ 70.50 8 25 6 EA I" & (2) 13/16" HOLES, 40K YOKE PLATE, 4- POINT, 5/8" THK, 18 "X6 ", (2) HUBBELL 976113002 $ 75.30 9 26 300 EA 11/16" & (2) 15/16" HOLES, 30K BANDING ADAPTER -POST INSULATOR, 5- ALUMA -FORM D- 4080 -BS2 -6 "BOLT $ 63.50 4 27 IS EA 1/2 "X14 ", (2) 5 /8 "X6 "LG BOLTS W /NUT, 12" 28 15 EA SUSPENSION CLAMP, AL 0.70- 1.18" 25K HUBBELL HAS 118SBNK $ 48.10 9 W /SOCKET EYE (SA -10) BNC WEIGHT- 50LBS, 1.108" DIA 795 DRAKE OR N H INDUSTRIES 501108 $ 360.00 6 29 15 EA EQUIV, 138KV ANCHOR PLATE FOR 3/4" ANCHOR ROD, MACLEAN J3520 - 3/4 $ 24.40 4 30 r27 EA GALVANIZED 31 EA ROD, ANCHOR, TWIN EYE, 3/4" X 8 " -0" MACLEAN J7528 $ 16.80 4 32 30 EA THIMBLE, CLEVIS MACLEAN FSA -88A -5 $ 11.40 8 RFP 5583 V . R 7/1/14 Darer° E. Srri6th, .P P Senior Buyer City of Dry , nton MaterWs Marmgernent 01131'exas Street Denton, ° n(76209 Subject: RFP -5583 RFP FOR THE SUPPLY OF ELECTRIC TRANSMISSION LINE CONDUCTOR ATTACHMENTS AND POLE HARDWARE FOR THE CITY OF DENTON Karen, Thank you for the invitation to participate in the subject RFP. Our response is enclosed. Exhibit 1 Price Sheet RFP 5583 Proposal Document Checklist Attachment A: Business Overview Attachment B & B -1: Exceptions Attachment D: References Attachment E: Conflict of interest Attachment F: Acknowledgement Exhibit 2: Irby Proposal Supplement We look forward to your response. Sincerely, Russell Jarr Ss iames@irby.com Fax 817 - 284 -7743 Division of •en�per RFP 5583 JLN'Alyff 15 ATTACHMENT A- BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS 1. Contractor Legal Name (for contracting purposes): IRBY 2. Subsidiary of Sonepar 3. Organization Class (circle): Raftnership Corporation Individual Asseeiage 4. Tax Payer ID #: 16401790205 5. Date Established: 1927 6, Historically Underutilized Business: Yes r No 7. Does your company have an established physical presence in the State of Texas, or the City of Denton? Yes or No, in which? Yes, Fort Worth, TX 8. Please provide a detailed listing of all products and/or services that your company provides. See attached Proposal Supplement 9. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. No, N /A- This is for Services Provided 10. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. No, N /A- This is for Services Provided 11. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). No, N /A- This is for Services Provided RFP 5583 ai P.3. J ATTACHMENT B- SUBMISSION EXCEPTIONS Any exceptions taken to this solicitation must be itemized on the lines below. Additional pages may be added as needed. If there are no exceptions, please sign where indicated at the bottom of the page. Item # Description See Attachment B -1 — Mutually Agreed upon Terms and Exceptions Item #6 Contract Term: Contract may be extended beyond the term date only by mutual agreement of both parties. g i'v No Exceptions taken to this solicitation. Signature RFP 5583 Company Date Date FL-NN191117 15 Attachment B 1 Mutually Agreed Upon TennsITand Conditions Items in this document represent the modified, agreed upon terms and conditions between the City of Denton and Irby Utilities. Only revised sections /paragraphs are attached in completed form. Section I — General 3. Contract Term (Paragraph 2) Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date in accordance with the provision of the section titled "price adjustments ", or the section(s) titled "termination ". Extension of contract terms will require mutual agreement of the parties. 5. Price Adjustments (Paragraph 1) Prices quoted for the commodities or services described in the RFP must be firm for a period of one year from date of contract award. Requests made for pricing adjustments will be supported by manufacturer or supplier cost justification support, including, but not limited to, applicable industry index data provided by associated manufacturer(s) in accordance with the product represented. 11. Cooperative Purchasing /Piggyback Option (Paragraph 1) The contract resulting from this solicitation will be available for use by all governmental entities within a 75 mile radius of Contractor's base location associated to the specific solicitation, providing there is no conflict with any applicable statutes, rules, policies, or procedures. The governmental entities will have the option to use the pricing as agreed to within the resulting contract (Paragraph 3) After award, and unless noted in the original solicitation response, a service fee in the amount of 2% of the dollar amount of all issued purchase orders generated from use of this contract. The contractor further agrees to remit the service fee by check on a quarterly basis for the previous quarter spent through this contract, to Julia Klinck, Purchasing Coordinator at 901B Texas Street, Denton, TX 76209, on or by the Fifteen day of each month, following the end of the quarter. The Contractor shall also provided quarterly sales reports from the contract awards and Purchase Orders issued from the Contract, for the purpose of billing and collecting the service fee, and for compiling required purchasing history. This report shall be sent to purchasingOcityofdenton.com on or by the tenth day of each month. The Contractor further agrees that the City of Denton shall have the right, upon reasonable written notice, to review the Contractor's records pertaining to purchases under this awarded contract to verify the accuracy of service fees charged to the Contractor. 16. Shipping, Delivery and Packaging Delivery Delays Attachment 8 -1: Mutually Agreed Upon Terms and Conditions RFP 5583 If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the Customer to purchase goods and associated fulfillment services of this RFP elsewhere and charge any increased costs for the goods, including cost of resoliciting, to the Contractor. Failure to pay a damage assessment is cause for Contract cancellation and/or removal of the Respondent from the City's authorized list of suppliers. Restocking Fee The Customer may request that a Contractor accept return of merchandise already delivered or that a Contractor cancel an order prior to delivery. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. 19. Performance Liquidated Damages (Paragraph 2) The Contractor shall be assessed a one (1 %) percent fee each week when any one of the performance standards outlined above are not met in full for "normal condition" orders and based on usages in line with estimated annual quantities supplier by the City. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. 20. Warranties The contractor shall provide a warranty that is standard in the industry, which is a "pass through" warranty condition for this agreement. Repair or Maintenance of fleet not performed to industry standards shall be accomplished at the contractor's expense, at the option of the City. Section VI - Standard Purchase Terms and Conditions (Opening Paragraph 1) These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton's solicitation are applicable to Contracts /Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Sellers Proposal response, Invoice or Statement shall serve to modify the terms set forth herein unless noted as Special Conditions, which have been mutually agreed upon.. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions and attachments will take precedence. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. In the event shipping charges are applicable, the City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 17. RIGHT TO AUDIT Attachment 13-1: Mutually Agreed Upon Terms and Conditions 1C�; S& : c OBIT 13 A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Furthermore, the Contractor, to the best of its ability, also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of I% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. 19. WARRANTY - PRICE B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. 20. WARRANTY — TITLE The Contractor represents within reasonable expectation that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES The Contractor represents within reasonable expectation that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. C. Unless otherwise specified in the Contract, the warranty period shall be one year from the date of delivery of the deliverables, from the date of acceptance of any replacement deliverables, or as a term stated by the corresponding manufacturer. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non- conforming deliverables, or replace the non - conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty. 27. TERMINATION FOR CAUSE In the event of a default by either party, the other party shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the defaulting party, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the other party reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the non - defaulting party shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the non - defaulting as a result of the defaulting party's default, including, without limitation, cost of cover, reasonable attorneys' Attachment B -1: Mutually Agreed Upon Terms and Conditions RFP 5583 4 V..1 • 'r fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor to the extent Appropriated or otherwise legally available for such purposes for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 38. OWNERSHIP AND USE OF DELIVERABLES: A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor, to the best of its ability and in working with the corresponding manufacturer(s), disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor, to the best of its ability and in working with corresponding manufacturer(s), that such deliverables shall be considered as work made - for -hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City' ".s sole or joint ownership of any such deliverables arising by virtue of the City "s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor, to the best of its ability and with corresponding manufacturer(s), assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of title, and interest in and to such deliverables. With respect to such work made - for -hire, the Contractor, to the best of its ability and with corresponding manufacturer(s), execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made - for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. Furthermore, the Contractor, to the best of its ability and with corresponding manufacturer(s), if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instnuments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any sirrri.lar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. Attachment B -1: Mutually Agreed Upon Terms and Conditions RFP 5583 raks 67. RECORDS RETENTION The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of two (2) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. ATTACHMENT I - CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND IRBY UTILITIES SCOPE OF SERVICES Supplier shall provide products or services in accordance with the Supplier's proposal in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "D ". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Proposal Exceptions (Attachment D) (b) Request for Proposal (RFP # __) (c) City of Denton Standard Terms and Conditions (Exhibit "A" as accepted) (d) Special Terms and Conditions (Exhibit "B ") (e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C "). (f) Supplier's Proposal. (Exhibit "D "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence as noted above. ATTACHMENT J - ACKNOWLEDGEMENT (Paragraph 9) Should a conflict arise between the P0, supplier terms, or contract; the terms and conditions set forth in this RFP shall prevail, except for Seller's written exceptions given herein. Attachment B -1: Mutually Agreed Upon Terms and Conditions RFP 5583 LOU` 11 1 . IN ATTACHMENT D- REFERENCES Please list three (3) Utility references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this proposal. REFERENCE ONE GOVERNMENT /COMPANY NAME: CITY OF GARLAND LOCATION: GARLAND, TX CONTACT PERSON AND TITLE: GARYHOLCOLMB — PURCHASING SUPERVISOR TELEPHONE NUMBER: 972-205-2425 SCOPE OF WORK: MULTIOPLE CONTRACTS CONTRACT PERIOD: REFERENCE TWO GOVERNMENT /COMPANY NAME: CITY OF WEATHERFORD LOCATION: WEATHERFORD, TX CONTACT PERSON AND TITLE: ROBERTMOSS— PURCHASING AGENT TELEPHONE NUMBER: 817 -598 -4252 SCOPE OF WORK: CONTRACT PERIOD: REFERENCE THREE GOVERNMENT /COMPANY NAME: CITY OF SANGER LOCATION: SANGER, TX CONTACT PERSON AND TITLE: RANELL QUAM TELEPHONE NUMBER: 940 - 458 -2064 SCOPE OF WORK: CONTRACT PERIOD: RFP 5583 ' I ATTACHMENT &ACKNOWLEDGEMENT The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items /services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and /or pricing sheet (Exhibit 1), without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: http://www.cityofdenton.com/index,aWx?page--397 to ensure they have downloaded and signed all addendum(s) required for submission with their response. I certify that I have made no willful misrepresentations in this submission„ nor have I withheld i0brnuation in my statements and answers to questions. I am aware that the information given by me iri this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause nay submission to be rejected, Acknowledge receipt of following addenda to the solicitation: Addendum No 1 Dated Received,,,,,,,_, _. Addendum No 2 Dated Received Addendum No 3 Dated Received NAME AND ADDRESS OF COMPANY: All "1 "110.ItTREPRES "ATIVE: IRBY Signature �` ... �.._.�..,.—.. ...... _ _ -..712 � ..�.._ 5 Belton 'street Date Fort W01[th„ TX 761,18.._ Tel. No,. 817 - „1 -4011 Email ,mites ciirl�com RFP 5583 Name Rrrssell James _._ _._ Title Sales Fax No. 817- 284 -7743 August 1, 2012 RFP 5583 LMIAOM Exhibit 2 Irby Proposal Supplement Scope of Work City of Denton, Texas Presented by: Irby Utilities 7125 Belton Street Ft. Worth, Texas 76118 Russell James (817) 321 -4011 Chance Anderson (972) 898 -6005 CONFIDENTIAL Poge 1 M941"!N18-Ell f 13 EM Irby Utilities is pleased to present our proposal for the fulfillment of materials to the City of Denton. As one the leading utility service suppliers in the United States and being the leading Utility supply arm for Sonepar US, Irby has assembled a proposal that offers the City of Denton the industry leading expertise in utility and integrated supply programs. The Stuart C. Irby Company, headquartered in Jackson, MS, operates 56 branch and distribution center locations covering 43 states, with sales nearing $900M for 2012. Irby is one of the largest electrical distributors in the United States with a proven track record of exemplary service in the Utilities Distribution arena worthy of the City of Denton's confidence within this initiative. The employees of Irby have been serving customers in four major market segments — industrial, contractor, commercial and utility — with innovative products and services since 1926. Entering the US in 1998, Sonepar USA has seen dramatic growth over the years due to strategic acquisitions and organic growth. Today, Sonepar USA has 15 companies operating over 260 branches throughout the United States, generating over $6.011 in sales revenue in 2011. Sonepar USA is a member of the Sonepar group, the world's largest privately -held electrical distributor. Worldwide, Sonepar employs 32,000 employees in 164 companies across 35 countries. Sonepar's worldwide sales exceeded $19B in fiscal 2011. The business platform presented through Irby and Sonepar affords the City of Denton the strong benefit of extensive Utility and MRO product lines, manufacturer relationships and technical product expertise within a proven financial strength to provide the City of Denton the opportunity to develop and negotiate the Lowest Total Cost of Ownership possible. Our positioning of service facilities and financial support create a program that is both scalable and flexible to meet the volatile fluctuations of our global economy today. In looking over the next 5 to 7 years, the strategic vision for Sonepar is to aggressively advance positive organic growth while continuing internal investment, expanding major customer relationships and acquisitions for the entire organization. Based on this statement, we see no significant events (i.e., company sale, company restructure, etc.) during this time period that should cause any concern to the City of Denton entering into an agreement Irby /Sonepar, both from a stability and financial perspective. For further information: Sonepar is the largest electric wholesale distribution company in the world Website: www.sonepar.com Sonepar's North America region is the largest electric distribution company for this geography August 1, 2012 CONFIDENTIAL Page 2 RFP 5583 G Website: www.sonepar- us.com a Irby is one of the top three largest utility distributors in the United States Website: www.irby.com Proposal Conditions and Components As noted in the RFP documents, The City of Denton will evaluate the Proposal submission in accordance with the selection criteria and will rank the Firms on the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the data submitted in the Proposal. The selection criterion is listed below: a) Indicators of Probable Performance under contract (FACTOR: 10%). indicators of probable performance under the contract to Include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support. b) Delivery Timeframe (FACTOR: 10 %). The delivery time frame for goods after receipt of order (A.R.0) c) Price, Total Cost of Ownership (FACTOR: 8096). The price of the items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. Irby's proposal includes providing transactional fulfillment of any and all items awarded from this RFP event. For the initial outline of our proposal response, we want to comment on the award criteria components: A. Irby has been a solid supplier to the City of Denton, consistently providing prompt and accurate correspondence and response, followed by consistent fulfillment of required needs. Irby has the sales, operational and financial capacity to meet and exceed the objectives required by the City of Denton for this initiative. B. Irby intends to put in place fulfillment mechanisms and customer discrete Inventory positions allowing delivery of goods to meet or exceed the expectations of the City of Denton. We are initially proposing a delivery schedule of every two weeks or delivery on an "order as needed" release basis with a one week delivery from time of order receipt and confirmation. C. Pricing supplied for this initiative includes material cost, standard delivery costs from Irby to the City of Denton on scheduled delivery time frames, manufacturer's standard warranty conditions and Irby overhead (inclusive of Irby inventory investment costs) and profit. Activities that are included for this initiative for the City of Denton and its quoted participating members are as follows: August 1, 2012 RFP 5583 CONFIDENTIAL Page 3 E)Mlf 6 • Strategic vendor sourcing and procurement of BOM content • Inbound logistics schedule management and vendor order expediting • Receive and manage inventory in Irby Ft Worth operating facility • Outbound logistics to City of Denton's warehouse /distribution center on a scheduled format • Establish "safety stock" position with selected manufacturer(s) • Provide investment and activity reporting as needed for this initiative. Additional information on this topic is shown within this proposal document. • Based on scope of award, Irby is willing to investigate establishing a volume rebate program with the City of Denton that could potentially incorporate value for all purchases. Order Processine Irby suggests that orders be processed for this initiative through established account processes and procedures. Separate administrative tools and reporting can be established for City of Denton, based on the account activity, for use in their oversight responsibilities for its members. Limitations on Product /Line Availability Irby represents the industry's leading manufacturers across its utility, industrial and commercial business sectors. The performance history with our vendor relationships are typically some of the strongest out key vendors hold in the US marketplace. As is with many contractual or alliance styled relationships in place, special territory and price parameters are usually in place with various vendors. Our experience, including this initiative, is that manufacturers do not always release proprietary customer pricing (either correct /competitive or at all) due to a number of reasons. As we have successfully done with other utility initiatives, Irby is willing to negotiate transition parameters and financial conditions that would allow the movement of incumbent preferences to establish a new contractual arrangement. Our experience has been that most all inherent programs move with the announcement of award, which with change allows a window for re- leveraging first cost by Irby or in a tri- lateral manner. Business Terms Proposed are follows: Payment Terms: Net 30 days from invoice August 1, 2012 RFP 5583 CONFIDENTIAL Page 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com EN71" N File #: ID 14 -0412, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Denton Municipal Electric CM/ ACM: Howard Martin, Utilities, 349 -8232 DATE: August 5, 2014 SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to an approximate 1.074 acre tract (the "Substation Tract ") located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an approximate 0.627 acre tract (the "Pump Station Tract ") located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and running to the west line of a tract of land owned by Connie M. Altemus, called 37.87 acres in deed recorded in Volume 901, Page 777, Deed Records, Denton County, Texas, (the " Altemus tract ") and (v) an approximate 1.793 acre temporary construction and access easement located generally east of the Fort Worth Drive Substation Addition and running to the west line of the Altemus Tract, contiguous with and adjacent to, along the northern line, of said electric utility and communication easement located generally east of the Ft. Worth Drive Substation Addition and running to the west line of the Altemus tract; for (A) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement, the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station Tract, the public use of a wet weather pump station and detention facility project (the "Hickory Creek Detention Facility "); authorizing the City Manager or his designee to make an offer to Burch Family Farms, Ltd. (the "Owner ") to purchase the property interests for the purchase price of Thirty Six Thousand Dollars and No Cents ($36,000.00), and other consideration, as prescribed in the Purchase Agreement, (the "Agreement ") as attached to the ordinance and made a part thereof, authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) BACKGROUND The City Council considered and approved an initial offer to purchase the captioned land rights on June 17, City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0412, Version: 1 2014 for the purchase price of $36,000.00. (Ordinance No. 2012 -185) That initial offer to purchase land rights was extended to the Burch Family Farm Ltd. representative on June 25, 2014 by hand delivery and via certified mail. There has been interactive engagement with the property owner; however, there have not been any substantive negotiations to date on terms. Approval of the ordinance under consideration authorizes staff to extend a Final Offer to the Burch Family Farm, Ltd. for the captioned land rights necessary for the projects. 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) City Council - June 17, 2014 (Offer to Purchase Ordinance 2014 -185) Public Utilities Board on June 9, 2014 recommended approval of the acquisition of the tracts Vote (5 -0) FISCAL INFORMATION The 1.074 acre fee Substation Tract, 0.476 acre ingress egress easement, 1.802 acre electric utility and communication easement and the 1.793 acre temporary construction and access easement are being funded by issuing General Obligation Bonds which willbe paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT) [$30,984.00]. The 0.627 acre Pump Station Tract is being funded by Wastewater capital project bonds allocated for the Graveyard Branch Lift Station and Force Main Project ($5,016.00). BID INFORMATION Not applicable. EXHIBITS 1. Location Map 2. Ordinance Respectfully submitted: Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by: LuAnne Oldham Real Estate Specialist City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl EXHIBIT 1 attachment to AIS NORTH ARM ■ ■ ■1 -- � 1�■J�1llll�tiLllL.LS.LiI������� ■La ■�� ■ ■1 ■ z co U W a Q .v PRIVATE LU M z SO CORBIN �y� CORB�tI h NTS AD P I HORNB INDSEYA To] ROSELAWN Q COUNTRY lkot . U �NI � ui 9�F Cn C H H M-O N "/AT HOBSON HI WI W I -� a - m W OU SANDER E zco f7 .................. e ..................... LOCATION MAP z 4- M �I EXHIBIT 2 attachment to AIS s: \legal \our documents \ordinances \14 \burch acquisition ordinance final offer.docx ORDINANCE NO. AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO AN APPROXIMATE 1.074 ACRE TRACT (THE "SUBSTATION TRACT ") LOCATED IN THE W. ROARK SURVEY, ABSTRACT NO. 1087 AND THE J. SEVERE SURVEY; ABSTRACT NO. 1164, BOTH IN DENTON COUNTY, TEXAS, LOCATED GENERALLY ALONG THE EAST LINE OF U. S. HIGHWAY 377 ADJACENT TO AND EAST OF THE FORT WORTH DRIVE SUBSTATION ADDITION; (II) FEE SIMPLE TO AN APPROXIMATE 0.627 ACRE TRACT (THE "PUMP STATION TRACT ") LOCATED IN THE B.B.B. & C. R. R. CO. SURVEY, ABSTRACT NO. 196 AND THE J. W. WITHERS SURVEY, ABSTRACT NO. 1343, BOTH IN DENTON COUNTY, TEXAS, GENERALLY LOCATED WEST AND ADJACENT TO THE G. C. & S. F. RAILROAD RIGHT OF WAY AND RUNNING TO THE WEST RIGHT OF WAY LINE OF F. M. HIGHWAY 1830; (III) AN APPROXIMATE 0.476 ACRE INGRESS AND EGRESS EASEMENT TRACT LOCATED IN THE J. SEVERE SURVEY, ABSTRACT NO. 1164, DENTON COUNTY, TEXAS, LOCATED GENERALLY ALONG THE EAST LINE OF U. S. HIGHWAY 377 ADJACENT TO AND SOUTH OF THE FORT WORTH DRIVE SUBSTATION ADDITION, DENTON COUNTY, TEXAS; (IV) AN APPROXIMATE 1.802 ACRE ELECTRIC UTILITY AND COMMUNICATION EASEMENT LOCATED IN THE W. ROARK SURVEY, ABSTRACT NO. 1087, DENTON COUNTY, TEXAS, LOCATED GENERALLY EAST OF THE FT. WORTH DRIVE SUBSTATION ADDITION AND RUNNING TO THE WEST LINE OF A TRACT OF LAND OWNED BY CONNIE M. ALTEMUS, CALLED 37.87 ACRES IN DEED RECORDED IN VOLUME 901, PAGE 777, DEED RECORDS, DENTON COUNTY, TEXAS, (THE "ALTEMUS TRACT "); AND (V) AN APPROXIMATE 1.793 ACRE TEMPORARY CONSTRUCTION AND ACCESS EASEMENT LOCATED GENERALLY EAST OF THE FORT WORTH DRIVE SUBSTATION ADDITION AND RUNNING TO THE WEST LINE OF THE ALTEMUS TRACT, CONTIGUOUS WITH AND ADJACENT TO, ALONG THE NORTHERN LINE, OF SAID ELECTRIC UTILITY AND COMMUNICATION EASEMENT LOCATED GENERALLY EAST OF THE FT. WORTH DRIVE SUBSTATION ADDITION AND RUNNING TO THE WEST LINE OF THE ALTEMUS TRACT; FOR (A) AS CONCERNS THE SUBSTATION TRACT, INGRESS AND EGRESS EASEMENT, ELECTRIC UTILITY AND COMMUNICATION EASEMENT AND THE TEMPORARY CONSTRUCTION AND ACCESS EASEMENT, THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES; AND (B) AS CONCERNS THE PUMP STATION TRACT, THE PUBLIC USE OF A WET WEATHER PUMP STATION AND DETENTION FACILITY PROJECT (THE "HICKORY CREEK DETENTION FACILITY "); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO BURCH FAMILY FARMS, LTD. (THE "OWNER ") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF THIRTY SIX THOUSAND DOLLARS AND NO CENTS ($36,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT, ( "THE AGREEMENT ") AS ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE EXPENDITURE OF FUNDS; 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 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 (a) the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement are necessary for the public use to provide expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (b) the Pump Station Tract is necessary for the public use of the Hickory Creek Detention Facility, each 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 final offer to purchase the Property Interest to (i) the Owner; (ii) any and all of Owner's successors in interest to the Property Interest; or (iii) any other parties who may own any interest in the Property Interests, as may be applicable. 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 Owner, or other owners of the Property Interests, as applicable, in the form attached hereto and made a part hereof as Exhibit "A ", with a purchase price of $36,000.00 and other consideration, plus costs and expenses all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) to 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 , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT "A" TO ORDINANCE PURCHASE AGREEMENT 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 PURCHASE AGREEMENT (the "Agreement ") is dated 2014, but effective as of the date provided below, between Burch Family Farm, Ltd., a Texas limited partnership (referred to herein as "Owner ") and the City of Denton, Texas ( "City "). WITNESSETH: WHEREAS, Burch Family Farm, Ltd., a Texas limited partnership, is the Owner of a tract of land (the "Land ") in the W. Roark Survey, Abstract No. 1087, the J. Severe Survey, Abstract No. 1164, the B.B.B. & C.R.R. Survey, Abstract No. 196, and the J. W. Withers Survey, Abstract No. 1343, Denton County, Texas, being affected by the public improvement projects called (i) the Fort Worth Drive Substation Expansion Project ( "Substation Project ") and (ii) the Fort Worth Drive 1830 Tie In Project (the "Distribution Project "); and (iii) the Hickory Creek Detention Facility Project (the "Pump Station Project "), (the Substation Project, Distribution Project and the Pump Station Project are collectively referred to herein as the "Projects "); WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; (ii) an ingress and egress easement, (iii) an electric utility and communication easement, and (iv) a temporary construction and access easement, being a part of and encumbering the Land, related to the Projects; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Projects; NOW, THEREFORE, for Ten and No /100 Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (the "Substation Deed "), conveying to the City, subject to the reservations described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Substation Deed, and other interests as prescribed therein (the "Substation Fee Lands "), the Substation Deed being attached hereto as Attachment 1 and made a part hereof, related to the Substation Project; (ii) a Special Warranty Deed (the "Pump Station Deed "), conveying to the City, subject to the reservations described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Pump Station Deed, and other interests as prescribed therein (the "Pump Station Lands ") (the Substation Lands and the Pump Station Lands are collectively referred to herein as the "Fee Lands "), the Pump Station Deed being attached hereto as Attachment 2 and made a part hereof, related to the Pump Station Project (the Substation Deed and the Pump Station Deed are collectively referred to herein as the "Special Warranty Deeds "); and (iii) an Ingress and Egress Easement (the "Ingress and Egress Easement "), in, along, upon, under, over and across the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Ingress and Egress Easement, the Ingress and Egress Easement being attached hereto as Attachment 3 and made a part hereof, for ingress and egress purposes, as more particularly described therein, related to the Substation Project and (iv) an electric utility and communication easement (the "Electric Utility and Communication Easement "), in, along, upon, under, over and across the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Electric Utility and Communication Easement, the Electric Utility and Communication Easement being attached hereto as Attachment 4 and made a part hereof, for Electric Utility and Communication Easement purposes, as more particularly described therein, related to the Distribution Project and (v) a temporary construction 2 and access easement (the "Temporary Easement "), along, upon, over and across the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Temporary Construction and Access Easement, the Temporary Easement being attached hereto as Attachment 5 and made a part hereof, for Temporary Construction and Access Easement purposes, as more particularly described therein, related to the Distribution Project (all collectively referred to herein as the "Easement Lands "). The (i) Special Warranty Deeds shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1" and "Attachment 2 ", respectively; and (ii) the Ingress and Egress Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 3" (iii) the Electric Utility and Communication Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 4 ", and (iv) the Temporary Construction and Access Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 5" (the Fee Lands and the Easement Lands are collectively referred to herein as the "Property ") B. Owner, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, its successors and assigns, shall not have the right to use or access the surface of the Fee Lands, 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 Fee Lands 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 "other minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface 3 of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term "other 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 Fee Lands" 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. 2. As consideration for the granting and conveying of the Property to the City, the City shall pay to Owner at Closing the sum of Thirty Six Thousand and No /100 Dollars ($36,000.00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation ". 3. The Owner shall convey and grant to the City the Property free and clear of all debts, liens and other encumbrances (the "Encumbrances "). The Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Property, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 10, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 4. 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 damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project and /or the transactions contemplated by this Agreement, value of, damage to and /or costs of repair, replacement and /or relocation of any improvements, turf, landscape, vegetation, or any 4 other structure or facility of any kind within the Easement Lands, interference with Owner's activities on the Easement Lands or other property interests of Owner caused by or related to activities on the Fee Lands related to the Project and /or activities within the scope of the rights granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for herself, her heirs, devisees, successors and assigns, the 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. 5. The Closing (herein so called) shall occur in and through the office of Capital Title of Texas - Urbina, 620 West Hickory Street, Denton, Texas, 76201 ( "Title Company "), with said Title Company acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ( "Closing Date "). In the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The result of such proration is that the Owner 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 Closing Date) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. 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. 7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 5 8.A. 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 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. B. 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 its sole and exclusive remedy, either (i) terminate this Agreement prior 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 TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 10. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing. 11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered and received 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: L OWNER: Burch Family Farm, Ltd. Phone_ Telecopy: Copies to: For Owner: Telecopy: CITY: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 For City: Larry Collister, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382 -7923 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. Time is of the essence with respect to this Agreement. 13. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deeds or Easements. 14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Fee Lands and /or Easement Lands, City may, at its election, terminate this Agreement at any time prior to Closing. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER Date: 2014 F9 ATTEST: JENNIFER WALTERS, CITY SECRETARY Date: 2014 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: '010�'�A)k;� Date: 2014 OWNER: BURCH FAMILY FARM, LTD., a Texas limited partnership C Its: Date: , 2014 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 COMPANY: Capital Title of Texas 620 West Hickory Street Denton, Texas 76201 Telephone: (940) 565 -1919 Telecopy: (940) 565 -1917 M. Printed Name: Title: Contract receipt date: , 2014 ATTACHMENT 1 TO PURCHASE AGREEMENT 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. SPECIAL WARRANTY DEED (Substation Deed) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That BURCH FAMILY FARM, LTD., a Texas limited partnership (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, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described in 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 itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its 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 and gas) 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. Exceptions to conveyance and warranty: [specific exceptions] 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 assigns to WARRANT AND FOREVER DEFEND all and singular 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, by, through or under Grantor, but not otherwise. Page 2 EXECUTED the THE STATE OF TEXAS COUNTY OF day of , 2014. BURCH FAMILY FARM LTD., a Texas limited partnership By: Name: Title: ACKNOWLEDGMENT This instrument was acknowledged before me on , 2014 by , of BURCH FAMILY FARM, LTD., a Texas limited partnership, on behalf of said limited partnership. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, Texas 76209 Page 3 Notary Public, State of Texas My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT "A" LEGAL DESCRIPTION BEING a 1.074 acre tract of land situated in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, Denton County, Texas, and being part of a called 222.275 acre tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document Number 2007 - 110043 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas; THENCE North 88 °54'50" East along the South line of said Lot 1, Block A, for a distance of 231.58 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the Southeast corner of said Lot 1, Block A, said point being the POINT OF BEGINNING for the herein described tract; THENCE North 17 °30'27" East along the East line of said Lot 1, Block A, for a distance of 226.58 feet to a 1/2 inch iron rod found for corner at the Northeast corner of said Lot 1, Block A; THENCE North 70 °04'07" West along the North line of said Lot 1, Block A, for a distance of 288.06 feet to a 1/2 inch iron rod found for corner at the Northwest corner of said Lot 1, Block A, said point also being in the Easterly line of U.S. Highway 377 (a variable width right -of -way); THENCE North 43 °23'16" East along the Easterly line of said U.S. Highway 377, for a distance of 76.31 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 70 °04'07" East departing the Easterly line of said U.S. Highway 377, for a distance of 354.82 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 17 °30'27" West for a distance of 258.76 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 88 °54'50" West for a distance of 105.51 feet to the POINT OF BEGINNING, and containing 1.074 acres of land, more or less. Page 1 of 2 CN 46 Ca U, z U into LU % LU Mi LIJ war cc ZZ III) 10L 10, NM 00 + + + + ++ Btu + 43 + + all + + 11; all 1, A all RH H i 1 5 On Z�; 1, 4- " --j 1 3 0 1 oil Gg:j 11 i5 a 111 win H 4i 8 Q, Est RR -01 Mys 1 tam p J -,- f.— 8 pp 2 Ops 12 Sly I I H L All 1 1 U. z Hip ED its g 1 g H 1 1 g 1 1 oil l 1 L 1 rE 1JU 1 p --. in 1 ! 1 ! a Vs NO 0 Ar s j! "R 1R. 0 u ATTACHMENT 2 TO PURCHASE AGREEMENT 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. SPECIAL WARRANTY DEED (Pump Station Deed) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That BURCH FAMILY FARM, LTD., a Texas limited partnership (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, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described in 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 itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its 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 and gas) 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. Exceptions to conveyance and warranty: [specific exceptions] 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 assigns to WARRANT AND FOREVER DEFEND all and singular 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, by, through or under Grantor, but not otherwise. Page 2 EXECUTED the THE STATE OF TEXAS COUNTY OF day of , 2014. BURCH FAMILY FARM LTD., a Texas limited partnership By: Name: Title: ACKNOWLEDGMENT This instrument was acknowledged before me on , 2014 by , of BURCH FAMILY FARM, LTD., a Texas limited partnership, on behalf of said limited partnership. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, Texas 76209 Page 3 Notary Public, State of Texas My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 WMITRIMM LEGAL DESCRIPTION BEING a 0.627 acre tract of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 196 and the J.W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being part of a called 222.275 acre tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document Number 2007 - 110043 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "McCullah" found for corner in the Westerly line of the G.C. & S.F. Railroad (a variable width right -of -way), said point being the occupied Northeast corner of the above cited 222.275 acre tract, said point also being the occupied Southeast corner of a called 37.87 acre tract of land described in a Deed to Connie M. Altemus, as recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas; THENCE South 35 021'14" East along the Easterly line of said 222.275 acre tract and the Westerly line of said Railroad, for a distance of 794.39 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the most Easterly Northeast corner of said 222.275 acre tract, said point also being in the West line of F.M. Highway No. 1830 (an 80' wide right -of -way also known as Country Club Road); THENCE South 00 °48'32" East along the West line of said F.M. Highway No. 1830, for a distance of 50.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner, from which a 1/2 inch iron rod with cap stamped "Coleman RPLS 4001" found for reference bears South 00 °48'32" East a distance of 440.92 feet; THENCE North 74 °41'47" West departing the West line of said F.M. Highway No. 1830, for a distance of 41.64 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 27 °14'34" West for a distance of 175.42 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 35 °21'14" West for a distance of 651.04 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner in the North line of said 222.275 acre tract and the South line of said 37.87 acre tract, from which a 1/2 inch iron rod with cap found for an interior corner of said 222.275 acre tract bears North 89 056'57" West a distance of 802.49 feet; THENCE South 89 °56'57" East along the North line of said 222.275 acre tract and the South line of said 37.87 acre tract, for a distance of 36.81 feet to the POINT OF BEGINNING, and containing 0.627 acres of land, more or less. 091r CONNIE M. ALTEMUS \ CALLED 37.87 AC. VOL.901 PG.777 20' RIGHT -OF -WAY AND ESMT. D.R.D.C.T. CROSSTEX DC GATHERING 20' INGRESSIEGRESS ESMT. COMPANY, J.V. DOC. NO. 2003- 137250 PART (A) VOL. 1913, PG. 747 S 89 , - E POINT OF 0.4 3°656'57 Co .M C. IRF.P.R.D.C.T. BEGINNING BARB WRE A .81' R a CIRF -- -- ---- --- - -\.Y' �'a \ 20' RIGHT -OF -WAY AND ESMT. \ CROSSTEX DC GATHERING V COMPANY, J.V. COMPANY, PART (A) DOC, NO. 2012 -93849 DOC. NO. 2012-93849 2 -938 9R.P.R.D.C.T. ' I R.P.R.D.C.T. BURCH FAMILY FARM, LTD. LEGEND CONNIE M. ALTEMUS CALLED 12.48 AC. VOL.901 PG.774 —' x D.R.D.C.T. 112 so. '- GAS GAS MARKER MARKERS 'CROSSTEX' APPROXIMATE SURVEYLINR ii 0.627 ACRE TRACT SITUATED IN THE B.B.B. & C. R.R. CO. SURVEY, ABSTRACT NO. 1196 AND THE J.W. WITHERS SURVEY, ABSTRACT NO. 1343 DENTON COUNTY, TEXAS # t P league Hall 8L perkins tn 1517 Centre Plow Drive, Suite 320 Denton, Texas 76205 940 383.4177 ph 940.383.8026 fz www.tnpinc.com T.B.P.L.S. Firm No. 10011601 SHEET 1 OF 1 TNP NO. DEN14117 O • PP V`r A; sr O OG,A •Oaf ti A oos� O 9 2S 0, O � I I ....W m :3<V O 1 o > I 4 0, ''A Ir — BARB WIRE FENCE VALVE SIT 20' RIGHT -OF -WAY AND ESMT. I j CROSSTEX COMPANY, DOC. NO. 2012-93849 2 -938 9R.P.R.D.C.T. ' I 1� BURCH FAMILY FARM, LTD. CALLED 1.457 AC. SECOND TR. DOC. NO. 2007- 110043 R.P.R.D.C.T. , APPROX. LOCATION OF 20' PERMANENT ESMT. I ' CROSSTEX CCNG TRANSMISSION, LTD. I j •� VOL, 5312, PG. 3937 I R.P.R.D.O.T. O • PP V`r A; sr O OG,A •Oaf ti A oos� O 9 2S 0, O � I I ....W m :3<V O 1 o > I 4 0, ''A s 1� N 74 °41'47" W 41.64' m U } O C Q) co r Q FE i lz 0 0 N 0 a 0 3 a I I I I I I 1 I 1 I I I I I I I I I I 1 1 1 1 I I I I I I I I I I 1 m TELE -VAULT I Fi lV I � O U a w W LL w I N � W �I3 1 < ev W e O m o � jX 112 CIRF. GM. 'COLEMAN R.P. L.S. 4001' tttJJJ ATTACHMENT 3 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. INGRESS AND EGRESS EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Burch Family Farm, Ltd., A Texas limited partnership, (GRANTOR), in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, (GRANTEE), receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by GRANTOR and situated in Denton County, Texas, situated in the J. Severe Survey, Abstract No. 1164, as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part hereof. And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, may remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of ingress and egress in, along, upon and across said premises, with the right and privilege at all times of the GRANTEE herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises or any part thereof. GRANTEE shall have the right to grade, pave and maintain pavement improvements at GRANTEE'S discretion within the above described tract, but is under no obligation to do so. GRANTOR shall have the right to grade, pave and maintain pavement improvements at GRANTOR's discretion within the above described tract but is under no obligation to do so. GRANTOR shall not be liable for damages to pavement improvements installed at GRANTEE's discretion. GRANTEE shall not be liable for damages to pavement improvements installed at GRANTOR's discretion. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness its hand, this day of , 2014. GRANTOR: BURCH FAMILY FARM, LTD. a Texas limited partnership C Its: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument is acknowledged before me, on this by , Ltd., a Texas limited partnership. day of , 2014 by on behalf of Burch Family Farm, Notary Public, in and for the State of My Commission Expires: 2 Accepted this day of , 2014 for the City of Denton, Texas (Resolution No. 91 -073). NOW Paul Williamson Real Estate & Capital Support Manager AFTER RECORDING RETURN TO: City of Denton Real Estate and Capital Support 901 -A Texas Street, Second Floor Denton, Texas 76209 EXHIBIT "A" LEGAL DESCRIPTION 60' WIDE INGRESS & EGRESS EASEMENT Burch Family Farm Ltd. Tract BEING a 0.476 acre tract of land situated in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, and being part of a called 222.275 acre tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document Number 2007 - 110043 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 112 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas; THENCE North 88 054'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod with cap stamped "TNP" set for the Southeast corner of said Lot 1, Block A at a distance of 231.58 feet, and continuing for a total distance of 337.09 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 17 030'27" West for a distance of 63.30 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 88 054'50" West along a line being 60 feet South of and parallel to the South line of said Lot 1, Block A, for a distance of 321.52 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 26 035'12" West for a distance of 66.48 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 88 054'50" East for a distance of 33.24 feet to the POINT OF BEGINNING, and containing 0.476 acres of land, more or less. 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I qµ � '_m I v `t Z m m n� D V W Q O zCh21a0 ? Ci' \ \ � I i x r � 0 m LO LO O w Ft a �OCa S Z M_ ca ul 6�iF- Z (J) Z W 0 � '_m v `t Z m m n� D V W Q O zCh21a0 ? 0 Q /{q r�Ty Re�K w w w N V� fn w t� O G NNL O L,- NQrLi i -NrpC] I t�o0Ci w U) Z m v N � EO m �o + N '1UN OLL !� z o a 0 g. 0 ° > .�z � � o m w co a m > N a U)O� � @Upx m°< oa O m ro C°y !f7 o W V M •O O Q..n' i M c =M a d �o � � M � � d r rte; .eR I :I Ip:� m n� D c-, : OtO �,nr wcio t� O G NNL O L,- NQrLi i -NrpC] I t�o0Ci I :I �,nr wcio t� O G NNL O L,- NQrLi i -NrpC] I t�o0Ci N T C �NrN� ��00 N � -- LSO 0 2 fn d o�o� I moon: — :3 F ci N U J� �z� J � O I o 'a N 'p .� m a + — > O O ,� N i r 0 t� ry ATTACHMENT 4 TO PURCHASE AGREEMENT 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. ELECTRIC UTILITY AND COMMUNICATION EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Burch Family Farm, Ltd., a Texas limited partnership (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, non - exclusive and unobstructed easements and rights of way (collectively, the "EASEMENT ") for the purposes of erecting, operating, maintaining and servicing thereon one or more underground and /or above ground electric distribution power and /or communication lines, each consisting of a variable number 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 "FACILITIES "), in, on, over, under and across that certain real property situated in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, being approximately 1.802 acres and being more particularly described in Exhibit "A ", and depicted in Exhibit "B ", respectively, each attached hereto and incorporated into and made a part of this document by reference (the "EASEMENT PROPERTY ") GRANTEE shall have the right of ingress, egress and 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 grant, 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. GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to install gates in existing fences within such EASEMENT PROPERTY. GRANTOR, for itself, its 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 non - 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 GRANTOR'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 absolute discretion of GRANTEE. 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 2 ( "UNPERMITTED STRUCTURES ") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED STRUCTURES on the EASEMENT PROPERTY, and if any UNPERMITTED 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. The EASEMENT, and all covenants and provisions hereof, shall constitute covenants running with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and their respective successors, and assigns. This EASEMENT is subject to the terms of that certain Purchase Agreement, dated 2014, by and between GRANTOR and GRANTEE. 