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September 16, 2014 Agenda
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA14-0005,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT Receiveareport,holdadiscussionandgivestaffdirectionregardingthehistoryandcurrentstatusoftheTree Code, Tree Fund, and Tree Trusts; and Urban Forestry Ecosystem A BACKGROUND ThepurposeofthisdiscussionistoprovideabriefhistoryandthestatusofamendmentstotheTreeTrusts optionwithintheTreeCodeandtorequestCouncildirectiononproceedingwiththeamendmentsandtheuse ofacitizencommitteeintheestablishmentofcriteriafortheuseofTreeFunds,asdirectedbytheprevious Council.StaffwillalsopresentpossibleusesofTreeFunds.Moreover,staffwillrequestCouncildirectionon the timing of the rewrite of the Tree Code. Tree Preservation and Landscape Requirements WithinSubchapter13oftheDentonDevelopmentCodeistheTreePreservationandLandscapeRequirements ormorecommonlyknownastheTreeCode.Adoptedin2004,thepurposeoftheseregulationsistopromote thepreservationoftrees,treestands,includingbutnotlimitedtoremnantsoftheCrossTimbersForestand existingtreecanopy,toprotecttreesduringconstruction,tofacilitatesitedesignandconstructionthat contribute to the long term viability of existing trees. Sinceitsadoption,theTreeCodehasbeenreviewedandevaluatedtonotonlyensuretreepreservationbutalso toensurethatitisnotanimpedimenttoqualitydevelopment.AlthoughthepurposeoftheTreeCodeis preservation,ifpreservationcannotbereasonablyachievedduringdevelopment,redevelopment,or construction,theregulationsallowfortheremovaloftreestovaryingdegreesbasedonlotsizeandtreetype. Tolessentheimpactoftreeremovalontheexistingtreecanopyandpreventtheuntimelyandindiscriminate removal or destruction of trees, mitigation may be provided in s TreePlanting-thereplacementoftreesonsiteduetotreeremoval,ataratiodeterminedbythe TreeCodebasedonthetypeoftreetobemitigated(i.e.,historictree,protectedtree,qualitytree,or secondary tree) TreeFund-paymentintotheTreeFundattherate$125/percaliperinchwhichmaybeusedto purchase,plantandmaintaintreesonpublicproperty,topreservewoodedpropertythatremainsina naturalisticstateinperpetuity,toperformandmaintainacity-widetreeinventoryandtoeducate City of DentonPage 1 of 4Printed on 9/12/2014 powered by Legistar" File #:DCA14-0005,Version:1 citizensanddevelopersonthebenefitsandvalueoftrees.AsofSeptember1,2014,thereis approximately $2,082,078 in the Tree Fund. TreeTrusts-Althoughtheguidelinesforimplementationofthisoptiondonotexist,treetrustsare designedtopreserveCrossTimbersForestsofnolessthanoneacre.Apermanenteasementis placedoverthepropertytolimitlanddisturbingactivityandfloodplains,wetlands,andriparian areas are ineligible for Tree Trusts. Limited to Brief History InNovember2007,theCityinitiatedareviewoftheSubchapter13regardingtreepreservationandmitigation andforapproximatelytwoyearsstaffmettheCommitteeontheEnvironment(COE)andthePlanningand ZoningCommission(PZ)todraftappropriatestandardsforthepreservationoftrees.However,afterfailingto reachaconsensusonmostoftheproposedrevisions,staffceasedthereviewduetochangesinmembershipon the COE and PZ to focus on issues within the development review InanattempttorevisittheissuesregardingtheTreeCode,onOctober16,2012andFebruary5,2013,staff proposedaplantoCounciltoamendtheTreeCodefollowingthedevelopmentandimplementationofTree TrustsandthedevelopmentofcriteriaforuseofTreeFundsintheacquisitionofpropertythatcontain characteristicsofCrossTimbersForest.AlthoughTreeTrustsareanoptioncurrentlywithintheDenton DevelopmentCode(DDC),therearenoguidelinesorstandardsforimplementation.Staffcontinuouslyreceives questionsfromthedevelopmentcommunityonthisoptionanddesirestoimplementstandardstofacilitateTree Trust in the preservation of remnants of Cross Timbers Forest. AspartofthedevelopmentofcriteriaforuseofTreeFundsintheacquisitionofpropertythatcontain characteristicsofCrossTimbersForest,CouncildirectedstafftoestablishatreecommitteemadeupofCouncil appointmentstoprovidefeedbackanddirectionrelatingtothepotentialacquisitionofprivateproperty.During thesediscussions,staffvoicedsomeconcernswiththeuseofthecommitteeforthispurposeduetothe acquisitionofprivatepropertyandthepotentialtoartificiallyinflatethepriceorsteertheCitytoacquire certainpropertiesoverothers.Followingthesediscussions,staffwasdirectedtoproceedwiththese amendmentsasproposedandreturntoCounciltoprovideupdates.Sincethen,staffhascontractedwithDavey Consultantstoworkwithstaffindevelopingthisoptionandtherespectivecriteria..DaveyConsultantsis currentlyonphase3ofa5phaseprocessforTreeTrusts.Uponcompletionofthiscontractstaffwillpreparea scopeandscheduleforCouncilconsiderationandtheuseofacitizenscommitteetodevelopcriteriaand/or specificprojectsforuseofTreeFundsinthepotentialacquisitionofpropertyandfurtherpubliceducationon urban forestry. AsstaffprogresseswiththedevelopmentofTreeTrustsandtransitionsintodevelopingcriteriafortheuseof TreeFunds,andbeforetheinitiationofsubstantiveamendmentstotheTreeCode,staffrequeststheuseofTree FunddollarstocompleteanUrbanForestryEcosystemAssessmentandCanopyAnalysistoestablishbaseline data (ex. our tree species composition) for moving forward with AspreviouslynotedthepurposeoftheTreeFundistopurchase,plantandmaintaintreesonpublicproperty,to preservewoodedpropertythatremainsinanaturalisticstateinperpetuity,toperformandmaintainacity-wide treeinventoryandtoeducatecitizensanddevelopersonthebenefitsandvalueoftrees.Theassessmentwill providetheCitybaselinedatarelatingtoacitywidetreeinventorythatiscurrentlyunknown,butinvaluablein theestablishmentofcitywidegoalsandobjectivesfortheTreeCode.AttachedasExhibit3and4aresomekey City of DentonPage 2 of 4Printed on 9/12/2014 powered by Legistar" File #:DCA14-0005,Version:1 findingsandasummaryofinformationfromexamplesofanUrbanForestryEcosystemAssessmentforthe Cities of Arlington and Mesquite, Texas prepared by Preservation Thepurposeoftheassessmentistoprovidebaselinedataontheexistingurbanforestryinfrastructure(i.e., numberoftrees,percentoftreecover,andtreetype).ThisinformationiskeyinunderstandingwheretheCity existsandaidsindevelopingstrategiestoachieverealisticdetailedtreepreservationandtreecanopygoalsby areas within the city and citywide, before initiating the Tree C TheproposedapproachcompletestheworkoftheDaveyContract,whileconcurrentlystudyingandassessing thevalueoftreesinDenton,workingwithstakeholderstocollaborateandpartnerongoal-setting,andthen concludingwithassociatedordinanceupdates.Thisprocesswouldensurethattheordinanceupdateswould comefromaninformedperspectiveutilizingtheresultsofthestudy,validatedandcreatedbasedonfocused andspecificcommunityandstakeholderfeedback,andfurtherrefinedbystaffstechnicalexpertise.Thereare otherareaswhereTreeFundscanbeutilizedthatstaffwillpresentforconsiderationduringtheworksession that includes partnerships with Denton Independent School Distri