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. WITNESS THE EXECUTION HEREOF as the day of , 2014. E!� LX, 9I W.� BURCH FAMILY FARM, LTD. a Texas limited partnership ME Its: 3 THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT L1 This instrument is acknowledged before me, on this by , Ltd., a Texas limited partnership. day of , 2014 by on behalf of Burch Family Farm, Notary Public, in and for the State of My Commission Expires: AFTER RECORDING RETURN TO: City of Denton — Engineering Department Real Estate and Capital Support 901 -A Texas Street, 2nd Floor Denton, Texas 76209 Attn: Paul Williamson M 1 • • I LEGAL DESCRIPTION ELECTRIC EASEMENT Burch Family Farm, Ltd. Tract BEING a 1.802 acre tract of land situated in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, and being part of a called 222.275 acre tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document Number 2007 - 110043 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas; THENCE North 88 054'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod with cap stamped "TNP" set for the Southeast corner of said Lot 1, Block A at a distance of 231.58 feet, and continuing for a total distance of 337.08 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 17 03027" East along a line being 100 feet East of and parallel to the East line of said Lot 1, Block A, for a distance of 81.73 feet to the POINT OF BEGINNING for the herein described tract; THENCE North 17 030'27" East continuing along said line being 100 feet East of and parallel to the East line of said Lot 1, Block A, for a distance of 36.85 to a point for corner; THENCE North 89 °17'42" East for a distance of 1322.97 feet to a point for corner at an angle point; THENCE North 73 000'14" East for a distance of 910.20 feet to a point for corner at an angle point; THENCE South 89 °26'11" East for a distance of 4.61 feet to a point for corner in the most Northerly East line of the above cited 222.275 acre tract, said point also being in the West line of a called 37.87 acre tract of land described in a Deed to Connie M. Altemus, as recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas; THENCE South 00 044'19" East along the most Northerly East line of said 222.275 acre tract and the West line of said 37.87 acre tract, for a distance of 35.01 feet to a 1/2" square pipe found for corner at an ell corner of said 222.275 acre tract and the Southwest corner of said 37.87 acre tract; THENCE South 73 000'14" West for a distance of 909.80 feet to a point for corner at an angle point; THENCE South 89 °17'42" West for a distance of 1339.50 feet to the POINT OF BEGINNING, and containing 1.802 acres of land, more or less. 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Roark Survey, Abstract No. 1087, as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part hereof. SEE ATTACHED EXHIBITS "A" AND `B' TEMPORARY CONSTRUCTION EASEMENT And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, may remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of access and construction activities in, along, upon and across said premises. The City of Denton, its agents, employees, workmen and representative shall have ingress, egress, and regress in, along upon and across said premises for the purpose of access and construction activities or any part thereof. The terms of this grant shall expire 1 year from the date of execution. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hands, this the _day of , 2014. GRANTORS Its: Burch Family Farm, Ltd. a Texas limited partnership ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF § This instrument is acknowledged before me; on this , 2014 by , on behalf of Burch Family Farm, Ltd., a Texas limited partnership Accepted this day of (Resolution No. 91 -073). .0 Notary Public in and for State of Texas day of 2014 for the City of Denton, Texas Paul Williamson Real Estate and Capital Support Manager EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Burch Family Farm, Ltd. Tract BEING a 1.793 acre tract of land situated in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, and being part of a called 222.275 acre tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document Number 2007 - 110043 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas; THENCE North 88 054'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod with cap stamped "TNP" set for the Southeast corner of said Lot 1, Block A at a distance of 231.58 feet, and continuing for a total distance of 337.08 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 17 °30'27" East along a line being 100 feet East of and parallel to the East line of said Lot 1, Block A, for a distance of 118.64 feet to the POINT OF BEGINNING for the herein described tract;; THENCE North 17 °30'27" East for a distance of 36.85 feet to a point for corner; THENCE North 89 °17'42" East for a distance of 1306.45 feet to a point for corner at an angle point; THENCE North 73 °00'14" East for a distance of 910.59 feet to a point for corner at an angle point; THENCE South 89 °26'11" East for a distance of 9.22 feet to a point for corner in the most Northerly East line of the above cited 222.275 acre tract, said point also being in the West line of a called 37.87 acre tract of land described in a Deed to Connie M. Altemus, as recorded in Volume 901, Page 777 of the Deed Records of Denton County, Texas; THENCE South 00 044'19" East along the most Northerly East line of said 222.275 acre tract and the West line of said 37.87 acre tract, for a distance of 35.01 feet to a point for corner, from which a 1/2" square pipe found at an ell corner of said 222.275 acre tract and the Southwest corner of said 37.87 acre tract bears South 00 °44'19" East a distance of 35.01 feet; THENCE North 89 °26'11" West departing the most Northerly East line of said 222.275 acre tract and the West line of said 37.87 acre tract, for a distance of 4.61 feet to a point for corner at an angle point; THENCE South 73 °00'14" West for a distance of 910.20 feet to a point for corner at an angle point; THENCE South 89 017'42" West for a distance of 1322.97 feet to the POINT OF BEGINNING, and containing 1.793 acres of land, more or less. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN", IN File #: ID 14 -0413, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Engineering Services CM/ ACM: Jon Fortune Date: August 5, 2014 SUBJECT Consider adoption of an ordinance providing authorization for and ratification of a License Agreement with Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating a sanitary sewer line crossing the Northwest Denton Line northwest of Lakeview Blvd.; and providing an effective date. BACKGROUND The Classic Used Car Denton (4984 Partners, Ltd.) development requires an extension of sanitary sewer force main across the rail corridor property owned by Dallas Area Rapid Transit (DART). The developer requested DART's permission for the proposed crossing in March 2014. DART conducted a technical review of the construction plans for the proposed utility crossing and approved the plans in June 2014. Upon acceptance by the City of the installation of the sanitary sewer improvements within the DART corridor, those improvements will be accepted as public improvements, to be operated and maintained by the Wastewater Utilities Department. A License Agreement is required as formal authorization by DART for encroachments within their corridor. One of the requirements of the contemplated License Agreement is an Annual License Fee for usage. A companion Reimbursement Agreement is needed to establish the terms in which the applicant (4984 Partners, Ltd.) will annually reimburse the City for the recurring license fee payment to DART. That Reimbursement Agreement is also included in the August 5, 2014 City Council meeting agenda for Council consideration. OPTIONS 1. Approve the proposed ordinance. 2. Decline to approve the proposed ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Classic Used Car Denton has completed installation of the required sanitary sewer force main across the DART corridor. They are presently open for business. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0413, Version: 1 PRIOR ACTION /REVIEW (Council, Boards, Commissions) The subject Agenda Item was removed from consideration at the City Council meeting of July 15, 2014, because final form documents were not yet available. FISCAL INFORMATION DART's required Annual License Fee will be reimbursed to the City by Classic Used Car Denton, or any successor in title to the land presently occupied by the car dealership, per the terms of the companion Reimbursement Agreement. EXHIBITS 1. Location Map 2. Ordinance Respectfully submitted: John T. Davis, P.E. Director, Engineering Services Prepared by: Paul Williamson Real Estate Manager City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit 1 to AIS - Location Map - DART License � � 1111 111111 mill r' �Illllll,llll,lllil 111111111 � If a am 1��)roposed Lftht Crosshing �� r,1 July 11, 2014 1:4,800 sAlegal \our documents \ordinances \14 \dart license agreement ordinance.docx ORDINANCE NO. AN ORDINANCE PROVIDING AUTHORIZATION FOR AND RATIFICATION OF A LICENSE AGREEMENT WITH DALLAS AREA RAPID TRANSIT FOR THE PURPOSES OF CONSTRUCTING, INSTALLING, MAINTAINING, AND OPERATING A SANITARY SEWER LINE CROSSING THE NORTHWEST DENTON LINE NORTHWEST OF LAKEVIEW BLVD.; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the health, safety and welfare of its citizens; NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds that: A. 4984 Partners, Ltd., ( "Developer ") is the owner of real property in the City of Denton, Denton County, Texas, described as Lot 1, Block A, Classic Cars Addition, an Addition to the City of Denton, Denton County, Texas, according to the plat recorded at Document No. 2014 -266, Plat Records, Denton County — County Clerk, Denton County, Texas ( "Property "). B. The Property is suitable for development but was without sewage disposal services. C. The City owns and operates sanitary sewer systems throughout the city ( "City Sewer Systems "). D. The Developer, at its sole cost and expense, has designed, constructed (or will have constructed) and installed (or will have installed) the necessary valves, services, sewage pumping station, force main, gravity sewer mains, manholes, laterals and other needed improvements at its expense to provide sewage disposal service to the Property through the City Sewer Systems. E. To obtain sewage disposal service to the Property the Developer has installed (or will have installed) a sanitary sewer line from the Property through City park property and under Dallas Area Rapid Transit ( "DART ") rail property and connect the same to the City Sewer Systems. F. To accommodate the connection of the sanitary sewer line from the Property to the City Sewer Systems the City granted permission to the Developer to construct the sanitary sewer line on City park property and obtained a license from DART for the same to be constructed under DART rail property. G. The license agreement between the City and DART requires that the license agreement be renewed annually and that an annual license fee not less than sAlegal \our documents \ordinances \14 \dart license agreement ordinance.docx $1,695.00 be paid by the City ( "License Agreement "; A copy of the License Agreement is attached as Exhibit "A ".). H. The sanitary sewer line constructed by Developer on City park property and under DART rail property is for the sole and exclusive use of the Property. However, after the completion and construction of the sanitary sewer line, the portion of the sanitary sewer line located on City park property and DART rail property will be owned and maintained by the City. I. In order to provide sewage disposal services to the Property the Developer has agreed to reimburse the City for each annual license fee the City pays to DART. J. The only reason the City has entered into the License Agreement with DART is the agreement of the Developer to reimburse the City for each annual license fee it pays to DART. SECTION 2. The City Council of the City of Denton authorizes and ratifies the License Agreement between the City of Denton and Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining and operating one 3 -inch sanitary sewer line within one 8- inch steel casing crossing the Northwest Denton Line approximately 1,723 feet northwest of Lakeview Blvd. The City Manager, or his designee, is authorized to execute this License Agreement on behalf of the City. SECTION 3. The City Council does approve, ratify, affirm and accept the action taken by the City Manager on July 16, 2014 in executing the License Agreement, attached as Exhibit "A," on behalf of the City. This ratification by City Council does in all aspects affirm, approve and confirm the execution of License Agreement as if it were by the adoption of this Ordinance on that date. SECTION 4. To the extent any other Ordinance or Resolution is inconsistent with the provisions herein it is repealed and superseded by the provisions of this Ordinance. SECTION 5. This ordinance shall take effect from and after its adoption and relate back and give full effect and lawful authority to the action of the City Manager executing the License Agreement on July 16, 2014. PASSED AND APPROVED this the day of , 2014. CHRIS WATTS, MAYOR sAlegal \our documents \ordinances \14 \dart license agreement ordinance.docx ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Exhibit A AGREEMENT NO. 220719 LICENSE AGREEMENT THIS Agreement ( "License "), is made by and between DALLAS AREA RAPID TRANSIT ( "Licensor "), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act ") and CITY OF DENTON ( "Licensee "), a Texas home rule municipal corporation acting herein by and through its duly authorized official, whose mailing address is 215 E. McKinney Street, Denton, 'Texas 76201. Pursuant to an agreement between Licensor and Dallas, Garland and Northeastern Railroad Company, (hereinafter the "Railroad "), freight railroad operations exist on Licensor's corridor. Pursuant to an agreement between Licensor and Denton County Transportation Authority (DCTA), passenger operations exist on Licensor's corridor. Licensor contracts with Herzog Transit Services, Inc. to provide the DCTA passenger service and Railroad maintenance. 1. Purpose. Licensor hereby grants a license (the "License ") to Licensee for the purposes of constructing, installing, maintaining and operating one 3 -inch HDPE sanitary sewer line within one 8 -inch steel casing (the "Permitted Improvement ") crossing the Northwest Denton Line approximately 1,723 feet northwest of Lakeview Boulevard, at Mile Post 726.23, in Denton, Denton County, Texas, more particularly described as shown in Exhibit "A ", dated June 2014, attached hereto and incorporated herein for all pertinent purposes, (the "Property "). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use "). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. The effective date ( "Effective Date ") of this License shall begin on the later of the dates when signed by the Licensor or Licensee. 2.01. Primary Term. The primary term of this License shall be one (1) year from the Effective Date of the same, and renewable annually as provided herein. 2.02. Right to Renew. The Licensee shall have the right to renew the License annually. 2.03. Renewal Presumed. This License is presumed to be renewed annually, subject to the payment of the consideration as required herein, , unless the Licensee gives written notice to Licensor of earlier termination no later than ninety (90) days prior to the expiration of the term. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor the sum of ONE THOUSAND SIX HUNDRED NINETY FIVE AND NO /100 ($1,695.00) DOLLARS per annum, payable annually in advance (the "License Fee "), and (b) the performance by Licensee of each of the obligations undertaken by Licensee in this License, PROVIDED, HOWEVER, that the "License Fee" shall be adjusted annually as follows: a) The adjustment and change in the License Fee shall be determined according to the cost of living changes in the Consumer Price Index for All Urban Consumers — (CPI -U), Dallas -Fort Worth, TX., "All Items ", as published by the Bureau of Labor Statistics, U.S. Department of Labor (the "CPI Index "). Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 1 of 6 Mile Post 726.23 b) The CPI Index figure for the month of July 2014 is hereby fixed and established as the Base Index Figure in the computation of adjustment of rentals herein provided. At the commencement of each annual period as provided herein, the CPI Index for the month of March of such year shall be ascertained and noted and the rent for the next annual period shall be adjusted by increasing or decreasing the License Fee, percentage -wise as the CPI Index for the month of March has increased or decreased as compared with the Base Index Figure as herein fixed, PROVIDED HOWEVER, that under no circumstances shall the License Fee ever be less than $1,695.00 per year. c) If any time during the term hereof the U.S. Bureau of Labor Statistics shall discontinue the issuance of the CPI Index, the parties shall use any other standard nationally recognized cost - of- living index for the Dallas -Fort Worth area then issued and available, which is published by the U.S. Government. d) Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. e) It shall be the obligation of the Licensor to calculate the License Fee annually and invoice the Licensee 30 days prior to each anniversary date of the Effective Date of this License. The invoice shall be mailed to the Director of Finance, City of Denton, 215 E. McKinney St., Denton, Texas 76201. 3.02. The payment shall be due on each anniversary date of the Effective Date of this License. 3.03. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the term of this License. 3.04. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of $25.00 to help offset the administrative cost involved in handling such late payment. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. 4. Non Exclusive License. This License is non- exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 2 of 7 Mile Post 726.23 shall be made a part of the design and construction of the Permitted improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ( "as- builts ") that are signed and scaled by a Texas Professional Engineer within sixty ( "60 ") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company - issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If the Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and /or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), the Resource Conservation and Recovery Act ( "RCRA "), the Clean Water Act ( "CWA ") and the Clean Air Act ( "CAA "). Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 3 of 7 Mile Post 726.23 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed ") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance ", "release ", "solid waste ", or "disposal ", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor, Railroad, DCTA and Herzog Transit Services, Inc. harmless, to the extent allowed by law applicable to Texas home -rule municipalities, against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. H. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licenser's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of one hundred eighty (180) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 4 of 7 Mile Post 726.23 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless, to the extent allowed by law applicable to Texas home -rule municipalities, from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless, to the extent allowed by law applicable to Texas home -rule municipalities, against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party one hundred eighty (180) days written notice; or. 19.03. By expiration of the term of the License without further renewal. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202 -7210 Dallas, Texas 75266 -7210 ATTN: Railroad Management Denton -NW of Lakeview Blvd, Sanitary Sewer Line Page 5 of 7 Mile Post 726.23 LICENSEE: City of Denton 215 E. McKinney Street Denton, Texas 76102 Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound, This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. "file purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. Counterparts. The parties may execute this Agreement in multiple originals and when taken together, those originals constitute a whole. Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 6 of 7 Mile Post 726.23 IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date last signed. LICENSOR: DALLAS AREA RAPID TRANSIT BY: no � r%r\.&- /�t.t��7 NOR A DE LA GARZA- AVARRO Vice President Commu r Rail & Railroad anagement Date: / 7 I LICENSEE: CITY OF DENTON GEORGE C. CAMPBELL City Manager Date: Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 7 of 7 Mile Post 726.23 him IM x a A ahb3 / s +d(�ttF Ye�Gee Ei °�� II II'��i' W hh \ ea nyot l � q$b R RR all"`, It 411 1 ei'h� a b i gg h p;y i U U U a it Ilk I c� }Ytzr mob. ! C I i 1\ se 1 -Sac wl" eJvff.ff I MAN AVy,- IVns — -- 4 :Z^M1 I N fi 1IY1 K lOt ' GI lOty' � K 30l I I rt, t�t� GL XfOl9 I I fy��I�K�� ^R �[8 _I a F- m x w ad z mR 5 Y �W vn��mF C W W OG ��FV• U) N° E v �2 a F u i ry a �'•'�t� a bkY ieLL '7d 'A 'BfJ) T� b I GC rrvoad lv �,nxaaa 3iu fi Q ( .1 i'� 0, w w z J W y1 Q e City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN", IN File #: ID 14 -0414, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Engineering Services CM/ ACM: Jon Fortune Date: August 5, 2014 SUBJECT Consider adoption of an ordinance providing authorization for the City Manager or his designee to execute a Reimbursement Agreement with 4984 Partners, Ltd. for the purposes of 4984 Partners, Ltd. reimbursing the City for an annual license fee payable by the City to Dallas Area Rapid Transit for the purposes of constructing, installing, maintaining, and operating a sanitary sewer line crossing the Northwest Denton Line northwest of Lakeview Blvd.; and providing an effective date. BACKGROUND The Classic Used Car Denton (4984 Partners, Ltd.) development requires an extension of sanitary sewer force main across the rail corridor property owned by Dallas Area Rapid Transit (DART). The developer requested DART's permission for the proposed crossing in March 2014. DART conducted a technical review of the construction plans for the proposed utility crossing and approved them in June 2014. Upon acceptance by the City of the installation of the sanitary sewer improvements within the DART corridor, those improvements will be accepted as public improvements, to be operated and maintained by the Wastewater Utilities Department. A License Agreement is required for formal authorization by DART for encroachments within their corridor. That License Agreement is also included on the August 5, 2014 City Council meeting agenda for Council consideration. One of the requirements of the proposed License Agreement is an Annual License Fee for usage. This proposed Reimbursement Agreement is needed to establish the terms under which the applicant (4984 Partners, Ltd.) will annually reimburse the City for the recurring license fee payment to DART. OPTIONS 1. Approve the proposed ordinance. 2. Decline to approve the proposed ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Classic Used Car Denton has completed installation of the sanitary sewer force main across the DART corridor. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0414, Version: 1 They are presently open for business. PRIOR ACTION /REVIEW (Council, Boards, Commissions) None. FISCAL INFORMATION DART's required Annual License Fee will be borne by Classic Used Car Denton, or any successor in title to the land presently occupied by the car dealership, per the terms of the proposed Reimbursement Agreement. EXHIBITS 1. Location Map 2. Ordinance Respectfully submitted: John T. Davis, P.E. Director, Engineering Services Prepared by: Paul Williamson Real Estate Manager City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl EXHIBIT 1 - Location Map - 4984 Partners Reimbursement Agreement 01A J I I Y, N D lS el V4 II nu, IN 11 1 ..... ........ .. . ........ .. ..... ....... 4984 a 11, 1 in, e ii'�' s .... . ............ ii, c ........................... CIas§c Cars Addbon "WN �11\ I ,ho 441111 RN July 11, 2014 1:4,800 sAlegal \our documents \ordinances \14 \4984 reimbursement agreement ordinance.doex ORDINANCE NO. AN ORDINANCE PROVIDING AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A REIMBURSEMENT AGREEMENT WITH 4984 PARTNERS, LTD. FOR THE PURPOSES OF 4984 PARTNERS, LTD. REIMBURSING THE CITY FOR AN ANNUAL LICENSE FEE PAYABLE BY THE CITY TO DALLAS AREA RAPID TRANSIT FOR THE PURPOSES OF CONSTRUCTING, INSTALLING, MAINTAINING, AND OPERATING A SANITARY SEWER LINE CROSSING THE NORTHWEST DENTON LINE NORTHWEST OF LAKEVIEW BLVD.; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the health, safety and welfare of its citizens; NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds that: A. 4984 Partners, Ltd., ( "Developer ") is the owner of real property in the City of Denton, Denton County, Texas, described as Lot 1, Block A, Classic Cars Addition, an Addition to the City of Denton, Denton County, Texas, according to the plat recorded at Document No. 2014 -266, Plat Records, Denton County — County Clerk, Denton County, Texas ( "Property "). B. The Property is suitable for development but was without sewage disposal services. C. The City owns and operates sanitary sewer systems throughout the city ( "City Sewer Systems "). D. The Developer, at its sole cost and expense, has designed, constructed (or will have constructed) and installed (or will have installed) the necessary valves, services, sewage pumping station, force main, gravity sewer mains, manholes, laterals and other needed improvements at its expense to provide sewage disposal service to the Property through the City Sewer Systems. E. To obtain sewage disposal service to the Property the Developer has installed (or will have installed) a sanitary sewer line from the Property through City park property and under Dallas Area Rapid Transit ( "DART ") rail property and connect the same to the City Sewer Systems. F. To accommodate the connection of the sanitary sewer line from the Property to the City Sewer Systems the City granted permission to the Developer to construct the sanitary sewer line on City park property and obtained a license from DART for the same to be constructed under DART rail property. sAlegal \our documents \ordinances \14 \4984 reimbursement agreement ordinance.doex G. The license agreement between the City and DART requires that the license agreement be renewed annually and that an annual license fee not less than $1,695.00 be paid by the City ( "License Agreement "; A copy of the License Agreement is attached as Exhibit "A ".). H. The sanitary sewer line constructed by Developer on City park property and under DART rail property is for the sole and exclusive use of the Property. However, after the completion and construction of the sanitary sewer line, the portion of the sanitary sewer line located on City park property and DART rail property will be owned and maintained by the City. I. In order to provide sewage disposal services to the Property the Developer has agreed to reimburse the City for each annual license fee the City pays to DART. J. The only reason the City has entered into the License Agreement with DART is the agreement of the Developer to reimburse the City for each annual license fee it pays to DART. K. The City entered into the License Agreement with DART on July 17, 2014. SECTION 2. The City Manager, or his designee, is authorized (a) to execute (i) the City of Denton Reimbursement Agreement, between the City and Developer, in the form attached as Exhibit "B "; and (ii) any other documents necessary for closing the transactions contemplated by the Agreement. SECTION 3. To the extent any other Ordinance or Resolution is inconsistent with the provisions herein it is repealed and superseded by the provisions of this Ordinance. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2014. CHRIS WATTS, MAYOR s: \legal \our documents \ordinances \14 \4984 reimbursement agreement ordinance.docx ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Exhibit A to Ordinance LICENSE AGREEMENT AGREEMENT NO. 220719 THIS Agreement ( "License "), is made by and between DALLAS AREA RAPID TRANSIT ( "Licensor "), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act ") and CITY OF DENTON ( "Licensee "), a Texas home rule municipal corporation acting herein by and through its duly authorized official, whose mailing address is 215 E. McKinney Street, Denton, Texas 76201. Pursuant to an agreement between Licensor and Dallas, Garland and Northeastern Railroad Company, (hereinafter the "Railroad "), freight railroad operations exist on Licensors corridor. Pursuant to an agreement between Licensor and Denton County Transportation Authority (DCTA), passenger operations exist on Licensors corridor. Licensor contracts with Herzog Transit Services, Inc. to provide the DCTA passenger service and Railroad maintenance. 1. Purpose. Licensor hereby grants a license (the "License ") to Licensee for the purposes of constructing, installing, maintaining and operating one 3 -inch HDPE sanitary sewer line within one 8 -inch steel casing (the "Permitted Improvement ") crossing the Northwest Denton Line approximately 1,723 feet northwest of Lakeview Boulevard, at Mile Post 726.23, in Denton, Denton County, Texas, more particularly described as shown in Exhibit "A ", dated June 2014, attached hereto and incorporated herein for all pertinent purposes, (the "Property "). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (the "Permitted Use "). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. The effective date ( "Effective Date ") of this License shall begin on the later of the dates when signed by the Licensor or Licensee. 2.01. Primary Term. The primary term of this License shall be one (1) year from the Effective Date of the same, and renewable annually as provided herein. 2.02. Right to Renew. The Licensee shall have the right to renew the License annually. 2.03. Renewal Presumed. This License is presumed to be renewed annually, subject to the payment of the consideration as required herein, , unless the Licensee gives written notice to Licensor of earlier termination no later than ninety (90) days prior to the expiration of the term. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor the sum of ONE THOUSAND SIX HUNDRED NINETY FIVE AND NO /100 ($1,695.00) DOLLARS per annum, payable annually in advance (the "License Fee "), and (b) the performance by Licensee of each of the obligations undertaken by Licensee in this License, PROVIDED, HOWEVER, that the "License Fee" shall be adjusted annually as follows: a) The adjustment and change in the License Fee shall be determined according to the cost of living changes in the Consumer Price Index for All Urban Consumers — (CPI -U), Dallas -Fort Worth, TX., "All Items ", as published by the Bureau of Labor Statistics, U.S. Department of Labor (the "CPI Index "). Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page I of 6 Mile Post 726.23 b) The CPI Index figure for the month of July 2014 is hereby fixed and established as the Base Index Figure in the computation of adjustment of rentals herein provided. At the commencement of each annual period as provided herein, the CPI Index for the month of March of such year shall be ascertained and noted and the rent for the next annual period shall be adjusted by increasing or decreasing the License Fee, percentage -wise as the CPI Index for the month of March has increased or decreased as compared with the Base Index Figure as herein fixed, PROVIDED HOWEVER, that under no circumstances shall the License Fee ever be less than $1,695.00 per year. c) If any time during the term hereof the U.S. Bureau of Labor Statistics shall discontinue the issuance of the CPI Index, the parties shall use any other standard nationally recognized cost - of- living index for the Dallas -Fort Worth area then issued and available, which is published by the U.S. Government. d) Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. e) It shall be the obligation of the Licensor to calculate the License Fee annually and invoice the Licensee 30 days prior to each anniversary date of the Effective Date of this License. The invoice shall be mailed to the Director of Finance, City of Denton, 215 E. McKinney St., Denton, Texas 76201. 3.02. The payment shall be due on each anniversary date of the Effective Date of this License. 3.03. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the term of this License. 3.04. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of $25.00 to help offset the administrative cost involved in handling such late payment. For any payment not received by Licensor by the 15th day after it is clue, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. 4. Non Exclusive License. This License is non- exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or coin nunication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 2 of 7 Mile Post 726.23 shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall continence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ( "as- builts ") that are signed and sealed by a Texas Professional Engineer within sixty ( "60 ") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company- issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. S. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If the Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and /or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), the Resource Conservation and Recovery Act ( "RCRA "), the Clean Water Act ( "CWA ") and the Clean Air Act ( "CAA "). Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 3 of 7 Mile Post 726.23 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste oil or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed ") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance ", "release ", "solid waste ", or "disposal ", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor, Railroad, DCTA and Herzog Transit Services, Inc. harmless, to the extent allowed by law applicable to Texas home -rule municipalities, against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10, Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of one hundred eighty (180) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted Improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 4 of 7 Mile Post 726.23 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless, to the extent allowed by law applicable to Texas home -rule municipalities, from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless, to the extent allowed by law applicable to Texas home -rule municipalities, against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights tinder this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party one hundred eighty (180) days written notice; or. 19.03. By expiration of the term of the License without further renewal. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202 -7210 Dallas, Texas 75266 -7210 ATTN: Railroad Management Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 5 of 7 Mile Post 726.23 LICENSEE: City of Denton 215 E. McKinney Street Denton, Texas 76102 Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. Counterparts. The parties may execute this Agreement in multiple originals and when taken together, those originals constitute a whole. Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 6 of 7 Mile Post 726.23 IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date last signed. LICENSOR: DALLAS AREA RAPID TRANSIT BY: O(tY\fx ejall" e) NOR A DE LA G RZA- AVARRO Vice President Comma r Rail & Railroad anagement Date: '? - / 7 I LICENSEE: CITY OF DENTON GEORGE C. CAMPBELL City Manager Date: Denton-NW of Lakeview Blvd. Sanitary Sewer Line Page 7 of 7 Mile Post 726.23 11 I 1 I u YHo B�LYter I I s��b e CI 3 �i �kg IRS; In k Rik gibs q ® a @ .. e Z y aa5 s § fi'°fti It E # °f@g�����Ili' Emu i3lc� �:I��bd 3ASY � � eI g$ 3R ��e� aY�� \ 8 [ •�e�' cy u uw/ /. 11 I 1 I u YHo B�LYter I I 1 a I � I kr i b � eiz R I r 1 I 1 I I 1 I I I r F -pip saes y Spp y 117Y F �� 1\ bIs 1 \ \ S gig! w141 ax_ 1 s a! f_ 15 �. �aa 5 o W ` • CC m v °wto a K O W N t U) LU w _.I F a ®Q r7 y i3 �a a"RR5 k5a:3 8 � s 9 � P. E i 9 � SN a�iii T«VYr ce 1 .o. �1 ( /(us eaa M) I I {4 s yy ti § 4 I (aca roe n •ewe) 1ti ±�ga� �� I �Eg � `r I I � •�� 1 I 1 r I mso I I cv wlu3s x3sa �`a R2 � , MJ3d lY 31V353Nd 3Hl y, s tm ti y .e I w I 1� 0� WIC' y } Q z a y Exhibit B to Ordinance City of Denton Reimbursement Agreement (Regarding DART License Fee) This City of Denton Reimbursement Agreement ( "the Agreement ") is between the City of Denton, Texas, a Texas municipal corporation ( "City "), and 4984 Partners, Ltd., a Texas limited partnership ( "Developer "). City and Developer shall collectively be referred to as the "Parties." The effective date of the Agreement is the date last signed by either the City or the Developer. A. Recitals 1. The Developer is the owner of real property in the City of Denton, Denton County, Texas, described as Lot 1, Block A, Classic Cars Addition, an Addition to the City of Denton, Denton County, Texas, according to the plat recorded at Document No. 2014 -266, Plat Records, Denton County — County Clerk, Denton County, Texas ( "Property "). 2. The Property is suitable for development but was without sewage disposal services. 3. The City owns and operates sanitary sewer systems throughout the city ( "City Sewer Systems "). 4. The Developer, at its sole cost and expense, has designed, constructed (or will have constructed) and installed (or will have installed) the necessary valves, services, sewage pumping station, force main, gravity sewer mains, manholes, laterals and other needed improvements at its expense to provide sewage disposal service to the Property through the City Sewer Systems. 5. To obtain sewage disposal service to the Property the Developer has installed (or will have installed) a sanitary sewer line from the Property through City park property and under Dallas Area Rapid Transit ( "DART ") rail property and connect the same to the City Sewer Systems. 6. To accommodate the connection of the sanitary sewer line from the Property to the City Sewer Systems the City granted permission to the Developer to construct the sanitary sewer line on City park property and obtained a license from DART for the same to be constructed under DART rail property. 7. The license agreement between the City and DART requires that the license agreement be renewed annually and that an annual license fee not less than $1,695.00 be paid by the City ( "License Agreement "; A copy of the License Agreement is attached as Exhibit "A ".). 8. The sanitary sewer line constructed by Developer on City park property and under DART rail property is for the sole and exclusive use of the Property. However, after the completion and construction of the sanitary sewer line, the portion of the sanitary sewer line located on City park property and DART rail property will be owned and maintained by the City. Page 1 of 6 - City of Denton Reimbursement Agreement 9. In order to provide sewage disposal services to the Property the Developer has agreed to reimburse the City for each annual license fee the City pays to DART. 10. The Parties desire to enter into the Agreement setting forth the mutual understandings and undertakings regarding the reimbursement to the City by Developer of each annual license fee required by DART under the terms of the license agreement between the City and DART. Therefore, in consideration of the mutual covenants contained in the Agreement, and other good and valuable consideration, the receipt and adequacy of which the parties acknowledge, the Parties agree as follows: B. Agreements 1. Reimbursement of Annual License Fee. The Developer shall reimburse the City for all amounts the City pays to DART in accordance with the terms of License Agreement so long as the License Agreement remains in full force and effect. a. Annual Payment Amount; Payment Due Date; Place of Payment. The annual payment amount payable to the City (payable to the order of the "City of Denton, Texas ") from Developer shall be $1,695.00 ( "Annual Payment "). Beginning in 2015, Developer shall make the Annual Payment to the City on or before August 31 of each year. The Annual Payment shall be delivered to the City at City of Denton, Texas, Finance Department, 901A Texas St., Denton, Texas 76210 or any other place that the City may designate in writing. b. Reimbursement of Annual License Fees That Exceed the Annual Payment Amount. If the annual license fee paid by the City to DART exceeds the Annual Payment the Developer paid to the City, the City will notify the Developer in writing of the difference in the amount. The Developer shall pay that amount within 15 days of the receipt of the written notice from the City. C. Annual Interest Rate on Unpaid Amounts. Unpaid amounts include amounts in both B.l.a. and B.2.b which remain unpaid after the date in which those respective amounts were due ( "Unpaid Amounts "). The annual interest rate on all Unpaid Amounts is ten (10.0 %) percent. 2. City May File Lien Against Property for Unpaid Amounts. The City may, at anytime, file a lien in the Real Property Records, Denton County, Texas, against the Property for any and all Unpaid Amounts. a. Contents of the Lien. The lien shall include a sworn statement of the unpaid amounts claimed, the name and last known address of the owner of the Property, a general statement indicate the period covered and amount owed for that period, and a description, legally sufficient for identification of the Property sought to be charges with the lien. Page 2 of 6 - City of Denton Reimbursement Agreement b. Notice of Filed Lien. The City shall send a copy of the lien by registered or certified mail to the owner of the Property at the owner's last known address not later than the tenth day after the date the notice is filed in the Real Property Records, Denton County, Texas. 3. Limitations for Collection or Foreclosure Waived; Other Rights and Remedies Not Waived. The Developer waives any and all statute of limitation periods that may be applicable to the City pursuant to the Agreement for either the collection of any unpaid amounts owed by Developer or foreclosure of any of the liens filed against the Property. The City does not waive all other rights and remedies, at law or in equity, it may have for breach of the Agreement. 4. Covenants Running with the Land. The Parties agree that the provisions of this Agreement will be deemed to be covenants running with the land that are for the benefit of, and create burdens on, the Property. 5. Binding Effect. This Agreement binds, benefits, and may be enforced by the successors in interest to the parties. 6. Choice of Law. This Agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules in any jurisdiction. Venue is in Denton County, Texas. 7. Attorney's Fees. If either party retains an attorney to enforce this Agreement, the party prevailing in litigation will be entitled to recover reasonable attorney's fees and court and other costs. 8. Severability. If a provision in the Agreement is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this agreement, and the Agreement will be construed as if the unenforceable provision had never been a part of the same. 9. Remedies Cumulative. Except as otherwise provided herein, all rights, privileges, and remedies afforded the parties by the Agreement will be deemed cumulative and not exclusive and the exercise of any remedy will not be deemed to be a waiver of any other right, remedy, or privilege provided for herein or available at law or in equity. It is expressly understood that a recovery in damages may not be an adequate remedy for a violation of the provisions of the Agreement and that the granting of equitable remedies may, and probably will, be necessary. 10. Captions. Captions used in the Agreement are for convenience only and will not be considered as a limitation on or an expansion of the terms of the Agreement. 11. Construction of Agreement. The terms and provisions of the Agreement are the result of negotiation between the Parties and neither of which has acted under duress or compulsion, legal, economic, or otherwise. Consequently, the terms and provisions of this agreement will be interpreted and construed in accordance with their usual and customary Page 3 of 6 - City of Denton Reimbursement Agreement meanings, and the parties expressly waive and disclaim any rule of law or procedure interpreting or construing this agreement otherwise, including, without limitation, any rule of law to the effect that ambiguous or conflicting terms or provisions in this agreement must be interpreted or construed against the party whose attorney prepared this agreement or any draft hereof. 12. Other Instruments. The Parties to the Agreement covenant and agree that they will execute any further instruments and agreements necessary or convenient to carry out the purposes of the Agreement. 13. Entire Agreement. The Agreement is the entire agreement of the Parties concerning the matters described herein. There are no representations, agreements, warranties, or promises, and neither party is relying on any statements or representations of any agent of the other party, that are not in the Agreement. 14. Notices. Any notice required or permitted under the Agreement must be in writing. Any notice required by the Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. As of the date of the Agreement notices shall be sent to: City of Denton, Texas ( "City ") City of Denton — Legal Department 215 E. McKinney St. Denton, Texas 76201 4984 Partners, Ltd. ( "Developer ") 4984 Partners, Ltd. c/o 4984 Land, LLC, General Partner Thomas R. Durant, Registered Agent 1101 State Highway 114 Grapevine, Texas 76099 15. No Third -Party Beneficiaries. Nothing in the Agreement, expressed or implied, is intended or may be construed to confer on any person or entity, other than the Parties and their respective successors, and assigns, any right, remedy, or claim by reason of the Agreement. This agreement is intended for the sole and exclusive benefit of the parties and their respective successors and assigns. 16. Time. Time is of the essence with respect to each covenant, agreement, and obligation of the Parties set forth in the Agreement. Page 4 of 6 - City of Denton Reimbursement Agreement 17. Counterparts. If the Agreement is executed in multiple counterparts, all counterparts taken together will constitute the Agreement. 4984 Partners, Ltd., a Texas limited partnership ( "Developer ") Executed on the day of , 2014. By: 4984 Land, LLC, a Texas limited liability company, and its Sole General Partner and Managing Partner LIM Thomas R. Durant, President City of Denton, Texas ( "City") Executed on the day of George Campbell, City Manager Page 5 of 6 - City of Denton Reimbursement Agreement , 2014. Acknowledgements State of Texas § Denton County § This instrument was acknowledged before me on the day of , 2014 by George Campbell, City Manager, City of Denton, Texas, a Texas municipal corporation, on behalf of the City of Denton, Texas. [stamp here] Notary Public, State of Texas State of Texas § Denton County § This instrument was acknowledged before me on the day of , 2014, Thomas R. Durant, President of a 4984 Land, LLC, a Texas limited liability company, in its capacity as Sole General Partner and Managing Partner of 4984 Partners, Ltd., and acknowledged to me that the same is the act of 4984 Partners, Ltd, a Texas limited partnership, on behalf of said limited liability company, on behalf of said limited partnership. [stamp here] Notary Public, State of Texas After recording, return to: Paul Williamson, Real Estate Manager City of Denton City Service Center 901 A Texas St. Denton, Texas 76210 Page 6 of 6 - City of Denton Reimbursement Agreement Exhibit A to Reimbursement Agreement AGREEMENT NO. 220719 LICENSE AGREEMENT THIS Agreement ( "License "), is made by and between DALLAS AREA RAPID TRANSIT ( "Licensor "), a regional transportation authority, created, organized and existing pursuant to Chapter 452, Texas Transportation Code, as amended (the "Act ") and CITY OF DENTON ( "Licensee "), a Texas home rule municipal corporation acting herein by and through its duly authorized official, whose mailing address is 215 E. McKinney Street, Denton, Texas 76201. Pursuant to an agreement between Licensor and Dallas, Garland and Northeastern Railroad Company, (hereinafter the "Railroad "), freight railroad operations exist on Licensor's corridor. Pursuant to an agreement between Licensor and Denton County Transportation Authority (DCTA), passenger operations exist on Licensor's corridor. Licensor contracts with Herzog Transit Services, Inc. to provide the DCTA passenger service and Railroad maintenance. 1. Purpose. Licensor hereby grants a license (the "License ") to Licensee for the purposes of constructing, installing, maintaining and operating one 3 -inch HDPE sanitary sewer line within one 8 -inch steel casing (the "Permitted Improvement ") crossing the Northwest Denton Line approximately 1,723 feet northwest of Lakeview Boulevard, at Mile Post 726.23, in Denton, Denton County, Texas, more particularly described as shown in Exhibit "A ", dated June 2014, attached hereto and incorporated herein for all pertinent purposes, (the "Property "). The Property shall be used by Licensee solely for the purpose of operating and maintaining the Permitted Improvement (tire "Permitted Use "). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and the Permitted Improvement. 2. Term. The effective date ( "Effective Date ") of this License shall begin on the later of the dates when signed by the Licensor or Licensee. 2.01. Primary Term. The primary term of this License shall be one (1) year from the Effective Date of the same, and renewable annually as provided herein. 2.02. Right to Renew. The Licensee shall have the right to renew the License annually. 2.03. Renewal Presumed. This License is presumed to be renewed annually, subject to the payment of the consideration as required herein, , unless the Licensee gives written notice to Licensor of earlier termination no later than ninety (90) days prior to the expiration of the term. 3. Consideration. 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to Licensor the sum of ONE THOUSAND SIX HUNDRED NINETY FIVE AND NO /100 ($1,695.00) DOLLARS per annum, payable annually in advance (the "License Fee "), and (b) the performance by Licensee of each of the obligations undertaken by Licensee in this License, PROVIDED, HOWEVER, that the "License Fee" shall be adjusted annually as follows: a) The adjustment and change in the License Fee shall be determined according to the cost of living changes in the Consumer Price Index for All Urban Consumers — (CPI -U), Dallas -Fort Worth, TX., "All Items ", as published by the Bureau of Labor Statistics, U.S. Department of Labor (the "CPI Index "). Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 1 of 6 Mile Post 726.23 b) The CPI Index figure for the month of July 2014 is hereby fixed and established as the Base Index Figure in the computation of adjustment of rentals herein provided. At the commencement of each annual period as provided herein, the CPI Index for the month of March of such year shall be ascertained and noted and the rent for the next annual period shall be adjusted by increasing or decreasing the License Fee, percentage -wise as the CPI Index for the month of March has increased or decreased as compared with the Base Index Figure as herein fixed, PROVIDED HOWEVER, that under no circumstances shall the License Fee ever be less than $1,695.00 per year. c) If any time during the term hereof the U.S. Bureau of Labor Statistics shall discontinue the issuance of the CPI Index, the parties shall use any other standard nationally recognized cost - of- living index for the Dallas -Fort Worth area then issued and available, which is published by the U.S. Government. d) Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. e) It shall be the obligation of the Licensor to calculate the License Fee annually and invoice the Licensee 30 days prior to each anniversary date of the Effective Date of this License. The invoice shall be mailed to the Director of Finance, City of Denton, 215 E. McKinney St., Denton, Texas 76201. 3.02. The payment shall be due on each anniversary date of the Effective Date of this License. 3.03. Acceptance of any License Fee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the term of this License. 3.04. Any payment not received by Licensor by the 10th day after it is due, shall bear a late charge of $25.00 to help offset the administrative cost involved in handling such late payment. For any payment not received by Licensor by the 15th day after it is due, such payment shall bear interest at the rate of 18% per annum from the date it was due until it is paid, in addition to the late charge. 4. Non Exclusive License. This License is non- exclusive and is subject to (a) any existing utility, drainage or coin ill unication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication company, public or private; (b) all vested rights presently owned by any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining property may include the use of electrically powered equipment. Notwithstanding Licensor's inclusion within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to the Permitted Improvement and that such presence could produce corrosive effects to the Permitted Improvement. Licensee waives any claim and releases Licensor with regard to any claim arising from such corrosion. 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any way with the operations of Licensor or other Railroad operations. In particular, cathodic protection or other stray current corrosion control measures of the Permitted Improvement as required Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 2 of 7 Mile Post 726.23 shall be made a part of the design and construction of the Permitted Improvement. 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by Licensor. 5.03. Licensee agrees to design, construct and maintain the Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. 5.04. Licensee covenants and agrees to institute and maintain a reasonable testing program to determine whether or not additional cathodic protection of its Permitted Improvement is necessary and if it is or should become necessary, such protection shall be immediately instituted by Licensee at its sole cost and expense. 5.05. Licensor makes no warranty regarding subsurface installations on the Property. Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. 5.06. Licensee shall provide to Licensor final construction drawings ( "as- builts ") that are sighed and scaled by a Texas Professional Engineer within sixty ( "60 ") days of completion of the project. 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, state or local, required to carry on any activity permitted herein. 7. Licenser's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company- issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and any adjacent property owned by or under the control of Licensor. If the Licensee or its contractor causes damage to the Property or any adjacent property, the Licensee and /or its contractor shall immediately replace or repair the damage at no cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair or replacement, Licensor shall have the right, but not the obligation, to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to Licensor upon demand. 9. Environmental Protection. 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in violation of any local, state or federal laws pertaining to health or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), the Resource Conservation and Recovery Act ( "RCRA "), the Clean Water Act ( "CWA ") and the Clean Air Act ( "CAA "). Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 3 of 7 Mile Post 726.23 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed ") shall have the meanings specified in the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the State of Texas establish a meaning for "hazardous substance ", "release ", "solid waste ", or "disposal ", which is broader than that specified in either CERCLA or RCRA, such broader meaning shall apply. 9.04. Licensee shall indemnify, defend and hold Licensor, Railroad, DCTA and Herzog Transit Services, Inc. harmless, to the extent allowed by law applicable to Texas home -rule municipalities, against all cost of environmental clean up to the Property resulting from Licensee's use of the Property under this License. 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at Licensee's instance or request. 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, Licensor shall notify Licensee of such occurrence in writing. In the event Licensee shall not have remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation of the Permitted Improvement shall be necessary or convenient for Licensor's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licenser's or Licensor's assigns use of the Property. In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the Permitted Improvement. Licensor shall give a minimum of one hundred eighty (180) days written notice of any required relocation. Licensee shall promptly commence to make the required changes thereafter and shall diligently complete the relocation as required within a reasonable period. 13. Relocation Benefits. The parties hereto agree that the construction of the Permitted improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of any and all relocation benefits and that all costs associated with any relocation of such Improvements shall be borne by Licensee. Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 4 of 7 Mile Post 726.23 14. Duration of License. This License shall terminate and be of no further force and effect (a) in the event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance with paragraph 19 of this License, whichever event first occurs. 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Railroad, or other applicable railroad regulating bodies, and Licensee agrees to indemnify and hold Licensor harmless, to the extent allowed by law applicable to Texas home -rule municipalities, from any failure to so abide and all actions resulting therefrom. 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and the Railroad harmless, to the extent allowed by law applicable to Texas home -rule municipalities, against and from any and all loss, cost, damage or expense, including attorney's fees and including, without limitation, claims of negligence, arising out of this License (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's use in any way of the Property, or arising from any accident or other occurrence on or about the Property, resulting in personal injury, death, or property damage, except to the extent fault is judicially determined against Licensor. 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, tinder or attached to the Property, regardless of whether or not such improvements were placed thereon by Licensee, and shall restore tine Property to a condition satisfactory to Licensor, at Licensee's sole expense. 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or permit any other person or entity to use the License hereby granted without the prior written consent of Licensor which Licensor is under no obligation to grant. 19. Methods of Termination. This License may be terminated in either of the following ways: 19.01. By written agreement of both parties; or 19.02. By either party giving the other party one hundred eighty (180) days written notice; or. 19.03. By expiration of the term of the License without further renewal. 20. Miscellaneous. 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid, in the U.S. Mail, Certified, Return Receipt Requested, and addressed to the parties at the following addresses: LICENSOR: Dallas Area Rapid Transit OR 1401 Pacific Avenue P. O. Box 660163 Dallas, Texas 75202 -7210 Dallas, Texas 75266 -7210 ATTN: Railroad Management Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 5 of 7 Mile Post 726.23 LICENSEE: City of Denton 215 E. McKinney Street Denton, Texas 76102 Either party may from time to time designate another and different address for receipt of notice by giving written notice of such change of address. 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. 20.03. Entirety and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by a written instrument executed by the party against whom enforcement is sought. 20.04. Parties Bound, This License shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 20.05. Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 20.06. No Joint Enterprise. The parties do not intend that this License be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. 20.07. Counterparts. The parties may execute this Agreement in multiple originals and when taken together, those originals constitute a whole. Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 6 of 7 Mile Post 726.23 IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date last signed. LICENSOR: DALLAS AREA RAPID TRANSIT BY: no (Vrv(. 6 e_ � NOR A DE LA GARZA- AVARRO Vice President Com mu r Rail & Railroad anagement Date: "7 - / 7 ' LICENSEE: CITY OF DENTON GEORGE C. CAMPBELL City Manager Date: Denton -NW of Lakeview Blvd. Sanitary Sewer Line Page 7 of 7 Mile Post 726.23 1 s�. I �r i I cjiF �• r¢ nin 4 �y} 432e I a k1 i ee N rON, b II p� cz w+ I .z ioi I sz im vz ioi vz �ao'e i r wuoas x�o � � tmad lv wnsaed vu �� ,.Jl a g, 3 u 99 Y g UA O y d Y R F a = n ., 8 a a q § % A R E 82 I g'a6 Ki I i& — —ee anM i i 8 �p5p M 1 + dd .zm .� � aaimK<o-wauuz m ro��.A«ec-on\ I s l r v� JI r RIF B � %ii, iE ®CPaA °t° -�I t a$�$�i� i ifef bym I3 H n Xg 3� U l 44 64 . t �'ii3 t 6b RIY D ma EdJ 1 s�. I �r i I cjiF �• r¢ nin 4 �y} 432e I a k1 i ee N rON, b II p� cz w+ I .z ioi I sz im vz ioi vz �ao'e i r wuoas x�o � � tmad lv wnsaed vu �� ,.Jl a g, 3 u 99 Y g UA O y d Y R F a = n ., 8 a a q § % A R E 82 I g'a6 Ki I i& — —ee anM i i 8 �p5p M 1 + dd .zm .� � aaimK<o-wauuz m ro��.A«ec-on\ I s l r v� JI City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I EN" " N File #: ID 14 -0312, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley, Assistant City Manager Date: August 5, 2014 SUBJECT Consider nominations /appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. BACKGROUND Attached are the nominations Council has submitted for board and commission positions. Any additional nominations made during the Work Session will be provided prior to approval. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary Exhibits Exhibit 1 - Nominations Sheet City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Airport Advisory Board Engelbrecht Hawkins Gregory Watts Jim Clark R Animal Shelter Advisory Committee Roden Gary Steele (N) Ryan Cynthia Uber (N) Gregory Johnson Lisa Pieper N Community Development Advisory Crate. Engelbrecht Gregory Watts Mary Beth Cottingham (R) All All Health & Building Standards Commission Ryan Rod Reeves (R) Hawkins Rosanne Ciccia (R) Alternate Alternate Historic Landmark Commission Ryan Daniel Abasolo (N) Watts Deb Conte (R) All Human Services Advisory Committee Ryan Pamela Barnes (N) Hawkins James McDade (R) All Jane Upshaw (N) All Library Board Engelbrecht Hawkins Lauren Womack (R) Watts Alice Mankoff N Parks, Recreation & Beautification Board Ryan Engelbrecht Hawkins Paul Leslie II (R) Gregory Planning and Zoning Commission Engelbrecht Gregory Johnson Frank Dudowicz N Public Art Committee Engelbrecht Hawkins Victoria DeCuir (R) Watts Public Utilities Board Hawkins Randy Robinson (R) Watts John Gilmer N R - Reappointment N - New Nomination BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Traffic Safety Commission Roden John Murphy (R) Ryan Johnson Greg Price N Zoning Board of Adjustment Ryan Rick Baria (R) Gregory Alternate 2 Alternate 3 R - Reappointment N - New Nomination City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 1 EN71" N File #: ID 14 -0316, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Economic Development CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Consider appointment of board members for Tax Increment Financing Zone Number One (Downtown TIF). BACKGROUND On December 7, 2010, City Council adopted an ordinance creating the Tax Increment Financing Reinvestment Zone Number One (Downtown TIF). One February 1, 2011, City Council appointed the TIF Board members. Board membership is structured as follows: • Two Members shall be City Council Members • Two members shall be either property owners or residents from within the zone • Two members shall be either business owners from within the zone or Chamber of Commerce members • One member has no specific category, but must be a qualified voter in the City of Denton Two positions are currently eligible for reappointment: Bob Moses and Marty Rivers. Both have expressed an interest in serving another term, if it pleases the City Council. Two City Council member positions James King and Pete Kamp were vacated in May. Mayor Chris Watts and Councilman Kevin Roden will fill those spots, with Watts' position ending in 2016 and Roden ending in 2015. TIF Board Member Category Mayor Chris Watts City Council Kevin Roden City Council Bob Moses Property Owner Virgil Strange Property Owner Marty Rivers Chamber of Commerce Hank Dickenson Chamber of Commerce Harold Strong Qualified Voter City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0316, Version: 1 Respectfully submitted: Aimee Bissett Director, Economic Development Prepared by: Julie Glover Economic Development Program Administrator City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN"1 ON File #: ID 14 -0429, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Economic Development Department CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Consider nominations /appointments to the City Economic Development Partnership Board. BACKGROUND Nominating Committee met on July 31, 2014 and will present their nomination for the City Economic Development Partnership Board at this meeting. RECOMMENDATION Staff recommends accepting Nominating Committee's recommendations to the City Economic Development Partnership Board. Council is able to vote on these nominations at this meeting. PRIOR ACTION /REVIEW (Council, Boards, Commissions) Nominating Committee met on July 31, 2014. FISCAL INFORMATION There is no fiscal impact to the City. Respectfully submitted: Aimee Bissett Economic Development Director Prepared by: Christina Davis ED Marketing Specialist City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 1EN "1" 1N File #: ID 14 -0395, Version: 1 DEPARTMENT: CM/ ACM: Date: Finance Bryan Langley August 5, 2014 Legislation Text Agenda Information Sheet SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 16, 2014, City Council public meeting agenda to adopt a 2014 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on August 19, 2014, and September 9, 2014 and calling a budget public hearing on the Fiscal Year 2014 -2015 Annual Program of Services of the City of Denton to be held on August 19, 2014; requiring publication of notices of the public hearings in accordance with the law; requiring the posting of the notices of the public hearings on the City's Internet website; requiring the posting of the notices on the City's public access channel; and providing an effective date. BACKGROUND The Texas Constitution and Texas Property Tax & Local Government Codes require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth -in- taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow taxpayers in certain circumstances, to rollback or limit a tax increase. The truth -in- taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates. The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes any growth due to new property values. The City of Denton's 2014 effective rate is $0.639997/$100 valuation. The rollback rate divides the total property tax revenue into support for maintenance and operations (M &O) taxes and debt service taxes. It provides approximately an eight percent increase in revenue from the previous year for maintenance and operations expenses, plus the necessary debt service tax rate. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for an election to limit the size of the tax increase. The City of Denton's 2014 rollback rate is $0.696756/$100 valuation. The City Manager's FY 2014 -15 Proposed Budget recommended a tax rate of $0.689750 per $100 of valuation, and this rate is above the effective rate. If the City Council considers adopting a tax rate that is higher than the effective rate, state law requires the governing body to vote to place a proposal to adopt the rate on an agenda. City of Denton Page 1 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0395, Version: 1 In addition, state law requires that two public hearings be held on the proposed tax rate with the meeting to adopt the tax rate occurring three to 14 days after the second public hearing. Publication of a quarter -page notice ( "Notice of Proposed Property Tax Rate ") informing the public of the hearings prior to the adoption of the tax rate is also required. In addition to the state requirements for the truth in taxation legislation, the City Charter and Chapter 102 of the Texas Local Government Code require the City Council to set a public hearing on the FY 2014 -15 Annual Program of Services. In compliance with the Charter and Chapter 102, we are also required to publish a notice of the public hearing in the Denton Record Chronicle not earlier than the 30th day or later than the 10' day before the date of the public hearing. The attached "Notice of Public Hearing on Budget" would need to be published in the Denton Record Chronicle. It would also need to be posted on the City of Denton's website, rotiJr roh��rouuu M and air on the public access channel. The attached Notice of Proposed Property Tax Rate has been included on the Council Agenda in the event that Council directs staff to propose a tax rate greater than the effective rate. If the Council decides to propose a tax rate at or less than the effective rate, this item will not be necessary. RECOMMENDATION Staff recommends approval of the resolution. ESTIMATED SCHEDULE OF PROJECT August 19, 2014 Hold Public Hearing on the Budget August 19, 2014 Hold First Public Hearing on Tax Rate (If Necessary) September 9, 2014 Hold Second Public Hearing on Tax Rate (If Necessary) September 16, 2014 Adopt Tax Rate PRIOR ACTION /REVIEW (Council, Boards, Commissions) On Thursday, July 31, 2014, the City Council was provided information regarding the proposed FY 2014 -15 Proposed Budget, including the proposed tax rate. FISCAL INFORMATION The proposed tax rate is included in the FY 2014 -15 Proposed Budget. EXHIBITS 1. Resolution and Required Notices Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance Prepared by: City of Denton Page 2 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0395, Version: 1 Antonio Puente, Jr. Assistant Director of Finance City of Denton Page 3 of 3 Printed on 8/1/2014 powo and by I ogiFfl ar nvl sAlegal \our documents \resolutions \14\resolution budget tax rate public hearing2.doc Exhibit 1 RESOLUTION NO. • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING • PROPOSAL ON THE SEPTEMBER 16, 2014 CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2014 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR THE EFFECTIVE TAX RATE; CALLING TWO PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON AUGUST 19, 2014 AND SEPTEMBER 9, 2014 AND CALLING A BUDGET PUBLIC HEARING ON THE FISCAL YEAR 2014 -2015 ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO BE HELD ON AUGUST 19,2014; REQUIRING PUBLICATION OF NOTICES OF THE PUBLIC HEARINGS IN ACCORDANCE WITH THE LAW; REQUIRING THE POSTING OF THE NOTICES OF THE PUBLIC HEARINGS ON THE CITY'S INTERNET WEBSITE; REQUIRING THE POSTING OF THE NOTICES ON THE CITY'S PUBLIC ACCESS CHANNEL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to adopt the Fiscal Year 2014 -15 Annual Program of Services (Budget) for the City of Denton, Texas; and WHEREAS, in order to adopt the Budget, the City Council must first hold a public hearing on the Budget and provide notice of same in accordance with Article VIII "Budget" of the City Charter and other applicable law; and WHEREAS, the City Council desires to consider adopting a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or effective tax rate, in accordance with the requirements of the Texas Local Government Code Chapter 140 and Tax Code Chapter 26, as applicable, and to schedule two public hearings on the proposed tax increase; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council desires to consider adopting a tax rate for the 2014 tax year of $0.68975 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. SECTION 3. The City Council hereby approves the placement of an item on the September 16, 2014 City Council public meeting agenda to vote on a proposed tax rate of $0.68975 per $100 valuation that will exceed the lower of the rollback rate or the effective tax rate. The meeting to vote on a proposed tax rate will not be held until notice of the meeting to vote on a proposed tax rate has been published in the Denton Record Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Proposed Property Tax Rate, which is made a part of this Resolution for all purposes. The City Manager or his designee is directed to post the attached Notice of Proposed Property Tax Rate on the City's Internet website and shall request that the City's public access television channel carry a 60- second notice of the meeting to vote on a proposed tax rate at the times and for the periods and in accordance with the requirements of applicable law. SECTION 4. The City Council hereby calls two public hearings on the proposed tax rate to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 76201 on August 19, 2014 and September 9, 2014 at 6:30 p.m. The public hearings will not be held until after notice of the public hearings has been published in the Denton Record - Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Proposed Property Tax Rate, which is made a part of this Resolution for all purposes. The City Manager, or his designee, is hereby directed to publish said notice in accordance with this Resolution and in accordance with applicable law. The City Manager or his designee is directed to post the attached Notice of Proposed Property Tax Rate on the City's Internet website and shall request that the City's public access television channel carry a 60- second notice of the public hearing at the times and for the periods and in accordance with the requirements of applicable law. At the public hearings, the City Council will afford adequate opportunity for both proponents and opponents of the proposed tax rate to present their views. SECTION 5. The City Council hereby calls a public hearing on the proposed Budget to be held in the City Council Chambers at City Hall located at 215 East McKinney Street in Denton, Texas 76201 on August 19, 2014 at 6:30 p.m. The public hearing will not be held until notice of the public hearing has been published in the Denton Record - Chronicle, a newspaper having general circulation within the City, in the form of the attached Notice of Public Hearing on the Budget, which is made a part of this Resolution for all purposes. This notice shall be published not earlier than the 30th or later than the 10th day before the date of the public hearing. The City Manager, or his designee, is hereby directed to publish said notice in accordance with this Resolution and in accordance with Article VIII of the City Charter, Chapter 102 of the Texas Local Government Code and all other applicable law. The City or his designee is directed to post the attached Notice of Public Hearing on the Budget on the City's Internet website and shall request that the City's public access television channel carry a 60- second notice of the public hearing at the times and for the periods and in accordance with the requirements of applicable law. SECTION 6. 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 August, 2014, 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 Resolution and the vote on the proposal to place the item for adoption of a 2014 tax rate on the September 16, 2014 City Council agenda. PASSED AND APPROVED this the day of , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2 CHRIS WATTS, MAYOR APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Council Member Voted For Voted Against Chris Watts, Mayor Kevin Roden Dalton Gregory Jim Engelbrecht, Mayor Pro Tern Joey Hawkins John Ryan Greg Johnson Page 3 Publish in August 8, 2014 Denton Record Chronicle NOTICE OF 2014 TAX YEAR PROPOSED PROPERTY TAX RATE FOR CITY OF DENTON A tax rate of per $100 valuation has been proposed for adoption by the governing body of the City of Denton. This tax rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. PROPOSED TAX RATE PRECEDING YEAR'S TAX RATE EFFECTIVE TAX RATE ROLLBACK TAX RATE per $100 0.689750 per $100 0.639997 per $100 0.696756 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for the City of Denton from the same properties in both the 2013 tax year and the 2014 tax year. The rollback tax rate is the highest tax rate the City of Denton may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount = ( rate ) x ( taxable value of your property ) / 100 For assistance or detailed information about tax calculations, please contact: Michelle French Denton County Tax Assessor - Collector 1505 E. McKinney Street, Denton, TX, 76209 940 - 349 -3500 Property. Tax(a-),dentoncounty. corn http: / /tax.dentoncogpty.com You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: August 19, 2014 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 Second Hearing: September 9, 2014 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 Publish in August 8, 2014 Denton Record Chronicle NOTICE OF PUBLIC HEARING ON BUDGET The City Council for the City of Denton, Texas, will hold a public hearing on the Fiscal Year 2014 -15 Annual Program of Services (Budget), on Tuesday, August 19, 2014 at 6:30 p.m. in the City Council Chambers at City Hall, located at 215 East McKinney Street in Denton, Texas, 76201. The meeting will be held for the purpose of receiving community input on the Budget. THIS BUDGET WILL RAISE MORE PROPERTY TAXES THAN LAST YEAR'S BUDGET BY $596419834 OR 11.72% AND OF THAT AMOUNT $192929895 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR. All interested citizens are encouraged to attend and express their views. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com llEN", IN File #: ID 14 -0423, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Secretary's Office CM/ ACM: Bryan Langley, Assistant City Manager Date: August 5, 2014 SUBJECT Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on November 4, 2014, to legalize the sale of all alcoholic beverages including mixed beverages; making findings; providing a repealer clause; providing a severability clause; providing for a penalty; and providing for publication and an effective date. BACKGROUND On July 3, 2014, the City received a petition from Denton First to order a local option election to legalize the sale of all alcoholic beverages including mixed beverages. The petition was required to have signatures representing at least 35% of the registered voters in Denton who voted in the most recent gubernatorial election, or 6,482 signatures. On July 28, 2014, the City Secretary's Office certified 6,489 verified signatures which met the statutory required threshold by the Texas Election Code. Approval of this ordinance would formally call the local option election. EXHIBITS Ordinance Respectfully submitted: Jennifer Walters City Secretary City of Denton Page 1 of 1 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl S:ALegal \Our Documents\ Ordinances \14 \Ordinance Ordering Local Option Llection.doex ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON NOVEMBER 4, 2014, TO LEGALIZE THE SALE OF ALL ALCOHOLIC BEVERAGES INCLUDING MIXED BEVERAGES; MAKING FINDINGS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Title 17, Chapter 501, Section 501.032(a)(1)(A) of the Texas Election Code the City is required to receive signatures representing at least 35 percent of the registered voters in the subdivision who voted in the most recent gubernatorial election, or 6,482 signatures, before a local option election to legalize the sale of all alcoholic beverages including mixed beverages can be ordered; and WHEREAS, on July 3, 2014 the City of Denton received a petition from Denton First to order a local option election to legalize the sale of all alcoholic beverages including mixed beverages; and WHEREAS, after duly verifying the signatures within the thirty (30) day period as required by law, the City Secretary certified 6,489 signatures which meet the statutorily required threshold set forth in Chapter 501 of the Texas Election Code; and WHEREAS, the City Council finds that the provisions of Article 16, Section 20 of the Texas Constitution, Chapter 251 of the Texas Alcoholic Beverage Code and Chapter 501 of the Texas Election Code, as applicable, have been complied with; and WHEREAS, the City Council of the City of Denton determined that the matter be resolved by the voters of the City of Denton; and WHEREAS, applicable state law requires this election to be held on the next uniform election date, November 4, 2014; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble clauses above are incorporated into this Ordinance as though set forth in full. SECTION 2. A municipal election is ordered to be held in the City of Denton, Texas on Tuesday, November 4, 2014, such date being a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code "), to legalize the sale of all alcoholic beverages including mixed beverages. SECTION 3. The form of the ballot shall be substantially as follows: SHALL THE CITY OF DENTON, DENTON COUNTY, TEXAS AUTHORIZE THE LEGAL SALE OF ALL ALCHOLIC BEVERAGES INCLUDING MIXED BEVERAGES. FOR THE ISSUE AGAINST THE ISSUE SECTION 4. The election and early voting shall be conducted at the time and in the manner specified in and in accordance with an agreement between the Election Administrator of Denton County and the City of Denton. SECTION 5. The manner of holding such election and all questions pertaining thereto shall be governed by the election laws of the State of Texas. SECTION 6. Should any provision of this Ordinance be held finally invalid by a Court of Law, such provision shall be severed from the remaining provisions of this Ordinance and the remaining provisions shall continue in full force and effect. SECTION 7. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public, and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex. Gov't. Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 8. This Ordinance shall become effective immediately upon its passage and approval. PRESENTED, PASSED AND APPROVED on the day of 2014 at a regular meeting of the City Council of the City of Denton, Texas, by a vote of ayes and nays at the regular meeting of the City Council of the City of Denton, Texas. PASSED AND APPROVED this the day of , 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY C. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 CHRIS WATTS, MAYOR City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D N71" N File #: ID 14 -0295, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM/ ACM: Bryan Langley Date: August 5, 2014 SUBJECT Hold a public hearing concerning the $98.175 million Bond Election to be held on November 4, 2014, and project recommendations developed by the Citizens Bond Advisory Committee. BACKGROUND On November 19, 2013, the City Council formally created a Citizens Bond Advisory Committee to provide recommendations on projects to be considered in a November 2014 bond election. The Council appointed fifty -one (51) members of the public to serve on the Committee, and Mr. Tim Crouch and Mr. Randy Robinson were appointed as Co- Chairpersons of the Committee. The Council established a formal charge for the Committee, requesting that the Committee focus on existing facilities, infrastructure, drainage improvements, and the downtown area. The Council charged the Committee to specifically consider the reconstruction of Fire Stations No. 3 and No. 4 and $12 million to fund reconstruction of city streets. The Council also asked that the Committee consider including funding for Public Art in accordance with the Public Art Policy approved by the Council in 2013. The Committee convened twelve meetings to discuss the various projects under consideration for the 2014 bond program. The Committee created three subcommittees to explore various service areas in more detail: Transportation (including drainage), Leisure Services, and Public Facilities. The Subcommittees conducted tours of various project sites on March 17, 25 and 29. The Committee also solicited public input through a series of four community meetings held throughout the city on January 22, January 25, January 27 and February 1, 2014. The Committee published an email address and phone number to receive suggestions and comments, and all agendas and minutes were published on the City's website. After extensive review of staff proposals and citizen recommendations, the Committee voted on May 27 to formally recommend projects to the City Council for consideration, including funding for Public Art projects. As discussed on June 3rd , the Committee is recommending that the bond program be presented to the voters in four distinct propositions. Specifically, the voters would be asked to consider: City of Denton Page 1 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M ID 14 -0295, Version: 1 ➢ The issuance of $61,710,000 of public securities for Street Improvements. ➢ The issuance of $16,565,000 of public securities for Public Safety Facilities for Police and Fire Departments. ➢ The issuance of $8,545,000 of public securities for Stormwater Drainage and Flood Control Improvements. ➢ The issuance of $11,355,000 of public securities for Park System Improvements. If approved by the voters, the four bond propositions collectively would provide $98,175,000 in financing for capital improvements. This amount includes $535,000 which would be dedicated to public art initiatives. In particular, the Committee has recommended that public art funding be dedicated in the following manner: ➢ $30,000 would be reserved for public art related to Street Improvements. ➢ $325,000 would be reserved for public art related to Public Safety Facilities. ➢ $180,000 would be reserved for public art related to Park System Improvements. Funding for specific art projects, to be indentified later, would be thus restricted to these types of uses, but not to specific project locations. The purpose of this item is to provide an opportunity for additional public input on the proposed bond program. PRIOR ACTION /REVIEW (Council, Boards, Commissions) On October 7, 2013, the City Council discussed the proposed 2014 Bond Program and received a presentation from City staff regarding the initial project list. The City Council recommended a fifty (50) member Citizen Bond Advisory Committee with seven appointments by each council member and a committee chair. On November 5, 2013, the City Council discussed the proposed bond election and appointed members to the Citizen Bond Advisory Committee. On November 19, 2013, the City Council approved a resolution creating a Special Citizen Bond Advisory Committee and appointed members to the Committee. On December 3, 2013, the City Council appointed members to the Citizen Bond Advisory Committee. On December 10, 2013, the City Council appointed members to the Citizen Bond Advisory Committee. The Citizen Bond Advisory Committee met on the following dates to discuss recommendations for the 2014 bond program: December 19, 2013 January 6, 2014 January 21, 2014 City of Denton Page 2 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: ID 14 -0295, Version: 1 February 10, 2014 February 24, 2014 March 3, 2014 March 17, 2014 March 31, 2014 April 14, 2014 April 28, 2014 May 12, 2014 On May 27, 2014, the Citizen Bond Advisory Committee voted to make a formal recommendation to the City Council regarding the 2014 bond program. On June 3, 2014, the Citizen Bond Advisory Committee presented their recommendations to the City Council. On June 25, 2014, the Citizen Bond Advisory Committee presented their recommendations to the Planning & Zoning Commission. On July 15, 2014 the City Council held a discussion regarding the Committee's recommendations. EXHIBITS 1. Summary of Recommended Projects 2. Proposed Proposition and Ballot Language Respectfully submitted: Bryan Langley, Assistant City Manager Prepared by: Alison Ream Interim Director of Administrative Services City of Denton Page 3 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl a a E E O U i �'S N �Q WO m N C w U a-I O N O U 03 O H N 7 03 7 E 7 U N N 03 y U Q Q U Q Q � a � 3 $ N i 60j } O C a n3 a C 0 CL .i d D E t00 O a N O p- 3 a u v o a R Do c c E c a 00000000000000000000000000000000 00000000000000000000000000000000 O O m m m m m m m m m m m m O O O O O O O O O O O O O O O O O O O N N 6��e o N N N N N r- Lrl m 00 N Lrl Lrl Lrl Lrl O O m m 00 00 00 00 00 Lrl Lrl O Ol ci O G) G) O G) m W 00 m 00 Ol ci O ci I, n n n 00 00 m n N N N 00 ci I, n O I, 01 O H O 01 m qi Ol Ln Ol r-I O N I, Ol N N N N N n N O m qT m W W r-I r-I �e N I� O N m m l 6 00 Ol O O ci N N N N m Lrl I� O ci O H O ci I� O ci N Lrl 00 N m m qt qi qi qi qt qi qt Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln w w I, n 00 00 00 a) a) a) a) a) O O O O O 0 0 0 0 0 0 O O 00 0 0 0 0 0 0 0 0 0 O O O Lrl O O O O O Lrl O O O O O N O G) O O Ln 00 N O qt 00 G) I, I, ci O ci qT qT m r-I r-I w N IA- 00000000000000000000000000000000 00000000000000000000000000000000 00000000000000000000000000000000 o o o I, m o w m o 0 0 0 0 o Lfl Lfl O Lfl 0 0 0 Lfl O O Lfl O N N Ol 00 00 qT O O N Ln Ln Ol r-I 00 o Ln o o o o o qt 00 Ln o o m m Ln o O l O O� W 00 � O Lrl W m N 00 ci qT N m o o o o Ln qT n N .-i a) m a) Ln o qt 00 Ln N N N N .-i N N m c-I Ol m Lrl ci l 6 N ci N m N a c — �o m O O N a/ u f0 - O 2- -O 00 0 C C C: ++ U D O N N a/ a) 3 0 N .M � N U c_0 Q O c ° > c o a, 3 o ° c v m i u E v o z v +� Q u p N N ' Q u O • -0 ( O O N O C O N t i O d co C f0 O N E - V \ V y,, a/ .i LL U - p a) LU Lfl a/ > f0 M V p N N t d >' � O co M a) M L _ 0 0-0 z Y Q O V u I- aU) -r- * c �O a) °/ >, -1 0 3 °�° M E c 0�-o E v 0 2 C a/ J > a/ - ++ C N -p a/ E! 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Streets Ballot Lanauaae FOR 1 THE ISSUANCE OF $61,710,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS AGAINST PUBLIC SAFETY Public Safety Bond Proposition Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $16,565,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to- wit: constructing, reconstructing, renovating, improving, expanding, equipping and furnishing public safety facilities for the police department and the fire department including related utility infrastructure, drainage, landscaping, and site and access improvements; up to $325,000 of such principal amount for Exhibit 3 acquiring, constructing and installing public art related to and being part of some or all of the foregoing; the acquisition of land and interests in land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? Public Safety Ballot Lange FOR THE ISSUANCE OF $16,565,000 OF PUBLIC SECURITIES FOR PUBLIC SAFETY FACILITIES FOR POLICE AND FIRE DEPARTMENTS AGAINST DRAINAGE Drainaae Bond Proposition Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $8,545,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to- wit: constructing, reconstructing, restructuring and installing stormwater drainage and flood control improvements; related utility relocation and bridge and street modifications or removal; the acquisition of land, structures and interests in land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? Drainaae Ballot Lanauaae FOR 1 THE ISSUANCE OF $8,545,000 OF PUBLIC SECURITIES FOR STORMWATER DRAINAGE AND FLOOD CONTROL IMPROVEMENTS AGAINST PARKS Parks Bond Proposition Exhibit 3 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $11,355,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to- wit: constructing, reconstructing, renovating, improving, expanding and equipping park improvements, including beautification, trails, athletic fields, water parks, swimming pools, park buildings and recreation facilities; up to $180,000 of such principal amount for acquiring, constructing and installing public art related to and being part of some or all of the foregoing; the acquisition of land and interests in land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? Parks Ballot Lanauaae FOR 1 THE ISSUANCE OF $11,355,000 OF PUBLIC SECURITIES FOR PARK SYSTEM IMPROVEMENTS AGAINST City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I N71" N File #: Z11 -0018, Version: Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 4 (NR -4) zoning district classification and use designation to a Neighborhood Residential 6 (NR -6) zoning district classification and use designation, a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation; and a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, and further restricted by an overlay district; the area for zoning change encompasses 6.71 acres of land located at the northeast corner of McKinney Street and Jannie Street, in the city of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (The Planning and Zoning Commission recommends approval, 6 -0.) BACKGROUND The applicant, Rick Baria, on behalf of property owner Gene Hartman, is requesting the rezoning of approximately 6.71 acres of land from NR -4 zoning district to NR -6 zoning district, NRMU -12 zoning district, and NRMU zoning district for the purpose of developing it with single family residences, offices, and restaurants. The underlying Future Land Use designation of the site is Existing Land Use, which is not compatible with the requested zoning designation of Neighborhood Residential 6 (NR -6) zoning district. The permitted density and development standards of the NR -6 zoning district is not consistent with the density and lot sizes of the surrounding single family development located on the north, east and west sides of the subject site. For this reason, staff recommends that the area proposed for NR -6 remain NR -4, consistent with the surrounding residential areas. The request for Neighborhood Residential Mixed Use (NRMU) zoning district and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district, is however consistent with the Existing Land Use designation. Fifty -three (53) public notices were sent to property owners within 200 feet of the subject site (Exhibit 7). One - hundred and thirty -nine (139) courtesy notices were also sent to residents within 500 feet of this proposal. As of this writing, nine (9) responses have been received, one (1) of which is from property outside of the 200 foot City of Denton Page 1 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: Z11 -0018, Version: 1 notice area. Of those received from within the 200 foot notification area, there are six (6) which are opposed to the request representing 11.81% of the land in the 200 foot notice area, one (1) response which is in favor of the request representing 0.97% of the land in the 200 foot notice area and one (1) response has been received which is neutral to the request representing 1.69% of the land in the 200 foot notice area. At their meeting held on June 11, 2014, the Planning and Zoning Commission recommended approval of this request with the addition of an overlay district prohibiting residential duplexes on the site. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table the item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the rezoning request with the addition of an overlay district prohibiting duplexes on the site. The Development Review Committee recommends approval of the request to rezone the southern portion of the site which fronts along McKinney Street to NRMU and NRMU -12. The Development Review Committee recommends denial of the request to rezone the northern 3.39 acres of the subject site to NR -6. PRIOR ACTION /REVIEW (Council, Boards, Commissions) June 11, 2014 . Planning and Zoning Commission; recommended approval with an overlay district prohibiting residential duplexes; Z 11 -0018 EXHIBITS 1. Staff Analysis 2. Aerial Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Land Use Analysis 7. Letter from Applicant 8. Proposed Concept Plan 9. Notification Map 10. Site Photos 11. June 11, 2014, Draft Planning and Zoning Commission Meeting Minutes 12. Ordinance Respectfully submitted: City of Denton Page 2 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File M Z11 -0018, Version: Brian Lockley, AICP, CPM Planning and Development Director Prepared by: Cindy Jackson, AICP Senior Planner City of Denton Page 3 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P &Z Date: June 11, 2014 TYPE: Rezoning Request CC Date: July 15, 2014 PROJECT #: Z11 -0018 Project Number: Z11 -0018 Request: The proposal is to rezone approximately 6.71 acres of land from Neighborhood Residential 4 (NR -4) zoning district to Neighborhood Residential 6 (NR -6) zoning district, Neighborhood Residential Mixed Use (NRMU) zoning district and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. Applicant: Property Owner: Location: Size: Zoning Designation: Future Land Use: Case Planner: DRC Recommendation: Rick Baria 5138 Edwards Road Denton, TX 76208 Gene Hartman 818 Stanley Denton, TX 76201 The subject property is located the northeast corner of the intersection of E. McKinney Street and Jannie Street. 6.71 acres ± Neighborhood Residential 4 (NR -4) Existing Land Use Cindy Jackson, AICP The Development Review Committee recommends approval of the request to rezone the southern portion of the site which fronts along McKinney Street to NRMU and NRMU -12. The Development Review Committee recommends denial of the request to rezone the northern 3.39 acres of the subject site to NR -6. Summary of Analysis: The applicant, Rick Baria, on behalf of Gene Hartman, is proposing to split the site into three zoning designations, NR -6, NRMU and NRMU -12, for the purpose of developing single family homes on the northern 3.125 acres, and commercial uses located on the southern 3.585 acres of the site, along McKinney Street. The applicant's proposed concept plan can be seen in Exhibit 8. The proposed NRMU zoning is a continuation of the existing NRMU zoning located along the northern frontage of McKinney Street and is consistent with the development along McKinney Street. The proposed NRMU -12 zoning district is intended to be utilized as a buffer between the proposed single family residences and the NRMU district proposed along McKinney Street. The single family development anticipated in the area proposed for NR -6 zoning does correspond to the surrounding single family residential uses; however the proposed density of 5.9 dwelling units per acre (du /acre) and the minimum 6,000 square feet lot size permitted in the NR -6 district is not compatible with the existing residential density and average lot size of the surrounding neighborhoods. The site is surrounded by four residential subdivisions on the north, east and west sides. The Jannie Street Addition, located on the north side of the site contains three lots with a density of 3 du /acre and an average lot size of 14,455.7 square feet. The Mack Addition, First Installment, located on the north and east side of the site has 63 residential lots with a density of 2.3 du /acre and an average lot size of 8,751.25 square feet. The College View Addition has 45 residential lots with a density of 4.32 du /acre and an average lot size of 7,188.8 square feet. And finally, the Sunrise Addition, located to the northwest of the subject site has 39 residential lots with a density of 3.93 du /acre and an average lot size of 8,765.12 square feet (Exhibit 6). Per Section 35.5.2.1 of the Denton Development Code (DDC), the purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. As noted above, while the proposed NR -6 district is a Neighborhood Residential zoning designation, it is not compatible with the existing land use patterns and design standards. For this reason, staff is recommending that the area proposed for the NR -6 zoning designation remain NR -4, consistent with the surrounding residential areas. The site is designated as "Existing Land Use" on the Future Land Use Map. The Existing Land Use designation requires new development to respond to existing development with compatible land uses, patterns, and design standards. Residential land use goals as stated in the Denton Plan include: The accommodation of balanced future residential developments: a. Between residential and nonresidential land uses. b. Among various types, styles, and prices of housing. C. Maintain about fifty percent of the development land area within the city as residential land uses. Increase the percentage of owner - occupied housing to sixty percent by the year 2020. The proposed rezoning of the northern 3.125 acres of the subject site is not in compliance with the stated goals of the Denton Plan. The proposed NR -6 zoning designation is not compatible with the density and lot sizes of the surrounding single family development located on the north, east and west sides of the subject site. The applicant is proposing to develop twenty residential lots on 3.39 acres with a density of 5.9 dwelling units per acre (du /acre). Section 35.3.4.B of the DDC, provides the criteria for approval of a rezoning application. They are as follows: 1. The proposed rezoning conforms to the Future Land Use Element of The Denton Plan. The Existing land Use designation requires new development to respond to existing development with compatible land uses, patterns, and design standards. The proposed rezoning of the northern 3.125 acres of the subject site is not in compliance with the stated goals of the Denton Plan. The proposed NR -6 zoning designation is not compatible with the density and lot sizes of the surrounding single family development located on the north, east and west sides of the subject site. The proposed rezoning of the southern 3.585 acres of the site is compatible with the existing NRMU zoning located on both the southeast and southwest sides of the subject site, adjacent to McKinney Street, as well as the surrounding residential neighborhoods north of the existing and proposed NRMU and NRMU -12. 2. The proposed rezoning facilitates the adequate provision of transportation, water sewers, schools, parks, other public requirements and public convenience. Adequate public facilities are in place to serve the proposed retail development. Extensions of water and sewer facilities are not required and the street system is adequate to accommodate any traffic generated by the proposed use. Findings of Fact The request is to rezone approximately 6.71 acres of land from Neighborhood Residential 4 (NR -4) zoning district to Neighborhood Residential 6 (NR -6) zoning district and Neighborhood Residential Mixed Use (NRMU) zoning district. The subject property is located the northeast corner of the intersection of E. McKinney Street and Jannie Street. 2. Project History. A. The subject site was rezoned from SF -7 to NR -4 during the 2002 citywide rezoning. 3. The site is designated as "Existing Land Use" on the Future Land Use Map. The Existing Land Use designation requires new development to respond to existing development with compatible land uses, patterns, and design standards. The applicant is proposing to split the site into two zoning designations, NR -6 and NRMU, for the purpose of developing single family homes on the northern 3.125 acres, with commercial uses located on the southern 3.585 acres of the site, along McKinney Street. The density and minimum lot sizes of the proposed NR -6 zoning district are not compatible with the existing residential lot sizes and densities. 4. The purpose of the Neighborhood Residential land use zoning designation is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. As previously noted, this is a proposal to split the site into two zoning designations, NR -6 and NRMU, for the purpose of developing single family homes on the northern 3.125 acres, with commercial uses located on the southern 3.585 acres of the site, along McKinney Street. The proposed NRMU zoning is a continuation of the existing NRMU zoning located along the northern frontage of McKinney Street and is consistent with the development along McKinney Street. The single family development anticipated in the area proposed for NR -6 zoning does correspond to the surrounding single family residential uses, however the proposed density of 5.9 du /acre and minimum lot size of 6,000 square feet permitted in the NR -6 district is not compatible with the existing residential density and average lot size of the surrounding neighborhoods, as mentioned earlier in this report. 5. The subject site is developed with a single family residence identified as a 1925 wood craftsman bungalow in the 1996 Historic Resources Survey and improved pasture. 6. Surrounding uses include single family residences, offices, and the Denton County Courthouse. 7. Adjacent zoning districts include NR -4, NRMU, and CM -G. 8. The site will have access from Jannie Street. 9. Water is available from the existing 8 -inch main along Avenue B. This main has adequate available capacity for the requested zoning. An extension of water facilities will not be required. 10. There is an existing 16' Utility & Drainage Easement along Applicant's entire eastern property line, and along the eastern 177.8' of Applicant's northern property line. Within this easement is an existing 8" gravity sewer main, which is available for tapping for this proj ect. 11. Jannie Street is classified as an unimproved perimeter street per Section 35.20.2.L.3.a of the COD Development Code. Per Section 35.20.2.L.2 of the COD Development Code, construction of 25 -feet wide concrete pavement, 8 -foot wide sidewalk, curb and gutter, and required drainage improvements will be required along Jannie Street frontage. 12. McKinney Street is classified as a Primary Major Arterial (135' ROW) per the COD Mobility Plan. 67.5 -feet from the centerline of the street to the property line will be required to be dedicated as right -of -way. 13. The anticipated transportation demand for the proposed development is 200 Average Annual Daily Trips and 20 PM Peak Hour Trips. 14. The proposed residential development will generate approximately 8 elementary, 4 middle school and 4 high school students. According to the Denton Independent School District (DISD), schools currently serving the site for the 2013 — 2014 school -year are Lee Elementary School, Calhoun Middle School and Guyer High School. These schools have the capacity to accommodate these additional students. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that the proposal to rezone the southern 3.585 acres of the site to NRMU and NRMU -12 IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that the request to rezone the northern 3.125 acres of the site to NR -6 IS NOT CONSISTENT with the surrounding land uses and general character of the area, IS NOT CONSISTENT with the Denton Plan, and IS NOT CONSISTENT with the Denton Development Code. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: NR -4 Single Family Residential North: NR -4 Single Family Residential Northeast: NR -4 Single Family Residential West: East: NR -4 and NRMU Single Family Residential and • ' ' " ' NR-4 Single Family Residential Office Uses • - ' . Southwest: South: Southeast: CM -G CM -G CM -G Denton County Courthouse Denton County Courthouse Office and Commercial Uses Source: 00 of Denton Geographical Information System and site visit by 00 staff Summary of Surrounding Zoning Designations and Current Land Use Activity: Comprehensive Plan: A. The site is designated as "Existing Land Use" on the Future Land Use Map. The Existing land Use designation requires new development to respond to existing development with compatible land uses, patterns, and design standards. The proposal is to split the site into three zoning designations, NR -6, NRMU -12 and NRMU, for the purpose of developing single family homes on the northern 3.125 acres, with commercial uses located on the southern 3.585 acres of the site, along McKinney Street. The density and minimum lot sizes of the proposed NR -6 zoning district are not compatible with the existing residential lot sizes and densities. The proposed NRMU -12 and NRMU zoning districts are compatible with the existing commercial development in the area. Land use analysis: A. The proposal is to split the site into three zoning designations, NR -6, NRMU -12 and NRMU, for the purpose of developing single family homes on the northern 3.125 acres, with commercial uses located on the southern 3.585 of the site, along McKinney Street. The differences between the NR -4 district and the NR -6 district mainly relate to the development standards and permitted maximum density. When reviewing the use charts below, it becomes apparent that the use of the NRMU -12 district as a buffer between the existing and proposed single family residential uses is appropriate. Specifically, the NRMU -12 district would prohibit such uses as bakeries, restaurants, quick vehicle servicing, and veterinary clinics from locating adjacent to the single family neighborhoods, while permitting the proposed office uses. The charts below provide a comparison of the development standards of the NR -4, NR -6, NRMU, and NRMU -12 zoning districts: General Regulations Minimum lot area (square feet) INZIMIMMON 7,000 6,000 3,500 2,500 Minimum lot width 50 feet 50 feet 30 feet 20 feet Minimum lot depth 80 feet 80 feet 80 feet 50 feet Minimum front yard setback 20 feet 10 feet 10 feet None Minimum side yard 6 feet 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet 10 feet None Minimum rear yard 10 feet 10 feet 10 feet None The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: The following limits apply to all buildings: General Regulations 12 Maximum lot coverage 60% 60% 60% 80% Minimum landscaped area 40% 40% 40% 20% Maximum building height 40 feet 40 feet 40 feet 65 feet Maximum WECS height 55 feet 55 feet 55 feet 75 feet 10 feet 10 feet 15 feet 20 feet plus 1 plus 1 plus 1 plus 1 foot for foot for foot for foot for Minimum yard when abutting a single- each each each each family use or district foot of foot of foot of foot of building building building building height height height height above above above above 20 feet 20 feet 20 feet 20 feet The charts below provide a comparison of the NR -4, NR -6, NRMU, and NRMU -12 zoning districts: Categories Residential Land Use Agriculture P P P P Livestock L(7) L(7) L(7) L(7) Single Family Dwellings P P P N Accessory Dwelling Units L(1) U L(1) N Attached Single Family Dwellings SUP P P L(40) Dwellings Above Businesses N N P P Live /Work Units N L(16) P P Duplexes L(3) P P N Community Homes For the Disabled P P P P Group Homes N N SUP SUP Multi - Family Dwellings N N L(4) SUP L(4) Fraternity or Sorority House N N SUP SUP Dormitory N N SUP SUP Manufactured Housing Developments N SUP N N Commercial Land Use Categories 11 Home Occupation P P 12 P P Sale of Products Grown on Site N N N N Hotels N N N P Motels N N N N Bed and Breakfast N N L(10) P Retail Sales and Service N N L(15) L(17) Movie Theaters N N N N Restaurant or Private Club N N N L(11) Drive - through Facility N N N SUP Professional Services and Offices N N L(14) L(17) Quick Vehicle Servicing N N N SUP Vehicle Repair N N N N Auto and RV Sales N N N N Laundry Facilities N N P P Equestrian Facilities N N N N Outdoor Recreation P P SUP SUP Indoor Recreation N N N N Conference /Convention Centers N N N N Major Event Entertainment N N N N Commercial Parking Lots N N N N Administrative or Research Facilities N N N L(14) Broadcasting of Production Studio N N N L(14) Sexually Oriented Business N N N N Temporary Uses L(38) L(38) L(38) L(38) Industrial Land Use Categories Printing / Publishing N N N N Bakeries N N N L(21) Manufacture of Non - odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center /Warehouse, General N N N N Warehouse, Retail N N N N Self- service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics N N N P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N N N Gas Wells SUP L(27) SUP L(27) SUP L(27) SUP L(27) Limitations L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. Institutional Land Use Categories Basic Utilities L(25) L(25) L(25) L(25) Community Service N N P P Parks and Open Space P P P P Churches P P P P Semi - public, Halls, Clubs, and Lodges SUP SUP L(15) P Business/ Trade School N N N L(14) Adult or Child Day Care SUP SUP P P Kindergarten, Elementary School SUP SUP P P Middle School N N P P High School N N N SUP Colleges N N N N Hospital N N N N Elderly Housing N SUP L(13) P Medical Centers N N N P Cemeteries N N N N Mortuaries N N N N WECS (Free- standing Monopole Support Structure) SUP SUP SUP SUP WECS (Building- mounted) SUP SUP SUP SUP Limitations L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off - street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) = Multi- family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed -Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi - family use within one year prior to the effective date of Ordinance No. _2005 -224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(8) = Travelers' accommodations, are permitted, provided that: 1. The business -owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off - street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off - Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non - plastic material, non - interior illuminated of 4 sq. ft. maximum size is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All travelers' accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via Public Street or alley access to the site from the arterial. 6. Excluding the business - owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi - Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) = Uses that exceed twenty -five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(20) = Permitted, but outdoor storage of autos prohibited. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) = Use allowed as part of consolidated parking plan. L (38) = Must meet the requirements of Section 35.12.9. L (40) = Limited to a maximum 12 units per acre. B. Current Zoning District Allocation Subject Property Zoning allocation 3.39 f acres Current Allocation in the City Proposed Allocation Change Based Upon Calhoun Middle 1.6 miles f 1 Request Neighborhood 1,353.56 acres 1,356.95acres +3.39 acres Residential 6 (NR -6) 1,093.66 acres 1,095.95 acres +2.29 acres Source: City of Denton Subject Property Zoning allocation 2.29 f acres Current Allocation in the City Proposed Allocation Change Based Upon Calhoun Middle 1.6 miles f 1 Request Neighborhood 1 Residential Mixed 1,093.66 acres 1,095.95 acres +2.29 acres Use (NRMU) Source: Cio) of Denton Subject Property Zoning allocation 1.73 f acres Current Allocation in the City Proposed Allocation Change Based Upon Calhoun Middle 1.6 miles f 1 Request Neighborhood 1 Residential Mixed 1,199.2 acres 1,200.93 acres +1.73 acres Use 12 (NRMU -12) Source: Cio) of Denton Nearest Elementary, Middle, and High School Name of School Approximate Distance From Subject Property Project's Estimated Annual Student Generation Lee Elementary 0.8 miles f 2 Calhoun Middle 1.6 miles f 1 Guyer High School 6.6 miles f 1 Source: Denton Independent School District Nearest Fire, and EMS Station Name of Station Approximate Distance From Subject Property Fire /EMS Station 2, 3309 E. McKinney Street 1.1 miles f Source: City of Denton GIS, Eire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im act Analysis 3.125 f acres Residential, and Adequate to Serve (Yes 3.585 acres Proposed Demand or No) Commercial Permitted Density 20 residential units Yes Potable Water Consumption 183 (peak) Yes (GPM) 20 Yes Wastewater 109 (peak) Yes Generation (GPM) B. Available Capacity: Water is available from the existing 6 -inch main along Jannie Street and from the existing 8 -inch main along McKinney Street. Sewer is available via the existing 8 -inch gravity sewer main that runs along Applicant's eastern property line and a portion of Applicant's northern property line. C. CIP Planned Improvements: None Roadways /Transportation Network: A. Estimated Demand: Subject Property Estimated Im act Analysis 3.125 f acres Residential, and Adequate to Serve (Yes 3.585 acres Proposed Demand or No) Commercial Permitted Density 20 dwelling units Yes Average Annual Daily Trips (AADT) 200 Yes PM Peak Hour Trips 20 Yes B. Available Capacity: Jannie Street has the capacity to accommodate this development. C. Roadway Conditions: Jannie Street is classified as an unimproved perimeter street per Section 35.20.2.L.3.a of the COD Development Code. Per Section 35.20.2.L.2 of the COD Development Code, construction of 25 -feet wide concrete pavement, 8 -foot wide sidewalk, curb and gutter, and required drainage improvements will be required along Jannie Street frontage. McKinney Street is classified as an Improved Perimeter Street. D. CIP Planned Improvements: None Electric: General Information 1. A 20" public utility easement will be required next to TXDOT right -of -way. 2. A 30" wide by 8" deep easement will be required for DME to install one pad mounted switch at the site. 3. For budget purposes the developer can use $50,000 as aid to construction for the developer share of the cost to adjust the overhead electric lines to accommodate the proposed modifications to the McKinney Street and Janie Street intersection. Park Facilities: The Park Land Dedication Ordinance applies to developments with residential subdivisions of five (5) dwelling units or more. The Park Land Dedication and Park Development Fees are based on a formula of 2.5 x the number of residential units x 1.8 for multifamily or 2.8 for single family divided by 1000. This figure equals the number of acres that will need to be donated to the city for green space, or a settlement of cash in lieu of land in the amount comparable to that of the appraised valuation of the land developed. A Park Development Fee will be assessed at time of obtaining building permits equal to $187 per multifamily residential unit or $291 per single family unit. Exhibit 10 Site Photos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Exhibit 11 June 11, 2014, Draft Planning and Zoning Commission Meeting Minutes Commissioner Conner and Commissioner Strange returned to the dais. Lockley introduced Jackson. This is a rezoning request of approximately 6.71 acres of land from Neighborhood Residential 4 (NR -4) zoning district to Neighborhood Residential 6 (NR -6) zoning district, Neighborhood Residential Mixed Use (NRMU) zoning district, and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. Jackson provided the proposed concept plan that included the proposed NR -6, NRMU -12, and NRMU zoning districts and their uses. The subject site is surrounded by four residential subdivisions. The proposed rezoning conforms to the Future Land Use element of the Denton Plan. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Staff sent out 53 Public Notices to property owners within 200 feet of the subject site, and 139 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received five returned responses in opposition, and one returned response neutral to the request. The Development Review Committee recommends approval of this request to rezone the southern portion of the site which fronts along McKinney Street to NRMU and NRMU -12. The Development Review Committee recommends denial of the request to rezone the northern 3.39 acres of the subject site to NR -6. Jackson stated the applicant is present. Bentley questioned the zoning history of the property; Jackson stated the zoning shows Single Family -7 (SF -7). This was then relabeled NR -4 with the city wide zoning. Bentley questioned what SF -7 zoning is; Jackson stated it is Single - Family -7, in regards to 7,000 square foot lots. Conner questioned the current zoning. Jackson stated it is NR -4. Conner questioned the issue with the NR -6 proposed zoning. Jackson stated the lots are larger than they run. Bentley questioned when the surrounding neighborhood was developed; Jackson stated she is unaware; the plat doesn't have a date on it. Taylor questioned if there is anything within the developers plan that would prevent multi - family or duplexes. Jackson stated the developer stated they do not want duplexes, as they would not work for the layout. Taylor questioned what the NR -6 zoning district allows. Jackson stated NR- 6 permits duplexes, it doesn't permit multi - family, but it does permit single - family residence. Rick Baria, 5138 Edwards Rd, Denton, Texas. Baria stated the owner is present as well. Baria thanked staff on their work. He stated he has come to the agreement with staff on the items except for the denial of the request to the northern portion of the property. Baria stated food services would be beneficial to the area. There are neighboring legal and court facilities that would be able to use those restaurant facilities. Baria stated he and the owner met with the neighbors. There were some concerns; this is why the layout has changed. Baria stated they are 18 I trying to save as many trees as possible. Conner questioned the square foot size of the proposed 2 single - family homes. Baria stated approximately 1,100 -1,400 square foot. 3 4 Taylor questioned if the plan is conceptual, Baria stated yes. Taylor questioned if the area has 5 been calculated. Baria stated there will be shared drive -ways, and the measurements of the hose 6 length rule meet the requirements. The slope on the property goes to the southeast. Baria stated if 7 the layout were to be changed, then a retaining wall would have to be constructed. Taylor 8 questioned if Baria would be willing to have duplexes restricted on the request. Baria stated he 9 agrees. Strange stated he likes the design of this request. Reece questioned if there is only one 10 way in and out of the site. Baria stated that is correct; there is also a point of access on the south 11 portion of the site. 12 13 Steve Stone, 6327 Freeman Road, Krum, Texas. Stone stated he brought this property before the 14 Development Review Committee approximately eight years ago. The options at that time were 15 limited for the development. The downtown and market didn't provide much opportunity to 16 move forward with this request at that time. The southeastern side of the property is the 17 challenge spot for the property. The water has to be detained on the site; there isn't enough 18 height on the south end to hold the water. The water has to be stored underground. This creates a 19 large expense. There are currently two letters of intent on the site for restaurants. This is a local 20 individual that is interested in the site. The other individual is interested in occupying the office 21 space. This would be a great addition to the city. 22 23 Reece opened the Public Hearing. He read the Public Hearing cards into the record for those 24 individuals that didn't wish to speak. 25 26 Luis De Jesus, 708 Jannie Street, Denton, Texas. Jesus is in support of this request. 27 Teresa Garcia, 304 Campbell Lane, Denton, Texas. Garcia is opposed to this request. 28 Larry Gody, 309 Campbell Lane, Denton, Texas. Gody is opposed to this request. He stated there 29 doesn't need to be more traffic added to the area, and do not need more lawyers and bail bonds to 30 the area. 31 32 Gene Hartman, 818 Stanley, Denton, Texas. Hartman stated he owns the property and supports 33 this request. Hartman stated he has been a barber in Denton for 55 years. He has owned the 34 property for approximately 28 years. The house at the north of the property has been rented; he 35 tried to keep in good neighbors for the area in the rental property. The drainage was an issue and 36 was a good amount of cost. Hartman stated the single - family lots are needed with this 37 development in order to make this development work. This would be a good development for the 38 area and community. Hartman thanked the Commission. 39 40 There was no one else to speak on this item. Reece closed the Public Hearing. 41 Strange questioned if they were to vote for the NR -4 zoning district that staff recommends denial 42 for, could that be a condition placed on the motion. Leal stated it would be an overlay district. 43 44 Lockley informed the Commission this is still a rezoning case. There is no requirement that the 45 applicant develop to that site plan or any site plan. Bentley stated this is the first time this 46 Commission has seen a layout like this. The property is arranged to have the development placed 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 on the property, the concrete is limited. The sidewalks limit the number of streets a citizen would have to cross. Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve the entire request with an overlay district to prohibit duplexes. Motion approved (6 -0). Lockley introduced Wyatt. Wyatt provided a location map, the site is currently zoned Neighborhood Residential -4. The subject site is currently vacant. This site is located within Planned Development -132. Staff sent out 2 Public Hearing notices to property owners within 200 feet of the subject site, and 103 courtesy notices to property owners within 500 feet of the subject site. At this time staff has not received any returned responses. The Development Review Committee recommends approval of this request. Strange referred to plat item lot 11, which is dedicated to the Homeowner's Association (HOA). Strange requested clarification on which individuals would be responsible for lot 11, whether it be the HOA or the individuals. Wyatt stated her understating is that the HOA would be maintaining the wall. There is a private wall access easement that provides access to the wall. Reece opened the Public Hearing. There was no one to speak on this item. The applicant was not present. Reece closed the Public Hearing. Commissioner Frank Conner motioned, Commissioner Brian Bentley seconded to approve this request. The motion failed. Leal stated here is some uncertainty as to who is responsible for the maintenance of the mentioned wall. If this request is approved, then that issue would not be resolved. Leal suggested postponing this request to a date certain, and Conner could withdraw his motion. Leal stated staff could gather more information and bring this item back before this Commission. Conner withdrew his motion. Menguita stated the staff isn't present; staff will meet with the applicant and provide more information. Commissioner Frank Conner motioned, Commissioner Jim Strange seconded to postpone this request to June 25, 2014. Motion approved (6 -0). 20 Exhibit 12 s:Uega1 \our d0cuments \ordinances \Wz11 - 0018 -a1 edits. docx Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR -4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL 6 (NR -6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, AND FURTHER RESTRICTED BY AN OVERLAY DISTRICT; THE AREA FOR ZONING CHANGE ENCOMPASSES 6.71 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND JANNIE STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z11 -0018) WHEREAS, Rick Baria, on behalf of Gene Hartman, has applied for a change in zoning for approximately 6.71 acres of land legally described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a Neighborhood Residential 4 (NR -4) zoning district classification and use designation to a Neighborhood Residential 6 (NR -6) zoning district classification and use designation, a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation; and a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation and WHEREAS, on June 11, 2014, the Planning and Zoning Commission held a public hearing as required by law, and upon conclusion the Planning and Zoning Commission recommended approval of the requested change in zoning subject to an overlay restriction (the "Overlay "): WHEREAS, on July 15, 2014 the City Council held a public hearing as required by law, and upon conclusion the City Council finds that the change is consistent with the Denton Plan and the Development Code; 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 as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from Neighborhood Residential 4 (NR -4) to a Neighborhood Residential 6 (NR- 6) zoning district classification and use designation, a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation; and a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation as further restricted by the following Overlay: 1. Residential duplex homes are prohibited. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 3. The City's official land use map is amended to show the change in the land use designation. SECTION 4. 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 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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 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 15th day of July, 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY l CHRIS WATTS, MAYOR PAGE 2 Exhibit A TRACT I - ZONING NR -6 3.125 ACRES FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AT A 1/2" IRON ROD FOUND FOR CORNER IN THE NORTH LINE OF SAID BUSHEY TRACT; THENCE NORTH 88 DEGREES 12 MINUTES 28 SECONDS EAST WITH THE NORTH LINE OF SAID BUSHEY TRACT, PASSING EN ROUTE AT A DISTANCE OF 0.85 FEET A 1/2" IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 3 IN JANNIE STREET ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, PAGE 84, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND CONTINUING ON SAID COURSE AND WITH THE SOUTH LINE OF SAID LOT 3 IN, A TOTAL DISTANCE OF 210.09 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 3 AND THE SOUTHWEST CORNER OF LOT 12 OF MACK ADDITION FIRST INSTALLMENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7, PAGE 43, SAID PLAT RECORDS; THENCE NORTH 89 DEGREES 34 MINUTES 06 SECONDS EAST WITH THE NORTH LINE OF SAID BUSHEY TRACT AND WITH THE SOUTH LINE OF SAID LOT 12 FOR A DISTANCE OF 176.53 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT A RE- ENTRANT CORNER IN BLOCK 6 OF SAID MACK ADDITION; THENCE SOUTH 00 DEGREES I 1 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF SAID BLOCK 6, A DISTANCE OF 316.53 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE THE NEXT FIVE (5) COURSES AND DISTANCES SEVERING SAID BUSHEY TRACT; 1) NORTH 78 DEGREES 45 MINUTES 36 SECONDS WEST, FOR A DISTANCE OF 59.68 FEET TO A POINT FOR CORNER; 2) SOUTH 11 DEGREES 14 MINUTES 24 SECONDS WEST, FOR A DISTANCE OF 49.12 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A CURVE TO THE LEFT; 3) WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 91.67 FEET, WITH A RADIUS OF 640 FEET, WITH A CHORD BEARING OF SOUTH 89 DEGREES 04 MINUTES 22 SECONDS WEST, WITH A CHORD LENGTH OF 91.59 FEET TO A POINT FOR CORNER; 4) CONTINUING WITH A COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 103.01 FEET, WITH A RADIUS OF 1600 FEET, WITH A CHORD BEARING OF SOUTH 83 DEGREES 07 MINUTES 31 SECONDS WEST, WITH A CHORD LENGTH OF 102.99 FEET TO A POINT FOR CORNER; 5) SOUTH 81 DEGREES 16 MINUTES 54 SECONDS WEST FOR A DISTANCE OF 125.06 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; Exhibit A THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST WITH SAID EAST RIGHT -OF- WAY OF JANNIE STREET FOR A DISTANCE OF 377.95 FEET, TO THE POINT OF BEGINNING, CONTAINING 3.125 ACRES OF LAND MORE OR LESS. TRACT 2 - ZONING NRMU -l2 Exhibit A 2.184 ACRES FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AT A 1/2" CAPPED IRON ROD SET FOR CORNER, IN THE EAST RIGHT OF WAY LINE OF JANNIE STREET; THENCE THE NEXT FIVE (5) COURSES AND DISTANCES SEVERING SAID BUSHEY TRACT; 1) NORTH 81 DEGREES 16 MINUTES 54 SECONDS EAST FOR A DISTANCE OF 125.06 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A CURVE TO THE RIGHT; 2) WITH SAID CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 103.01 FEET, WITH A RADIUS OF 1600 FEET, WITH A CHORD BEARING OF NORTH 83 DEGREES 07 MINUTES 31 SECONDS EAST, WITH A CHORD LENGTH OF 102.99 FEET TO A POINT FOR CORNER; 3) CONTINUING WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 91.67 FEET, WITH A RADIUS OF 640 FEET, WITH A CHORD BEARING OF NORTH 89 DEGREES 04 MINUTES 22 SECONDS EAST, WITH A CHORD LENGTH OF 91.59 FEET TO A POINT FOR CORNER; 4) NORTH 11 DEGREES 14 MINUTES 24 SECONDS EAST FOR A DISTANCE OF 49.12 FEET TO A POINT FOR CORNER; 5) SOUTH 78 DEGREES 45 MINUTES 36 SECONDS EAST FOR A DISTANCE OF 59.68 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF SAID BLOCK 6 OF MACK ADDITION, A DISTANCE OF 449.61 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE NORTH 88 DEGREES 50 MINUTES 19 SECONDS WEST, SEVERING SAID BUSHEY TRACT, A DISTANCE OF 340.18 FEET TO A POINT FOR CORNER; THENCE NORTH 67 DEGREES 00 MINUTES 00 SECONDS WEST, CONTINUING THE LINE OF SEVERANCE, A DISTANCE OF 49.27 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER, IN THE EAST RIGHT OF WAY LINE OF JANNIE STREET; THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST, WITH SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 195.02 FEET, TO THE POINT OF BEGINNING, CONTAINING 2.184 ACRES OF LAND MORE OR LESS. Exhibit A TRACT 3 - ZONING NRMU 1.404 ACRES FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF TILE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AT A BRASS RIGHT -OF -WAY MONUMENT FOUND FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF MCKINNEY STREET AND THE EAST RIGHT OF WAY LINE OF JANNIE STREET; THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST WITH SAID EAST RIGHT OF WAY OF JANNIE STREET, FOR A DISTANCE OF 174.51 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 67 DEGREES 00 MINUTES 00 SECONDS EAST, SEVERING SAID BUSHEY TRACT, A DISTANCE OF 49.27 FEET TO A POINT FOR CORNER; THENCE NORTH 88 DEGREES 50 MINUTES 19 SECONDS WEST, CONTINUING THE LINE OF SEVERANCE, A DISTANCE OF 340.18 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER, IN THE WEST LINE OF BLOCK 6, MACK ADDITION FIRST INSTALLMENT; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF SAID BLOCK 6, A DISTANCE OF 159.14 FEET, AT THE SOUTHEAST CORNER OF SAID BUSHEY TRACT, IN THE NORTH RIGHT OF WAY LINE OF MCKINNEY STREET; THENCE NORTH 88 DEGREES 23 MINUTES 50 SECONDS WEST, WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 385.21 FEET, TO THE POINT OF BEGINNING, CONTAINING 2.184 ACRES OF LAND MORE OR LESS. irz• idF Exhibit B Exhibit 2 Aerial Map Exhibit 3 Existing Zoning Map 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Exhibit 11 June 11, 2014, Draft Planning and Zoning Commission Meeting Minutes Commissioner Conner and Commissioner Strange returned to the dais. Lockley introduced Jackson. This is a rezoning request of approximately 6.71 acres of land from Neighborhood Residential 4 (NR -4) zoning district to Neighborhood Residential 6 (NR -6) zoning district, Neighborhood Residential Mixed Use (NRMU) zoning district, and Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. Jackson provided the proposed concept plan that included the proposed NR -6, NRMU -12, and NRMU zoning districts and their uses. The subject site is surrounded by four residential subdivisions. The proposed rezoning conforms to the Future Land Use element of the Denton Plan. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Staff sent out 53 Public Notices to property owners within 200 feet of the subject site, and 139 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received five returned responses in opposition, and one returned response neutral to the request. The Development Review Committee recommends approval of this request to rezone the southern portion of the site which fronts along McKinney Street to NRMU and NRMU -12. The Development Review Committee recommends denial of the request to rezone the northern 3.39 acres of the subject site to NR -6. Jackson stated the applicant is present. Bentley questioned the zoning history of the property; Jackson stated the zoning shows Single Family -7 (SF -7). This was then relabeled NR -4 with the city wide zoning. Bentley questioned what SF -7 zoning is; Jackson stated it is Single - Family -7, in regards to 7,000 square foot lots. Conner questioned the current zoning. Jackson stated it is NR -4. Conner questioned the issue with the NR -6 proposed zoning. Jackson stated the lots are larger than they run. Bentley questioned when the surrounding neighborhood was developed; Jackson stated she is unaware; the plat doesn't have a date on it. Taylor questioned if there is anything within the developers plan that would prevent multi - family or duplexes. Jackson stated the developer stated they do not want duplexes, as they would not work for the layout. Taylor questioned what the NR -6 zoning district allows. Jackson stated NR- 6 permits duplexes, it doesn't permit multi - family, but it does permit single - family residence. Rick Baria, 5138 Edwards Rd, Denton, Texas. Baria stated the owner is present as well. Baria thanked staff on their work. He stated he has come to the agreement with staff on the items except for the denial of the request to the northern portion of the property. Baria stated food services would be beneficial to the area. There are neighboring legal and court facilities that would be able to use those restaurant facilities. Baria stated he and the owner met with the neighbors. There were some concerns; this is why the layout has changed. Baria stated they are 18 I trying to save as many trees as possible. Conner questioned the square foot size of the proposed 2 single - family homes. Baria stated approximately 1,100 -1,400 square foot. 3 4 Taylor questioned if the plan is conceptual, Baria stated yes. Taylor questioned if the area has 5 been calculated. Baria stated there will be shared drive -ways, and the measurements of the hose 6 length rule meet the requirements. The slope on the property goes to the southeast. Baria stated if 7 the layout were to be changed, then a retaining wall would have to be constructed. Taylor 8 questioned if Baria would be willing to have duplexes restricted on the request. Baria stated he 9 agrees. Strange stated he likes the design of this request. Reece questioned if there is only one 10 way in and out of the site. Baria stated that is correct; there is also a point of access on the south 11 portion of the site. 12 13 Steve Stone, 6327 Freeman Road, Krum, Texas. Stone stated he brought this property before the 14 Development Review Committee approximately eight years ago. The options at that time were 15 limited for the development. The downtown and market didn't provide much opportunity to 16 move forward with this request at that time. The southeastern side of the property is the 17 challenge spot for the property. The water has to be detained on the site; there isn't enough 18 height on the south end to hold the water. The water has to be stored underground. This creates a 19 large expense. There are currently two letters of intent on the site for restaurants. This is a local 20 individual that is interested in the site. The other individual is interested in occupying the office 21 space. This would be a great addition to the city. 22 23 Reece opened the Public Hearing. He read the Public Hearing cards into the record for those 24 individuals that didn't wish to speak. 25 26 Luis De Jesus, 708 Jannie Street, Denton, Texas. Jesus is in support of this request. 27 Teresa Garcia, 304 Campbell Lane, Denton, Texas. Garcia is opposed to this request. 28 Larry Gody, 309 Campbell Lane, Denton, Texas. Gody is opposed to this request. He stated there 29 doesn't need to be more traffic added to the area, and do not need more lawyers and bail bonds to 30 the area. 31 32 Gene Hartman, 818 Stanley, Denton, Texas. Hartman stated he owns the property and supports 33 this request. Hartman stated he has been a barber in Denton for 55 years. He has owned the 34 property for approximately 28 years. The house at the north of the property has been rented; he 35 tried to keep in good neighbors for the area in the rental property. The drainage was an issue and 36 was a good amount of cost. Hartman stated the single - family lots are needed with this 37 development in order to make this development work. This would be a good development for the 38 area and community. Hartman thanked the Commission. 39 40 There was no one else to speak on this item. Reece closed the Public Hearing. 41 Strange questioned if they were to vote for the NR -4 zoning district that staff recommends denial 42 for, could that be a condition placed on the motion. Leal stated it would be an overlay district. 43 44 Lockley informed the Commission this is still a rezoning case. There is no requirement that the 45 applicant develop to that site plan or any site plan. Bentley stated this is the first time this 46 Commission has seen a layout like this. The property is arranged to have the development placed 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 on the property, the concrete is limited. The sidewalks limit the number of streets a citizen would have to cross. Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve the entire request with an overlay district to prohibit duplexes. Motion approved (6 -0). Lockley introduced Wyatt. Wyatt provided a location map, the site is currently zoned Neighborhood Residential -4. The subject site is currently vacant. This site is located within Planned Development -132. Staff sent out 2 Public Hearing notices to property owners within 200 feet of the subject site, and 103 courtesy notices to property owners within 500 feet of the subject site. At this time staff has not received any returned responses. The Development Review Committee recommends approval of this request. Strange referred to plat item lot 11, which is dedicated to the Homeowner's Association (HOA). Strange requested clarification on which individuals would be responsible for lot 11, whether it be the HOA or the individuals. Wyatt stated her understating is that the HOA would be maintaining the wall. There is a private wall access easement that provides access to the wall. Reece opened the Public Hearing. There was no one to speak on this item. The applicant was not present. Reece closed the Public Hearing. Commissioner Frank Conner motioned, Commissioner Brian Bentley seconded to approve this request. The motion failed. Leal stated here is some uncertainty as to who is responsible for the maintenance of the mentioned wall. If this request is approved, then that issue would not be resolved. Leal suggested postponing this request to a date certain, and Conner could withdraw his motion. Leal stated staff could gather more information and bring this item back before this Commission. Conner withdrew his motion. Menguita stated the staff isn't present; staff will meet with the applicant and provide more information. Commissioner Frank Conner motioned, Commissioner Jim Strange seconded to postpone this request to June 25, 2014. Motion approved (6 -0). 20 Exhibit 12 s:Alegal \our d0cuments \ordinances \Wz11 - 0018 -a1 edits. docx Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR -4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL 6 (NR -6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, AND FURTHER RESTRICTED BY AN OVERLAY DISTRICT; THE AREA FOR ZONING CHANGE ENCOMPASSES 6.71 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND JANNIE STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z11 -0018) WHEREAS, Rick Baria, on behalf of Gene Hartman, has applied for a change in zoning for approximately 6.71 acres of land legally described in Exhibit "A" and depicted in Exhibit "B ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a Neighborhood Residential 4 (NR -4) zoning district classification and use designation to a Neighborhood Residential 6 (NR -6) zoning district classification and use designation, a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation; and a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation and WHEREAS, on June 11, 2014, the Planning and Zoning Commission held a public hearing as required by law, and upon conclusion the Planning and Zoning Commission recommended approval of the requested change in zoning subject to an overlay restriction (the "Overlay "): WHEREAS, on July 15, 2014 the City Council held a public hearing as required by law, and upon conclusion the City Council finds that the change is consistent with the Denton Plan and the Development Code; 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 as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from Neighborhood Residential 4 (NR -4) to a Neighborhood Residential 6 (NR- 6) zoning district classification and use designation, a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district classification and use designation; and a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation as further restricted by the following Overlay: 1. Residential duplex homes are prohibited. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 3. The City's official land use map is amended to show the change in the land use designation. SECTION 4. 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 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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 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 15th day of July, 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY l CHRIS WATTS, MAYOR PAGE 2 Exhibit A TRACT I - ZONING NR -6 3.125 ACRES FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AT A 1/2" IRON ROD FOUND FOR CORNER IN THE NORTH LINE OF SAID BUSHEY TRACT; THENCE NORTH 88 DEGREES 12 MINUTES 28 SECONDS EAST WITH THE NORTH LINE OF SAID BUSHEY TRACT, PASSING EN ROUTE AT A DISTANCE OF 0.85 FEET A 1/2" IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 3 IN JANNIE STREET ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET E, PAGE 84, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND CONTINUING ON SAID COURSE AND WITH THE SOUTH LINE OF SAID LOT 3 IN, A TOTAL DISTANCE OF 210.09 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 3 AND THE SOUTHWEST CORNER OF LOT 12 OF MACK ADDITION FIRST INSTALLMENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7, PAGE 43, SAID PLAT RECORDS; THENCE NORTH 89 DEGREES 34 MINUTES 06 SECONDS EAST WITH THE NORTH LINE OF SAID BUSHEY TRACT AND WITH THE SOUTH LINE OF SAID LOT 12 FOR A DISTANCE OF 176.53 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT A RE- ENTRANT CORNER IN BLOCK 6 OF SAID MACK ADDITION; THENCE SOUTH 00 DEGREES I 1 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF SAID BLOCK 6, A DISTANCE OF 316.53 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE THE NEXT FIVE (5) COURSES AND DISTANCES SEVERING SAID BUSHEY TRACT; 1) NORTH 78 DEGREES 45 MINUTES 36 SECONDS WEST, FOR A DISTANCE OF 59.68 FEET TO A POINT FOR CORNER; 2) SOUTH 11 DEGREES 14 MINUTES 24 SECONDS WEST, FOR A DISTANCE OF 49.12 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A CURVE TO THE LEFT; 3) WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 91.67 FEET, WITH A RADIUS OF 640 FEET, WITH A CHORD BEARING OF SOUTH 89 DEGREES 04 MINUTES 22 SECONDS WEST, WITH A CHORD LENGTH OF 91.59 FEET TO A POINT FOR CORNER; 4) CONTINUING WITH A COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 103.01 FEET, WITH A RADIUS OF 1600 FEET, WITH A CHORD BEARING OF SOUTH 83 DEGREES 07 MINUTES 31 SECONDS WEST, WITH A CHORD LENGTH OF 102.99 FEET TO A POINT FOR CORNER; 5) SOUTH 81 DEGREES 16 MINUTES 54 SECONDS WEST FOR A DISTANCE OF 125.06 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; Exhibit A THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST WITH SAID EAST RIGHT -OF- WAY OF JANNIE STREET FOR A DISTANCE OF 377.95 FEET, TO THE POINT OF BEGINNING, CONTAINING 3.125 ACRES OF LAND MORE OR LESS. TRACT 2 - ZONING NRMU -l2 Exhibit A 2.184 ACRES FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AT A 1/2" CAPPED IRON ROD SET FOR CORNER, IN THE EAST RIGHT OF WAY LINE OF JANNIE STREET; THENCE THE NEXT FIVE (5) COURSES AND DISTANCES SEVERING SAID BUSHEY TRACT; 1) NORTH 81 DEGREES 16 MINUTES 54 SECONDS EAST FOR A DISTANCE OF 125.06 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A CURVE TO THE RIGHT; 2) WITH SAID CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 103.01 FEET, WITH A RADIUS OF 1600 FEET, WITH A CHORD BEARING OF NORTH 83 DEGREES 07 MINUTES 31 SECONDS EAST, WITH A CHORD LENGTH OF 102.99 FEET TO A POINT FOR CORNER; 3) CONTINUING WITH A COMPOUND CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 91.67 FEET, WITH A RADIUS OF 640 FEET, WITH A CHORD BEARING OF NORTH 89 DEGREES 04 MINUTES 22 SECONDS EAST, WITH A CHORD LENGTH OF 91.59 FEET TO A POINT FOR CORNER; 4) NORTH 11 DEGREES 14 MINUTES 24 SECONDS EAST FOR A DISTANCE OF 49.12 FEET TO A POINT FOR CORNER; 5) SOUTH 78 DEGREES 45 MINUTES 36 SECONDS EAST FOR A DISTANCE OF 59.68 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF SAID BLOCK 6 OF MACK ADDITION, A DISTANCE OF 449.61 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE NORTH 88 DEGREES 50 MINUTES 19 SECONDS WEST, SEVERING SAID BUSHEY TRACT, A DISTANCE OF 340.18 FEET TO A POINT FOR CORNER; THENCE NORTH 67 DEGREES 00 MINUTES 00 SECONDS WEST, CONTINUING THE LINE OF SEVERANCE, A DISTANCE OF 49.27 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER, IN THE EAST RIGHT OF WAY LINE OF JANNIE STREET; THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST, WITH SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 195.02 FEET, TO THE POINT OF BEGINNING, CONTAINING 2.184 ACRES OF LAND MORE OR LESS. Exhibit A TRACT 3 - ZONING NRMU 1.404 ACRES FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE JONATHON BROCK SURVEY, ABSTRACT NUMBER 55, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF TILE TRACT OF LAND DESCRIBED IN THE DEED TO BETTIE BUSHEY, AS RECORDED IN VOLUME 399, PAGE 526, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AT A BRASS RIGHT -OF -WAY MONUMENT FOUND FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF MCKINNEY STREET AND THE EAST RIGHT OF WAY LINE OF JANNIE STREET; THENCE NORTH 00 DEGREES 18 MINUTES 06 SECONDS WEST WITH SAID EAST RIGHT OF WAY OF JANNIE STREET, FOR A DISTANCE OF 174.51 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER; THENCE SOUTH 67 DEGREES 00 MINUTES 00 SECONDS EAST, SEVERING SAID BUSHEY TRACT, A DISTANCE OF 49.27 FEET TO A POINT FOR CORNER; THENCE NORTH 88 DEGREES 50 MINUTES 19 SECONDS WEST, CONTINUING THE LINE OF SEVERANCE, A DISTANCE OF 340.18 FEET TO A 1/2" CAPPED IRON ROD SET FOR CORNER, IN THE WEST LINE OF BLOCK 6, MACK ADDITION FIRST INSTALLMENT; THENCE SOUTH 00 DEGREES 11 MINUTES 10 SECONDS EAST WITH THE WEST LINE OF SAID BLOCK 6, A DISTANCE OF 159.14 FEET, AT THE SOUTHEAST CORNER OF SAID BUSHEY TRACT, IN THE NORTH RIGHT OF WAY LINE OF MCKINNEY STREET; THENCE NORTH 88 DEGREES 23 MINUTES 50 SECONDS WEST, WITH SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 385.21 FEET, TO THE POINT OF BEGINNING, CONTAINING 2.184 ACRES OF LAND MORE OR LESS. irz• idF Exhibit B Exhibit 4 Proposed Zoning Map rAlffl.lrlr-7 Iii Y41 rs remz�m9 [' nE 9.7 Pt 9�ry, �,.� D p9& 7 U19.M fX "�kf .i N E n 9f^" I �� R FS Sly" aY,yJ ?