OnNovember4,2013,StaffpresentedaprioritizationofprojectsforCounciltoconsiderbythePlanningand DevelopmentDepartment.Duringthatdiscussion,staffpresentedtheupdatetotheTreeCodeasa2014 project,shouldCouncildirectstafftoamendthisprioritizationoftheTreeCode,staffispreparedtodiscussed duringtheworksession..Staffhaspreparedaschedule(Exhibit1)forcompletionoftheseDenton DevelopmentCodeamendmentsincludingtheredraftoftheTreeCodeutilizingthedataderivedfromthe proposedUrbanForestryEcosystemAssessmentandCanopyAnalysis.Thescheduleproposescompletionof theexistingDaveyContract,preparationofaUrbanForestryAssessmentandCanopyAnalysis(whichmaybe completed concurrently), Pre-Planning/Stakeholder Engagement and RECOMMENDATION Staff recommends proceeding with the scheduled as proposed in Ex PRIOR ACTION/REVIEW: January 7, 2008Committee on the Environment Meeting and first public meeting February 4, 2008Committee on the Environment Meeting and second meeting April 3, 2008Third public meeting July 14, 2008Committee on the Environment Meeting July 23, 2008Planning and Zoning Work Session August 13, 2008Planning and Zoning Work Session November 5, 2008Planning and Zoning Work Session November 19, 2008Planning and Zoning Work Session December 10, 2008Planning and Zoning Work Session January 7, 2009Planning and Zoning Work Session January 21, 2009Planning and Zoning Work Session February 4, 2009Planning and Zoning Work Session February 18, 2009Planning and Zoning Work Session March 11, 2009Planning and Zoning Work Session March 25, 2009Planning and Zoning Work Session September 23, 2009Planning and Zoning Work Session October 7, 2009Planning and Zoning Work Session November 4, 2009Planning and Zoning Work Session and Public Hearing October 16, 2012City Council Work Session February 5, 2013City Council Work Session City of DentonPage 3 of 4Printed on 9/12/2014 powered by Legistar" File #:DCA14-0005,Version:1 EXHIBITS 1.Phasing Schedule 2.Recommendation Graphic 3.Sample Assessment Executive Summary (City of Arlington Urban For 4.Sample Assessment Summary (Mesquite Urban Forest Ecosystem Analy 5.Council Directed Prioritization of Projects Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Haywood Morgan Urban Forester City of DentonPage 4 of 4Printed on 9/12/2014 powered by Legistar" Exhibit 1 –Phasing Schedule Phase 1 Complete Davey Contract -Tree Trusts-December 2014 Tree Trusts are currently mentioned in the Denton Development Code. They appear to provide an additional mitigation option in lieu of paying into theTree Fund or replanting onsite. When this option was pursued, implementation challenges and questions arose that needed further defining in terms of feasibility. Finish Davey contract regarding assessmentof a workable process for Tree Trusts. Evaluate results from Davey and determine if Tree Trusts are aviableoption to remain in the Tree Code. Phase 2Urban Forestry Ecosystem Assessment and CanopyAnalysis/Setting the Baseline-July 2015 This phase could move concurrently with Phase 1. Commission an analysis of Denton’s urban forest utilizing a recognized consultant specializing in urban forestry ecosystem assessment and canopy analysis. Data from this assessment would quantifythe dollar value of ecosystem benefits trees provide in theareas of air quality, carbon sequestration, and storm water runoff. The data from the analysis would be utilized as an educational tool and reference for City staff, elected and appointed officials, developers, and the community membersof Denton to lay the foundation for updating the Tree Code. This study is consistent with the goals and objectives of both the Simply Sustainable, A Strategic Plan for Denton's Futureadopted in 2012and the draft Denton Plan 2030that is in the finalization process. Phase 3Pre-Planning/Stakeholder Engagement-September 2015 Meet with internal stakeholders (ex. Planning, Legal, Parks, Real Estate, Watershed Protection, etc.)and external stakeholders (ex. Denton Community Development Alliance, community leaders, Citizen Foresters, etc.)for goal-setting and issue identification to work toward an Urban Forestry Strategy. Instead of utilizing a citizen committee, staff recommends usingrepresentation from key stakeholders, as well as existing and established groups with broad and diverse backgrounds (ex. Keep Denton Beautiful, Denton Plan Ambassadors, etc.). Assess what other Texas cities are doing (ex. Dallas, Austin, San Antonio, Mansfield, Arlington, etc.) to identify tree ordinances that work wellin the area. Compile best practices to consider incorporatinginto the new ordinanceupdatesfor the City. Phase 4Ordinance Updates-TBD Ordinance updates would be informed by the collaboration and partnership during stakeholder engagement (Phase 3). Listed below is potential sequencing of anticipated topics to be updated within the Tree Code: Task 1 Purpose and Intent (vision, include canopy goals) Applicability Permit Requirements Permit Review and Approval Process Definitions Task 2 Tree Designations (e.g. Protected trees, Historic Trees, Quality Trees) Preservation Mitigation (e.g. Tree Fund and Tree Trusts) Task 3 Alternative Tree Preservation Plan Preservation Incentives Green Infrastructure and the Public Realm (e.g. medians, parks, other city properties) Landscape and Tree Canopy Requirements (new development, new trees) Exhibit 2–Recommendation Graphic Complete Davey Contract •Tree Trusts Setting the Baseline •Urban Forestry Ecosystem Assessment •Canopy Analysis Pre-Planning/Stakeholder Engagement •Goal-setting •Issue Identification Ordinance Updates •Permitting and Procedures •Tree Designations, Preservation, and Mitigation •New Development and the Public Realm Exhibit 3 Sample Assessment Executive Summary (City of Arlington Urban Forest Resource Analysis) Executive Summary Understanding an urban forest's structure, function and value ca ment decisions that will improve human health and environmental of the vegetative structure, function, and value of the Arlingto during 2009 based on satellite imagery, field data, and computer Eco, developed by the USDA Forest Service, Northern Research Sta model are used to advance the understanding of the urban forest forest policies, planning and management, provide data for poten within environmental regulations, and determine how trees affect ity and consequently enhance human health and the quality of lif of Arlington. Forest structure is the measure of tree species composition, de biomass, species diversity, and other various physical attribute of the forest resources as well as a detailed examination of whe species. Forest functions, which are determined by forest struc of environmental and ecosystem services such as air pollution re This study quantifies air pollution removal, carbon storage, and Values are the quantified economic values of the forest function air pollution removal, carbon storage, energy savings plus