-t H�x tllA ET: ridAl y P7 0q a "�'"'" ' P"W _�,,�;, Exhibit 5 Future Land Use Plan Y / mym Em DENTON Z11-0018T Exhibit 6 1 T T A 1 Legend Parcels SYMBOL ® ® ®1 105 mdu0000imihCOD 5YEAR \ SDE.Thoroughfares 0 ETJ �o�0000�m� ®®®® 103 ❑OCR 111 3YEAR " e CHy 4 Of, 104 H 452 Centerline Exhibit 7 We propose NR -6 a residential zoning for the remainder of the site. New homes need smaller lots to be viable at marketable pricing, and NR -6 zoning allows the greatest flexibility for residential construction. The circular arrangement of the concept centrally distributes the utilities, the lots are uniquely individual, and they offer a reduced burden in landscape maintenance. Offices on the entire site could be neighborhood concern, so we held a neighborhood meeting at the end of Dec. 2013 to investigate. Although the roads were clear, only one person showed up. This individual examined various concept plans for the site, including one with no offices at all. This variation, requested by the Director of Planning, allowed the restaurants on McKinney and only SF homes northward. This individual, a Mr. Esquivel, judged that the best plan for neighborhood improvement did include the offices. Please take note that he lives on Jannie across from the NW corner of the site. A few doors to the south of his home a house was condemned to be demolished so he is pleased to see interest in the location. He understands that the substantial infrastructure improvement must be paid for and homes are not enough for that. Housing in this area is less valuable than the average for the city. We think it possible to obtain higher prices because the homes would be new, the design creates an enclave, and a few people will want to live there because they work nearby. Builders could efficiently construct 15 -20 small homes in one place, which is a more attractive proposition that the one lot opportunity typical of infill. Since Mr. Esquivel and many of those who live in this area are Spanish speakers, we sought to meet on a separate occasion with them. Mr. Esquivel had mentioned that he had spoken to some of them before the first meeting, so we asked to contact them again offering a meeting held in Spanish. After several email exchanges over two weeks or so, and a face -to -face at his house, no one had responded asking for such a meeting. Therefore, at this time we do not know of any opposition to the offices. The drainage improvements and the non - standard street design required to preserve the large, stately Post Oaks in the middle of Janie Street cannot be afforded with without sufficient commercial zoning. Therefore we ask for your support for this zoning change as shown in our concept plan: NRMU for the commercial potion and NR -6 for the residential portion of the site. We do understand that we will need to apply for an ADP or alter the parking in the commercial section. Sincerely, Rick Baria Exhibit 8 Proposed Concept Plan 211-0018 Exhibit 9 Notification Map MM Favor C--"2 COD N Neutral C2M 5YEAR Opposed 1= 7 YEAR W- E oe C=200 Ft Boundary C— D ETJ U t Of C=500 Ft Boundary DENTON S Nannhig DvpArfinwm9 - GN C= SITE 0 62 5 125 250 DENTON Centerline F-t City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I EN" " N File #: S12 -0001, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Continue a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow wrecker services and impound lots use on a property located in an Employment Center Industrial (EC -I) zoning and use district on approximately 1.3 acres. The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S12 -0001) The Planning and Zoning Commission recommended approval of this request subject to conditions (6 -0). BACKGROUND At the July 15, 2014, City Council meeting, the applicant requested that this public hearing item be opened and continued to the August 5, 2014, City Council meeting. This request was to allow the application to move forward without staff having to re- notice the property (See Exhibit 1). The applicant (Greg Edwards on behalf of Akers Towing Services) is requesting approval of a Specific Use Permit (SUP) to legally conduct wrecker services and impound lots operations on the subject property. The subject site is currently zoned EC -I. Per Section 35.5.6.2 of the Denton Development Code (DDC), wrecker services and impounds lots require an approval of SUP and must comply with limitation (L29). Presently, the site is used for wrecker services and impounds lots operation. There are no records showing City of Denton issued a permit for the operation. The intent of this request is to obtain required permits from the City to authorize the use. Information on file with the Building Inspection Division indicates the City issued a Certificate of Occupancy (C.O.) for the property in 1978 for automotive store. However, no wrecker services or impound lots were approved with the use. The property was designated as a Commercial zoning district in 1978. Per the City of Denton 1969 Zoning Ordinance, the Ordinance regulating land use in 1978, auto wrecking or salvage yard was prohibited in the Commercial zoning district. Subsequent to the 1978 C.O., several C.O.'s were issued by the City for uses relating to automotive services. The following is a chronology of all C.O's issued for the site: ■ August 9, 1978, C.O. issued for automotive store (no wrecker or towing were associated with this use). ■ May 7, 1986, C.O. issued for automobile paint and body shop. City of Denton Page 1 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: S12 -0001, Version: 1 ■ April 5 1988, C.O. issued for auto body repair. ■ August 9, 1989, C.O. issued for auto repair and refinish. ■ April 15, 1999, C.O. issued for auto paint and body repair. ■ March 4, 2002, C.O. issued for auto storage (no wrecker or towing were authorized with the issuance of the C.O.). Denton Development Code Sections 35.5.6.2 and 35.5.8 state the following conditions under limitation 29 for "wrecker services and impounds lots ": 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights -of -way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water - related habitat, and riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. The above conditions were approved by the City Council in 2009 (Ord. 2009 -115) to address aesthetics and permanent storm water controls for ensuring on -site water quality for "wrecker services and impound lots" operations in the city. The conditions are consistent with the State of Texas requirement for "wrecker services and impound lots" operations. The application submitted and the proposed site plan indicates all stored vehicles on -site would be screened from the public view in conformance with the requirement of the DDC. However, the proposed site plan and other related information submitted with the application does not demonstrate conformance with the limitation for best management practices (BMP's) for treatment of storm water quality and removal of pollutants for parking areas as established by the North Central Texas Council of Government, or similar practices consistent with low impact development (LID) approaches. Staff met on several occasions with the property owners (Joe and Gloria Akers) and their representative (Mr. Greg Edwards) in an attempt to direct them to submitting information and site development proposals conformance with the requirement of the DDC. Staff also visited the site on three occasions to discuss proposed layout of all equipments, storage of vehicles and landscaping on the site. After several deliberations, the applicant indicated it would be too costly to bring the site to conform to the BMP's being required by the DDC. The applicant asked staff to forward the request to the Planning and Zoning Commission without demonstrating conformance with these BMPs. At the March 19, 2014, Planning and Zoning Commission meeting, the P &Z recommended that staff and the applicant meet and discuss how the BMPs requirement can be addressed with or without staff recommended conditions of approval. On April 8, 2014, staff met with the applicant. However, there was no consensus reached on how the BMP's could be addressed. Staff met again on May 15, 2014, to continue the BMP discussion. Again, there was no consensus reached. The applicant insisted the activities on the site does not create environmental hazard to warrant the recommended conditions of approval for BMP's on the site. On April 15, 2014, the applicant submitted alternative proposed conditions of approval to address the BMP requirement (see Exhibit 11). It is staff's determination that the applicant's proposed alternative conditions City of Denton Page 2 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: S12 -0001, Version: 1 addressing the BMP's requirements on site are inadequate. Fifteen (15) public notices were sent to property owners within 200 feet of the site (Exhibit 7). Sixty -eight (68) courtesy notices were also sent to residents within five hundred (500) feet of this request. As of this writing, staff has received two responses in favor and one in opposition to the request from property owners within 200 feet of the boundary of the site. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table the item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request subject to conditions (6 -0). The Development Review Committee recommends approval of this Specific Use Permit subject to the following conditions: CONDITIONS OF APPROVAL: 1. The site plan as submitted and shown in Exhibit 8 shall guide the operation of the use of the property for wrecker services and impounds lots. 2. Best management practices (BMPs) addressing storm water quality must be implemented and maintained on site within ninety (90) days from date of approval of the Specific Use Permit. BMP(s) must be designed to treat hydrocarbons and attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. 3. Applicant shall provide documentation for best management practices for staff review and approval prior to installation. The documentation for the BMP's shall be submitted to staff for review within sixty days of approval of this SUP. 4. The applicant shall install an eight -foot (8') high screening fence and a type "B" buffer along the perimeter of the site. The landscaping shall be planted along the outside of the fence, and shall be irrigated and kept alive at all times. Material for the construction of the screening fence shall be made of wood or other opaque materials. 5. The applicant shall construct the screening fence and type `B' buffer within 60 days after approval of this SUP. The screening and type `B' buffer shall be maintained at all times for continual use of the property for wrecker services and impound lots. 6. Any violations of the above conditions shall render this SUP null and void without any further action of City of Denton Page 3 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: S12 -0001, Version: 1 the City of Denton. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION /REVIEW (Council, Boards, Commissions) At the March 19, 2014, meeting, the Planning and Zoning Commission recommended approval subject to conditions. At the July 15, 2014, meeting, the City Council continued this item to the August 5, 2014, City Council Meeting. FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1. Request for Continuance Memo 2. Staff Report and Analysis 3. Site Location /Aerial Map 4. Zoning Map 5. Future Land Use Map 6. Letter From Applicant 7. Notification Map 8. Site Plan 9. Landscape Plan 10. Site Photos 11. April 15, 2014, Letter from Applicant 12. Planning and Zoning Commission, March 19, 2014, Meeting Minutes 13. Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Director Prepared by: Nana Appiah, AICP Planning Supervisor City of Denton Page 4 of 4 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit 1 Request for Continuance Memo l.�Y c'r 41 DENTON 221 N. ELM STREET DENTON, TEXAS * (940) 349 -8541 * FAX (940) 349 -7707 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM To: Mayor and Members of the City Council From: Brian Lockley, Director of Planning and Development Date: July 15, 2014 Subject: Request for Continuance of Public Hearing item S12 -0001 Scheduled on the City Council docket for consideration is the following caption: Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow wrecker services and impound lots use on a property located in an Employment Center Industrial (EC -I) zoning and use district on approximately 1.3 acres. The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S12 -0001) The Planning and Zoning Commission recommended approval of this request subject to conditions (6 -0). The applicant has requested that the public hearing item be opened and continued to a date certain City Council meeting on August 5, 2014. This will allow the application to move forward without staff having to re notice the property. "Dedicated to Quality Service" www.cityofdenton.com Exhibit 10 Site Photos Exhibit 11 April 15, 2014 Letter from Applicant City of Denton Planning Attn.: Debra Viera AICP, CPM 221 N. Elm Street Denton, Texas 76201 IIIIII IIII l III'a IIIIIIIII IIhIII IIIIII II mc 1621 A II0A I -J DA C 0u, (940) 48Z­2907 Ilr "fl II I (�' 40) 48Z­621 4 Il =X www.GEES.us Tuesday, April 15, 2014 RE: Akers Towing — Special Use Permit for Automotive Towing Dear Debra: Based on our meeting earlier this week, it is my understanding that staff does not considers a commitment to a sand filter as the only option that proves that we meet condition L(29) and that since that commitment is not on the plan, the staff recommendation will include conditions 2 & 3 per the Planning and Zoning Commission Recommendations. As we discussed, the staff report appears to anticipate that leaking vehicles will be brought onto the property and allowed to contaminate the site, so that run -off from the site should be treated to remove the contaminants prior to discharge into our primary water supply source. As we have documented in our previous correspondence the Akers current operation tend to deal with the leakage problem before it contaminates their site. In addition, their site is a well - stabilized and much more natural drain than would currently be allowed in the City of Denton, which we feel has some positive impact on the quality of stormwater run -off that leaves this site. As we discussed we will be recommending to the City Council that conditions 2 and 3 be replaced with the following conditions: Proposed Operational Conditions 1. That the impounded passenger vehicles be stored within the existing gravel surface as shown on the Special Use Permit Site Plan, and that any modification to this area be reviewed and approved by the City of Denton Staff, to assure that any stormwater quality aspects of this storage area are not diminished. 2. That the Akers continue their current operational practice of transporting leaking vehicles to their site in a flatbed or other similarly designed tow truck which will capture leaking hydrocarbon or other fluids without direct discharge on the City street. Z:ASENT RECORDS \1400 - 1499 \1441 \LT 10 Debra Viera - SUP.doc City of Denton Tuesday, April 15, 2014 3. That they continue their operations of identifying all leaking vehicles and place pans or other suitable devises to capture leaking materials before they have an opportunity to contaminate the site. 4. That they continue to identify vehicles with persistent leakage problems and drain the offending fluid to assure that these fluids will not contaminate their site. 5. That they continue to dispose of these captured contaminants in accordance with applicable laws. I believe that these are the practices which we feel have met the "similar low impact development" criteria of condition L(29) which have also contributed to the lack of evidence of offending discharges from the site. Please let us know if you think that we have left out anything that we have previously discussed within these operational criteria which should be added to the list. Thank you for your willing to review these proposed conditions, so that if Council chooses not to follow the staff recommendations, we might have a chance to clean up the language prior to the Council meeting. Sincerely 4�, 'Ile Greg Eards, P. E. CC: Brian Lockley, Nana Appiah, Gloria Akers, Ron Menguita Z:ASENT RECORDS \1400 - 1499 \1441 \LT 10 Debra Viera - SUP.doc 2 Exhibit 12 Planning and Zoning Commission Meeting Minutes March 19, 2014 up. Escobar stated the proposed driveway could allow access to the church and not just the subject site. There could be conditions added that it be narrowed, gated, only open during funeral sessions, a signed exit only, and police escorted. Escobar stated those are some of the suggestions by staff. Leal stated as far as grandfathering, the applicant is replatting the property, so the grandfathered rights are lost. Commissioner Devin Taylor motioned, Commissioner Amber Briggle seconded to deny this request. Motion failed (3 -3). Leal stated this motion fails and would have to come back before this Commission with full Commission present. It is required this item be postponed to the April 9, 2014 meeting date. 5. PUBLIC HEARING: A. Hold a public hearinz and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a wrecker services and impound lots use on a pLoperty located in an Employment Center Industrial (EC -I) zoning and use district on approximately 1.3 acres. The subject ,properly is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane. (512 -0001, Akers Towing, Nana Appiah Lockley introduced Appiah. Appiah stated this request is for a Specific Use Permit to allow a wrecker services and impound lots use on a property located in an Employment Center Industrial zoning district on approximately 1.3 acres. Appiah provided the Limitation 29 (L29) Conditions that are provided in the staff backup. Appiah stated all of the conditions have been met except for condition four. There had been several deliberations as to how this request could be met; however, it has not been met yet. On August 9, 1978, a Certificate of Occupancy (C.O.) was issued for automotive store; however, no wrecker or towing was associated with this use. On May 7, 1986, a C.O. was issued for automobile paint and body shop. On April 5, 1988, a C.O. was issued for auto repair. August 9, 1989, a C.O. was issued for auto repair and refinish. April 15, 1999, a C.O. was issued for auto paint and body repair. Then on March 4, 2002 a C.O. was issued for auto storage. There was no wrecker or towing authorized with the issuance of this C.O. Staff sent 15 Public Hearing notices to property owners within 200 feet of the subject site, and 68 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received one returned response in favor and one returned response neutral to this request. The Development Review Committee recommends approval of this request subject to the seven conditions listed in the staff backup. Bentley referred to Condition four (4) stating the screening fence shall be wood materials. Bentley stated wood deteriorates. Appiah stated it can be maintained, there are no conditions to maintain. Strange referred to Condition six (6); questioning if the applicant has time to correct the violation. Appiah stated that is correct. Lockley stated the issue is the opaqueness of the fence materials. The condition wording could be changed from wood to opaque to allow for more options. The issue with some materials such as plastic could dilapidate faster than wood. Bentley stated the condition could state wood or cement or a product of nature that is long lasting materials. Leal state Condition six (6) is inconsistent with Subchapter 6 of the DDC. That subchapter is specific and cannot be revoked or modified. Leal stated he would recommend this to be consistent to the DDC or if this Commission chooses they could recommend that to the City Council. Schaake questioned Leal if his recommendation would be to strike that condition; Leal stated if it were move forward than to make it consistent with Subchapter 6 of the DDC. Greg Edwards, Greg Edwards Engineering, 1621 Amanda Ct, Ponder, TX 76259 Edwards stated he is representing Akers Towing. Edwards thanked staff. Edwards stated he doesn't believe that neither he nor Akers Towing were aware staff's recommendation would be for modification of the site. There are several of the items that appear to only be a viable process to meet; which would be with a sand filter. Edwards stated he is unaware how it would work, when you are burying porous materials; on a rainy day there is no sheen of oil on the property. This is a very clean operation. Edwards stated Joe Akers stated there are more materials left on the ground at the site the vehicle is picked up at. There are no toxins to harm anyone, the water, or the fish in the water. Edwards stated he would like the conditions listed to be removed. Edwards stated Joe Akers purchased materials for a six foot screening fence. Edwards would like to see the conditions be modified to allow the materials already purchased. Bentley questioned Edwards if he would like the request to be made to allow the six foot fence that was already purchased. Edwards stated that is correct. Bentley stated there can be issues with a six foot fence being too low. This could allow for trespassing on the property. Edwards stated the screening is primarily for the visual screening of the site; the primary purpose is not for protection. Schaake questioned the reasoning behind Conditions 2 through; Appiah stated those conditions are for meeting the requirements of the Limitation 29. Schaake questioned when those conditions took place; Appiah stated in 2010. In 2010, it was allow with all of the conditions listed today; however, it was not allowed prior to 2010. Lockley stated there are several properties surrounding the subject site that have storage areas; the City for some time now has received several complaints in regards to visible storage. Taylor referred to environmental requirements; it was until 2010 that wrecking yards weren't allowed at all. Taylor questioned other zoning categories and how long there have been ground water requirements. Viera stated in 2009, it was brought to the Cities attention that many wreckers were not allowed by drainage ways. It was then required to add conditions for environmental requirements. The conditions didn't make any assumptions to the existing businesses. Taylor questioned if there were any environmental requirements prior to 2009. Viera stated prior to 2009 for uses such as wreckers and towing, it wasn't required. Viera stated the parking lot requirement was issued into a storm drain because the potential of spills from fluids. The City Council approved an ordinance putting a definition throughout the Industrial Center Employment zoning district for towing yards. Taylor referred to storage units that were granted Specific Use Permits in the 1970- 1980's; Taylor questioned any changes. Appiah stated expansion of special exceptions and applicability table for expanding. Appiah provided Subchapter 11 of the DDC that discussed Applicability Tables. Lockley stated the use of the business as it currently is, is expanding for business. There has never been a permit issued for auto wrecking. Edwards stated expansion as he reads it is expanding the business. Edwards stated he didn't realize the interpretation expanding the storage use would permit by the state. Edwards stated they would hold off on the expansion and this business is not an auto wrecking salvage yard. This is a tow truck bringing cars into a state licensed storage facility so they can be reclaimed by their owner. There is no dismantling of the cars, only towing services. Bentley stated he feels the recommendations should be left in place. Strange questioned the business owner how long he had his state license for towing. Gloria Akers stated the reason she is upset is there are a lot of things being said that aren't true. There are two addresses to this location, 750 and 770 Fort Worth Drive. One address is the wrecker service and the other address is a paint and body shop. That use was grandfathered in. Akers stated they have been there since 1978, and had been the towing company for the City. Akers stated they had been used to clean all the streets of the City and tow all the cars sitting around. The lot is only setup for 25 vehicles. The surrounding properties support this business. Akers added as far as the drainage issue, the lime gravel can be kept very clean. Strange questioned how long they have had their license for towing; Akers stated since 1978, the Texas Department of Licensing and Registration with 25 cars since 2010. Akers added prior to that they weren't required to have the licensing. Schaake opened the Public Hearing. Fred Hill, 108 Bentwood Court, Denton, Texas Hill stated this wrecker service was there in the 1960's; the history of it is that it has been there for a long time. The use is not a wrecking yard; they do not sale cares or repair them. The business owner maintains a good relationship with the people in that area. Schaake closed the Public Hearing; there was no one else to speak on this item. Bentley stated he would like to motion approval of this request with staff's conditions that includes the removal of Condition six (6), and to modify Condition 4 to read opaque screening. Leal stated Conditions 1 -4 are consistent with L29; this means these four conditions have to be followed with the approval recommendation process. In order to get away from these requirements an amendment to L29 would have to be made. This Commission could provide a finding or statement to L29 conditions. Bentley referred to Condition 4, stating L29 doesn't specify about the height requirement or buffer. Leal stated that is correct, the previous statement was an error on his behalf. Taylor stated he doesn't see an issue with them coming into compliance since they have been occupying the space for several years. Taylor stated he does have concerns with expanding the lot; they would need to meet the environmental requirements. Taylor stated he would like to see staff and the applicant work out alternatives if there is an expansion in the future to this site in regards to Limitation 29. Schaake stated the motion on the table is to approve this request based on staff's conditions with the approval of Conditions 1 -5. This also includes the notion on Condition 4 that the fence screening needs to be of wood or other opaque materials. Schaake stated that notion needs to be made separately from the motion unless the Bentley would like to accept. Bentley stated he would accept that notation to the motion. Schaake stated that notion is that staff would work with the applicant in mitigation on Conditions 2 and 3 for the existing business. Bentley and Taylor stated they would accept that notion. Commissioner Brian Bentley motioned, Commissioner Devin Taylor seconded to approve this request based on Conditions 1 -5 of staff's conditions with the following amendments: a notion within Condition four (4) be made that the fence screening be of wood or other opaque materials, and staff and the applicant meet to discuss mitigation on Conditions two (2) and three (3) for the existing business. Motion approved (6 -0) Lockley introduced Marohnic. Marohnic stated this is a Specific Use Permit for multi - family on 4.13 acres. The subject site is located within the Neighborhood Residential Mixed -Use zoning district. Marohnic stated with the proposed multi - family use is for 76 units, which would be 18.4 dwelling units per acre. This would be approximately 256 bedrooms, and a 5,000 square foot clubhouse. Marohnic provided the proposed site plan and building elevations. Staff sent 24 Public Notices to property owners within 200 feet of the subject site, and 79 courtesy notices within 500 feet of the subject site. At this time staff has received three responses in favor of this request and one neutral to the request. The three in favor were from the property owner; therefore, they do not count. The Development Review Committee (DRC) recommends denial of this request. The applicant is present. Bentley stated if this were a typical apartment structure than it would allow 123 lease holders; however, since this is a lease by bedroom complex than it would be approximately 256 lease holders. Bentley stated this is a satellite living space for Texas Woman's University (TWU). The shortest path for those commuters from the subject site to TWU would be down Bell Avenue. Bentley questioned if a traffic analysis has been completed. Marohnic stated it would be required at the time of platting. Marohnic added Escobar might be able to elaborate more. Escobar stated that typically occurs during the planning phase and the final plat. Conner questioned the units to be one, two, and three bedroom units. Marohnic stated they would be two, three, and four bedroom units. Schaake questioned if it is student housing. Bentley stated it is a rent by the bed unit. Conner acknowledged. Bentley questioned if staff has completed a landscape analysis. Marohnic stated the DRC comments were released stating a Type B buffer along the northern property line and a Type C buffer on the commercial former Piggly Wiggly parking lot would be required. Bentley questioned the parking lot bump outs and landscaping. Marohnic stated Section 35.13.13.2 of the DDC doesn't list a required number of bump outs or landscape items per parking spaces. Strange referred to the drainage to the north of the property, questioning what storm water requirements or detention pond would be needed. Escobar stated an underground parking lot Exhibit 13 sAlegal \our documents \ordinances \14 \ordinance for s12 -0001 akers(2).docx Ordinance 111 OVER Ma a X261 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A SPECIFIC USE PERMIT TO ALLOW WRECKER SERVICES AND IMPOUND LOTS ON A PROPERTY LOCATED IN AN EMPLOYMENT CENTER INDUSTRIAL (EC -I) ZONING AND USE DISTRICT ON APPROXIMATELY 1.3 ACRES. THE SUBJECT PROPERTY IS GENERALLY LOCATED SOUTH OF SMITH STREET, EAST OF DALLAS DRIVE, AND NORTH OF TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (S12 -0001) WHEREAS, Gloria Akers has applied for a Specific Use Permit to allow wrecker services and impound lots on approximately 1.03 acres, legally described in Exhibit "A ", attached hereto and incorporated herein by reference (the "Property "); and WHEREAS, on March 19, 2014, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the Specific Use permit with conditions of approval; and WHEREAS, on July 15, 2014, the City Council concluded a public hearing as required by law and finds that the Specific Use Permit is consistent with the Denton Plan and the Development Code; 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 and found to be true. SECTION 2. A Specific Use Permit to allow wrecker services and impound lots on the Property is hereby approved, subject to the following conditions: 1. The site plan as submitted and shown in Exhibit B" and "C" shall guide the operation of the use of the property for wrecker services and impounds lots. 2. Best management practices (BMPs) addressing stormwater quality must be implemented and maintained on site within ninety (90) days from date of approval of the Specific Use Permit. BMP(s) must be designed to treat hydrocarbons and attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. 3. Applicant shall provide documentation for best management practices for staff review and approval prior to installation. The documentation for the BMP's shall be submitted to staff for review within sixty days of approval of this SUP. 4. The applicant shall install an eight -foot (8') high screening fence and a type "B" buffer along the perimeter of the site. The landscaping shall be planted along the outside of the fence, and shall be irrigated and kept alive at all times. Material for the construction of the screening fence shall be made of wood or other opaque materials. The applicant shall construct the screening fence and type `B' buffer within 60 days after approval of this SUP. The screening and type `B' buffer shall be maintained at all times for continual use of the property for wrecker services and impound lots. SECTION 3. The Specific Use Permit site plan attached hereto and incorporated herein by reference as Exhibit "B" and "C ", is hereby approved, as an additional condition of the permit. SECTION 4. 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 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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 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 , 2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r �Ay BY: zx_ Exhibit "A" (Legal Description) 1.28 ACRES 715 Dallas Drive 1.28 Acres FIELD NOTES to all that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract Number 623, Denton County, Texas, and being all of a tract of land described in a deed from Anions P. Raposa to Joe Hoyt Akers, as recorded in Volume 849, Page 454, Deed Records, Denton County, Texas, also being a part of Lots 3 and 4 in the Emily J. Fry Estate, according to the plat thereof recorded in Volume 1, Page 36, Plat Records, Denton County, Texas, the subject tract being more particularly described as follows; BEGINNING at a metal fence comer post found for the most Northerly Northwest comer of the herein described tract, the most Northerly Northwest comer of said Akers tract and the Northeast corner of Lot 1 in Block A of Delux Addition, an addition to the City of Denton, according to the plat thereof recorded in Cabinet S, Page 322, Plat Records, Denton County, Texas; THENCE South 89 degrees 40 minutes 47 seconds East with the North line of said Akers tract, along or near a fence, at a distance of 267.29 feet passing a capped iron rod found stamped '4561' for the Southeast comer of a tract of land described in a deed to F &H Construction, as recorded in County Clerk File Number 2002- 79921, Real Property Records, Denton County, Texas, continuing along said course, a total distance of 269.48 feet to a capped iron rod set for the Northeast comer of said Akers tract and being in the East line of said Lot 4, the West line of Lot 1 in said Emily J. Fry Estate and the West line of a tract of land described in a deed to David Matheson, as recorded in County Clerk File Number 1994 - 13414, Real Property Records, Denton County, Texas, from which a 1/2" iron rod found for the Northwest comer thereof and the Northwest corner of said Lot 1 bears North 00 degrees 11 minutes 27 seconds West, a distance of 385.44 feet; THENCE South 00 degrees 11 minutes 27 seconds East with the West line of said Lot 1, the West line of said Matheson tract, the East line of said Lot 4 and the East line of said Akers tract, a distance of 184.35 feet to a capped iron rod set for the Southeast corner thereof in the West line of Lot 2 in said Emily J. Fry Estate, and being the apparent Northeast comer of Lot 1 in Block A of Reynolds Dallas Drive Addition, an addition to the City of Denton, according to the plat thereof recorded in Cabinet E, Page 287, Plat Records, Denton County, Texas, from which a metal fence comer post found for an angle point in the East line thereof, the Southwest corner of said Lot 2 and the Southwest comer of said Matheson tract bears South 00 degrees 11 minutes 27 seconds East, a distance of 86.77 feet; THENCE North 89 degrees 57 minutes 29 seconds West with the apparent North line of said Reynolds Dallas Drive Addition and the South line of said Akers tract, a distance of 282.52 feet to a capped iron rod set on the Northeast line of Dallas Drive for the Southwest comer thereof and the apparent Northwest comer of said Reynolds Dallas Drive Addition, from which a 1/2" iron rod found for the Southeast comer thereof bears South 47 degrees 57 minutes 33 seconds East, a distance of 383.71 feet: THENCE North 47 degrees 57 minutes 33 seconds West with the Northeast line of said Dallas Drive and a Southwest line of said Akers tract, a distance of 139.87 feet to a PK nail set for the most Westerly Northwest corner thereof and the Southwest comer of a 0.31 acre right -of -way dedication Found in said Cabinet S, Page 322, from which a PK nail found for an angle point on the West line thereof bears North 47 degrees 57 minutes 33 seconds West, a distance of 18.77 feet; THENCE South 89 degrees 47 minutes 48 seconds East with the North fine of said Akers tract, at a distance of 10.00 feet passing the Southwest comer of Lot 1 in said Delux Addition, continuing abng said course and the South line of said Lot 1, a distance of 115.48 fee; to a metal fence corner post found for the Southeast comer thereof and an inner ell comer of said Akers tract; THENCE North 00 degrees 30 minutes 58 seconds East with the West line thereof and the Gast line of said Lot 1, along or near a fence, a distance of 92.39 feet to the PLACE OF BEGINNING and enclosing 1.28 acres of land more or less. OF P S�Pjo S T R'�d' P, PAU J �STIN WN1T OCK ...................... ;a 0243 !Q IJ SURN�P - i•S�Zal3 Exhibit "B" Site Plan I ILI T w w 51 J41 ry U MAW, TO W 'WA WA-- WN 1 01 Exhibit "C" Landscape Plan J I I- Exhibit 2 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P &Z Date: March 19, 2014 TYPE: Specific Use Permit CC Date: July 15, 2014 PROJECT #: 512 -0001 Project Number: 512 -0001 Request: A Specific Use Permit (SUP) to allow wrecker services and impound lots on 1.3 acres. Applicant: Greg Edwards Engineering Services Property Owner: Gloria Akers Akers Towing Services 715 -717 Dallas Drive Denton, TX 76205 Location: The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley Lane (S 12- 0001). Size: 1.3 acres ± Zoning Designation: Employment Center Industrial (EC -I) Future Land Use: Employment Center Case Planner: Nana Appiah, AICP DRC Recommendation: The Development Review Committee (DRC) recommends approval of the Specific Use Permit, with conditions. Summary of Analysis: In accordance with Sections 35.5.6.2 and 35.5.8 of the Denton Development Code (DDC), wrecker services and impound lots are permitted with an Specific Use Permit (SUP) in the EC -I zoning district with a limitation L(29). The limitation includes opaque screening of all stored vehicles from all rights -of -way and residential uses and zoning districts. In addition, the limitation includes adoption of best management practices (BMPs) for the treatment of on -site storm water and removal of pollutants emanating from vehicle parking areas. The site plan (see Exhibit 7) demonstrates how the screening requirement of the DDC will be met. The applicant is proposing wooden fence and screening on the northern property boundary, and another wooden screening fence on the south western corner of the site. In addition, the applicant is proposing to construct a wooden gate inside the property to screen store vehicles from public view. Staff is also recommending a type "B" buffer along the western property boundaries abutting Dallas Drive. However, the site plan submitted does not demonstrate how requirement for BMP's showing treatment of pollutants shall be met. This requirement is necessary to ensure continual use of the property for wrecker services and impound lots operation is not detrimental to the City's underground water system. Pursuant to Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or can be made to conform through the imposition of conditions) to the standards established in the EC -I zoning district for operating wrecker services and impound lots uses. This Section of the DDC also provides standards by which an SUP is granted. Below are staff's analyses of these standards: B. A specific permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting this SUP w ithout demonstrating the use of best management practices to treat possible pollutants from stored vehicles and on -site storm water runoff will be injurious to the use and enjoyment of other property within the vicinity of the site. It could also significantly diminish or im pair property values w ithin the immediate vicinity because of possible pollution of the area environment of the site. Currently, the property is used for auto repair and wrecker services and impound lots operations. Per Section 35.5.6.2 of the DDC, auto repair is permitted by -right in the EC -I zoning district and therefore no SUP is required for using the property for such use. How ever, an SUP is required to use the property for w recker and impound lots operations. No City of Denton permits w ere issued for operating wrecker services and impound lots use on the site. The purpose of this request is to lawfully allow the wrecker and impound lots operation. Therefore, it is pertinent the site is made to confo rm to environmental quality assurance practices by adopting best management practices for treatment of pollutants and storm water runoff. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP without conformance with best management practices for storm water runoff and treatment of pollutants could impede the normal and orderly development of the surrounding property, or delay improvements to environmental impacts resulting from the use to the si to and surrounding properties. Although surrounding property to the north, south, east and w est are developed for commercial uses, it is critical the City en sures continual operation of the site for wrecker services and impounds lots does not create environmental hazards Approval of an SUP with conditions addressing best management practices w ill ensure safe operation of the site and less damage to the environment. Staff is recommending a condition of approval for b est management practices for the site. This requirement, if approved, will be an improvement to the existing conditions on the site. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The DRC has reviewed this proposed projec t and have determined that adequate utilities, access road, drainage, and other necessary supporting facilities have been or will be provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The design, location, and arrangements of the driveway will not adversely affect the general public or adjacent development. Currently, the site has one drivew ay entrance onto Dallas Drive. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The use has been in operation fo r auto related activities since 1978. No additional new use is proposed on the site. The site will continue to be used for auto repair and wrecker services and impound lots operation s. Surrounding uses in the immediate vicinity of the site includes auto repair to the north, commercial s torage container sales to the east, and a swimming pool repair company to the south. Operation of the site w ill not produce any new offensive odor, fumes, dust or noise and vibration beyond occasional noise, vi bration and odors that may occasion ally generate from the site. In addition, operational activities of the site are required to conform to Section 35.12.11 of the DDC. Th is Section of the Code establishes standards such as co ntrolling noise, fumes and use of odorous materials on property. Further, Section 20 of the City's Nuisance Code Ordinance also regulates dust, noise, and odors emanating from operations conducted on properties. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. According to the applicant, no additional lighting beyond what is currently o n the site will be utilized for the an to repair and wrecker services and impound lots operation on the site. In addition , any proposed lighting shall co mply with the standards and regulations of Section 35.13.12 of the DDC. This requirement limits illumination of light onto adjacent property. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The applicant is proposing to maintain existing trees along the eastern, northern, and southern property boundaries. In addi tion, the applicant is proposing to construct a screening fence on th a northern and southwestern co rner of the site. Furthermore, to augment the proposed la ndscaping, staff is req wiring a type "B' buffer in conjunction with a eight feet fence along the western perimeter of the site. This requirement will enhance aesthetics of the site, and reduce visual blight. C. That adequate capacity of infrastructure can and will be provided to and through the subject property. The site is currently used for w recker services and impounds lots. No propose d expansion is associated w ith this use. The DRC has reviewed this request and determined that there is adequate capacity of infrastructure such as water and sewer can and will be provided to and through the subject property. D. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. The existing use of th a site for a uto repair and wrecker services or impounds lots operation is similar in scale, bulk and coverage to the surrounding uses. The property to the north is currently used for auto repair and sales. The property to the south is used for pool maintenance and sa les company. The property to the east is used for large storage container sales. Th a property to the w est is separated by Dallas Drive, and to the further west is us ed as a car w ash. Approval of this S UP should not introduce any new uses on th a site that will adversely a ffect the surrounding uses. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Staff does not anticip ate increase in ve hicular traffic via the granting of this requested SUP, as the site is a lready developed. There w ill be occasional truck traffic which is part of operations of the site for wrecker and impound lots activities. This occasional noise generating from vehicular traffic should not be different from existing vehicular noise emanating from Dallas Drive, which is to cated west to the site. 3. Architectural compatibility with the impact area. The existing building on the site is co mpatible with surrounding buildings and structures. There are no proposed new buildings with this request. The proposed site plan show physical improv ements to the site by providing landscaping and screening to the northern and southw estern corner of the site. In addition, the site plan shows a proposed wooden gate in the middle of the site. This w ooden gate will provide screening to the stored vehicles from public view. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. This SUP is for an existing wrecker services and impound lots operation. The site is required to comply w ith Section 35.12.11 of the DDC. This Section of the Code establishes standards for controlling noise, fumes, and use of odorous materials on property. 5. Generation of noise, light, and glare. Development or operation of current activities on the site is required to comply with Section 35.12.11 of the DDC. This Section of the DDC regulates noise, ligh t and glare emanating from property. 6. The development of adjacent properties as envisioned in The Denton Plan. Future land use designation of the property to the north, south, east, and west is Employment Center. Per the Denton Plan, "Employment Centers" future land use designation areas are intended to provide locations for a variety of w orkplaces, including limited light manufacturing us es, research a nd development activities, corporate facilities, offices, and institutions. Employment Centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such as hotels, restaurants, convenie nce shopping, and child care. It is staff determination that approval of the SUP for the property currently used for wrecker services and impound lots w ill not impede development of the a djacent site as Employment Center. The site is currently surrounded by an to repair and sales to the north, swimming pool repair and maintenance office to the south, and large storage container sales company to the w est. All these uses are similar in character to the cur rent use of the site. In addition, the uses are in conformance to the intended uses allowed within the Employment Center future land use designation. 7. Other factors found to be relevant to satisfy the requirements of this Chapter. The DRC has considered factors necessary for approval of this site and have applied appropriate conditions of approval. Findings of Fact 1. The request is a Specific Use Permit to allow "Wrecker Services and Impounds Lots" on 1.3 acres. The site is already developed and currently used for "Wrecker Services and Impounds Lots. A portion of the site is also used for auto repair. 2. There are no approved City of Denton permits for wrecker services and impounds lots on this property. City's record shows the issuance of a Certificate of Occupancy (C. 0) in 1978 for "automotive store" at this address. 3. The property was designated as Commercial zoning district in 1978. This Commercial zoning district prohibited auto wrecker or salvage yard. Currently, the zoning designation on the property is Employment Center Industrial (EC -I). Per Section 35.5.6.2 of the Denton Development Code (DDC), the EC -I zoning district permits wrecker services and impound lots through an SUP. 4. Per Section 35.23.2 of the DDC, wrecker services and impound lot is defined as: "A business that provides wrecker or towing service to vehicles that are stored at a state licensed vehicle storage facility. A licensed vehicle storage facility is a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking 10 or more vehicles per year. " 5. The subject site is located within the Employment Centers future land use designation. Per the Denton Plan "Employment Centers" future land use areas are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment Centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. 6. The request to use the property for "wrecker services and impounds lots " conforms to the goals of the Employment Center future land use category. In addition, surrounding property in the immediate vicinity are designated as Employment Centers future land use category. Uses in the immediate vicinity include auto repair to the north, swimming pool maintenance and repair facility to the south, large storage containers sale operations to the east. The use of the subject property for "wrecker services and impounds lots " is not out of character to the surrounding uses. 7. The subject site is not located within a Historic or Conservation district. 8. The subject site has vehicular access to Dallas Drive. Dallas Drive is classified as Primary Major Arterial per the City of Denton Mobility Plan. 9. Anticipated transportation demand is 60 vehicle trips per day. 10. There are no planned public improvements for potable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. 11. The site is currently served by an 8 -inch potable water mains, and 8 -inch gravity sewer mains, along Dallas Drive. This main have adequate capacity to serve the existing peak water demand and wastewater discharge. 12. There is no anticipated increase in water demand beyond current consumption. Estimated peak hour consumption for the use is approximately S gallons per minute (GPM). 13. Estimated peak wastewater discharge is approximately 4 GPM. There is adequate capacity for wastewater discharge. 14. Anticipated storm water demand is approximately 11 cubic feet per second (CFS). There is adequate capacity onsite for storm water discharge. 15. According to the City of Denton Fire Department, this property is serviced by the City's Fire Station #1, located at 332 E. Hickory Street. Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings -of -fact, the Development Review Committee (DRC) recommends approval of Specific Use Permit, with conditions. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: EC -L Auto Repair /Auto Sales North: EC -L Vacant Northeast: EC -L Vacant property West: IrQM East: EC -L EC -L Dallas Drive /Car Wash Storage Warehouse Southwest: South: Southeast: EC -L EC -L EC -L Dallas Drive /Car Wash Swimming Pool Retail Sales Storage Warehouse Source: Cio) ofDenton Geographical Information System and site visit by City staff Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The subject site is located in the "Employment Center" future land use designation. These areas are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment Centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Staff finds use of the property for wrecker services and impound lots not out of character with the existing development patterns of the surrounding area. The property to the west is developed as an storage warehouse for large storage containers. It is also designated as Employment Center Future land use. The property to the north is currently used for auto repair and sales. The property to the south is used for swimming pool retail sales and maintenance. The continual use of the subject property for wrecker services and impound lots is not out of character with surrounding uses. B. Land Use Analysis: Staff finds this request with recommended conditions of approval compatible with the surrounding land uses. Nearest Elementary, Middle, and High School This request is for continual use of the property for wrecker and impounds lots operation. Therefore, the development will not produce any elementary, middle or high school students, and will not impact the associated Independent School District. Nearest Fire and EMS Station This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009 -098, Section 29 -2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Approximate Distance From Name of Station Adequate to Serve (Yes Subject Property Fire Station 41, 332 E. Hickory ± 1.8 miles Street This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009 -098, Section 29 -2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im act Analysis Adequate to Serve (Yes 1.3 f acres Proposed Demand or No Wrecker Service and Wrecker Service and Permitted Use Impound Lots Impound Lots Potable Water 5 (peak) Yes Consumption (GPM) Wastewater Generation 4 (peak) Yes (GPM) B. Available Capacity: The site is currently served by an 8 -inch potable water main, and an 8 -inch gravity sewer main, along Dallas Drive. These mains have adequate capacity to serve the existing peak water demands and wastewater discharges. C. CIP Planned Improvements: There are no planned public improvements for portable water, sanitary sewer, and drainage or transportation facilities serving the subject site beyond existing facilities. Roadways /Transportation Network: A. Estimated Demand: Subject Property Estimated Impact Analysis 1.3 f acres Proposed Demand Adequate to Serve (Yes or No) Average Annual 60 Yes Daily Trips (AADT) B. Available Capacity: Dallas Drive serves the subject site and has adequate capacity. C. Roadway Conditions: Dallas Drive is an improved Primary Arterial street. D. CIP Planned Improvements: There are no CIP improvements planned for Dallas Drive. Dallas Drive is a TXDOT owned and maintained roadway. Environmental Conditions: The City's Environmental Sensitive Areas (ESAs) map showed the subject property encroaching into a riparian buffer ESA. Staff assessed the area located along the southern property line, as part of this request and found the area not meeting the criteria for a protected area (ESA12- 0003). Wells (Public/Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: Maintain clearances from overhead electric line in Dallas Drive right -of -way. New electric service will be per DME's Electric Service Standard available at www.dmepower.com. . Park Facilities: No comment Comments from other Departments: Below are comments from the Water Administration Department: The goals of limitation (L 29) condition for addressing best management practices (BMPs) is for the protection of existing aquatic ecosystems and f Lewisville Lake, Denton's main source of potable water by preventing pollutants from becoming water - borne. There is a higher risk of spills and vehicle leaks associated with wrecker services and impound lots resulting in pollutants, such as oils, fuels, and other vehicle fluids, reaching nearby drainage ways. The applicant made attempts for using existing features (grassy areas, swales, public drainage easements, etc) on site and outside of the property as BMPs. However, all the existing site features did not meet minimum design criteria for effectively working as BMPs; were not designed for treating pollutants associated with vehicle spills and leaks; were outside the subject property and /or encumbered by public drainage easements limiting the control and access that the business owner would have over the BMPs for maintenance purposes and /or could not guarantee the permanence of the BMPs. The applicant requested moving forward with this SUP request without proposing any BMPs. There are other BMP options that could be implemented but this would require designating an area for the placement of the BMP(s) and the cost associated with the design, construction, and maintenance of the BMP(s). Exhibit 3 Site Location /Aerial Map Exhibit 4 Zoning Map Exhibit 5 Future Land Use Map r �� 51 R11>9+fi1�� R.3585Z° Existing Lard Use __j SPLITH 70!7 51:0 522 526 529 R271,92 R9 •47 R29B43 RZB" 7 R285 0 SiteR7'548 g 7'11 ! R3511 '. 