the replacement value of the forest. Other studies have measured values such as health benef increases, and floodwater retention. Key Findings: Ton: short ton (U.S) (2,000 lbs) Carbon storage: the amount of carbon bound up in the above-grou Carbon sequestration: the removal of carbon dioxide from the ai Structural Value: value based on the physical resource itself ( 5 Exhibit 4 Sample Assessment Summary- Mesquite Urban Forest Ecosystem Analysis S´¬¬ ±¸ Understanding an urban forest's structure, function and value can promote management decisions that will improve human health and environmental quality. An assessment of the vegetativestructure, function, and value of the City of Mesquiteurban forest was conducted between February and August 2012. Data from 225 field plots located throughout the City of Mesquitewere analyzed using the i-Tree Eco model developed by the U.S. Forest Service, Northern Research Station. Key findings •Number of trees: 2,091,000 •Tree cover: 24.4% •Most common species: Sugarberry, Green ash, Cedar elm •Percentage of trees less than 6" (15.2 cm) diameter: 75.8% •Pollution removal: 288 tons/year ($1.54 million/year) •Carbon storage: 145,000 tons ($10.3 million) •Carbon sequestration: 13,000 tons/year ($927 thousand/year) •Oxygen production: 31,900 tons/year ($0 /year) •Building energy savings: $773 thousand/year •Avoided carbon emissions: $108 thousand/year 3 •Annual Rainfall Interception: 30.2 millionft/year ($2.01 million/year) •Structural values: $996 million Ton: short ton (U.S.) (2,000 lbs) Carbon storage: the amount of carbon bound up in the above-ground and below-ground parts of woody vegetation Carbon sequestration: the removal of carbon dioxide from the air by plants Carbon storage and carbon sequestration values are calculated based on $71 per ton Structural value: value based on the physical resource itself (e.g., the cost of having to replace a tree with asimilar tree) Pollution removal value is calculated based on the prices of $1136 per ton (carbon monoxide), $9110 per ton (PM10). Ozone, sulfur dioxide, nitrogen dioxide and particulate matter less than 2.5 microns are calculated based on US EPA BenMAP model. Energy saving value is calculated basedon the prices of $114.9 per MWH and $10.15 per MBTU Monetary values ($) are reported in US Dollars throughout the report except where noted For an overview of i-Tree Eco methodology, see Appendix I. 3 | Page Exhibit 5 Council Directed Prioritization of Projects Tier 1 –Projects already initiated that can be completed within 1-year 2014. 1.Comprehensive Plan Update 2.Establish Infill and Redevelopment Standards 3.Tree Trusts and Tree Code Amendments 4.DTIP/Form Based Code 5.Payday Loan (Zoning Ordinance) Tier 2 –Projects that have been initiated that can be completed in 2015 1.2010 Annexations (Non Annexation Agreements) 2.Mobility Plan Update for Infill and Redevelopment 3.Sign Code Ordinance 4.Wayfinding Sign Program 5.CBD/DTIP Boundary Adjustment Tier 3 –Projects that may be completed in 2016 1.Downtown Parking Standards (CBD/DTIP) Parking Ratio and Parking Fee City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0501,Version:1 Agenda Information Sheet DEPARTMENT: CM/ ACM: Date: SUBJECT Deliberations regarding Real Property - Under Texas Government C Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide interests located in the O.S. Brewster Survey, Abstract No. 56, of Denton, Texas. Consultation with the Citys attorneys regard condemnation of the real property interests described above wher duty of the Citys attorneys to the City of Denton and the Dento Conduct of the State Bar of Texas, or would jeopardize the City litigation. (Bonnie Brae Widening & Improvements Project) BACKGROUND OPTIONS RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION BID INFORMATION EXHIBITS City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0501,Version:1 Respectfully submitted: (Name of Director) (Title) Prepared by: (Name) (Title) City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0530,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;and Consultation with Attorneys - Under Texas Government Code Sectio Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe acquisitionofrealpropertyinterestslocatedintheW.RoarkSurvey,AbstractNo.1087,J.SevereSurvey, Abstract1164,B.B.B.&C.R.R.Co.Survey,AbstractNo.196andtheJ.W.WithersSurvey,AbstractNo. 1343,allinDentonCounty,Texas,generallylocatedalongalinerunningwesttoeast,commencingatU.S. Highway377adjacenttotheFortWorthDriveSubstationandcontinuingtothewestrightofwaylineofF.M. 1830CityofDenton,Texas.ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththe acquisitionorcondemnationoftherealpropertydescribedabovewhereapublicdiscussionoftheselegal matterswouldconflictwiththedutyoftheCitysattorneystotheCityofDentonandtheDentonCityCouncil undertheTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizethe Cityslegalpositioninanyadministrativeproceedingorpotentiallitigation.(DentonMunicipalElectricFort WorthT1AdditionExpansion,DentonMunicipalElectricFortWorthDriveandFM1830Distribution,and Hickory Creek Detention Facility projects: Burch Family Farms L City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0558,Version:1 Agenda Information Sheet SUBJECT Deliberations regarding Real Property - Under Texas Government C Texas Government Code, Section 551.071. Discuss,deliberate,receiveinformationfromstaffandprovidestaffwithdirectionpertainingtotheacquisitionofrealproperty interestslocatedintheintheM.E.P.&P.R.R.Co.Survey,AbstractNumber1469,DentonCounty,Texas,locatedgenerallyinthe 1500blockofNorthMayhillRoad,intheCityofDenton,DentonCounty,Texas.ConsultationwiththeCity'sattorneysregarding legalissuesassociatedwiththeacquisitionorcondemnationoftherealpropertyinterestsreferencedabovewhereapublicdiscussion oftheselegalmatterswouldconflictwiththedutyoftheCity'sattorneystotheCityofDentonandDentonCityCouncilunderthe TexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity'slegalpositioninany administrativeproceedingsorpotentiallitigation.(MayhillRoadWideningandImprovementsProject:ParcelM026-HabibPyarali Arab) [ID 14-0557] City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0531,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;ConsultationwithAttorneys- Under Texas Government Code Section 551.071. Receiveinformationfromstaff,discuss,deliberate,andprovidestaffwithdirectionregardingthesiteselectionprocess fortheDMEHickorysubstationandthepotentialacquisitionofrealpropertyinterestsgenerallylocatedinDenton, DentonCounty,Texas,inthe100blockofBonnieBrae,the2500blockofW.HickorySt.,andthe2300blockofW.Oak St.ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththecondemnationoracquisitionofthe realpropertyinterestsdescribedabovewhereapublicdiscussionoftheselegalmatterswouldconflictwiththedutyofthe CitysattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessional ConductoftheStateBarofTexas,orwouldjeopardizetheCityslegalpositioninanyadministrativeproceedingor potential litigation. [ID 14-0533] City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0560,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultationwith Attorneys - Under Texas Government Code Section 551.071. Receiveinformationfromstaff,discuss,deliberate,andprovidestaffwithdirectionregardingtheleasingofreal propertyinterestsgenerallylocatedinDenton,DentonCounty,Texas,inthe2000-2200blocksofSkylaneSt., DentonEnterpriseAirport.ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththe leasingoftherealpropertyinterestsdescribedabovewhereapublicdiscussionoftheselegalmatterswould conflictwiththedutyoftheCitysattorneystotheCityofDentonandtheDentonCityCouncilunderthe TexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCitys legal position in any administrative proceeding or potential lit City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0545,Version:1 Agenda Information Sheet SUBJECT DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialpurchaseofcertainrealpropertyinterestslocatedintheT.TobySurvey,AbstractNo.1285,Cityof Denton,DentonCounty,Texas,andgenerallylocatednorthofAirportRoadandeastofMaschBranchRoad. ConsultationwiththeCitysattorneysregardinglegalissuesassociatedwiththepotentialacquisitionand condemnationoftherealpropertydescribedabovewhereapublicdiscussionoftheselegalmatterswould conflictwiththedutyoftheCitysattorneystotheCityofDentonandtheDentonCityCouncilunderthe TexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCitys legal position in any administrative proceeding or potential lit City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0452,Version:1 Agenda Information Sheet SUBJECT Certain Public Power Utilities: Competitive Matters --- Under Te Receivecompetitivepublicpowerinformationandcompetitivefinancialinformationfromstaffintheformof thefinaldraftoperatingbudgetforDentonMunicipalElectric( DME )forFY2014-2015,includingwithout limitation,revenues,expenses,commodityvolumes,andcommitments;anddiscussanddeliberatetheDME budget. City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0561,Version:1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code, Secti ConsultwithandprovidedirectiontoCitysattorneysregardinglegalissuesandstrategiesassociatedwithGas WellOrdinanceregulationofgaswelldrillingandproductionwithintheCityLimitsandtheextraterritorial jurisdiction,including:Constitutionallimitations,statutorylimitationsuponmunicipalregulatoryauthority; statutorypreemptionandvestedrights;impactsoffederalandstatelawandregulations;impactsofgaswell drillinguponprotectedusesandvice-versa;moratoriumondrillingandproduction;otherconcernsabout municipalregulatoryauthorityormattersrelatingtoenforcementoftheGasWellOrdinance;settlement mattersconcerninggaswelldrillingintheCity;surfacedevelopmentissuesinvolvingsurfaceandmineral estates;andlegalmattersassociatedwithacitizensinitiativeregardinghydraulicfracturingwhereapublic discussionoftheselegalmatterswouldconflictwiththedutyoftheCitysattorneysundertheTexas Disciplinary Rules of Professional Conduct of the State Bar of T City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0556,Version:1 Agenda Information Sheet SUBJECT Scenic City Certification City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0476,Version:1 Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,levyingtheadvalorempropertytaxofthe CityofDenton,Texas,fortheyear2014,onalltaxablepropertywithinthecorporatelimitsofthecityon January1,2014,andadoptingataxrateof$0.689750per$100ofvaluationfor2014;providingrevenuesfor paymentofcurrentmunicipalmaintenanceandoperationexpensesandforpaymentofinterestandprincipalon outstandingCityofDentondebt;providingforlimitedexemptionsofcertainhomesteads;providingfor enforcement of collections; providing for a severability clause; BACKGROUND Theproposedtaxrateof$0.689750per$100valuationisusedtobalancetheFY2014-15Budget.This proposedtaxrateisthesameastheprioryear,butisabovetheeffectiverateof$0.639997.Oftheproposedtax rate,$0.481190willbeappliedtofundoperationsandmaintenanceintheGeneralFundand$0.208560willbe applied to fund tax-supported General Obligation and Certificate Statelawrequiresspecificlanguageforthemotionontheadoptionofthetaxratewhichwillexceedthe effectivetaxrate.Themotionmustbemadeasfollows: Imovethepropertytaxratebeincreasedbythe adoptionofataxrateof$0.689750,whichiseffectivelya7.77percentincreaseinthetaxrate. The7.77 percent is calculated by dividing the proposed tax rate by the e PRIOR ACTION/REVIEW (Council, Boards, Commissions) The FY 2014-15 Budget was submitted to the City Council on July of the Budget to the City Council was conducted on July 31, 2014 proposed budget during Work Sessions on August 5, August 12, Aug Hearing on the Budget was held on August 19. In addition, two p rate on August 19 and September 9. FISCAL INFORMATION Theproposedpropertytaxratewillgenerate$53,781,033ofwhich$37,345,786willbeusedtofundoperations andmaintenanceintheGeneralFundand$16,187,108willbeusedtofundtax-supportedGeneralObligation andCertificatesofObligationdebt.Inaddition$245,056willbegeneratedfortheDowntownTaxIncrement City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0476,Version:1 ReinvestmentZonedistrictand$3,083willbegeneratedfortheWestparkTaxIncrementReinvestmentZone district. EXHIBITS 1. Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance Prepared by: Nancy Towle Budget Manager City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit 1 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0477,Version:1 Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,approvingthe2014taxrolls;andprovidingan effective date. BACKGROUND Asacomponentofthebudgetprocess,theCityisrequiredbyChapter26oftheTexasPropertyTaxCodeto approvethetaxrollonanannualbasis.Thetaxlevyiscalculatedbytakingthe2014CertifiedAppraisalRoll (excludingpropertyvaluesunderprotest)andapplyingthe2014adoptedtaxrate.Theanticipatedcollection rate is 100 percent. FISCAL INFORMATION The approval of the tax roll will enable the County to mail tax EXHIBITS 1.Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance Prepared by: Nancy Towle Budget Manager City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0507,Version:1 Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,adoptingtheFiscalYear2014-2015Annual ProgramofServices(Budget)andtheCapitalImprovementProgramoftheCityofDenton,Texas,forthe fiscal year beginning on October 1, 2014, and ending on Septembe . BACKGROUND TheCityCouncilreceivedtheCityManagersFY2014-15ProposedBudgetonJuly25,2014.Aworkshopto presentthedetailsoftheBudgetwasconductedonJuly31,2014.FurtherdiscussionsontheBudgetwerealso heldonAugust5,August12,August19andSeptember9.ApublichearingontheProposedBudgetwasalso heldonAugust19tosolicitcitizenfeedback.Inaddition,twopublichearingswereheldonthetaxrateon August19andSeptember9.TheFY2014-15BudgetissummarizedbyfundintheBudgetResourceand Expenditure Summary, which is attached to the ordinance. AsaresultofdiscussionswiththeCityCouncil,thefollowingchangesweremadetotheCityManagers Proposed Budget as summarized below. Airport Fund DuetorecentnegotiationsregardingalandpurchasefortheAirport,staffisproposingtoincreasethe expenditureauthorityforthisfundby$291,296.Inaddition,projectedfranchisefeepayments($24,899)bythe Airportarealsoproposedtoincreaseasaresultofincreasedgroundleaserevenues($187,546)associatedwith theabovereferencedlandpurchase.Reservesarealsoplannedtobedrawndownbyanadditional$128,649as a result of the increased expenditures. Airport Fund: City Managers Proposed FY 2014-15 Revenue Budget$4,251,182 Increased Airport ground lease revenues$187,546 Increase in use of reserves$128,649 Total Revised FY 2014-15 Proposed Revenue Budget$4,567,377 City of DentonPage 1 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0507,Version:1 City Managers Proposed FY 2014-15 Expenditure Budget$4,251,182 Increased capital project transfers$291,296 Increased franchise fee payments$24,899 Total Revised FY 2014-15 Proposed Expenditure Budget$4,567,377 General Government Capital Improvement Program (CIP) Theoverallplannedbondsale(GOs&COs)forFY2014-15isproposedtodecreaseby$500,000from $32,000,000to$31,500,000.Thechangeisassociatedwithadelayintheissuanceof$500,000inCOsforthe initialphaseoftheAirportsWestSideRunwayproject.TheCitywouldnowproposetoissuethefullamount oftheprojectinFY2015-16,ratherthanissuetheamountsintwoseparateyears.TheamountforFY2015-16 would be $1,200,000. Inaddition,staffwouldproposetoissueanadditional$300,000forfirestationimprovementsandreducethe previouslyproposedamountforbuilding/landacquisitionandimprovementsby$300,000.Thischangehasno impactontheCIPbudget.Lastly,theAirportsrevenuefundedlandacquisitionprojectisproposedtoincrease an additional $291,296 to $2,000,000 as a result of recent negot Community Market TheCommunityMarkethasproposedabudgetof$15,950whichincludes$10,000infundingfromHOT Funds.Theproposedbudgetalsoincludesrequestedfundingofupto$5,950inone-timefundsfromtheCitys GeneralFund,whichtheCityCouncilpreviouslyrecommendedtoallocatefromtheirFY2014-15proposed contingencyfunds.ThisfundingallocationwillreduceCouncilContingencyfundsto$11,550($1,650per member) for FY 2014-15. Inadditiontotheabovefunds,theFY2014-15ProposedBudgetfortheGeneralFundalsoincludes$3,200in fundingforportablerestroomfacilitiesfortheCommunityMarket.Thesefundswerebudgetedforthis purposebeginninginFY2013-14.Thesethreefundingsourcestotal$19,150insupportoftheCommunity Market.UponreceiptofapplicationfortheHOTprogram,staffwillplantosubmitanagreementtotheCity Council for consideration of all Community Market funding source Insummary,thetotalrevisedCityofDentonbudget(includinggrantsandcapitalprojects)isrecommendedto increase by $107,491 to $907,884,034 compared to the City Manage EXHIBITS 1. Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 2 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0507,Version:1 Prepared by: Nancy Towle Budget Manager City of DentonPage 3 of 3Printed on 9/12/2014 powered by Legistar" Exhibit 1 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0508,Version:1 Agenda Information Sheet DEPARTMENT:Finance CM/ ACM:Bryan Langley Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texas,ratifyingtheadoptionoftheFiscalYear2014- 15AnnualProgramofServices(Budget)andtheCapitalImprovementProgramoftheCityofDenton,Texas, forthefiscalyearbeginningOctober1,2014,andendingonSeptember30,2015whentheBudgetwillraise more revenue from property taxes than last years budget; and pr BACKGROUND Chapter102oftheLocalGovernmentCode(LGC)requirescertainprovisionstobetakenwhentheadoptionof abudgetwillrequireraisingmorerevenuefrompropertytaxesthaninthepreviousyear.Specifically,Chapter 102.007 Section C of the LGC states: Adoptionofabudgetthatwillrequireraisingmorerevenuefrompropertytaxesthaninthepreviousyear requiresaseparatevoteofthegoverningbodytoratifythepropertytaxincreasereflectedinthebudget.Avote underthissubsectionisinadditiontoandseparatefromthevotetoadoptthebudgetoravotetosetthetaxrate required by Chapter 26, Tax Code, or other law. The FY 2014-15 Budget will require raising more revenue from pro Because of this, the City Council is required to take separate a the budget. FISCAL INFORMATION TheFY2014-15proposedtaxrateis$0.689750per$100valuation,whichisthesametaxrateasFY2013-14. TheFY2014-15AdoptedBudgetwillgenerateapproximately$5,641,834or11.72percentmorepropertytax revenuethanFY2013-14.Ofthisamount,$1,292,895istaxrevenuerelatedtoadditionalvaluefromnew construction over the past year. EXHIBITS 1.Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0508,Version:1 Prepared by: Nancy Towle Budget Manager City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0417,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Parks and Recreation ACM:John Cabrales, Jr. AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceadoptingaScheduleofFeesforuseofcertainparkfacilities;supersedingall priorfeesinconflictwithsuchschedule;andprovidingforseverabilityandaneffectivedate.TheParks, Recreation and Beautification Board recommends approval (5-0). BACKGROUND Aspartofthe2014-2015Budgetprocess,staffwasinitiallyinstructedtosuggestchangesintheGeneralFund Budgetthatwouldresultina5%increaseoverthenextthree-yearperiod.Duetosignificantincreasesin Dentonpropertyvalues,mostofthesuggestedreductionswerenotnecessarybuttheCityManagerhas recommended the following fee increases for the 2014-2015 Budget IncreaseinRecreationPassfeesfrom$5forresidentsand$10fornon-residentsto$10forresidentsand $15 for non-residents, which will result in an estimated increas Thisfeewasoriginatedin2005andithasnotbeenincreasedsinceitsinception.Scholarshipsare available for youth and seniors who cannot afford the cost. IncreasetheAthleticFieldtournamentrentalfeefrom$1,000to$1,150percomplexfortournaments, which will result in an estimated increase to General Fund reven This fee was set in 2010 in response to customer requests for a IncreaseNatatoriumlanerentalfeefrom$5to$10perlane,whichwillresultinanestimatedincreaseto General Fund revenue of $7,000. This fee was set in 2003 when the Natatorium opened. OPTIONS The City Council may approve, deny, or modify the ordinance and RECOMMENDATION Staff recommends approval of the Schedule of Fees and ordinance. ESTIMATED SCHEDULE OF PROJECT If approved, the proposed fee changes to the Parks and Recreatio October 1, 2014. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0417,Version:1 PRIOR ACTION/REVIEW These increases have been previously reviewed as part of the bud and Beautification Board recommend approval with a vote of 5-0. FISCAL INFORMATION The changes will result in an estimated additional $32,550 in Ge EXHIBITS 1.Schedule of Parks and Recreation Fees effective October 1, 2014 2.Excerpt of Park, Recreation and Beautification Board Meeting Min 3.Proposed ordinance Respectfully submitted: Emerson Vorel, Director Parks and Recreation Prepared by: Amanda Green, Business Manager Parks and Recreation City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit1 Exhibit A PARKS AND RECREATION FEES General Fund Only Effective October 1, 2014 TYPEFEE (resident/non-resident) Facility Rentals Full gym……………………………………………65.00/75.00(per hour) Half gym……………………………………………35.00/40.00(per hour) Recreation center small meeting rooms……………25.00/30.00(per hour) MLK Meeting Room, Ammons A, Ammons B, Denia Room A, Denia Room C, North Lakes Room A, American Legion Hall, American Legion Hall Annex, Senior Center Conference Room, Senior Center Craft Room Recreation center large meeting rooms…………… 30.00/35.00 (per hour) Senior Center rooms 143, 144, 145,Denia Room B, North Lakes Room B Kitchen/MLK Craft Room/ MLK Game Room ……20.00/25.00 (per hour) Civic CenterPool 2 Hour Rental (under 100 guests) ...........................180.00/200.00 Extra hour...........................................................90.00/100.000 2 Hour Rental (101-200 guests)..............................270.00/290.00 Extra hour.............................................................135.00/145.00 2 Hour (201-300 guests).........................................370.00/390.00 Extra Hour............................................................185.00/195.00 2 Hour (301-400 guests).........................................470.00/490.00 Extra Hour.............................................................235.00/245.00 Civic Center: * Rotunda:$80.00/$85.00 per hour (weekdays) $100.00/$105.00per hour (evenings and weekends) Maximum daily rate: $800M-F; $1,000S-S Meeting Room 1: $25.00/$35.00 per hour (weekdays) $35.00/$40.00per hour (evenings and weekends) Maximum daily rate: $125.00/$150.00weekdays $175.00/$200.00evenings $350/$375.00weekends Meeting Room 2$35.00/$40.00per hour (weekdays) $45.00/$50.00per hour (evenings and weekends) Maximum daily rate: $175.00/$200.00weekdays $225.00/$250.00evenings $450.00/$475.00weekends TYPEFEE (resident/non-resident) Rooms 1 & 2$50.00/$55.00per hour (weekdays) $65.00/$70.00 per hour (evenings and weekends) Maximum daily rate: $250.00/$275.00weekdays $325.00/$350.00evenings $650.00/$675.00weekends Community Room$50.00/$55.00per hour (weekdays) $65.00/$70.00per hour (evenings and weekends) Maximum daily rate:$250.00/$275.00weekdays $325.00/$350.00evenings $650.00/$675.00weekends Rooms 1, 2 & $95.00/$100.00 per hour (weekdays) Community Room$125.00/$130.00per hour (evenings and weekends) Maximum daily rate:$475.00/$500.00weekdays $625.00/$650.00evenings $1,250.00/$1,275.00weekends Plaza$25.00/$30.00per hour Plaza with restrooms$25.00/$30.00/hr., and rental of a meeting room for restroom access Kitchen$15.00/$20.00per hour with meeting room rental $20.00/$25.00per hour for kitchen only rental Entire Facility$170.00/$175.00per hour (weekdays) $220.00/$225.00per hour (evenings and weekends) Maximum daily rate: $1,360.00/$1,385.00weekdays $1,760.00/$1,785.00 (evenings and weekends) * Discounts may be given from regular Civic Center rental fees for multiple (consecutive) day rentals and city events available to the general public. Senior Centermultipurpose room…………………..$20.00/$25.00per quadrant …………………...$80.00/$100.00entire room Athletic fields:* Athletic field (w/o lights)...............................................$15.00 per hour Athletic field (w/lights)..................................................$25.00 per hour Softball Tournament Rate per complex (Denia and North Lakes) 2 day minimum/3 day maximum; 4 fields minimum per complex; 8-10 hours/day; o 25 team minimum………………………….$1,150.00 per complex * Discounts may be given from regular Athletic Field rental fees for multiple (consecutive) day rentals and events available to the general public. Page 2of 6 TYPEFEE (resident/non-resident) Tennis: Tournament rental (8 hour rental) …………………. $30.00 (per court) Additional tournament hour ……………. $5.00 (per court) o Natatorium: Rentals 2 Hour Rental (under 100 guests)...........................$250.00/$280.00 Extra hour................................................................$100.00/$110.00 2 Hour Rental (101-200 guests)..............................$350.00/$380.00 Extra hour.................................................................$125.00/$160.00 2 Hour (201-300 guests).........................................$450.00/$480.00 Extra Hour...............................................................$150.00/$210.00 2 Hour (301-400 guests).........................................$550.00/$580.00 Extra Hour..............................................................$175.00/$260.00 Lane Rental ………………………………………$10.00 (per hour) WaterWorks Park: Rentals Park rental (2 hour rental 600guests)$1,200.00 Park rental (2 hour rental 601-800 guests)$1,300.00 Park rental (2 hour rental 800+ guests)$1,400.00 Additional Hour $500.00 Outside Catering fee$100.00 North Pavilion & Area $150.00 North Pavilion Only $75.00 Admissions Discounts may be given from regular admission fees to the Natatorium, water park, or swimming pool based on promotional coupons available to the general public, advance ticket sales, discountsthrough season passes, evening discounts, and through group rates when the groups exceed ten admissions. Daily Swimming Pool Admission: Individual Child…………………………………..$2.25/$2.25 Individual Adult…………………………………..$3.00/$3.00 Civic Center Pool Season Admission: Individual pass………………………………….$50.00/$60.00 Family pass…………………………………...$110.00/$125.00 Page 3of 6 TYPEFEE (resident/non-resident) Tennis: Individual court use fee(unlighted)……………$3.00(1 ½ hrs) during posted hrs. only Individual court use fee (lighted)………………$5.00 (1 ½ hrs) during posted hrs. only Individual season pass…………………………..$70.00/$75.00 Family season pass……………………………$150.00/$155.00 Natatorium: Daily Admission: 16+…………………………………………….. $4.00/$5.00 Children 3-15…………………………………..$3.00/$4.00 Children 2 and under…………………….…….Free Passes: Individual 1 month pass………………………$20.00/$25.00 Family 1 month pass………………………….$40.00/$45.00 Individual season pass………………………...$60.00/$70.00 Family season pass…………………………..$120.00/$130.00 Individual annual pass……………………….$120.00/$135.00 Family annual pass ………………………...$250.00/$265.00 All Access Natatorium Pass added to Fitness Passes at Recreation Centers 1 Month ………………..$10.00/$15.00 3 Month ……………….$25.00/$30.00 Annual ………………...$75.00/$80.00 Punch Passes 10 Visits Ages 16+ ……………….$30.00/$35.00 Ages3-15……………… $25.00/$30.00 20 Visits Ages 16+ ……………….$60.00/$65.00 Ages 3-15……………….$50.00/$55.00 Water Park: Daily Admission: Under 48”$7.00/$9.00 Over 48”$11.00/$13.00 Children under2Free Passes: Individual 1 month pass……………….