1.3 Acres Employment Center R3 48 T1 R34B 71 ,56 13 12'1'171110 Boo 8121 se b' 1 Fl d 1ip13 R7'��210 owntown University C re 11005 RSw30 9210 R1221yi01 1rc1101D Tuesday, January 15, 2013 City of Denton Planning Attn.: Brian Lockley, AICP, CPM 221 N. Elm Street Denton, Texas 76201 RE: Akers Towing — Special Use Permit (SUP) Dear Brian: The purpose of this narrative is to provide information on how the existing use conforms with all standards within the zoning district. It is our intent to follow the narrative guidelines with portions of the guidelines copied prior to certain discussions. Site History Joe Akers started his first automotive repair and towing service Business in Denton in 1968. He relocated his business to the 715 Dallas Drive site and obtained a certificate of occupancy in 1978. Project Description /Summary Akers Towing has operated in Denton under various ownership and company names since 1968. Akers Towing is a State Licensed Vehicle Impoundment Facility which is currently operating as a legal non - conforming use since the 2001 rezoning of the property. Based on various changes to the City of Denton regulations and recent enforcement efforts, some of our client's long standing business practices have come into questions. With this SUP request we are hoping to update the status to legal conforming use, make improvements to the site and clarify or establish legal status for some of the uses and business practices which our clients would like to continue. The "junk vehicle" provisions of the code have raised many questions concerning the operation of the Akers Towing business. For Many years Akers Towing has displayed its first tow truck at the front of the lot. Since it is not a street legal vehicle it appears to meet the definition of a "junk vehicle" per the City of Denton Code and appears to be subject to citations. We are hoping with this SUP that we will be able to establish the right for this vehicle to proudly stand in front of this business and re- establish itself as the long standing symbol of Akers Towing service to this Z:ASENT RECORDS \1400 - 1499 \1441 \SUP - NARRATIVE.doc City of Denton Tuesday, January 15, 2013 community and be designated a display vehicle to be used as part of the signage and advertising for this business. As a State Licensed Vehicle Impoundment Facility, Akers Towing picks up wrecked, disabled, or abandoned vehicles at the request of the City of Denton Police Department as well as other governmental agencies and impound the vehicles until they are claimed. Most vehicles are picked up or delivered to repair shops or otherwise claimed within a week. Vehicles which have not been claimed within a certain amount of time (currently 45 days) become the property of Akers Towing. Most of these vehicles are either delivered to the salvage yard for crushing and recycling, or held for less than a week for them to be picked up for action. Horse trailers and other non - motorized vehicles have been impounded which are not typically taken by the auctioneers. Although it appears to be legal for Akers Towing to keep the vehicles that they own on -site, the scale and duration of stay of some of these vehicle have been questioned by the City of Denton code enforcement personnel. With the proposed SUP we are proposing to provide a fully screened area where these vehicles can be stored on site to facilitate the transition from Impounded to sale. This should assist Akers Towing in allowing them to operate their business without having to obtain off -site storage facilities for these vehicles and limit the scale of this transfer operation where it should not come in conflict with code enforcement issues. "Junk vehicles ": 1. Akers Towing currently owns a bucket truck which is not a street legal vehicle. They tow this vehicle to the job site and use the bucket to transfer loads much like a fork lift. Unlike a fork lift this piece of equipment can access and transfer loads which normally can not be accessed by fork lift. Whether it is a load of furniture for a new business in Denton or an overturned trailer on the freeway this equipment has been vital to the operation of Akers Towing. 2. Akers Towing currently owns a Tow Truck which has been taken out of service. They would like to store this equipment on site to act as spare parts for similar vehicles which they own. In the past Joe have been able to change out a motor or other part and have a truck back in operation in a matter of hours rather than having to order a part and being out of operation for days. The Vehicle body protects the spare parts form the elements and Joe has found that having the parts on hand also helps with cash flow when replacement parts for these large vehicles can run several thousand dollars. 3. Akers Towing has a tongue and axles which can be transported to the site and used to remove a trailer from the highway when it has a damaged axle. Akers Towing would like to have the flexibility to identify similar types of equipment which could be classified as "junk vehicles" as business equipment and be allowed to store this equipment within the outside storage area as long as it is not visible from Dallas Drive when the gate is shut. Z:ASENT RECORDS \1400 - 1499 \1441 \SUP - NARRATIVE.doc 2 City of Denton Tuesday, January 15, 2013 Based on the SUP, Akers Towing is requesting to add screened fencing and a screened gate which will define and screen the outside storage area. We feel that this facility will allow Akers Towing to continue their operations with only minor procedural changes to their operations and greatly improve the appearance of their property. Surrounding Properties Akers Towing is located at 715 Dallas Drive and is zoned EC -I. All of the adjacent properties East of Dallas Drive are zoned EC -I and appear to be occupied by a variety of commercial and industrial type businesses except for two tracts which appear to be vacant. The properties immediately west of Dallas Drive are zoned DC -G and appear to be occupied by commercial type businesses. Existing Site Conditions The existing site conditions are shown on the attached SUP site plan. Akers Towing occupies the building addressed at 715 Dallas Drive, the parking facilities south of 715, several out building and the yard area north of the existing building for it automotive repair, wrecker service, and vehicle impound facilities 717 is leased for an automotive repair business. Proposed Site Conditions The proposed site conditions are shown on the attached SUP site plan. With this plan the proposed uses are being restricted to the designated areas as shown on the plan. Proposed mitigation measures for nuisance abatement The existing State Licensed Vehicle Impoundment Facility is located near the North West corner of the property and is well screened from Dallas Drive. With the proposed fencing and screening enhancements, the Towing equipment, Impound facilities and disposal vehicles will be better screened from the neighboring properties and Dallas Drive. Specific Use Plan approval criteria "A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with the Denton Plan and federal, state or local law." Discussion: It is our understanding with approval of the SUP the proposed use will meet all of the zoning requirements and has all of the permits needed to meet all federal state and local laws. Z:ASENT RECORDS \1400 - 1499 \1441 \SUP - NARRATIVE.doc 3 City of Denton Tuesday, January 15, 2013 "B. A specific use permit shall be issued only if all of the following conditions have been met;" 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property." Discussion: Since Akers Towing is an existing use which has operated at this location since 1978, the proposed improvements to the site should only enhance the 7 conditions listed above. "C. That adequate capacity of infrastructure can and will be provided to that through the subject property." Discussion: The existing facilities have provided adequate capacity for the last several decades. The attached site plan with calculations additionally shows that the existing facilities should be adequate. "D. That the Specific Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone. 1. Similar in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in The Denton Plan. 7. Other factors found to be relevant to satisfy the requirements of this Chapter." Z:ASENT RECORDS \1400 - 1499 \1441 \SUP - NARRATIVE.doc F. City of Denton Tuesday, January 15, 2013 Discussion: Tearing down the existing and building a new facility with a more intense use would probably be more in line with the 7 conditions listed above, but does not appear to be the desire of our clients at this time. As I understand it the Denton Plan is intended to "encourage quality development ", not drive out existing businesses. Keeping the existing use while enhancing the screening, inherently appears to be compatible with the surrounding area and appears to be within all of the limits outlined in the zoning ordinance. Thanks 4�, 'Ile Greg EWards, P. E. CC: Gloria Akers, Ron Menguita, Nana Appiah Z:ASENT RECORDS \1400 - 1499 \1441 \SUP - NARRATIVE.doc 5 City of Denton Planning Attn.: Brian Lockley 221 N. Elm Street Denton, Texas 76201 IIIIII IIII ) IIIII':)3 IIII IIIIIIIIII IIhIII IICIII;3 IIC 1621 A II0A I -J DA C 0u, Pm' —) °, a r, ;3 2!,5 `u') (au 40) 48Z­2907 Ilr "fl II I (�' 40) 48Z­621 4 Il =X www.GEES.us Thursday, July 18, 2013 RE: Akers Towing S12 -0001 Response to Comments Dated 30 January, 2013 Dear Brian: Thank you for meeting with us to try to come up with solutions which will assist the Aker's in continuing or expanding their business on this site. Attached is a copy of the revised Special use Permit Plans. We have revised the site plan to reflect an expansion of the "Vehicle Storage" (Impound) area as we have discussed. After meeting with the Akers on -Site it became apparent that the tractor trailer trucks that they provide service to will not be able to be placed in the vehicle storage area we discussed. I have therefore designated a Primary and a Secondary Vehicle Storage Area and reworded the "note: to try to clarify this operation. We have removed some interior fencing and added screening to more of the perimeter fencing to compensate for the interior screen which was removed. Since the Oversized vehicles are typically Corporate owned vehicles they are generally reclaim in a one to two week time frame and given the location should not be readily visible from the street. I hope that you will be able to support these revisions. The following is a summary of how we have addressed the staff comments. Commenting Department: WATER ADMINISTRATION Date: 1/30/2013 Status: Return for review Reviewed By: Deborah Viera Comment WA4. Response: We have evaluated the existing site based on the current ISWM manual. Sheet 4 was added to show the locations of the existing facilities which have been providing water quality improvements on and adjacent to the property for the last several years. The computation sheets shows the anticipated removal rates based on the ISWM criteria and shows the calculated Z:ASBNT RECORDS \1400 - 1499 \1441 \Comment Response (31 January, 2013).doc City of Denton 2 Thursday, July 18, 2013 required an proposed Gras Filter sizes to obtain the removal rates shown in the computations sheet were also provided in the table. Commenting Department: PLANNING Date: 1/30/2013 Status Return for Review Reviewed By: Nana Appiah P1. Show proposed number of parking spaces for the "existing state licensed vehicle" facility. Response: We added examples of how vehicles can be store within the designated areas but these are stored not parked vehicles. Not all of the vehicles will be passenger cars so they will need some flexibility on how they choose to store the vehicles. P2. Label the total area for the "existing state licensed vehicle" facility on the site plan. Response: Existing and proposed areas added to plan as requested. P3. Label the structures on the site and their proposed use. This list can be shown in a table format Response: Each building is labeled. P4. List all uses and equipment to be stored in the "proposed vehicle storage yard ". Response: Note 1. & 2. revised to clarify and general classes of equipment and locations shown as discussed. P5. Provide a list of all uses on the site to be covered by this proposed specific use permit. Response: Information clarified as discussed. P6. Label the total area of the office on the site plan. Response: Information added to the site plan as requested. P7. Please a landscape plan showing the existing and proposed landscape improvements to the site. Response: We provided a landscape plan and we showed existing and proposed improvements. After meeting with Nona additional we reduced the number and revised the location of the proposed trees. P8. Please note. Per Section 35.6.5 of the Denton Development .Code (DDC), staff may recommend conditions of approval deem feasible for continual operation of the site. Z:ASBNT RECORDS \1400 - 1499 \1441 \Comment Response (31 January, 2013).doc City of Denton Thursday, July 18, 2013 Response: Comment Noted. I hope that you will be able to verify that we have adequately addressed staff comments and are ready to proceed to Planning and Zoning commission. Please call if you have any questions. Thanks 4�' le Z d rds, P. E. CC: Gloria Akers Z:ASBNT RECORDS \1400 - 1499 \1441 \Comment Response (31 January, 2013).doc 3 111111 IIII l III'a IIIIIIIII IIhIII IIIIII S, hmc I 1621 A II0A I -J DA C 0u, Pm' —) °, a r, ; City of Denton Tuesday, September 10, 2013 It is my understanding that there were not any outstanding issues with any other of the departments based on our last submission, therefore, I request, that sheet 4 of our last submission be deleted and that sheets 1 through 3 of our last submission be submitted to the Planning and Zoning Commission for approval. Sincerely Greg Eards, P. E. CC: Nana Appiah, Gloria Akers, Ron Menguita Z:ASENT RECORDS \1400 - 1499 \1441 \LT08 BRIAN LOCKLBY - SUP.doc 2 Exhibit 7 Notification Map S12 -0001 Legend Public Notification Date: March 5, 2014 DEN TON =SITE =23200 Ft auffer 200 ft. Legal Notices sent via certified mail: 15 H Fawr lir.....�0Ce Ft ine 500 ft. Notices sent via regular mail: 68 il,n� I.,artrnr:rn:,[:d5 111111111111111111111 Fawr Centerline Number of responses to 200' Legal Notice • In opposition: 1 • In Favor: 2 • Neutral: 0 Specific Use Permit (S12 -0001) The Planning and Zoning Commission of of • hold a public hearing on Wednesday, March 19, 2014, and consider making a recommendation to City Council regarding a Specific Pen-nit (SUP) to allow w-rccker ser-viccs and impound lots on Industrial Center • • use districr on approximately 1.3 acres. The subject property is ,generally located south of Smith Street, cast of Dallas Drive, and north of Teasley lane. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Benton, Texas. Becmae you own proper,}, within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public bearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the-bottom or-mail it to the address below or drop it off -in- person:- -- - -- - Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. (In favor of request) Reasons for Opposition: Please circle one: (Neutral to request) uk, J J U`/ / 4 o S Signature: Printed Name: (Opposed to request) as Mailing Address: City, State Zip: _A CAI-r Al Telephone Number: _ o/ :. z6 - ' Email: 1161 tit l"nu Physical ^Address of Property within 200 feet: (t� CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76201 - 940.349.7785 - (F) 940.349.7707 20®' Paz Notice I,'d £L909990b6 puel uMel 13917:60 b t Z 6 aeN NOTICE OF PUBLIC HEARING Specific Use Permit (S12 -0001) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, March 19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow wrecker services and impound lots on a property located in an Employment Center Industrial (EC -1) zoning and use district on approximately 1.3 acres. The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley lane. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: 41 favor of regLi l`.)mm (Neutral to request) (Opposed to request) Reasons for Opposition: Signature: Printed Name: Mailing Address: 1)1� 14f "l City, State Zip: _.....i_, .'° Telephone Number: "' "ry`Y Email: Physical Address of Property within 200 feet: _ s i CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.7785 • (F) 940.349.7707 20u0 ", VnAy fo',)flce NOTICE OF PUBLIC HEARING Specific Use Permit (S12 -0001) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, March 19, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow wrecker services and impound lots on a property located in an Employment Center Industrial (EC -I) zoning and use district on approximately 1.3 acres. The subject property is generally located south of Smith Street, east of Dallas Drive, and north of Teasley lane. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. (In favor of request) Reasons for Opposition: Signature: " .. Please circle one: (Neutral to request) k (Opposed to request) M " k �w m " Printed Name: Mailing Address: State Zip ,1 ,::O _ .,„ 'r .�y_ " Telephone Number: Email' ll Physical Address of Property within 200 feet: S1 CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.7785 • (F) 940.349.7707 q a w S3ssasc n'--du v°nvwv sasl.� '3'a'SOHMMU303x0 i ..dS 101-11 39 '0Nj 'S30IAU3S ONIU33NION3 sauvM03 03uS ® � fimld aL!S II =G E L W a N O 3 E C O U � a � � O / C O — CV c] V e�3Z�osoNeyrei p.ea � / C) o I - u W t?� D W w a w uW WoW W I I W � �a °o°o ❑� �c a a� _ 4 _ 0 .a -I zy " I I I I s o e r e a < o -o Q. 0 o� �o tl m �N tis =o u r ol R x - w o W 'a< w �3 a ri r n YI c n �Q �o A< �frz €� f IN a Pt 3 w� Sim. 0 I / p a oo �z / a I � a w i _ox z -A9m w = o °�!� ib a OF P h �s P S3 O o 0 Wd 3---3 03x0 '.1 'S30IAHS ONIU33NION3 SaUVM03 03Urj -Id adeUSpUe'� o ® � IOISIIII r z wok � a 5 o ? � o�oo e 0 i�rw i NV3NnQ �ww LU >- m I S x � � Q Q w z CD 8z �p r x w � %� NosNNOr a NM ° r z wok � a 5 o ? � o�oo e 0 �ww egg 8z �p r x � E ° 3 Nj lel P na O 0 �ws � w$ _NQ x>J wow r z wok � a 5 o ? � o�oo e 0 �LLmN i I / a lo ai m e a �.Yggg4g gi - — ray ! o � 5N o � ad "� `o u 0 O > x a �o a q JIB � l 5 z aF a3" E -Jam v d yo� - Am I �oJ 90 mw eeaa� x �ww egg 8z �qOq l7 g O �z0 8 m �ws � w$ VH �LLmN i I / a lo ai m e a �.Yggg4g gi - — ray ! o � 5N o � ad "� `o u 0 O > x a �o a q JIB � l 5 z aF a3" E -Jam v d yo� - Am I �oJ 90 mw eeaa� x City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I EN ",I N File #: Z14 -0008, Version: Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Hold a public hearing and consider adoption of an ordinance providing for rezoning of an approximately 3.54 acre tract of land from Neighborhood Residential 1 (NR -1) to Neighborhood Residential Mixed Use (NRMU) zoning district. The subject property is generally located at the southeast corner of US Highway 377 (Fort Worth Drive) and Hamilton Road, and is legally described as a 3.54 acre portion of a 8.35 acre tract situated in the James Severe Survey, Abstract Number 1164 and described in the deed from Billy Royce Kenas and Joyce Kenas to Argyle Business Center, Limited Liability Company, as recorded in document number 20005 - 125511, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z14 -0008) The Planning and Zoning Commission recommended approval of this request (4 -2). BACKGROUND Lee Allison of Allison Engineering on behalf of the property owner, Mark Ludwig of Ludwig Investments, requests to rezone the subject property from NR -1 to NRMU. The applicant would like to pursue the rezoning as they feel a commercial use is appropriate for the subject property. There is not a specific use in mind at the time of writing this staff report. The property is currently vacant. The site is located at the corner of Fort Worth Drive, a major arterial street, and Hamilton Road, a commercial collector street. The area is currently designated as a Neighborhood Center per the Future Land Use Map. The location of the site at intersections of two roadways makes it appropriate for development of commercial uses. In addition, the subject site is adjacent to a property zoned NRMU, and the directly adjacent property to the east is in the county developed with commercial uses. Surrounding commercial uses to the subject site provides for a node of commercial development that could serve as a small neighborhood center within radius of the subject property. Notifications were mailed to five property owners within 200 feet and 14 property owners within 500 feet on May 22, 2014. As of the writing of this staff report one response has been returned and it was in support of the request. OPTIONS Approve as submitted. City of Denton Page 1 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: Z14 -0008, Version: 1 2. Approve subject to conditions. 3. Deny. RECOMMENDATION The Planning and Zoning Commission recommends approval of the rezoning request with a 4 -2 vote. The Development Review Committee recommends approval of the rezoning request. PRIOR ACTION /REVIEW (Council, Boards, Commissions) 1. At the June 11, 2014 meeting, the Planning and Zoning Commission recommended approval (4 -2). EXHIBITS 1. Staff Analysis 2. Site Location /Aerial Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Letter from the Applicant 7. Notification Map & Responses 8. Site Photos 9. June 11, 2014, Planning and Zoning Commission Meeting Minutes 10. Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Director Prepared by: Michele Berry, AICP Associate Planner City of Denton Page 2 of 2 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P &Z Date: June 11, 2014 TYPE: Rezoning CC Date: August 5, 2014 PROJECT #: Z14 -0008 Project Number: Z14 -0008. Request: Rezone approximately 3.54 acres from Neighborhood Residential I (NR -1) to Neighborhood Residential Mixed Use (NRMU). Applicant: Lee Allison, 4401 NI -35, Suite 102, Denton, TX 76207. Property Owner: Mark Ludwig, 8613 Passionvine, North Richland Hills, TX 76207 Location: Southeast corner of Highway 377 (Fort Worth Drive) and Hamilton Road Size: 3.54 acres + Zoning Designation: Neighborhood Residential I (NR -1) Future Land Use: Neighborhood Center Case Planner: Michele Berry DRC Recommendation: The Development Review Committee recommends approval of this rezoning request Summary of Analysis: The 3.54 acre property is located at the corner of Fort Worth Drive, a major arterial street, and Hamilton Road, a commercial collector street. The applicant is requesting rezoning of this parcel from NR -1 to NRMU. The property is currently vacant and it is adjacent to another property located directly to the north, across Hamilton Road, zoned Neighborhood Residential Mixed Use. The area is currently designated as a Neighborhood Center per the Future Land Use Map. No amendment to the Denton Plan is required. This request is appropriate given the intersection of Hamilton and Fort Worth Drive and the adjacency to existing NRMU zoning. The combination of these two properties, along with an adjacent commercial development in Denton County will create a node for commercial activity at this point. However, it should be noted that the intent of staff in recommending approval of this application is not to encourage commercial development along the length of Fort Worth Drive. It is the intent that this rezoning contributes to a node of commercial activity to serve the area. It is not staff's intent to encourage strip commercial development along this portion of Fort Worth Drive as this would be in conflict with the goals of the comprehensive plan in creating neighborhood centers. Furthermore, strip commercial development would distract from the rural residential character of the area. Any future rezoning in this area should be highly scrutinized. The applicant would like to pursue the rezoning as they feel a commercial use is appropriate for the subject property. There is not a specific use in mind at the time of writing this staff report. Per Section 35.3.4 Zoning Amendments should be evaluated on the following criteria for approval; 1. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Staff finds that this project meets these criteria. The Future Land Use Element is "Neighborhood Center ". In Neighborhood Centers new neighborhoods may develop in traditional patterns and contain uses necessary to support the surrounding neighborhood, such as neighborhood- oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. These types of uses are permitted in the NRMU zoning district. Public facilities are available and will be extended by the applicant to serve this development. There will be adequate public utilities and the proposal conforms to the Future Land Use element of The Denton Plan. Findings of Fact This request is to rezone the property from NR -1 to NRMU on approximately 3.54 acres. 2. Project History. A. Prior to 2002 the zoning designation on the property was Agriculture. Currently, the property is vacant. 3. Denton Plan A. The Future Land use designation on the property is Neighborhood Center. B. Land use analysis: within �/z mile of the subject site there are 285.64 acres in the ETJ, 200.16 acres zoned NR -1, 80.47 acres zoned NR -2, 15.13 acres zoned NR -6, 4.04 acres zoned NRMU, and 29.34acres zoned RD -5x. With the exception of NRMU and NR -6 these are low density districts. Based on current zoning and development patterns in the ETJ, staff expects the population in this area to build out at approximately 1,800 people. C. Per The Denton Plan a Neighborhood Mixed Use Activity Center (generally provided within NRMU and NRMU -12 zoning districts) is generally around 10 acres in size and supports up to one square mile and /or 5,000 people. There are undeveloped 4.04 acres currently zoned NRMU available for commercial and neighborhood supporting uses in the approximately one square mile shed. In addition, just to the north of the property is an undeveloped 5 acre tract zoned NRMU -12. There is already enough existing land zoned for residential supporting uses to support the expected population. However, it is likely density throughout south Denton will increase in coming years. Fort Worth Drive is a major arterial street and natural location for commercial uses. D. The comprehensive plan does support nodes of development and this property is adjacent to a commercial use and a property currently zoned NRMU. 4. Denton Development Code. A. Per Subchapter 5 of the Denton Development Code, the standards for NR -1 zoning are: Subdivisions less than 2 acres: • Min Lot area — 32,000 • Min Lot Width — 80 feet • Min Lot Depth —100 feet • Min front yard setback — 20 feet • Min side yard setback — 6 feet • Min side yard setback adjacent to the street —10 feet • Min rear yard —10 feet Subdivisions over 2 acres • Maximum density —1 unit per acre • Min side yard for non - attached buildings — 20 feet All subdivisions • Max lot coverage — 30 percent • Min landscaped area — 70 percent • Max building height — 40 feet • Max WECS height — 55 feet • Min yard when abutting a single family use or district —10 feet plus 1 foot for each foot of building height above 20 feet B. Per Subchapter 5 of the Denton Development Code the standards for NRMU zoning are: Subdivisions less than 2 acres: • Min Lot area — 2,500 • Min Lot Width — 20 feet • Min Lot Depth — 50 feet • Min front yard setback — None • Min side yard setback — 6 feet • Min side yard setback adjacent to the street —None • Min rear yard — None Subdivisions over 2 acres Maximum density — 30 units per acre Min side yard for non - attached buildings —12 feet All subdivisions • Max lot coverage — 80 percent • Min landscaped area — 20 percent • Max building height — 65 feet • Max WECS height — 75 feet • Min yard when abutting a single family use or district — 20 feet plus 1 foot for each foot of building height above 20 feet C. Use permitted in the districts are shown in the table below: Categories Residential Land Use Agriculture P ... P Livestock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units SUP L(1) N Attached Single Family Dwellings N L(40) Dwellings Above Businesses N P Live /Work Units N P Duplexes N N Community Homes For the Disabled P P Group Homes N SUP Multi - Family Dwellings N SUP(L4) Fraternity or Sorority House N SUP Dormitory N SUP Manufactured Housing Developments N N Commercial Land Use Categories Home Occupation P ... P Sale of Products Grown on Site N N Hotels N P Motels N N Bed and Breakfast N P Retail Sales and Service N L(17) Movie Theaters N N Restaurant or Private Club N L(11) Drive - through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Vehicle Repair N N Auto and RV Sales N N Laundry Facilities N P Equestrian Facilities SUP N Outdoor Recreation P SUP Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N L(14) Broadcasting of Production Studio N L(14) Sexually Oriented Business N N Temporary Uses L(38) L(38) Industrial Land Use Categories Printing / Publishing N ... N Bakeries N L(21) Manufacture of Non - odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center/Warehouse, General N N Warehouse, Retail N N Self- service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels L(37) N Veterinary Clinics L(14) P Sanitary Landfills, Commercial Incinerators, Transfer Stations N N Gas Wells L(27) L(27) Institutional Land Use Categories Basic Utilities L(25) ... L(25) Community Service N P Parks and Open Space P P Churches P P Semi - public, Halls, Clubs, and Lodges SUP P Business / Trade School N L(14) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Colleges N N Conference /Convention Center N N Hospital N N Elderly Housing N P Medical Centers N P Cemeteries N N Mortuaries N N WECS (Free- standing Monopole Support Structure) L(41) SUP WECS (Building- mounted) L(42) SUP D. There are no Overlay Districts or Historic or Conservation Districts. 5. Other Plans. A. Capital Improvements Plan (CIP). There are no utility projects planned for this area. B. Mobility Plan. Highway 377 is classified as a Primary Major Arterial; Hamilton Road is classified as a non - residential collector. This roads have adequate capacity. C. TxDOT Plans. There are plans to widen Highway 377. 6. Existing site conditions A. The site is undeveloped. B. There is a 4 acre parcel immediately to the north zoned NRMU that is undeveloped. There is also an approximately 5 acre parcel 0.6 miles to the north zoned NRMU -12 that has farm and ranch improvements. C. There are no Environmental Sensitive Areas or Floodplain areas on site. D. The property has frontage on HWY 377, a TXDOT Right of Way, and Hamilton Road. Hamilton Road will need to be improved with 25 ft wide pavement, and 8 ft side, curb and gutter. A utility easement will be required along Hwy 377. There are TXDOT plans to widen HWY 377. E. Water is available from the existing 20 -inch main along Hwy. 377. There is adequate available capacity in this main for the proposed zoning. Applicant is required to extend an 8 -inch water main along Hamilton Road, from the 20 -inch main to Applicant's east property line. F. Given the distance from existing City sewer mains, City would not object to this property being served by a private on -site sewage facility (OSSF). 7. Other Facts stated by DRC. A. Anticipated water demand, when there are plans for the specific use this can be better calculated. However, even if the property develops at the most intense use under the NRMU zoning district there is adequate water service available. B. Wastewater demand will be captured on site and not through City systems. C. Anticipated transportation demand, when there are plans for the specific use this can be better calculated. However, even if the property develops at the most intense use under the NRMU zoning district there is adequate street capacity. D. The rezoning would permit up to 103 apartment units as the most intense land use which may lead to increased park demand. Park fees would be required if developed with multi - family. E. At maximum residential density there could be up to 103 apartments which would generate 8 elementary school students, 4 middle school students and 4 high school students. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NR -2, ETJ, RD -5x NRMU ETJ Single Family, Farm and Ranch Acreage with or without ag. use Farm and Ranch Improvements Improvements West: Subject Property: East: NR -2, ETJ NR -1 ETJ Railroad, Single Family Acreage with or without ag. use Real & Commercial Southwest: South: Southeast: NR -2, NR -6, ETJ NR -1 ETJ Single Family, Farm and Ranch Acreage with or without ag. use Farm and Ranch Improvements Improvements Source: City of Denton Geographical Information System and site visit by Cio) staff Summary of Surrounding Zoning Designations and Current Land Use Activity: Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies The Future Land Map of The Denton Plan designates this area as Neighborhood Center. In Neighborhood Centers new neighborhoods may develop in traditional patterns. Per The Denton Plan Land Use Element, "mixed -use and mixed housing types will be allowed to develop in a pattern of `neighborhood centers'. These are oriented inwardly, focusing on the center of a neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support uses could include service- oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses." Relevant goals of residential land use include; • Balance between residential and non - residential land use, • Balance among the types, styles and prices of homes, and • Maintain about 50% of developed land in the City with residential uses, B. Land use analysis Within �/z mile of the subject site there are: • 285.64 acres in the ETJ, • 200.16 acres zoned NR -1, • 80.47 acres zoned NR -2, • 29.34 acres zoned RD -5x, • 15.13 acres zoned NR -6, and • 4.04 acres zoned NRMU. Based on current zoning and development patterns in the ETJ staff anticipate the population in this area to build out at approximately 1,800 people based average residential units per acre and residents per unit. The Denton Plan a Neighborhood Mixed Use Activity Center (generally provided within NRMU and NRMU -12 zoning districts) is generally around 10 acres in size and supports up to one square mile and /or 5,000 people. There are 4.04 undeveloped acres currently zoned NRMU available for commercial and neighborhood supporting uses in the approximately one square mile shed. In addition, approximately one half mile to the north of the property is an undeveloped 5 acre tract zoned NRMU -12. C. Future Land Use Allocation /Current Zoning District Allocation Subject Property Future land Use/Zoning allocation 3.54 f acres Current Allocation in the City Proposed Allocation Change Based Upon Request Neighborhood 24.98 acres within a mile Residential Mixed 1,085.65 radius 28.43 Use (NRMU) Neighborhood 632.05 acres within a mile Residential Mixed 674.55 radius 628.60 Use (NR -1) Source: City of Denton Nearest Elementary, Middle, and High School At its most intense use, the property could develop with apartment at 30 units per acre. Currently it is the intent of the property owner to find a commercial development which would not add to school capacity. However, once the zoning is approved apartments could be permitted with an SUP. Thus, staff has included the estimate student generation for 103 apartment units. Argyle ISD representatives have informed staff that Argyle Middle School and Argyle High School are already at 128% capacity. Portables are currently being used to accommodate existing students. An SUP would be required for apartment uses and capacity would need to be reevaluated at the time of submission. Name of School Approximate Distance Project's Estimated Capacity Adequate to Serve (Yes From Subject Property Annual Student or No) Permitted Density 30 units /acre Generation Potable Water Hilltop Elementary ± 2 miles 6 Yes Argyle Intermediate & ± 2 miles 3 No Middle to City's wastewater system. N/A Argyle High School ± 2 miles 3 No Source: Argyle Independent School District Nearest Fire, and EMS Station Name of Station I Approximate Distance From Fire/EMS I Station 7 located at 4201 Vintage Pkwy ±2.66 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Im act Analysis 3.54 ± acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 30 units /acre Yes Potable Water 166 gpm (peak) Yes Consumption (GPD) Wastewater N /A; they will not be connecting Generation (GPD) to City's wastewater system. N/A B. Available Capacity: Water is available from the existing 20 -inch main along Hwy. 377. There is adequate capacity in this main for the proposed zoning. Given the distance from existing City sewer mains, City would not object to this property being served by a private on -site sewage facility (OSSF). C. CIP Planned Improvements: There are no planned CIP improvements for this area. Roadways /Transportation Network: A. Estimated Demand: Subject Property Estimated Impact Analysis 3.54 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 30 units /acre Yes Average Annual 727 Yes Daily Trips (AADT) PM Peak Hour Trips 1 73 Yes B. Available Capacity: The property has frontage on HWY 377, a TXDOT Right of Way, and Hamilton Road. Highway 377 is classified as a Primary Major Arterial Street. Hamilton Road is classified as a non - residential collector street. There is adequate capacity to serve the property under the proposed zoning. C. Roadway Conditions: Hamilton Road will need to be improved with 25 ft wide pavement, and 8 ft side, curb and gutter. A utility easement will be required along Hwy 377. D. CIP Planned Improvements: There are no CIP planned improvements, however, there are TXDOT plans to widen HWY 377. Environmental Conditions: There are no Environmentally Sensitive Areas on site. Electric: The new electric service will be per DME's Electric Service Standard available at www.dmepower.com. Furthermore DME typical development comments for Commercial developments are available at www.dmepower.com. Exhibit 10 Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TERAS, PROVIDING FOR REZONING OF AN APPROXIMATELY 3.54 ACRE TRACT OF LAND FROM NEIGHBORHOOD RESIDENTIAL I (NR-I) TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT. THE SUBJECT PROPERTY IS GENERALLY LOCATED AT TFIE SOUTHEAST CORNER OF US HIGHWAY 377 (FORT WORTH DRIVE) AND HAMILTON ROAD, AND IS LEGALLY DESCRIBED AS A 3.54 ACRE PORTION OF A 8.35 ACRE TRACT SITUATED IN THE JAMES SEVERE SURVEY, ABSTRACT NUMBER 1164 AND DESCRIBED IN THE DEED FROM BILLY ROYCE KENAS AND JOYCE KENAS TO ARGYLE BUSINESS CENTER, LIMITED LIABILITY COMPANY AS RECORDED IN DOCUMENT NUMBER 20005-125511, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z14-0008) WHEREAS, Lee Allison on behalf of Christopher Ludwig or Ludwig Investments, LI.C, has applied for a change in zoning for approximately 3.54 acres of land to be rezoned from Neighborhood Residential I (NR-1) to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, as legally described in Exhibits "A" and "B", attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHERAS, the request has been found to be consistent with the Future Land Use Map designation of Neighborhood Center, goals outlined in The Denton Plan, and requirements of the Denton Development Code; and WHEREAS, on June 11, 2014, the Planning and Zoning Commission held a public hearing as required by law, and upon conclusion recommended approval of the requested change in zoning; and WHEREAS, on August 5, 2014, the City Council held a public hearing as required by law; and WHEREAS, the City Council finds that the zoning change is consistent with The Denton Plan and the Denton Development Code; 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 as true. SECTION 2. The zoning district classification and use designation for the Property described in Exhibits "A" and "B" is changed from NR -1 to NRMU. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way SECTION 3. The City's official land use map is amended to show the change in the land use designation. Exhibit 10 Ordinance SECTION 4. 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 S. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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 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 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY A B Y: CHRIS WA'T'TS, MAYOR Exhibit 10 Ordinance Jf-xejamm�• IN I-am"All am, WAUZIOUM PAGE 3 Exhibit 10 Ordinance HCHMOCM2MMYMEM ZONMAPKMTM I HO WAY 3" SELF STORAGE myopowmw ommomom YMM ZONMEXHW FUTIffiff WW II Exhibit 2 Site Location Aerial Map ��'m N Legend .. . ... .... Subject Property W E Citylimits s 0 105 210 420 1) E N I F"t Exhibit 3 - Zoning Map Z14 -0008 HWY377 P ETJ RD -5X ETJ -N RI 2, r; RD -5X N R 61�,1�I1 � ........... .......................j1'j1110 c a NR- 1......: .1.� .........................I1 q ETJ N R I1 -2 �N RD -5X T -J— N -R =1 N R -1 1 ,1111 ��_� N R - 2 R '5 N R„ Ir », �„ ��,,,;- ��,,,,, 1 1 1�I1I1I1I1I1I 1111111111 IIII° 1 °'I N R" 'NR-1 �I1I1�I1I1��1I1�I1I � IIII ETJ VIIj11111 Y 1 NrR -1 ETJ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I NR-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NR-2 c 1 1 1 1 1 1 1 1 II 1 1 1 I NCR =MI1U Legend N= City Limits DR -1 IY ll 11— PD _Subject Property DR -2 NR -1 Q',';;;ohm RC ci'��e O Panels EGG NR -2 IPWIUWW RGG-D VY A ;rECI NR RCC{q uu CIO -E ETJ 1 NR -4 RCR -1 (� NR -6 RCR -2 -. DC -G NRIIOU RD -5 Cll 1111111111 CG /ir. 0 235 4]OJ 94Feet %, DC-N IIIIIIIIIIIIIIIIIIII Iv1E 1 IIIIIIIII'.i NRIv1U 12 t- .p:.:t RD -SX ee e .sm m. e�i, Mgnamg o. =u„gng P.,�,�cm am «sPP���n�m�,aem.p�.n. or�kc� m.,b nM ea. mme„e memm. P.ee e,.m o.m ' ° "r "°"'gym P61�" "r°a° " ""°• °`°y °,v °� m °o gme.s me,e aorm,mm�. Y IY fib�t "". Exhibit 4 Proposed Zoning Map ; NR-2y Legend _Subject Property EC -C NR -2 IYWWWW RCC -D A EC I +..k NR � IIIIIIIIIIIIIIIIIIII RCC N IIIIIIIIII GM{ ETJ IIIIIIIIIIIIIIII NR RGR -1 m.,m nM ea. mme„e memm.n�ee �mo.m Y I "� C10 -G IC{ NR6 -RCR -2 IIII OG� IIIIIIIIIIIII ICG LVL4"Z NR INU IRD{ (� m.aere P.e,n me mon a..m�rexaye .o,.�ao fib(' 0 160 320J ""� 640 mev gre.s re,e aorm,mm�. ^.� � Illlli DC -N IIIIIIIIIIIIIIIIIIII [OF -1 IIIIIIII'.IIIIIII NRIviU 12 N'"'.::'rik RD -5X OR -1 IYIWWWW IviPC IIIIIIIIA \11AV PD DR -2 NR -1 RC Feet Exhibit 5 Future Land Use Map 0 Ip SKIVUE - Neighborhood - Center X -i ti-and Use SITE _J LU OT ry EEK O 0 iiSubject Property uuuuuuuuu Reg i nal Mixed Use Center Neighbor ood Center Employment Center Downtown University Core Existing Land Use uum Industrial Center unnnnnni Rural Areas ... Community Mixed Use Center N W_ E S Exhibit 6 Letter from the Applicant roLl"', P M909SUIMM X April 28, 2014 City of Denton Planning Department City Hall West 221 N Elm St. Denton, Texas 76201 Re: Zoning Application Hwy 377 Self Storage Project Narrative AEG #: HVI 1301 Greetings: We are requesting a zoning change from NR -1 to NRMU. This was originally anticipation of a code amendment that would allow residentially oriented self storage facilities in the NRMU district as presented and discussed in our pre-application submittal PAC13-0067. However, a competing entity has started construction However, a competing entity has initiated construction of a self-storage facility in the ETJ that is in the immediate vicinity of this site. Regardless, the applicant believes that NRMU provides for the best use at that location. It is apparent that given the surrounding use a single family residence on one acre minimum will not happen in that area. By providing the appropriate zoning in a timely manner then appropriate uses may also develop in a timely manner thus by competition discourage uncontrolled development in the ETJ. The site is located at the south east corner of Hwy 377 and Hamilton Road in Denton, Texas. Most of the site is located in the City limits and a sliver is located in the Extraterritorial Jurisdiction (ETJ). The Client has acquired the referenced site. He intended to develop a self storage facility for use by residential customers only, but that option is no longer economically viable. The site currently consists of 2 lots. Its R No.'s are 73913 and 65680. It contains about 4.35 acres. Page I of 2 Allison Engineering Group, Inc. Planning Communities - Designing the Systems That Serve Them P:\Projects\HVI1301 - Hwy 377 Self Storage\City Submittal-Comments\Zoning\lst: Submittal\REVISED Project: Narrative.doc The zoning is NR-1. The site on the north side of Hamilton Road is zoned NRMU. The site to the east is a commercial strip center. The site fronts on Fort Worth Drive (SH 377) and Hamilton Road. Hwy 377 is TxDOT controlled. It is classified as a Major Arterial. The proposed Transportation Criteria Manual establishes a required right of way of 122 feet. Access is proposed from Hamilton Road. It is shown as a local street on the mobility plan. A second emergency access may be provided near the south east corner of the site. It will utilize the fire lanes on the adjacent site to the east. The western parking and fire lanes on the site to the east are actually on this site. They are shared facilities and are reserved for our use. Water will come from the 20 inch transmission main that fronts the site on Hwy 377. We will tap the line and extend it along the Hamilton Road Frontage. Sanitary sewer will be a septic system. Detention will be required. The site drains softly from the south west to the north east. A detention pond is anticipated in this general area. There is a 20 foot public utility casement along Hwy 377 and then a 20 foot gas easement that parallels Hwy 377. The two easements are separated by a 15 foot space. Hamilton road will require paving improvements up to the City limits. Sidewalks will be provided in accordance with the code. We believe that there is a definite need to properly zone this area in order to attract the quality business that desire the highway frontage before competing uncontrolled uses are developed in the ETJ that are immediately adjacent to the site. We look forward to the DRC report and working together to help determine an effective process for the development of the site. Respectfully submitted, Allison Engineering Group, hic. Lee K. Allison, P.E., FNSPE Page 2 of 2 Allison Engineering Group, Inc. Planning Communities - Designing the Systems That Serve Them Exhibit 7 Notification Map and Responses 200 Ft Notification Boundary ALLRED j0 °u i i i i i i i i i i SITE m� 500...Boundlflry tlon. a ° J Y W OT ISH-CREEK O O „mm N a 6/1-14 W E In Favor subject Property S o 105 zio 420 Feet�..,.•,.o�,o.m.a.,..r. ° °�` "� ",,•° " "" nos�cia xo w,m.ng, N.c,�sm w,.,. o.„ U I,; 1. ; &.7.. ,.n 77n� ne..e > ,.f > nFnnrnm.L ra? UBLIC HEARING ZI ' i 'The Planning and Zoning Commission of the -City of Denton will .hold. a public hearing on Wednesday, June .11, 201.4 and consider making a recommendation to the City Council regarding rezoning approximately 3.54 acres from Neighborhood Residential 1, {NR -1) to Neighborhood Residential Mixed Use :(NRMU.)_ The subject property is generally p.ppted.:at the southeast corner of US Highway 377 .(Fort Worth..prive) and flamilton Road.- The public hearing will start at 6:30 p.m. in the City Council Chambers of City. Hall located at 215 E. ::Mc,Kinney Street, Benton, Texaa. For.qu.ostions,. Please - contact Michele -Berry at (940.).349 77714. 0'0cau e you o rs ,nrpoerjy'vwijhin i w 70ndro (200) feet of the gbject ,property, the Planning and ''Zonin-9 Cornmi sioil wvotrirf )#1 e to hear Prow you feel abou this reahest and invites year to attond the ut ltc l parir g Please, in order for your .opinion to betaken into account, return this form with your comments pwrior, to th data' of the ,public he adrtag. (This 'in no Way protribits you frorn attending and Xi d'i,q ap ting n .th p(rlrirc lae afinq ).. 'ou snpy fax, it to the....nurnper._la?cated,aq# ,e_h _m, or_mail. it .tp. fhe address b low or, drop A cuff in-person'.., Planning and DevelQpmeni Department Aitn.: -- Michele Berry, Project .Manager. 221 K. Elm ST Benton, Texas.7620.1 Exhibit 8 Site Photos Exhibit 8 Site Photos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Exhibit 9 June 11, 2014, P & Z Meeting Minutes 11"T Minutes DR 1 {"T Planning and Zoning Commission June 11, 2014 After determining that a quorum was present, the Planning and Zoning Commission convened a Work Session on Wednesday, June 11, 2014 at 5:15 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: Vice -Chair Thom Reece. Commissioners: Brian Bentley, Frank Conner, Jim Strange, Devin Taylor, and Amber Briggle. ABSENT: Chair Jean Schaake. STAFF: Brian Lockley, Athena Green, Aaron Leal, Earl Escobar, Ron Menguita, Nana Appiah, Cindy Jackson, Sophie Huemer, Mike Bell, Julie Wyatt, Michele Berry, Darren Groth, Shannon Brajer, and Renae Seely. REGULAR MEETING The Planning and Zoning Commission convened a Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was held on Wednesday, June 11, 2014 and began at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: 3. PUBLIC HEARING: G. Hold a public hearing and consider making a recommendation to City Council ree,a� rding_a rezoning of approximately 3.54 acres from Neighborhood Residential 1 (NR -I to Neighborhood Residential Mixed Use (NRMUD. The subject properly is generally located at the southeast corner of US HiAwav 377 (Fort Worth Drivel and Hamilton Road. (Z14 -0008, US HWY 377, Michele Berry Lockley introduced Berry. Berry stated this request is to rezone from Neighborhood Residential - 1 zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district on approximately 3.54 acres. The Future Land Use Map shows the property listed as Neighborhood Center. Berry stated staff has made three major determinations: 1. There is adequate public infrastructure capacity to serve the site. 2. However, the unique circumstances of the site make it Neighborhood Centers an inappropriate future land use designation. And 3. Community Mixed Use Center is the most appropriate future land use designation. There are a lot of uses that would be allowed to this site. Berry stated she has received a few calls in regards to this proposal; those individuals do not provide a returned public notification. The individuals concerns were multi - family development, which would require a Specific Use Permit. There is no specific use proposed at this time. Staff sent out five Public Hearing notices to property owners within 200 feet of the subject site, and 14 courtesy notices to property owners within 500 Exhibit 9 June 11, 2014, Planning and Zoning Commission Meeting Minutes 1 feet of the subject site. At this time staff has received one returned response in favor of this 2 request. The Development Review Committee recommends approval of this request. 3 4 Bentley questioned if the NRMU property is vacant; Berry stated correct. Bentley questioned 5 when that site was zoned; Berry stated she is unsure; it is possible it was during the entire City 6 wide 2002 rezoning. Bentley questioned if the site being rezoned should be rezoned to a lesser of 7 a zoning district. Bentley stated maybe the zoning doesn't fit. Berry stated possibly the 8 Neighborhood Residential -1 (NR -1) zoning district. Bentley stated correct. 9 10 Bentley stated if the development has no specific use at this time, and doesn't want to encourage 11 commercial development along Hwy 377. Bentley stated this goes against the Denton Plan. 12 Bentley questioned what other use could be placed at this site. Berry stated the intent is to not 13 have strip commercial uses all along Hwy 377. There are some demands for commercial uses in 14 the area. 15 16 Lee Allison, Allison Engineering Group, 4401 N I -35, Ste 102, Denton, Texas 17 Allison stated Mark Lovewick, the property owner is also present. Allison thanked staff. He had 18 no additional presentation. The owner was originally thinking a code amendment to all self 19 storage to residential areas. This would allow residential individuals smaller storage units. This 20 would allow families space to store their smaller needs and would require them to drive across 21 town to a storage unit. There is a self storage in construction in the area that can develop because 22 they are within the extra - territorial jurisdiction. The applicant wants to move forward with 23 someone that is compatible for the gateways of Denton and the surrounding area. 24 25 Reece opened the Public Hearing. There was no one to speak on the item. Reece closed the 26 Public Hearing. 27 28 Bentley stated he agrees with Allison. The NR -1 zoning district isn't appropriate all along the 29 Hwy 377 strip. This is going to be a gateway into Denton. This is why we need to use the best 30 tools that we can and make the best possible developments for Denton. This is a premature 31 request to put zoning of this class onto this subject site without knowing the use of the site. 32 Bentley stated he is opposed to this request. Strange stated he understands Bentley's concerns, 33 and understands Allison's point of view being a developer. Strange stated he is in favor of this 34 request. 35 36 Briggle stated she normally is in favor of mixed use developments. However, she agrees with 37 Bentley. This is moving ahead of the time without more clarification of the use. Briggle stated 38 she is opposed. Taylor stated this Commission has reviewed commercial centers in this area of 39 town in the past and have removed the Community Mixed Use General zoning classification. 40 Taylor stated it would be in this Commissions best interest to plan these developments and uses. 41 Bentley stated he agrees. 42 43 Commissioner Brian Bentley motioned, Commissioner Amber Briggle seconded to deny this 44 request. Motion failed (2 -4). 45 PA Exhibit 9 June 11, 2014, Planning and Zoning Commission Meeting Minutes Commissioner Jim Strange motioned, Commissioner Frank Conner seconded to approve this request. Motion carried (4 -2). City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I N71" N File #: Al 4-0001, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: John Cabrales Date: August 5, 2014 SUBJECT Hold the first of two public hearings to consider the adoption of an ordinance of the City of Denton, Texas regarding the annexing 40.33 acres of land, more or less, generally located on the west side of Cooper Creek Road, approximately 800 feet south of Silver Dome Road and approximately 1,800 feet north of Mingo Road more specifically described in Exhibits "A" and "B "; approving a service plan for the subject property and temporarily placing the property in the Rural Residential - 5 (RD -5) zoning district; providing for a correction of the City Map to include the annexed lands; providing for a savings clause and effective date. (A14 -0001) BACKGROUND Randall Smith is authorized representative of Charles Byrom, the property owner, for this voluntary annexation request. The subject property is approximately 40.33 acres and is adjacent to the current city limits on its north, west, and south boundaries. The adjacent zoning districts are Neighborhood Residential 4 (NR -4) to the north and west and Neighborhood Residential 6 (NR -6) to the south (See Exhibit 3). The Future Land Use Map in The Denton Plan designates the subject property a Neighborhood Center (See Exhibit 4). The developer desires to build a single family subdivision across this entire area and is requesting the annexation for this purpose. Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights -of -way. The tract of land being proposed is located in Denton's ETJ Division 1 and is contiguous to the city limits. The subject site is not platted; any subsequent subdivision or reconfiguration of this tract will be subject to the City's subdivision regulations. Tx.LGC §43.061 establishes the standards by which municipalities must abide with regards to annexation of areas exempted from the municipal annexation plan requirement. The following is a description of the steps that must be followed during the annexation procedure for areas exempt from an annexation plan: 1. Provide written notice of intent to property owners, DISD, railroads and public and private entities, if required; 2. Preparation of the Service Plan; City of Denton Page 1 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: Al 4-0001, Version: 1 3. Notice of the hearings is published in the Denton Record - Chronicle and posted on the city's Internet website Provide; 4. City Council holds two (2) public hearings to be held on or after the 40 ' day, but before the 20 ' day before the date of the institution of proceedings (Ordinance Readings) at which all interested persons are heard; 5. City Council holds I" Reading of the Annexation Ordinance; 6. City Council holds 2nd Reading of the Annexation Ordinance and passes the ordinance; 7. Proper post- annexation preclearance and notice is completed. A schedule of these steps is included as Exhibit 5. Written Notice Requirement: Before the 30 ' day before the date of the first hearing required under Section 43.063, a municipality shall give written notice of its intent to annex the area to (1) each property owner in the affected area, as indicated by the appraisal records furnished by the appraisal district for each county in which the affected area is located: (2) each public entity, as defined by Tx.LGC §43.053, or private entity that provides services in the area proposed for annexation; and (3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right -of -way is in the area proposed for annexation. Annexation of the subject property will not require any special called meetings beyond the regularly scheduled City Council meetings. A "public entity" includes a municipality, county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or a special district, as that term is defined by Tx.LGC §43.052. Id. at Tx.LGC §43.053(a). The City must also provide the written notice to all school districts located in an area to be annexed within the period prescribed for publishing of the first public hearing. The notice must include any financial impact on the district that may result from the annexation and the city's proposal to limit the effects of that financial impact. (Id. at Tx.LGC §43.905) Posting Requirement: In addition to the above written notice requirement, since the City has an internet website, the City is required to (1) post notice of the hearings on the municipality's internet website and (2) publish notice of the hearings in a newspaper of general circulation in the municipality and in the area proposed for annexation. Service Plan Tx.LGC § 43.065 sets forth the requirements relating to scheduling for the provision of municipal services for areas exempted from a municipal annexation plan. As such, a service inventory and service plan was prepared for A14 -0001. The service analysis is attached as Exhibit 6 and the service plan is attached as Exhibit 7. Notices were sent as required by State Law, in addition notices were sent to property owners within 200 feet and residents within 500 feet. At the time of drafting this staff report no responses were received. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. City of Denton Page 2 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: Al 4-0001, Version: 1 RECOMMENDATION Staff recommends that the public hearings proceed as scheduled. ESTIMATED SCHEDULE OF PROJECT Please see exhibit 5 for a full annexation schedule. PRIOR ACTION /REVIEW (Council, Boards, Commissions) City Council May 6, 2014 A14 -0001 Petition for Annexation FISCAL INFORMATION No significant fiscal impact anticipated at this time. BID INFORMATION Not Applicable EXHIBITS 1. Staff Analysis 2. Site Location /Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Annexation Schedule 6. Service Analysis 7. Service Plan 8. Draft Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of Denton Page 3 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit I Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P &Z Date: N/A TYPE: Annexation CC Date: August 5, 2014 PROJECT #: A14 -0001 Project Number: A14 -0001 Request: A petition to be annexed by the City of Denton Applicant: Randall Smith, 5428 Lake Victoria Ct. Flower Mound, TX 75022 Property Owner: Charles Byrom, Estate of C.L. Byrom, P.O. Box 603 Sanger, TX 76266 Location: The property is generally located north east of City limits, on the west side of Cooper Creek Road approximately 1,200 feet north of Fishtrap Road and 800 feet south of Silver Dome Road. Size: Zoning Designation: Future Land Use: Case Planner: DRC Recommendation: Summary of Analysis: 40.33+ N/A Neighborhood Center Michele Berry The Development Review Committee recommends APPROVAL of A 14 -0001. The request is to grant a petition to annex to a property owner in the City of Denton Extra - Territorial Jurisdiction (ETJ). The proposed annexation would allow the developer to develop both the subject property and the adjacent properties that are within City Limits as a single family subdivision. If annexed, the developer will bring forward a zoning case to establish the initial zoning on the property. The initial zoning cannot be notice until the property in within City Limits, as the City does not have zoning jurisdiction in the ETJ. Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights -of -way. The tract of land being proposed is located in Denton's ETJ Division 1 and the petitioner expects to develop the land within 20 years, The subject site is not platted; any subsequent subdivision or reconfiguration of this tract will be subject to the City's subdivision regulations. The annexation process is regulated by the Texas State Local Government Code. Per Section 43.028 of the Texas Local Government Code municipalities may annex by petition of property owners if the land is: (1) That is one half mile or less in width; (2) That is contiguous to the annexing municipality; and (3) That is vacant and without residents or on which fewer than three qualified voters reside. The 40.33 acre subject property meets all three of the above criteria. The petition to be annexed was approved by City Council on May 6, 2014. As a result staff has prepared a service plan and scheduled the annexation proceedings for this property. Development Review Committee Based upon the information provided by the applicant, the Development Review Committee finds that with the recommended conditions the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based upon the findings -of -fact, the Development Review Committee (DRC) recommends APPROVAL of A14 -0001. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NR -4 NR -4 ETJ Farm and ranch improvements Farm and ranch improvements Farm and ranch improvements West: Subject Property: East: NR -4 ETJ ETJ Acreage with or without ag. Farm and ranch improvements Farm and ranch improvements Southwest: South: Southeast: NR -6 NR -6 Acreage with or without ag. Acreage with or without ag. Source: City ofDenton Geographical Information System and site visit by Cio) staff ETJ e with or without a The developer's current plan is to zone the property to match the surrounding properties that are within the City, Neighborhood Residential 4 (NR -4) and Neighborhood Residential 6 (NR -6), once the property is annexed. Summary of Surrounding Zoning Designations and Current Land Use Activity: Immediately surrounding the property is acreage with or without agricultural use and farm and ranch improvements. However, approximately 1,000 feet to the northwest is the Deer Forest Subdivision. In addition, a pre - application has been submitted for the area to the north east and south. This area was previously in a General Development Plan and is currently zoned NR -4 and NR -6. Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies The growth management component of the Denton Plan designates this property as Urbanizing Extraterritorial Jurisdiction. The Denton Plan also indicates this area is future residential on the Growth Management Plan. In addition, the Plan calls for annexation of approximately 15,000 additional acres for single family uses. Since 1999 the City has annexed approximately 20,827 acres. A large portion of this area is the greenbelt corridor which is not anticipated for suburban single family use. In addition, other portions will be developed with commercial or industrial uses. B. Land use analysis The developer is pursuing the annexation to create one cohesive residential subdivision. By annexing the property the City ensure that its development regulations are followed. The development would need to meet all City code and criteria. The City has little control over the uses permitted, design, or standards if left in the ETJ but the property may still be developed. In addition, the property is location in an area surrounding by City limits (See Exhibit 2). Nearest Elementary, Middle, and High School Name of School Approximate Distance From Subject Property Hodge Elementary 1,300± feet Strickland Middle 2.4± miles Ryan High School 2.1± miles Source: Denton Independent School District Nearest Fire, and EMS Station Name of Station Approximate Distance From Fire/EMS I Fire Station 4 12,400± feet Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: The developer is generally required to extend services to serve the proposed property. Water is available by connecting to, and extending a main from, either the existing 12 -inch main at the Kings Row/ Farris Road intersection, the existing 12 -inch main at the Cooper Creek Road/ Mingo Road intersection, or one of the existing 12 -inch stubs off the 30 -inch main along Loop 288. Sewer is available via the existing 10 -inch gravity main along Cooper Creek Road. Roadways /Transportation Network: Cooper Creek Road runs along the east boundary of the subject property and is classified as a collector road not yet built to class standard per the Mobility Plan. Per the DDC the developer may be required to make the required improvement. Currently, Cooper Creek Road is maintained by the County. Annexing the road in addition to the property would put additional responsibility on the City to maintain the road. Per the Denton Mobility Plan, Windsor Street is a secondary major arterial that will be extended through to the subject property and along its northern edge. The developer will dedicate this Right -of -Way and make improves per the regulations in the DDC. Environmental Conditions: A. Surface Water: There are no streams or areas of floodplain on site. B. Environmentally Sensitive Areas: The subject property is not encroaching into environmentally sensitive areas (ESAs) Electric: There are existing Denton Municipal Electric Lines along the property frontage on Cooper Creek Road. Park Facilities: A. Name of park facilities currently serving this area: • Clear Creek Natural Heritage Center, approximately 6,800 feet to the northeast • Cooper Creek Open Space, approximately 5,400 feet to the south • Avondale Park, approximately 6,500 feet to the west Exhibit 2 - Si o ial Map Aama N Legend Subject Property VIII C i ty I i m i ts 0 240 480 110 DEN Exl} b di4blp ...... ......... ......... L 4 _.. - _w....._ .. _� _._._._ . ., _. . _._._ . C' - -- l 11 w. . i Illll 111rr �il ii j j w. rrrrrrrrrrrrr �� IIII IIIIIII III X V III!, I 1 I� —• ..._ .�'. Subject Property_.�.m _.. _ ....... _. d Illlllllllliii iiil�;; ,° �I�III IIII�II�II�,ll�iil;�lllllllllll II �II��I��I��III,IIIIIII I�I�IIIII16������� Illlll�llliiiiii�IPIPIPI�II��I� I� I Ilf�llll 111 II II �iiiiii II;;IIIII IIII �II��I� �� � ��I�I�IIIIIII ��iiiii� iu viii IIIIII — �w.. IIIIIIIIIII�IIIIIIIIIIII�I�����I�IIII �µ � III � IIIIIII IIIIII i I %��Illl�iiil�llllll� it iiii %ii I III 1 ��I <<�I�� I ull uil II III I I��mlll �Illl�llllllillllllllllllii� �� I I Illlllil��l��l��l��l�l ���IIIIIIII�� %�IIIIIIII i � -- .- .:�� IIIIIIIII� ��' :�-�"' �..�.- .: llllllll Illllllllillllll�iiiiiiiiiiilliiiii ;Illllllo� °�II��I��I <<< I � -� � �IIIIIIIIIIIII f f f f+ I, Illllllllllllil�lllliiiiiiiiii� °�II�II��I��I � '� ........... Subject Property EC-C NR -2 iwwww�aw RCC -D A ;: EC -1 NR -3 uuuuumuuuuu RCC -N umm CWE ETJ uuuumuum NR -4 RCR-0 + CM-G ICE ? NR 6 ue RCR-2 uu DC -G uuuuuum IC-G a�aiine: NRMU RD -5 °,�, °.. °� °� ° °9 °. °, °9P °� °y, ��•, DC -N uuuuuuuuumu MF 1 m!uuuum@ NRMU 12 t.7 RD -5X DR 1 i� MPC uNTRIMA PD illillillillilllllllllllllllcityii mits o zoo sao Y,oao s �. °, DR -2 NR -1 CIIIIImIIIIIIV RC Feet °" ° " "' °'�' "" °"`"' "` .. Exhibit 5 Annexation Schedule ANNEXATION SUMMARY SCHEDULE A14 -0001 Annexation Tues., May 6, 2014 City Council hears petition to Annex Tues., August 5, 2014 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Service Plan prepared and available for public review. Tues., August 19, 2014 City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. Tues., September 9, 2014 City Council by a four -fifths vote institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sun., September 14, 2014 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tues., October 21, 2014 City Council by a four -fifths vote takes final action. Second reading and adoption of the annexation ordinance. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1st reading). The second reading of the ordinance could be held any time between October 14, 2014 and December 12, 2014. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1st Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. Exhibit 6 Service Analysis Service Analysis A14 -0001 Size - 40.33 acres Location - Northeast of Loop 288 and Mingo Road Proposed Use and Zoning - Single Family Residential, NR -4 and NR -6. Approximately 200 residential units anticipated, 420 -540 new residents NR -2 NFL � NR-3 NR-3 ETJ NFL U mllmo�mir mo„ Vyii��ao °0mi�i Subject Property �.... _. CM-G\\8 _ ..k_... k m +p ....................................................... ............................... ................I T N _ m r EC-1 W X15 R R EG. -�', °fro m I -E Exhibit 6 Service Analysis Exhibit 6 Service Analysis 3. Improvements to the bend in Cooper Creek Road. 4. Ensuring staff student crossing to the adjacent elementary school Are any of these improvements presently scheduled to be done at state or federal expense? If yes, please identify facility and anticipated date improvements will begin. None of these projects are scheduled to be done at state or federal expense. Please list any drainage improvements that may require local funding, and include estimated cost (If no specific improvements can be determined, please make general comments regarding drainage.) Drainage will need to be provided per the standard regulations in the Denton Development Code and Denton Code of Ordinances. There are not major concerns with drainage at this time. Will additional equipment and facilities be needed as a specific result of this annexation and development? If yes, what types? Additional facilities are needed to promote the grow of the area. The developer will need to address the crossing of Windsor over Loop 288. However other improvements will not be provided at this time. Please comment on the cumulative impact of annexation and development: It has already been noted that while the specific area to be annexed does not necessitate the above traffic improvements, they will be requires for build -out of the general area per the existing zoning. Estimated average response time for this area based on current department conditions: Priority 5 minutes Non - Priority 16 minutes Average 8:19 minutes Appropriate average response time in the City based on current department conditions: Priority 5 minutes Non - Priority 16 minutes Average 8:19 minutes If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? If yes, how many and what type? No Will a police substation or other facility be needed to serve this area as a result of annexation and development? If yes, when should the new facilities be operational? No Please comment on the cumulative impact of annexation and development. This development is within the boundary of a current police district and will not require additional resources. At what population level would another police facility be required? N/A Exhibit 6 Service Analysis Is there an accepted facility /equipment to population ratio that can be used for planning purposes? NO Is there an accepted officer to population ratio that can be used for planning purposes? 1 full -time officer per 2,000 new residents. Fire Station that will serve area, name and distance from the property: Station 4, which is 2.5 to 3 miles away from the subject property. Estimated response time: 8 minutes Appropriate response time in the City: 5 minutes Are there currently plans to expand services in the area: There are plans in the CIP to relocate and rebuild Station 4. If annexed, will there be requested in the next CIP facilities to provided service to this area? No. Total estimate for funding equipment, employees and /or facilities needed to serve the area based on the annexation and the proposed development? N/A Please comment on the cumulative impact of annexation and development. At what population would another fire station be required? Based on current population and growth, a fire station is needed to serve the south east portion of the City. Is there an accepted facility /equipment to population ratio that can be used for planning purposes? Is there an accepted fire fighter to population ratio that can be used for planning purposes? The current Strategic Plan, the Department utilized a widely accepted planning tool based on workload for future planning. Please see the attached document for further details. EMS Staff: Laura Behrens Phone: 940 349 -7381 (Note: Please see § 43.053 (t) below for information to be provided) Average dispatch and delivery time: 8 minutes Schedule of equipment, including vehicle: There is currently an engine at Fire Station 4 that will serve as the first responder. Summary of operating and capital expenditures: Based on the projected residential growth, a medic unit would need to be added to Station 4. Currently, the closest front line medic unit would come from Station 1 or Station 5. The cost of adding a new medic crew is estimated at $870,000. This would include 6 new FTE's, an ambulance, equipment, training, and supplies. Additional Comments: With additional growth in the northeast direction is may be desirable to add a ambulance to Fire Station 4 with its relocation and reconstruction. Changes in the connectivity to the loop will influence the preferred location of the new station. While this annexation does not create the entire need for these services, it is part of the overall growth in this sector of the City that does require additional services. Exhibit 6 Service Analysis Staff. Scott Lebsack Phone 940 349 -8069 (Note: Please see § 43.053 (f) below for information to be provided) Is residential solid wastes service available to the proposed area? Yes. What is the estimated cost to provide this area with solid waste service? Please separate equipment from personnel. Residential refuse and recycling carts are provided for weekly collections, ranging in price from $25.00 - $30.90 per month depending on cart size selected. What is the typical revenue collected per household? $26.00 per month for standard carts. Will additional equipment be needed to serve this area if annexed and developed? If yes, please list type and cost. Additional carts will be required, which will come from current inventory. Each cart is purchased for approximately $50.00. Will additional employees be needed to serve this area if annexed and developed? If yes, please list type and cost. No. Please comment on the cumulative impact of annexation and development: Solid Waste services can be provided by added these sites to existing routes. At what population level would additional equipment be required? Not applicable. Is there an acceptable equipment to population ratio that can be used for planning purposes? No Is there an acceptable employee to population ratio that can be used for planning purposes? No PARKS Staff Jim Mays Phone: 940- 349 -7465 (Note: Please see § 43.053 (t) below for information to be provided) What neighborhood park and recreation facilities are currently serving this area or are capable of serving this area if annexed and /or developed? There are no current park facilities that would serve this area. The developer would need to dedicate park land or fees in lieu of parkland as is required by the Denton Development Code. The area is near the Clear Creek nature Preserve but this a regional draw park and does not provide the amenities of a neighborhood park to meet local needs. What projects and or equipment will be needed to adequately serve this area is annexed? Requirements from the Denton Development Code are based on providing and maintaining adequate services. The Park Land Dedication Ordinance applies to developments with residential subdivisions of five (5) dwelling units or more. The Park Land Dedication and Park Development Fees are based on a formula of 2.5 x the number of residential units x 1.8 for multifamily or 2.8 for single family divided by 1000. This figure equals the number of acres that will need to be donated to the city for green space, or a settlement of cash in lieu of land in the amount comparable to that of the appraised valuation of the land developed. A Park Development Fee will be assessed at time of obtaining building permits equal to $187 per multifamily residential unit or $291 per single family unit. Contact Jim Mays in Parks Planning at 940 - 349 -7465 for more details. Education services currently provided by: Strickland Middle School, Ryan High School, Hodge Exhibit 6 Service Analysis Elementary School. Expected student generation: Elementary — 80 students Middle — 34 students High — 36 students If annexed can anticipated service demands be met with using existing materials, facilities and personnel? If not, what will be required? Yes, the annexed area service demands can be met with existing resources. Estimate additional funding needed based on proposed annexation and development No additional funding needed based on this annexation Will projected school taxes from this development provide that additional funding? Residential homes will pay taxes for schools, though they are generally also the heaviest users of school facilities. Please comment on the cumulative impact of annexation and development: As growth continues in Denton ISD area the School District will continue to respond to this growth. The Planning department continues to inform of the school district of incoming residential development proj ects. What is the distance to, location of, and size of the nearest City of Denton electric Line? There are existing overhead DME electric lines on Cooper Creek Road. What type of line and facilities would be required to serve this area? In addition to the existing lines the developer will need to pay for installation of all needed lines and equipment per the DME Electric Service Standards. Are any new facilities proposed for construction to serve this area? In addition to the existing electric lines, new electric utitlity infrastructure to provide electric service to the development will be installed per Denton Municipal Electric Service Standards. Are there any potential responsibilities if this area is annexed? No. Please comment on the cumulative impact of annexation and development: At what population would additional service be required? Service extensions are provided per Denton Municipal Electric Services Standards. Is there an accepted facility /equipment to population ratio that can be used for planning purposes? No. Is there an accepted employee to population ratio that can be used for planning purposes? No. Exhibit 7 Service Plan CITY OF DENTON SERVICE PLAN 2014 Annexation A14 -0001 L AREA ANNEXED The area to be annexed includes approximately 40.33 acres of land contained within the northeastern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation contains one owner and no residents. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; 1 Exhibit 7 Service Plan 2. Pre - hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre - arrival First Aid instructions; 2. Pre - hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste 2 Exhibit 7 Service Plan Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities The proposed annexation area is within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights -of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities The proposed annexation area is within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. 3 Exhibit 7 Service Plan Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and /or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and /or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road /street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. L Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be 0 Exhibit 7 Service Plan maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Exhibit 8 Draft Ordinance s: \legal \our documents \ordinances \14 \a14- 0001.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON ANNEXING 40.33 ACRES OF LAND, MORE OR LESS, GENERALLY LOCATED ON THE WEST SIDE OF COOPER CREEK ROAD, APPROXIMATELY 800 FEET SOUTH OF SILVER DOME ROAD AND APPROXIMATELY 1,800 FEET NORTH OF MINGO ROAD MORE SPECIFICALLY DESCRIBED AND DEPICTED IN EXHIBITS "A" AND "B "; APPROVING A SERVICE PLAN FOR THE SUBJECT PROPERTY AND TEMPORARILY PLACING THE PROPERTY IN THE RURAL RESIDENTIAL — 5 (RD -5) ZONING DISTRICT; PROVIDING FOR A CORRECTION OF THE CITY MAP TO INCLUDE THE ANNEXED LANDS; PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the property owner, Charles Byrom, has petitioned for annexation of the subject property described and depicted in Exhibits "A" and "B ", attached hereto and incorporated herein by reference and; WHEREAS, the property meets criteria of Section 43.028 of the Texas Local Government Code related to petitions for annexation, and; WHEREAS, the City Council accepted the petition to annex and directed staff to proceed with preparing a service plan and annexation of the property after hearing the arguments for and against annexation on May 6, 2014, and; WHEREAS, staff prepared an inventory of existing service and a service plan for the subject property and the service plan is attached as Exhibit "C ", and; WHEREAS, letters of intent to annex were sent to property owners and public and private entities that provide services for the area as required by Section 43.062 of the Texas Local Government Code on July 3, 2014, and; WHEREAS, two public hearing were held with the City Council on August 5, 2014 and August 19, 2014 which were noticed in accordance with Section 43.063, Subchapter C -1, of the Texas Local Government Code, and ; WHEREAS, the City Council found the proposed annexation to be in keeping with The Denton Plan and the generally orderly growth of the City, and; WHEREAS, annexation proceedings were instituted for the property described herein at the City Council Meeting on September 9, 2014, and; WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and thirty days prior to City Council taking final action, as required by the City Charter; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The land described and depicted in Exhibits "A" and "B ", attached hereto and incorporated herein by reference, is annexed to the City of Denton, Texas and the official maps of the City of Denton shall be updated to reflect this annexation. Exhibit 8 Draft Ordinance SECTION 2. The service plan attached as Exhibit "C" and incorporated herein by reference, which provides for the extension of municipal services to the annexed property, is approved as a part of this ordinance. SECTION 3. The property annexed herein is temporarily designated as a Rural Residential 5 (RD -5) zoning district until such time as the property is officially zoned. SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portions of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all of the real property described and depicted in Exhibits "A" and "B" regardless of whether any other part of the described property is hereby effectively annexed to the City if any part of the real property annexed is already within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5. This ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the day of )2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ° �/ Exhibit 8 Draft Ordinance EXHIBIT A Being all that certain tract of land situated in the Thomas H. Living Survey, Abstract Number 729, Denton County, Texas and being all of a tract of land described in the deed to C.L. Byrom and wife, Anita Byrom as recorded in Volume 308, Page 264 of the Deed Records of said County, the subject tract as recognized and occupied on the ground being more particularly described as follows: BEGINNING at a'/2' iron rod found in the East Line of a tract of land described in a deed to Windsor Oaks Residential Trust #59 as recorded in Document Number 2005- 103733, Real Property records of said County. Also being in the South line of a tract of land described in a deed to Edward F. Wolski as recorded in Document Number 2004- 152076, Real Property Records of said County, and the Northwest corner of said Byrom tract; Thence South 88 degrees 42 minutes 55 seconds East with the North line thereof along and near a fence a distance of 1217.92 feet to a bent 1/2" iron rod found in a road under apparent public use posted as Cooper Creek Road for the Northeast corner of said Byrom tract; Thence South 02 degrees 45 minutes 58 seconds West with the East line thereof, along or near the centerline of said road a distance of 1456.94 feet to a 5/8" iron rod found for the Southeast corner of said Byrom tract; Thence North 87 degrees 26 minutes 28 seconds West with the South line thereof, along and near a fence, a distance of 1216.50 feet to a' /2' iron rod found for the Southwest corner of said Byrom tract; Thence North 02 degrees 43 minutes 30 seconds East with the West line thereof, along and near a fence, a distance of 1429.86 feet to the place of beginning and enclosing 40.33 Acres, more or less. Exhibit Draft Ordinance EXHIBIT S —�� _��� „m E, a .»� .. � � . �§ \ - \Q /� �\ ° a �~ . � �y ! . ' z y: nr, ...... . i{/. i ®! : q! _ - - -- g \ � \ \g /,. )_ ƒ \\G) Exhibit 8 Draft Ordinance EXHIBIT C CITY OF DENTON SERVICE PLAN 2014 Annexation A14 -0001 I. AREA ANNEXED The area to be annexed includes approximately 40.33 acres of land contained within the northeastern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation contains one owner and no residents. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: 1. Fire suppression and rescue; Exhibit 8 Draft Ordinance 2. Pre- hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emer2ency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre - arrival First Aid instructions; 2. Pre - hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities Exhibit 8 Draft Ordinance The proposed annexation area is within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights -of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities The proposed annexation area is within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual Exhibit 8 Draft Ordinance program and in accordance with the current policies and procedures defined by the ordinance and /or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and /or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road /street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council Exhibit 8 Draft Ordinance may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com I N71" N File #: S13 -0006, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Planning and Development CM/ ACM: John Cabrales, Jr. Date: August 5, 2014 SUBJECT Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (513 -0006) The Planning and Zoning Commission recommended approval of this request with overlay restrictions (5 -1). BACKGROUND The applicant is requesting an SUP to develop multi - family dwellings on the property. In accordance with Section 35.5.2.2 of the Denton Development Code (DDC), multi - family dwellings are permitted in the NRMU- 12 zoning district with a limitation (L4). This limitation allows multi - family development in the NRMU -12 district only through approval of a SUP; or if the property is developed as a part of a mixed -use development; or is part of a master plan development; or if the property received zoning approval allowing multi - family use within one year prior to effective date of adoption of the limitation; or if the City Council approves a neighborhood (small area) plan. Pursuant to Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms, or can be made to conform through the use of conditions to meet the standards established in the NRMU -12 zoning district. Per Section 35.5.2.1 of the DDC, the NRMU -12 zoning district is within the Neighborhood Residential Land Use category specified in Section 35.5.2.1 of the DDC. Per the DDC, the purpose of the Neighborhood Residential Land Use is to preserve and protect existing neighborhoods and to ensure new developments are compatible with existing land use, patterns, and design standards. Presently, the subject property is vacant. However, the majority of the surrounding properties to the east of the site are zoned Neighborhood Residential 3, and developed as single - family dwellings. The property to the west of the site is designated as Neighborhood Residential Mixed Use 12 (NRMU -12) and developed as multi - family. The multi - family (Primrose Apartment) is located approximately 270 feet west of the subject property and developed for 250 units. There are two zoning designations on the property that directly abuts the southern portion of the site; these are Neighborhood Residential 3, and Neighborhood Residential Mixed Use 12 (NRMU -12). The NRMU -12 section directly abutting the subject property is vacant and is planned to be developed for a city park. The southeastern property abutting the subject site is zoned NR -3 and is developed with single - family dwelling units. City of Denton Page 1 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: S13 -0006, Version: 1 On May 27, 2014, the property owner organized a neighborhood meeting to discuss the subject request with surrounding property owners and residents. Twenty -two (22) residents attended this meeting. Key concerns expressed at the meeting included; increase in storm water runoff coming from the site to adjacent properties, location of dumpster being close to the single - family homes located along the southern boundary of the site, and possible increase of vehicular traffic into the neighborhood. The residents also inquired about the target group that may be leasing the units. A number of residents expressed interest in keeping the property vacant to preserve the presence of an ecosystem on the site. On July 9, 2014 staff met with representatives of Sequoia Park to discuss concerns raised during the Planning and Zoning Commission meeting. Majority of the issues discussed at the meeting related to the poor drainage system within the Sequoia Subdivision. Issues related to traffic calming devices on roads within the subdivision were also discussed. The City's engineering staff informed the representatives that the City will be conducting field studies of the area and work with the neighborhood to address the drainage and vehicular traffic concerns. Eighteen (18) public hearing notices were sent to property owners within 200 feet of the site on May 28, 2014 (See Exhibit 6). Eighty (80) courtesy notices were also sent to residents within five hundred (500) feet of this request on May 28, 2014. As of this writing, staff has received six responses in opposition, one in favor, and one neutral to the notices of public hearing from property owners within 200 feet of the site. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table the item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request subject to the following conditions (5 -1): 1. The property owner shall construct an eight feet high opaque fence along the eastern and southern property boundary. Materials for construction of the fence shall be of masonry or brick. 2. No building shall be constructed, at minimum, within 65 feet of the rear property boundary of the site. 3. The number of tree planting and species shown as Exhibit 8 shall be binding. Any additional tree plantings shall not require an amendment to this Specific Use Permit. 4. A minimum of 100 percent of facade wall area, excluding gable, windows, door, and related trim, for all four sides of each building shall be of faux stones. 5. The proposed development shall not connect to Boyd Street. The Development Review Committee recommends approval of the Specific Use Permit, with conditions. City of Denton Page 2 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl File #: S13 -0006, Version: 1 PRIOR ACTION /REVIEW (Council, Boards, Commissions) At the June 11, 2014 meeting, the Planning and Zoning Commission recommended approval subject to conditions. FISCAL INFORMATION Not Applicable. EXHIBITS 1. Staff Analysis 2. Site Location /Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Letter From Applicant 6. Notification Map and Responses 7. Site Plan 8. Landscape Plan 9. Building Elevations 10. Site Photos 11. Planning and Zoning Commission, June 11, 2014, Meeting Minutes 12. Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development Director Prepared by: Nana Appiah, AICP Planning Supervisor City of Denton Page 3 of 3 Printed on 8/1/2014 pow[ lod by I ogiFfl ar nvl Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P &Z Date: June 11, 2014 TYPE: Specific Use Permit CC Date: August 5, 2014 PROJECT #: 513 -0006 Project Number: 513 -0006 Request: Consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi- family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. Applicant: Steven Homeyer 206 Elm Street, Suite 105 Lewisville, TX 75057 Property Owner: John Porter 1801 Hinkle Drive, Suite 150 Denton, TX 76021 Location: The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Size: 2.30 acres ± Zoning Designation: Neighborhood Residential Mixed Use 12 Future Land Use: Existing Land Use Case Planner: Nana Appiah, AICP DRC Recommendation: The Development Review Committee (DRC) recommends approval of the Specific Use Permit, with conditions. Summary of Analysis: The subject site is located in the Existing Land Use designation within the Denton Future Land Use Plan. Per the Denton Plan, new developments within an existing residential land use category should be developed to be compatible with patterns and designs to the standards established within the neighborhood. In addition, The Plan recommends that the existing residential development within the neighborhood be vigorously protected and preserved. This development is for twenty -seven multi - family units. Approval of this request will not alter the patterns and design standards within the established neighborhood. The property abuts University Drive (US 380) to the north, and will serve as a buffer and transitional use between vehicular traffic noise generated from University Drive (US 380) and the surrounding single - family to the southeast. In addition, the site plan provided shows a landscape buffer along the eastern and southern property boundary of the site. Furthermore, there is an existing multi- family dwellings (Primrose Apartments) development located, approximately 270 feet, west of the subject site. It is staff determination that the proposed request will not be detrimental to the surrounding multi - family development to the west, and single - family homes located south of the site. Per Section 35.13.8 of the DDC, a Type "B" buffer shall be required between the proposed development and the single - family residential dwellings located south and east of the property. Due to a 10 feet public utility easement along the eastern property boundary, the applicant is requesting an alternative buffer and tree plantings along the eastern property boundary. Staff is also recommending construction of an eight feet high opaque fence along the eastern and southern property boundary. In addition, the city's Engineering Department reviewed this request and determined there are adequate water and sewer facilities to service the site and the proposed access to the site is adequate to manage vehicular traffic flow in and out of the site. Pursuant to Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or can be made to conform through the imposition of conditions) to the standards established in the NRMU -12 zoning district for development of a multi - family development. This Section of the DDC also provides standards by which an SUP is granted. Below are staff's analyses of these standards: B. A specific permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed request is for a multi-family development. The request is not out of character with the surrounding residential developments. To the west of the property is a Neighborhood Residential Mixed Use district developed as multi-family dwellings. In addition, the landscape plan submitted with the application shows a buffer on the eastern and southeastern sections of the property abutting adjacent single-family homes. The intent of the buffer is to reduce adverse effects that may come about for locating a multi- family development close to a single-family. Staff is also requesting an eight feet high fence along the eastern and southern property boundary. It is staff determination that location of a multi-family between a Major Arterial Street (US 380) and single-family development is appropriate as the multi family serves as a transition zone between the arterial street and the single-family homes. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP will not impede the normal and orderly development of the surrounding properties. The site abuts residential subdivision (Sequoia Park) to the east and south. This section of Sequoia Park subdivision abutting the subject property is fully developed with single family homes. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage, and other necessary supporting facilities have been evaluated by the DRC and have been deemed adequate to support this use. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The DRC has reviewed the proposed vehicular and pedestrian traffic circulation onto the site and determined it conforms to traffic circulation requirements of the Denton Development Code. The proposed development will have one access onto University Drive. There will also be a sidewalk connecting the development to the future city park located south of the site. The applicant has met the required parking standards as outlined in Subchapter 35.14.4 Parking Standards. Based on the proposed development (See Exhibit 7), forty -nine parking (49) spaces are required. The applicant is proposing to construct sixty (60) parking spaces, which exceeds the required parking spaces by eleven (11). However, the eleven (11) additional spaces will be constructed with pervious materials. Per Section 35.14.4. F of the DDC, any spaces provided over the number of required parking spaces for any development shall be required to be constructed with pervious materials. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur during the construction of the proposed development. However, dust, noise and any vibration associated with the construction of the proposed development will stop once the proposed development is constructed. Section 20 of the City's Nuisance Code Ordinance also requires dust, noise and odor control during construction. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. All new lighting will comply with the standards and regulations under Subchapter 13 in the DDC. This requirement will be met during the platting, construction plan, and building permit approval process. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed development will meet all landscaping and tree preservation regulations under Subchapter 35.13.7, Tree Preservation and Landscape Requirements Standards, in the DDC. In addition, the applicant is proposing to preserve majority of existing trees located along the southern property boundary. C. That adequate capacity of infrastructure can and will be provided to and through the subject property. There will be adequate infrastructure to service the site. According to the City's Engineering Department, water is available from the existing 16 -inch main along Hwy. 380, and sewer is available via the existing 6 -inch gravity main along Boyd Street. In addition, a load analysis will be performed to determine the required service line to provide electrical and /or gas service to the site, if needed. D. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. Surrounding properties abutting the subject site to the east and the southeastern portion are developed as single-family homes. The scale of the proposed multi family is more intense than the property to the southeast. However, developing the subject site for multi- family serves as a transition zone between US 380 and the existing single family homes. In addition, there is a multi family development located to the southwest of the site, approximately 270 feet. This multi family development is developed for 250 units. The proposed twenty -seven multi family units are small in scale in comparison with the adjacent multi family development. The adjacent 250 multi family units are occupied by residents of 50 years and older only. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. The site plan submitted shows one means of ingress and egress to the development. This access is on University Drive. In addition to vehicular traffic access to the site, the site plan show pedestrian walkways in front of the development, along University Drive (US 380). There is also a proposed sidewalk on the south western corner of the site. This sidewalk will connect the property to the future city park, located south of the property. 3. Architectural compatibility with the impact area. Per the City's Geographical Information System, the existing residential subdivision (Sequoia Park) was constructed in 1958. A number of the surrounding single family homes are constructed with wooden fagade. Section 35.13.13.2. B of the DDC requires forty percent of the net exterior wall area of the proposed multi family development, excluding gables, windows, doors and related trim, to be constructed with brick or stone or masonry amount of the building fagade. The proposed elevations conform to this requirement of the DDC. It is staff determination the proposed elevation are not out of character to the surrounding properties. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. There will be dust generating from the site during construction. However, the development is required to comply with Section 35.12. 11 of the DDC. This Section of the Code establishes standards for controlling noise, fumes, and use of odorous materials on property. 5. Generation of noise, light, and glare. Development or operation of the site will be required to comply with Section 35.12. 11 of the DDC. This Section of the DDC regulates noise, light and glare emanating from property. 6. The development of adjacent properties as envisioned in The Denton Plan. Future land use designation on the property to the north, south, east, and west is Existing Land Use. Per the Denton Plan, new developments within an existing residential land use category should be developed to be compatible with patterns and designs to the standards established within the neighborhood. In addition, The Plan recommends that the existing residential development within the neighborhood be vigorously protected and preserved. This development is for twenty -seven multi family units. The approval of this request will not alter the patterns and design standards within the established neighborhood. 7. Other factors found to be relevant to satisfy the requirements of this Chapter. The DRC has considered factors necessary for approval of this site and have deemed the request conforms to all applicable requirements of the DDC. Findings of Fact 1. The request is a Specific Use Permit to allow a twenty -seven unit multi family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. 2. Per Section 35.5.2.2 of the Denton Development Code (DDC), multi family dwellings are permitted in the NRMU -12 zoning district with a limitation (L4). This limitation restricts multi family development in the NRMU -12 district only through approval of a Specific Use Permit (SUP), unless it is developed as apart of a mixed -use development; or is part of a master plan development; or if the property received zoning approval allowing multi family use within one year prior to effective date of adoption of the limitation; or if the city Council approves a neighborhood (small area) plan. 3. The subject site is located within the Existing Land Use future land use category which includes existing residential uses and new infill compatibility. New development should respond to existing development with compatible land uses patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. 4. The request to use the property for multi family dwellings conforms to the goals of the Existing future land use designation. The propose use will not alter the patterns and design standards within the surrounding residential developments. S. The subject site is not located within a Historic or Conservation district. 6. The subject site has vehicular access to University Drive (US 380). University Drive is classified as Primary Major Arterial per the City of Denton Mobility Plan. 7. Anticipated transportation demand is 185 vehicle trips per day. The DRC has determined there is adequate capacity on the road serving the site to accommodate the proposed development. 8. There are no planned public improvements for potable water, sewer, and drainage or transportation facilities serving the subject site. 9. Water to the site is available from the existing 16 -inch main along University Drive (US 380). In addition, a load analysis will be performed to determine the required service line to provide electrical and /or gas service to the site. 10. Projected water demand associated with the proposed multi family development is 25 gallons per minute (peak). There is adequate capacity to service the proposed development. 11. Projected sanitary sewer discharge associated with the proposed development is 15 gallons per minute (peak). There is adequate capacity to service the proposed development. 12. Sewer is available from the existing 6" gravity main along Boyd Street. 13. According to the City of Denton Fire Department, this property will be service by the City's Fire Station 4, located at 2110 E. Sherman Dr, Denton Texas. Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. CONDITIONS OF APPROVAL: Based on the findings -of -fact, the Development Review Committee recommends approval of Specific Use Permit, with conditions: 1. The property owner shall construct an eight feet high opaque fence along the eastern and southern property boundary. Materials for construction of the fence shall be of masonry or brick. 2. No building shall be constructed, at minimum, within 65 feet of the rear property boundary of the site. 3. The number of tree planning and species shown as Exhibit 8 shall be binding. Any additional tree plantings shall not require an amendment to this Specific Use Permit. 4. A minimum of 100 percent of facade wall area, excluding gable, windows, door, and related trim, for all four sides of each building shall be of faux stones. 5. The proposed development shall not connect to Boyd Street. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NRMU -12: NRMU -12: NR -3: Vacant property US 380 /Vacant Property US 380 West: East: NRMU -12: NR -3: US 380 /Vacant property Single - Family Homes Southwest: South: Southeast: NRMU -12: NRMU- 12 /:NR -3 NR -3: Sequoia Park/Multi- Family Single - family Homes Single - family home Development Source: Cio) of Denton Geographical Information System and site visit by Cio) staff Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The subject site is located in the "Existing" future land use designation. Per the Denton Plan, new developments within an existing residential land use category should be developed to be compatible with patterns and designs to the standards established within the neighborhood. In addition, The Plan recommends that the existing residential development within the neighborhood be vigorously protected and preserved. Staff finds use of the property for multi - family dwellings is consistent with the goals of the Comprehensive plan. The proposed twenty -seven multi - family units will not alter the pattern of development of the surrounding residential homes. In addition, it will not impede orderly development of surrounding properties. The proposed development will rather serve as a transition use and buffer to traffic noise emanating from US 380. B. Land Use Analysis: Staff finds this request with recommended conditions of approval compatible with the surrounding land uses. Nearest Elementary, Middle, and High School This development for twenty -seven multi - family units will generate approximately fifteen (15) students. Seven (7) of this students are likely to be of elementary school students. The development will be served by Hodge Elementary school. Nearest Fire and EMS Station This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009 -098, Section 29 -2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Approximate Distance From Name of Station Subject Property Fire Station 44, 2110 Sherman ± 2.6 miles Drive, Denton, TX 76208 This proposed development has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009 -098, Section 29 -2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject Property Estimated Impact Analysis 2.30 f acres Proposed Demand Adequate to Serve (Yes or 27 multi-family units No) Permitted Use 27 multi - family units Yes (SUP) Potable Water 25 (Peak) Yes Consumption (GPM) Wastewater Generation 15 (Peak) Yes (GPM) B. Available Capacity: Water is available from the existing 16 -inch main along Hwy. 380. Sewer is available via the existing 6 -inch gravity main along Boyd Street. These mains have adequate available capacity to serve the proposed development. C. CIP Planned Improvements: There are no planned public improvements for potable water and sewer facilities serving the subject site. Roadways /Transportation Network: A. Estimated Demand: Subject Property Estimated Impact Analysis 2.30 f acres Proposed Demand Adequate to Serve (Yes or 27 multi-family units No) Average Annual 185 Yes Daily Trips (AADT) B. Available Capacity: University Drive serves the subject site and has adequate capacity. C. Roadway Conditions: University Drive is a Primary Major Arterial street. D. CIP Planned Improvements: There are no CIP improvements planned for University Drive. University Drive is a TXDOT owned and maintained roadway. Environmental Conditions: A. Environmentally Sensitive Areas: According to the City's Geographical Information System, the subject site is not within any Environmentally Sensitive Areas (ESAs). Wells (Public /Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: DME facilities will be in the easement on the site. New electric service will be per DME's Electric Service Standard available at www.dmepower.com. Furthermore DME typical development comments for Multi - Family developments are also available at www.dmepower.com. Park Facilities: A Park Development Fee will be assessed at time of obtaining building permits equal to $187 per multifamily residential unit or $291 per single family unit. Exhibit 10 Site Photos ., Exhibit 11 June 11, 2014 P &Z Meeting Minutes WA ., ., 3 Lockley introduced Appiah. Appiah this request is for a Specific Use Perm it (SUP) to allow a 4 twenty -seven unit in ulti- family development on approximately 2.30 acres. The subject site is 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 located at the southeas tern corner of University Drive and Nolen Circle. The site is curren tly zoned Neighborhood Residential Mixed Use 12 (NRMU -12). Appiah provided the proposed site plan and landscape plan, along with the proposed elevations. Staff sent out 18 public hearing notices to property owners within 200 feet of the subject site, and 80 courtesy notices to property owners within 500 feet of the subject site. At this time staff has received four returned responses in opposition of this request, and one returned re sponse in favor of this request. The applicant held a neighborhood in eeting. Some of the cone erns of the citizens are as follows: increase in storm water runoff, location of dumpster close to existing residents, vehicular traffic increas e, target market for units, and opposed to any de velopment of this site. Appiah provided the allowed uses within the NRMU -12 zoning distri ct. Staff recommends appr oval of this request based on the conditions listed in the staff backup materials. Briggle questioned the options fo r turning out of the subject si to onto Highway 3 80 (University Drive). Appiah stated they would have to make a right -turn only; there is a median with room for a U -turn. Appiah added that option is dangerous since this is a busy road. Briggle questioned the quickest way to turn around and get to the downtown square area from Mingo Road. Citizens spoke in and stated Boyd Street is a dead -end road. Briggle stated it is possible for the citizens to cut through the neighborhood to get to Mingo Road. Bentley questioned a d eceleration lane. Appiah deferred to Escobar. Bentley questioned the dumpster location on the property. Appiah stated he has in et with the S olid Waste Department; there was an issue with relocating it, due to the solid waste truck not having enough access to the dumpster. Bentley questioned why the dum pster isn't located further east on the subject site. Appiah stated there is a detention pond on the east side of th e property. Bentley questioned why the dumpster can't be placed in a parking space. Appiah stated the site plan shows more parking spaces than what is requ ired. Briggle questioned a fence at the front of the property to preven t children from running on to University Drive. Appiah stated the only fence staff is recommending is one of the conditions. Appiah added if this Commission feels an addition al fence is necessary and the applicant agrees, then it could be added as an additional condition. Conner questioned without the approval of this SUP; what would be them aximum allowed number of apartments. Appiah stated the density is allowed. Conner questioned the reasoning for the SUP. Appiah stated there is a Limitation four (4) for multi - family dwellings, that requires an SUP to be approved. :l I Reece called Escobar to clarify further on the prope rty access. Escobar stated th ere is a in edian 2 on University Drive with a dedicated lef t -turn lane. Escobar stated the s ite is to potentially 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 generate 190 vehicle trips per day. The applicant is proposing a detention pond on the southeast corner of the subject site. The site naturally drains currently. The applicant is proposing the pond to over contain the drainage concerns. Bentley questioned the deceleration lane; Escobar stated the City and Texas Department of Transportation do not want deceleration lanes. Escobar added the site does not meet the need for a deceleration lane. Briggle questioned the traffic capacity for the Sequoia Park neighborhood. Esc obar stated there are two stre ets that connect University Drive to Mingo Road; those are Redwood Place and Shawnee Street. Steve Homeyer, Homeyer Engineering, P.O. Box 294527, Lewisville, Texas Homeyer stated he met with the neighboring apartment complex several months ago to discuss the detention issues. T heir concern was th e drainage. The proposed detention pond should alleviate those issues; and decreas e approximately 30 to 40 percent of the drainage that is currently an issue. Some of the co ncern from the property owner was the parking lot. The applicant looked at the dum pster location. The site provides a 70 f oot area for the fire lane. The location for the dum pster is needed for the So lid Waste Department and the fire departm ent. Homeyer stated they have spoke n with the Texas Departm ent of Transportation in regards to other access to the site. Since the site is onl y proposed to have 190 vehicles per day, there weren't many options. Hom eyer held a neighbor hood meeting with several different proposed layouts for the subject site. The neighbors didn't want to see the ap artment buildings set close to their properties. Homeyer stated they tried to keep the buildings as far away from the neighbors as possible, this is the reasoning behind the layout. Homeyer stated the property owner is present. John Porter, property owner, 1111 Em erson Lane, Denton, Texas. Porter thanked the neighborhood for their input on th is project during their neighbor hood meetings. Porter stated they have held three neighborhood meetings. Some of the concerns from the neighbors were the drainage. The owners wanted it so that the water off this project is detained and moved on so it doesn't cause excessive flooding for the neighb orhood. The other issue the neighbors had was privacy. Porter stated he offered to constructe d an eight foot fence surrounding the property and contain the trees, as in any of the trees as possibl e on the site. The original proposal for the site was to be a dormitory style single - story, long facility. The neighbors expressed they didn't want to see that. This is the r easoning behind the proposed layout at this time. The structures will be 100 percent masonry. Porter provided a site photo of what the proposed buildings would look like. Porter stated he devel oped a property on University Driv e and Hinkle Drive, behind the existing Chase Bank. The buildings were designed to blend with the neighborhood and buildings. Porter stated that is h is intent for this p roposed development. Porter stated s ome of the neighborhood concerns where the dumpsters near their property, which could cause a lot of odor. Porter's site constructed behind the Chase Bank on University Dr ive has an enclosed dum pster area that has been in place for over three years. Porter stated he hasn't received an y complaints from the neighbors in regards to the dum pster. There would be the dumpster revetm ent and an eight foot privacy fence that would curb and odor from the dumpster. Porter stated this site will be managed and owned by him self and his family members. This is a development that will be well taken care of, and a property to be proud of. Porter stated in regards to the traffic through Redwood Place, he offered to add speed -bumps that were originally I removed. However, the Fire Departm ent doesn't allow speed -bumps in residential areas. The 2 potential residents for these apartm ents would be possible college students, attending Texas 3 Woman's University. This would not be a fully family development; the site isn't large enough 4 for that. Bentley thanked Porter for his work at the University Drive and Hinkle Drive location. 5 6 Briggle questioned a p lace at th e front of th e property to prevent children from running onto 7 University Drive. Porter stated that could be researched, possibly a wrought iron fence. Porter 8 stated he doesn't want to interfere with the trees that are at the front of the property. Porter stated 9 a small fence might help; however, there would have to be an open drive -way. Briggle stated the 10 fence would divert children from running onto University Drive. Reece clarified the percentage 11 proposed for masonry. Porter stated staff requests a minimum of 40 percent masonry (brick and 12 stone materials); however, he is proposing 100 percent masonry. 13 14 Reece read the public hearing cards of the citizens that did not wish to speak on this item: 15 Kim Scott, 1912 Boyd Street, Denton, Texas. Scott stated on her card she is concerned about 16 whatever development goes into this site due to the traffic and the safety of the children as they 17 play and ride their bikes. Scott is opposed. 18 19 Sarah Davis, 1906 Shawnee, Denton, Texas. Davis is opposed. 20 Darrell Barnes, 1815 Creek Ave, Denton, Texas. Barnes is opposed. 21 Taylor Barnes, 1815 Creek Ave, Denton, Texas. Barnes is opposed. 22 Angel Mitchell, 1815 Creek Ave, Denton, Texas. Mitchell is opposed. 23 Barbara Angel, 1904 Redwood, Denton, Texas. Angel is opposed. 24 Gail Enright, 2012 Shawnee St, Denton, Texas. Enright is opposed. Lindsey Crockarell spoke on 25 her behalf. 26 27 Crystal Hausman - Collins, 1902 Boyd Street, Dent on, Texas. Hausman - Collins s tated she is 28 opposed; however, she would consider a mixed business and loft style development. The concern 29 is for the kids and traffic into the Sequoia Park neighborhood. 30 31 Dianne Upchurch, 1400 E. University Drive, #6209, Denton, Texas. Upchurch is concerned 32 about traffic issues to interfere with the Primrose Apartments. Upchurch is opposed. 33 34 Wendy O'Hearn, 1911 Boyd Street, Dent on, Texas. O'Hearn stated she is opposed to the use of 35 the entire green space for the proposed buildings . Specifically, opposed to the placem ent of the 36 dumpsters and lack of buffer between the proposed and existing residence. O'Hearn is opposed. 37 38 Reece called the individuals that did wish to speak on this item. 39 40 Alan Gaskamp, 2007 Boyd Street, De nton, Texas. Gaskamp stated he agrees with the proposed 41 properties use. The proposed use is a good use of the property based on the item itself. Gaskamp 42 stated he is opposed to the use based on the location of the dumpster. Gaskamp stated he doesn't 43 want the dumpster placed at the rear of the property to backup to th e neighbors yards, it will 44 interfere with back yard activities. 45 11 I Lindsey Crockarell, 1900 Boyd Street, Denton, Texas. Crockarell is present to speak on behalf of 2 many of the neighbors. Crockarell received fi fteen minutes to speak on behalf of the 3 neighborhood. There were two previous in eetings held over the last two years. There have been 4 several residents that have com e and gone duri ng that tim e. Crockarell would like another 5 meeting to speak with Porter sin ce there haven't actu ally been three recent in eetings. She 6 referred to the Denton Plan; there are a lot of individuals that don't understand the Denton Plan. 7 A lot of the neighborhood's concer ns are the traffic and safety of the kids in the neighborhood. 8 The speed limit on University Drive is 45 in iles per hour; a lot of indivi duals go approximately 9 65 miles per hour. W ith the proposed developm ent it would be challengi ng for individuals to 10 cross three lanes of traffic. Crockarell stated if the plan is to house college students then the plan 11 and issues haven't been addressed. 12 13 Crockarell stated after the neighboring Prim rose Apartments were constructed it caused a lot of 14 drainage for the neighborhood. The proposed park ing for the developm ent doesn't appear to 15 address the number of individuals and their guests to be stayi ng at the development. Crockarell 16 stated she doesn't want to see overflow parking within their neighborhood. She suggested having 17 less of an apartment structure size and more of a parking lot size. The number of traffic accidents 18 on Mingo Road has increased significantly over the past few years. Crockarell stated Mingo 19 Road isn't developed enough to ha ndle the flow of traffic and ad ditional traffic. There was a 20 mention of adding speed bum ps to the neighbor hood by Mr. Porter; howeve r, that should be a 21 city installment. Crockarell stated she feels an eight foot privacy fence should be installed by Mr. 22 Porter in order to help protect the neighbor hood. The fence should not be constructed of a 23 composite material. 24 25 Alisa Crockarell, daughter of Lindsey Crocka rell, 1900 Boyd Street, Denton, T exas. Alisa 26 Crockarell stated she doesn't want the cars driv ing through the neighborhood. This will affect 27 her being able to ride her bike safely. 28 29 Diana Davis, 1513 Creek Ave, Denton, Texas. Davis stated she is the newest individual to the 30 neighborhood; she purchased her house approxim ately a year ago. There are concerns about the 31 apartment and the tenants. Tenants of an apartm ent are usually less responsible for the property 32 than those that have purchased their property. D avis stated apartments usually bring in a higher 33 crime rate. There will be more crime, littering, loitering, and extra traffic to the area. Since there 34 are no speed bumps on Redwood Lane this will be a higher risk for the children outside playing. 35 Davis stated with the standing water it allows for mosquito breeding. 36 37 Joe B. Moore, 1505 Creek Ave, Denton, Texas. Pe ggy Miller spoke on behalf of Moore. Miller 38 stated the space is limited for the proposal. The elevation of the acreage is about two foot higher 39 than the Moore's residence; their view would then be obstructed from the proposed structure. 40 The proposed structure will impact the privacy the Moore's have on their property. The noise 41 level will increase, and it will interfere with the current trees on the subjec t site. The traffic will 42 increase for the neighborhood in addition to the increase it has already impacted. Miller stated is 43 there really a need for more apartm ents in this area. There is already a large apartm ent complex 44 being constructed on Nottingham Drive. Miller stated they would like a reimbursement for their 45 property if this new development is constructed. 46 I Dave Crockarell, 1900 Boyd Str eet, Denton, Texas. Crockarell thanked the Comm ission and 2 Porter for their time. Crockarell stated he understands Porter ha s the land and his rights to the 3 land. Crockarell stated he hopes the concerns of the ne ighborhood and community can be 4 addressed during the process. The Denton PI an was in entioned, and requested that the 5 thoughtfulness be followed and continued during this process. Crockarell stated the first item 6 provided was the site plan, which the site pl an is not binding. The neighborhood was provided 7 some ideas; however, there were no solid ideas of the development. There is a lot of wild life and 8 green space to the area that would be rem oved with this development. There are a lot of areas 9 that affected by the water runoff. The proposed 27 apartm ent units will tie into the s ame sewage 10 that runs through the existing neighborhood, which uses an eight inch pipe. Crockarell requested 11 more information for the utilities and how they would be handled with this development. 12 13 Greta Adams, 1518 Seminole Ave, Denton, Texas. Adams stated Lindsey Crockarell spoke on 14 her behalf already. 15 16 Stephanie Mayfield, 2005 Redwood Place, Denton, Texas. Mayfield thanked staff for their work 17 on this project. The proposed developm ent should be compatible with the surrounding area. 18 Mayfield stated Denton Central Appraisal District has the property listed as 2.1 acres and not 2.3 19 like the staff backup provides. These apartm ents will bring new residents approximately every 20 six to twelve months to the area. 21 22 Karen Egstrom, 1514 Choctaw, Denton, Texas. Egstrom stated the Denton Plan is a lot of good 23 work. Egstrom stated between the development of the Denton Bible C hurch, the apartments on 24 Nottingham Drive, and Hwy 380, this neig hborhood is going to be surrounded by in ega 25 developments. There isn't any diversity that this neighborhood needs. There are som e good 26 restaurants in the area that have b een there for a while. T here are not any resou rces that th e 27 community could use on a daily basis. The issues are the additional sewage to take on, the speed 28 limit, speed bumps, and additional traffic. Egstrom stated this neighbo rhood is a "Leave it to 29 Beaver" neighborhood. Egstrom would like this Commission to consider all of these concerns. 30 31 John Rickerson, 1812 Boyd Street, De nton, Texas. Rickerson stated he has lived at his property 32 for six years, by him self. It has been a pl easure to see the younger individuals in the 33 neighborhood. There are a lot of kids that play around in the neighborhood and people drive 34 through the neighborhood at an exce ssive speed. There is also a pot ential traffic now of people 35 cutting through the nei ghborhood. If this request is approv ed this neighborhood needs to be 36 protected from the traffic. 37 38 Rye Scott, 1912 W ood Street, Denton, Texas. Scott stated he feels the traffic is an issue to the 39 neighborhood. There are a lot of kids that play in the nei ghborhood outside and it would be 40 unsafe for those children to play in the ne ighborhood. The proposed developm ent would add a 41 lot more people around to the area. There are a lot of elderly individuals that walk the 42 neighborhood exercising. 43 44 There was no one else to speak on this item. Reece closed the Public Hearing. 45 E3 I Taylor stated there are a lot of traffic and dr ainage issues. Taylor qu estioned if there is a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 floodplain in the Sequoia Park neighborhood. Escobar stated the issue is an existing creek to the east. Escobar stated the devel opment that came in was done pr for to the update to the Denton Development Code. This is why there is a dete ntion pond on the apartment complex site. Taylor questioned if future developm ents will address the drainage issues; Escobar stated no. Taylor stated standing water usually gathers mosquitoes; Taylor questioned how long the standing water usually settles for. Escobar stated the water can be there for 24 hours. Taylor questioned the reasoning behind the drainage issues on the prope rty. Escobar stated they are un aware of the cause of the drainage issues. Taylor stated speed bumps are no longer preferred in residentia 1 areas, due to the am bulance access. Taylor questioned other options to help the flow and speed of traffic in the neighborhood. Escobar stated the street could be narrowed to require the indivi duals to drive slower. Taylor questioned how the traffic study was com pleted, if it was based on student housing. Escobar stated there hasn't been a in anual developed based on student housing. The form ula was developed based on two - bedrooms and uses it for the equivalent for apartments. Bentley commended Porter on his work for this de velopment and previous developments within the City. There have been a lot of concerns, some are leg it and some are in ore fears of th e neighbors. Bentley questioned Porter if this Commission should in ove forward with a vote on this item, or motion to table the item to a date certain to allow time to meet with the neighbors more recently than the previ ous neighborhood in eetings that have occurred. Porter stated he agrees with a lot of the comments, and does understa nd the fears. Porter stated he is meeting the standard requirements for the developm ent. The neighborhood wants to see the green space remain in place. Porter stated he is ready to move forward with this project. The rev etment and fencing for the dum pster will help project th e concerns of the s mell. The layout of the development has been moved ar ound to see which layout work s best for the property and everyone's needs. There are a lot worse developm ents that could be placed on this land. Conner questioned how long Porter has owned the property, Porter stated two years. Bentley questioned staff, if Port er abandons the property down th e road, are there any in eans to use the tree fund to purchase th e property. Lockley stated sta ff is working on the process to purchase heavily treed land; staff is not at a point to do so at this time. Briggle questioned if there has been any conversations with th e neighborhood about alternative development. Porter stated other approved uses that could go on the site wouldn't require a specific use permit. There could be a cafe with a fenced in playground area. Porter stated that wouldn't be a permitted use, but might be abetter use. Briggle questioned something else that would be better for the community, som ething that wouldn't bring a lot of traffic to the area. Porter stated he feels other uses would bring in a lot of traffic as well. This proposal is what Porter would like to do. Bentley stated this is a tough case to hear, considering the development and the neighbors feedback. Bentley stated Porter has asked us to go forward, instead of postpone for in ore neighborhood meeting. This is a recommendation to City Council, and th en City Council can make the final decision. 2 Bentley stated he would like to m otion for approve this request based on staff s conditions with 3 two changes: Change 1: rem oval of the word composite. Change 2, Condition 4 should be a 4 minimum of 100 percent and not 40 percent. Taylor stated and the proposed developm ent shall 5 not connect to Boyd Street, Bentley accepted the amendment to the motion. 7 Commissioner Brian Bentley m otioned, Commissioner Devin Taylor seconded to approve this 8 request based on staff s conditions with the following amendments: 1. The property owner shall 9 construct an eight feet high opaque fence al ong the eastern and southern property boundary. 10 Materials for construction of the fence shall be of m asonry, brick, or eempesite materials. 2. No 11 building shall be constructed, at m inimum, within 65 feet of the rear property boundary of the 12 site. 3. The number of trees plantings and species shown as Exhibit 8 of the staff report shall be 13 binding. Any additional tree plantings shall not re quire an am endment to this S pecific Use 14 Permit. 4. A minimum of 40 100 percent of facade wall area, excluding gables, windows, doors, 15 and related trim, for all four sides of each bui Wings shall be of faux stones. 5. Th e proposed 16 development shall not connect to Boyd Street. Motion approved (5 -1). 17 18 19 Lockley introduced Appiah. Appiah stated the entire site is being used by Atmos Energy for their 20 gas well storage. The reason for the communication tower is to f acilitate the information back 21 and forth in case there is an issue with the to lephone lines. This is their efficient source of 22 communication. Site plan provided with the locati on of the tower. Appiah provided a site plan 23 and site photos indicating where the communications tower would be placed on the site. There is 24 nothing within the im mediate vicinity of the site besides a house. Staff sent out three Public 25 Hearing notices to property owners within 200 feet of the subject site, and three courtesy notices 26 to property owner within 500 feet of the subjec t site. At this tim e staff has not received any 27 returned responses. A neighborhood m eeting was held on May 27, 2014, there was no one that 28 attended the m eeting. The Deve lopment Review Comm ittee recommends approval of this 29 request, based on the following conditions: 1. The site plan as submitted and shown as Exhibit 7 30 of the staff report shall guide the developm ent of the telecommunication tower on the subject 31 site. 2. The elevations plan subm itted and shown as Exhibit 8 of the staf f report shall guide 32 development of the to wer. The to wer shall n of exceed 165 feet in height as s hown in the 33 elevation plan. 3. The applieant —shall seastpdetevergr-eea hedge of si�Efeet in height ar-e 34 Appiah stated the third comment has been struck 35 through since this is a basic requirem ent of the Denton Developm ent Code. This condition 36 doesn't have to be put as a condition, it has to be met. 37 38 10 Exhibit 12 sAlegal \our documents \ordinances \14 \s 13- 0006.docx Ordinance PI D_I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A SPECIFIC USE PERMIT TO ALLOW A TWENTY -SEVEN UNIT MULTI - FAMILY DEVELOPMENT ON APPROXIMATELY 2.30 ACRES WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) ZONING DISTRICT; THE SUBJECT PROPERTY IS GENERALLY LOCATED AT THE SOUTHEASTERN CORNER OF UNIVERSITY DRIVE AND NOLEN CIRCLE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY, AND AN EFFECTIVE DATE. (S 13 -0006) WHEREAS, Mr. Steven Homeyer, on behalf Mr. John Porter, has applied for a Specific Use Permit to allow the development of twenty -seven multi - family units on a property located in a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning and use district on approximately 2.30 acres and legally described in Exhibit "A ", attached hereto and incorporated herein by reference (the Property); and WHEREAS, on June 11, 2014, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the Specific Use permit with conditions of approval; and WHEREAS, on August 5, 2014, the City Council concluded a public hearing as required by law and finds that the Specific Use Permit is consistent with the Denton Plan and the Development Code; 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 and found to be true. SECTION 2. A Specific Use Permit for the development of twenty -seven units of multi- family on the Property is hereby approved, subject to the following conditions: 1. The property owner shall construct an eight feet high opaque fence along the eastern and southern property boundary. Materials for construction of the fence shall be of masonry or brick. 2. No building shall be constructed, at minimum, within 65 feet of the rear property boundary of the site. 3. The number of tree plantings and species shown on Exhibit "B" shall be binding. Any additional tree plantings shall not require an amendment to this Specific Use Permit. 4. A minimum of 100 percent of fayade wall area, excluding gable, windows, door, and related trim, for all four sides of each building shall be of faux stones. 5. The proposed development shall not connect to Boyd Street. sAlegal \our documents \ordinances \14 \s 13- 0006.docx 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. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 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 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 )2014. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY M. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: s: \legal \our documents \ordinances \14 \s13- 0006.docx EXHIBIT A LEGAL DESCRIPTION WHEREAS John R. Porter is the owner of all of a called 2.304 acre tract of land situated in the J.D. Lilly Survey, Abstract Number 762, in the City of Denton, Denton County, Texas, as recorded as recorded in County Clerk's File Number 2012 - 118107 of the Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows; BEGINNING at a TXDOT right -of -way monument found in the Southeast right -of -way line of US Highway 380 East (aka University Drive), for the most Westerly corner of the herein described tract and the most Westerly corner of said Porter tract; THENCE North 70 degrees 13 minutes 17 seconds East with the Southeast line of said Drive and the Northwest line of said Porter tract, a distance of 795.68 feet to a 5/8" iron rod found for an angle point in said line; THENCE North 75 degrees 08 minutes 50 seconds East with the Southeast line of said Drive and the Northeast line of said Porter tract, a distance of 7.81 feet to a TXDOT right -of -way monument found for the Northeast corner thereof; THENCE South 00 degrees 08 minutes 41 seconds East with the East line of said Porter tract, a distance of 264.37 feet to a capped iron rod found stamped "KERN" for the Southeast thereof; THENCE South 89 degrees 28 minutes 46 seconds West with the South line of said Porter tract, a distance of 756.98 feet to the PLACE OF BEGINNING and enclosing 2.30 acres of land more or less. s:\Iegal\our docuineiits\ordinaiiees\14\s13-0006.docx EXHIBIT B Landscape Plan --------- - w w uj LU WE" w 77 o 1 1z w ii SHEET NO LP1 Exhibit 2 Site Location /Aerial Map Exhibit 3 Zoning Map Exhibit 4 Future Land Use Map TO: Nikole Chew-Jones, City of Denton FROM: Steven R. Homeyer, P DATE: August 30, 2013 SIBJECT: Specific University Apartment Addition Homeyer Engineering, Inc. is submitting the specific use permit for a multifamily development on the subject property located at 1410 East University Drive. The proposed development will consist of 27 units situated on 2.30 acres. The proposed public improvements consist of water and sewer services as well as public sidewalks, and a fire lane that will intersect with the existing six-lane University Drive. Please let me know if you have any questions or comments regarding the proposed development of this property. PHONE: 972-906-9985 P.O. Box 294527, LEWISVILLE, TEXAS, 75029 FAX: 972-906-9987 Exhibit 6 Notification Map and Responses Legend N � e Neutral SelectedParcels Opposed 500ft W E ct1mom ,�I 200ft �� II a Centerline S dd'ullm Hreng q' vpArt _-im c,�wt6:• r,N o so 120 zao , " °'" �D E �. 1 Parcels Feer . 0 0 U KAVEWOOD LADRELWOOD �9L F� 00 O 111111111111111111111111111111 GREENWOOD MANUMINNIMI ������IIIIIIIIIII� 09LO If EENWOOD �� 10 � 000000� 000000 ❑ Imin s �9 0 O 2FP w O IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII \�J II VI II III III J E RS N \ V I V I I V I V I I V I V III I I V I II I I V I V I I V I VI I V I V I I V VI VI VI ul U II II I VI II I II I I V I II I I V I V I IV I V I I V I V I II I I V I II II V I V I I V I V I I V I V I III I S \ � Y IV VI III I III UNN E R PALMWOOD IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I CHEROKEE O Amy A iiiiiiiiiiiiiiijilillIIIIIIIIIIIIIIII O 0 0 CREEK O IIIIIIIII IIIII� 1111111111111111110 I� 000/ IIIIIIIIIWN, mlllllllllllllllllllllllllll�lllllllllllll Iillllllllllllllll11101111111111111110111111111111111011111111IIIIIIIIIIIIIIIIIiiiiii1immmIlIllIIllmmlllllllllllllllll11111111011111111 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINWEolillillillillillillI II IIIIIIIIIIIIIIII A111111111111111111111 IIIIIIIIIIIIIII�IIIIIIIIIII m CHOCTAW Legend N � e Neutral SelectedParcels Opposed 500ft W E ct1mom ,�I 200ft �� II a Centerline S dd'ullm Hreng q' vpArt _-im c,�wt6:• r,N o so 120 zao , " °'" �D E �. 1 Parcels Feer . NOTICE OF PUBLIC HEARING Specific Use Permit (S13 -0006) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 11, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Please refer to the City's website (see link below) for staff's analysis and report. The staff report will be posted on Friday, June 6, 2014: The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. (In favor of request) Please circle one: (Neutral to request) (Opposed to request) Signature: ,, ="... _...... .............._ Printed Name: Mailing Address: % 9 City, State Zip; rCl:0 i. ��► .. ......w..0 � .� ................_............ Telephone Number: IT mmmmmmm R' 0 -- 38 c.2 —a N 4 4 Email Physical Address of Property within 200 feet: 0 CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 NOTICE OF PUBLIC HEARING Specific Use Permit (S13 -0006) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 11, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Please refer to the City's website (see link below) for staff's analysis and report. The staff report will be posted on Friday, June 6, 2014: � o . _ iu � °i�� �������.t���l x��� .��t���t�- ���niuteS.v.i...eoS The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: (In favor of request) (Neutral to request) (Opposed to request) Reasons for Opposition '- C o,._Cevz.n.S o.F ............. kowu Ik'l.' o F jlR v_eS s I(v_"As 6 -1,0 TP-APF ,_ � -r•� nom,.!�.b�✓� howl s i f� n� " t,J � �, �V ; �� "'� _ - � + ,� �.� .ter.. . �,�1# � q �...� ........ ""� � � P�+�. ��. � ,�'�u• �� � `�r� " ��, , � Signature: Printed Name: b t , V1 0 Mailing Address: 15"0 City, State Zip: fie., 1\ A-10 vi Telephone Number: q L(� s 3 q 9- -7-1 ` _._. 06-11-1012:06 R C V D Email k Z) Physical Address of Property within 200 feet:. _J -Goy CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 rr�u E YL/ /"tih,r -; , NOTICE OF PUBLIC HEARING Specific Use Permit (S13 -0006) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 11, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Please refer to the City's website (see link below) for staff's analysis and report. The staff report will be posted on Friday, June 6, 2014: hltr):// www .ciiyofdenton.com /t;overnnient /city- council /city- council - agendas- niintites- videos The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you .feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. (In favor of request Reasons or ) �-TIEV ,..... W J Lt M Signature: Please circle one: (Neutral to request) (Opposed to request) Printed Name: 14 N (�_, - U-1-AC- t ., Mailing Address: H i s v N , 7?�_ 76 2-©� City, State Zip: Telephone Number: t Email Physical Address of Property within 200 feet: 1 mmmmmmm ....._.._.. CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 ;,,7 �1 r NOTICE OF PUBLIC HEARING Specific Use Permit (S13 -0006) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 11, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Please refer to the City's website (see link below) for staff's analysis and report. The staff report will be posted on Friday, June 6, 2014: .... �. 7 .„_.._..a.., mi 7 . ,,._... iti . s http: www�cityof enlon.��om /�,overnment c�ty- council city coonc� maven �5 minutes -v� eo, The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) .feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: ( In favor of re q uest ) ( Neutral to re q uest ) 1/� pp s ed t o req uest) Reasons for Opposition: (—r ) W uV k� dlk, 16 , r Signature Printed Name: � ,'+, Mailing Address: ".�,° - ," - City, State Zi Telephone Number: `V_ r Email Physical Address of Property within 200 feet:,d_..��� CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 .. !) ". Jun.04.2012 01:30 AM IDtags Group 940 343 9218 PAGE. 1/ 1 NOTICE OF PUBLIC HEARING Specific Use Permit (S13-0006) The Planning and Zoning Commission of the City of Denton wilt hold a ptiblic hearing on Wednesday, Julie 119 201.4, and consider making a recominendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi-family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 1.2 (NRMU-12) zoning district. The. subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Please refer to the City's website (see link below) for staff's analysis and report. The staff report will be pg ot ed oil Fridune 6, 014: w!-/LWWe K. wmlt�n� il j& - — Pjlh)— ... _! 11c The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 21.5 E. McKinney Street, Denton, Texas, Because you own properly within two hundred (200) feet raj' the subject property, the Planning, nand' Zoning Commission would like to hear how you ,feel about this request and inv'ite• you to attend the public hearing. Please, irk order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 762011 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: (In favor of request) (Neutral to request) 00� request) Reasons for Opposition: YA (I il W-C 01 �7)r' 1­1 r fD ji eltl L L0_ r.1 Signature: . ...... Printed Name: on. 2 Mailing Address: c T1)0,a-Icl st� C, City, State Zip . . .. ...... L 9 Telephone Number: t I c C 2 Email coll tv� i) 60� cd'joc C cm I \,J J e"t-1 0 Physical Address of Property within 200 feet: B CITY OF DENTON, TEXAS CITY HALL WEST D5NTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 2100, FIAZ Nolicp NOTICE OF PUBLIC HEARING Specific Use Permit (S13 -0006) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 11, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Please refer to the City's website (see link below) for staff's analysis and report. The staff report will be posted on Friday, June 6, 2014: 111th :,A, Avw a ley )(pl lr "ctIy- councils "coil ° Coli nc, i -a ewMa�m�as- I,ni1111tos vwdC_o The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one:� (In favor of request) (Neutral to request) (Opposed to reclt.jest' Reasons for Opposition: / .. Mailing Address: al_ � ,"� ` ` �.-.. � /"� .. City, State Z'Zp: Telephone Nuniber: . ..... ? Email - m Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 200 P &Z Notice NOTICE OF PUBLIC HEARING Specific Use Permit (S13 -0006) The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 11, 2014, and consider making a recommendation to City Council regarding a Specific Use Permit (SUP) to allow a twenty -seven (27) unit multi - family development on approximately 2.30 acres within a Neighborhood Residential Mixed Use 12 (NRMU -12) zoning district. The subject property is generally located at the southeastern corner of University Drive and Nolen Circle. Please refer to the City's website (see link below) for staff s analysis and report. The staff report will be posted on Friday, June 6, 2014: iii, / /�!v�rt�! a��li��;;, ��t ��ur_ a�° ��w��Jtp���c� °r'�r�����tlt�°�q_ � arr,ubt� �Il� tt, ���CAU7c.,il ��, �k��cla��- r�ait]�z��.;,- •yi�8c���. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in- person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Nana Appiah, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: ° (In favor of request) (Neutral to request) ' ppssed to request Reasons for 1 � ppcsitioll: W 4, Y . e Signature, "" Printed Name:.'''w .mm..... wn � a Mailing Address: City, State Zi p„�(�^ 1 ... Telephone Number: Emaila. ^4;u� Physical Address of Property within 200 feet: -S61(VA ­Cl- CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 JUNE 11, 2014 TO: The Planning and Zoning Commission of the City of Denton FROM: Stephanie Mayfield, residence 2005 Redwood Place and concerned citizen SUBJECT: The proposed development in our established neighborhood shall be compatible and not injurious to the surrounding area, (DCP). This is my main opposition regarding a Specific Use Permit (SUP) to the development of a twenty -seven (27) unit multi - family apartment complex within a Neighborhood Residential Mixed Use (NRMU -12) zoning district. According to Denton Central Appraisal District, an online public record, this property is listed as 2.1 acres and not 2.3 acres stated in P &Z's proposal. "Denton has experienced firsthand the detrimental effects of high- density development that have caused resident concern." (DCP) Our established neighborhood asks the City to keep their vision, as stated throughout the City of Denton Management Plan, as they move forward with ALL future developments in our neighborhood. Technically, the proposed development meets all current P &Z regulations. However, this proposal does not take into consideration that excess runoff being piped from detention area, out to the storm drains located on 380; reenter into our neighborhood at the box culverts located just east of Redwood. BACKGROUND: We have lived in our home for 10 years and 8 months. There are neighbors who have lived here since the neighborhood was established in 1956. This proposed development, or any development on this land, will bring in an unfamiliar resident base with our surrounding families every 6 to 12 months. The safety and integrity of our neighborhood is at stake. The neighborhood, collectively as a whole, wants to preserve and protect our residents as well as our investments. We are the experts of our neighborhood. There is no formula that can be calculated to give a true answer to the impact that this development or the future development of their (Porter Investments) property located across the highway will have to our neighborhood. If the City continues to allow the green spaces in our neighborhood and surrounding neighborhoods to be developed, then City has a responsibility to our established neighborhood to bring Sequoia Park up to current developing standards. Further negligence will only lead to the degradation of Sequoia Park. CURRENT PROBLEMS: 1. Traffic; both entering and exiting Sequoia Park, University and Mingo 2. Safety; for the children and ALL residents 3. Drainage; creek unmaintained, no storm drains, broken down roads holding water 4. Sewage; clay pipes and their condition, sink holes 5. Built on grid system; no traffic calming devices on Redwood and inadequate traffic calming devices on Boyd and Shawnee 6. Flooding; yards and creek: spilling over into our homes POTENTIAL PROBLEMS: 1. Increase of traffic; both entering and exiting our neighborhood, Redwood becoming a through street 2. Safety; neighborhood streets becoming too busy for safe living of residents 3. Increased amount of Drainage; no storm drains, broken down roads holding water, creek unmaintained, overall increase of problems 4. Sewage; more sink holes due to clay pipes and over all failure to system due to capacity condition (clay pipes) S. Grid system design allows Redwood to be a natural cut through for undesired traffic 6. Increased flooding into our yards and homes (in certain cases) The proposed development has the potential to degrade the quality of our neighborhood. Developing apartments in our established neighborhood will encourage them to turn into transient areas rather than developing generations of families who will maintain strong ties to the city. Xtl! L9BB- 90� -ZLfi 3NGMd 5988- 90B -ZLB SVX31 'LLNnoo NO1N3O fiZOSL 9b'X31 3�1IA91M31 LZSbfi. 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