$30.00/$35.00 Individual pass…………………………$75.00/$80.00 Family pass 1 month…………………..$85.00/$90.00 Family pass ……………………………$225.00/$240.00 All Access Aquatics Pass (Natatorium/Water Park/Civic Center Pool) Page 4of 6 TYPEFEE (resident/non-resident) Individual pass…………………………$140.00/$145.00 Family pass ………..…………………..$390.00/$405.00 Special Event Application Fee Non-refundable Application Fee…………………………30.00/ event application Youth Sports Youth Sports Impact Fee……………………………15.00per participant/per season Select Youth Sports Impact Fee…………………….25.00per participant/per season Park Vendor Sales** One-day booth permit: Non-profit vendor………………………………15.00 For-profit*……………………………..………...25.00 *For profit defined as any vendor selling items or collecting information for future sales **For special events with more than five vendors, the event organizer is responsible for park vendor fee collection and payment. Park Shelter Reservations Four-hour reservation: Small shelter (capacity: 25 persons)……………………$35.00/$40.00 o Large shelter (capacity: 50 persons)……………………$60.00/$65.00 o CH Collins Stage in Fred Moore Park Stage rental ……………………………..………...$15.00/$20.00/hour Regional Park Rental Four-hour reservation: North Lakes Park ……………………………………$300.00/$350.00 Additional Hour…………………………………$75.00/$80.00 o South Lakes Park ……………………………………$300.00/$350 Additional Hour…………………………………$75.00/$80.00 o Quakertown Park Rental North Side (Civic Center Poolincluding Amphitheater) …… $187.50/$192.50/hour Maximum Daily Rate……………………………$1,500.00/$1,600.00 o South Side (City Hallincluding Garden Walk) …………….$187.50/$192.50/hour o Maximum Daily Rate……………………………$1,500.00/$1,600.00 Page 5of 6 TYPEFEE (resident/non-resident) Facility Identification Card “Rec Pass” Individual (8 & up)……………………………..10.00/15.00 Family (4 or more)…………………………....40.00/60.00 Replacement Card…………………………………….2.00 Page 6of 6 Exhibit 2 EXCERPT DRAFTMINUTES from PARKS, RECREATION AND BEAUTIFICATION BOARD August 4, 2014 Civic Center Community Room Parks, Recreation and Afterdeterminingthataquorum of the CityofDenton, Texas, Beautification Board is present, theChair oftheBoard thereafterconvenedintoan open meetingonMonday, August 4, 2014, at6:00p.m. in the Denton Civic Center,321E. McKinney Street, Denton, Texas. Members Present : Russ Stukel, Chair; Paul Leslie, Vicki Byrd, Maria Renner and Janet Shelton. Staffpresent : Emerson Vorel,Amanda Green,Julie Leal,Jim Maysand John Schubert. OPEN MEETING ACTION ITEM: Consider making a recommendation to the Denton City Councilto approve proposed changes to Facility and Program Fees effective October 2014. Amanda Green, Business Manager, Parks and Recreation, highlighteddetailsregarding the proposed changesto the FY 2014-15Facility and Program Fees (Schedule of Fees)and the related ordinance.Fees are established by ordinanceandtheParks, Recreation and Beautification Board is being askedto approve thefollowing changes effective October 1, 2014, and recommend City Council do the same: Increase theRecreationPass Fees from $5.00 for residents and $10.00 for non-residents to $10.00for residents and $15.00 for non-residents which resultsin an increase to the General Fund of $24,500annually. Increase theAthletic Field tournament rental fee from $1,000.00 to $1,150.00 per complex for tournaments which resultsin an increase totheGeneral Fund of $1,050.00annually. Increase the Natatorium lane rental fee from $5.00 to $10.00 per lane which results in an increase to the General Fund of$7,000annually. MOTION: Member Shelton made a motion to recommend approval of the proposed changes to the Facility and Program Fees effective October 2014. Member Byrd seconded. The motion passed with a vote of 5-0. Meeting adjourned at 7:02 p.m. Exhibit3 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0461,Version:1 Agenda Information Sheet DEPARTMENT:Parks and Recreation CM/ ACM:John C. Cabrales, Jr. AGENDA DATE:September 16, 2014 SUBJECT ConsiderapprovalofthePublicArtCommitteesrecommendationtopurchasethreecolorlithographsbyartist BillyHassellaspublicartfortheCityofDenton.Thelithographs,whichwillatotalof$5,700,ispursuantto theCityofDentonPublicArtpolicyapprovedbyOrdinance2006-105,andfundedwithHotel/Motel OccupancyTax(HOT)revenuespreviouslyauthorizedandencumberedforexpenditureofsuchpurposes;and declaring an effective date. The Public Art Committee recommends BACKGROUND OnApril18,2006,CityCouncilestablishedandappointedaPublicArtCommitteethatservesinanadvisory capacitytotheCityCouncil.ThePublicArtCommittee,establishedbyseparateordinance,makes recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art Alithographistheprintingprocesswherebynoetchingisrequired.Theartistusesasetofgreasycrayonsor pencilstodrawamirroredimageoftheoriginalartworkontoasmoothstonetablet.Asheetofpaperisthen placedovertheentireplatetoproducearendering.Theinkedstoneormetalplateandthepaperareplacedina press and light pressure is used to transfer some of the ink to ArtistBillyHassellhasbeenmakingnatureinspiredpaintingsandlithographsformorethan25years.His colorfulandexpressiveartworkfrequentlyfeaturebirdsandindigenousplants,andanimalsofTexas,andhave beenexhibitednationwide,whichincludesthepermanentcollectionsoftheHoustonMuseumofArt,theMenil Collection,theFortWorthModern,theDallasMuseumofArtandnumerousotherpublicandprivate collections.AtravelingsurveyexhibitionofhisworkwasorganizedbytheArtMuseumofSouthTexasin CorpusChristiandtouredthestatefortwoyears.HisworkhasbeenfeaturedinsoloexhibitionsattheGrace MuseuminAbileneandtheTylerMuseumofArtinTyler,Texas.Articlesonhisworkhaveappearedin ArtNews,SouthwestArt,TexasParksandWildlifeMagazine,DMagazineand360West.Hehasbeen commissionedtoproducecoloretchingsandcolorlithographsforTheNatureConservancyofTexasand AudubonTexasandhascompletedpublicartprojectsfortheDFWAirport(stainedglassfloormedallion)and the City of Fort Worth (mosaic mural for Fire Station # 34). City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0461,Version:1 The three artworks being recommended are: The TRINITYRIVERII isa30 x22 framedimagefeaturingalligatorgar,sunfish,catfish,bass,agreenfrog and a red-eared slider. The primary theme of the print is water. The DOGWOODCANYON isan18 x24 framedimageandfeaturesthefloraandfaunaofaunique ecosystem. The BOBWHITEQUAIL isan18 x24 framedimageandfeaturesasmallcoveyofquailintheirnatural habitat, a bird once common throughout north Texas. Allthreeofthecolorlithographsarehand-inked,hand-printed,andincludedinalimitededitionof30printed on a Takach Press by master printer Peter Webb in Austin, Texas. RECOMMENDATION StaffrecommendsthattheCityCouncilapprovethePublicArtCommitteesrecommendationtopurchasethree of artist Billy Hassells color lithographs as public art for th PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Art Committee recommended approval on August 7, 2014, wit FISCAL INFORMATION AllthreeartworksfromtheBillyHassellStudiototalacostof$5,700.Theframed TRINITYRIVERII costs$2,100;theframed DOGWOODCANYON costs$1,800;andtheframed BOBWHITEQUAIL costs$1,800,andwouldbefundedfrom2013-14HOT Funds. EXHIBITS 1.Public Art Committee Meeting Minutes of August 7, 2014 2.Illustration of the lithographs Respectfully submitted: Emerson Vorel Director Submitted by: Janie McLeod Community Events Coordinator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit1 PUBLIC ART COMMITTEEMINUTES DRAFT August 7, 2014 Members present:Victoria DeCuir, Guy Bruggeman, Glen Farris, Jim Clement, and Brian Wheeler Members absent:Mike Barrow, Kathey Hannah and Krissi Oden Ex Officio absent: Kimberly Karl Staff present:Janie McLeod and Emerson Vorel CALL TO ORDER. ChairDeCuir called the meeting to order at 4:22 p.m. CONSIDER APPROVAL OF THE PUBLIC ART COMMITTEE MINUTES FOR: July 9, and July 28, 2014 . The July 9, 2014,minutes were approved by a motion made by Clement and seconded by Wheeler. The minutes from the July 28, 2014,were approved by a motion by Wheeler and seconded by Clement. ACTION ITEMS:Selection of Historical Denton Art to be Purchased McLeod gave a brief review of how the previous Public Art Committees (PAC) have increased the City’s public art collection by purchasing historical art by artiststhat hadties to Denton and hadmade a significant contribution to the art community. Clement shared illustrations of three color pieces of lithographs by artist Billy Hassell. His art features native animals to the north Texas area. Clements said the total cost for the three pieces of art would be $5,700 and that the funds are from the Hotel/Motel Occupancy Tax (HOT) funds. TRINITY RIVER II, Clementmade a motion to purchase the a30” x 22” framedimage features alligator gar, sunfish, catfish, bass, a green frog and a red-eared sliderat a cost of $2,100. The DOGWOOD CANYON is an18” x 24” framed image and features the flora and fauna of a BOBWHITE QUAIL unique ecosystemat a cost of $1,800. Theis 18” x 24”framed image and features a small covey of quail in their natural habitat, a bird once common throughout north Texas,at a cost of $1,800. Wheeler seconded the motion and it was passed with a vote of 5-0. At the next meeting, McLeod will bring suggestions for the locationof the artworks. There being no further business, the meeting was adjourned at 4:43 p.m. Exhibit 2 Dogwood Canyon 18”x24” Trinity River II 30”x22” Bobwhite Quail 18”x24” City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0463,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT ConsiderapprovalofaresolutionbytheCityofDenton,Texas,authorizingtheCityManagertosubmitan applicationandallothernecessarydocumentstoobtainagrantundertheTexasDepartmentofHousingand CommunityAffairs,AmyYoungBarrierRemovalProgramandtakeallotheractionsnecessarytoimplement the program; and providing for an effective date. BACKGROUND TheTexasDepartmentofHousingandCommunityAffairs(TDHCA),HousingTrustFund,hasreleasedthe NoticeofFundingAvailability(NOFA)fortheAmyYoungBarrierRemovalProgramReservationSystem Access,whichprovidesone-timegrantsofupto$20,000tolow-income(80%AMI)personswithdisabilities, for home modifications necessary for accessibility and the elimi TheTexasDepartmentofHousingandCommunityAffairsrequirestheappropriatecertificationsandtheCity Council deems it in the public interest to authorize the City Ma TheMayorsCommitteeonPeoplewithDisabilities( Committee )hasbeenestablishedtopromoteaidto disabledpersons,whichincludesthepromotionofbetterpublicandemployerunderstandingconcerningneeds andcontributionsofpersonswithdisabilities,increasedemployment,retentionandadvancementofdisabled workers,encouragementforuseofavailableservicesfordisabledpersons,encouragementoftheremovalof architectural barriers, and promotion of participation in commun OPTIONS Approve the resolution to support the Citys participation in th Do not approve participation in the Amy Young Barrier Removal Pr RECOMMENDATION StaffrecommendstheCityapplyforfundingunderthereservationsystemoftheAmyYoungBarrierRemoval Program Fund to assist households with accessibility issues. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0463,Version:1 ESTIMATED SCHEDULE OF PROJECT ProgramfundsforaccessibilityimprovementswillbeavailableasscheduledbytheTexasDepartmentof Housing and Community Affairs from October 1, 2014 through Septe PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A FISCAL INFORMATION Housing staff salaries related to program delivery will be paid Removal Program administration funds, if granted by the State. program management budget. BID INFORMATION N/A EXHIBITS 1.Resolution Respectfully submitted: Brian Lockley, AICP, CPM Director Planning & Development Prepared by: Barbara Ross Community Development Administrator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit1 Resolution City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0469,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas,approvingguidelinesfor operationoftheCityofDentonHomeImprovementProgramandeligibilitycriteria;authorizingexpenditures in excess of $50,000 for projects meeting program guidelines and BACKGROUND Thisordinanceapprovesguidelinesandeligibilitycriteriaforthe2014HomeImprovementProgram(HIP). Passageofthisordinanceauthorizesprojectpaymentsthatexceed$50,000whentheprojectmeetsprogram eligibilitycriteriaandguidelines.EligibilityIncomeLimitshavebeenupdatedtocomplywithDepartmentof Housing and Urban Development (HUD) adjusted limits that became CityCouncilawardedCommunityDevelopmentBlockGrant(CDBG)andHomeInvestmentPartnership Program(HOME)grantfundstoHIPforthe2014-2015programyearaspartofthe CityofDenton2014Action PlanforHousingandCommunityDevelopment thatwasadoptedonMay6,2014.Additionalfundingsources mayincludeprogramincome,andowner-providedfunds.Bidsarerequestedforallrehabilitationand reconstruction projects. Homeowners select their contractor from OPTIONS Approval of ordinance adopting program guidelines. Requests for revisions to guidelines. RECOMMENDATION Staff recommends approval of the ordinance adopting the 2014 Hom ESTIMATED SCHEDULE OF PROJECT Theprogramguidelineswillbeineffectforowner-occupiedrehabilitationandreconstructionprojects completed from October 1, 2014, through September 30, 2015. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0469,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Community Development Advisory Committee recommended funding CouncilapprovedtherecommendationonMay6,2014,aspartoftheCityofDenton2014-15ActionPlanfor Housing and Community Development. FISCAL INFORMATION HousingstaffsalariesrelatedtoprogramdeliverywillbepaidfromCommunityDevelopmentBlockGrant (CDBG)andHomeInvestmentPartnershipProgram(HOME)funds.Nogeneralfunddollarsareincludedin the administration of the program. BID INFORMATION N/A EXHIBITS 1.2014-15 Home Improvement Program Guidelines 2.Proposed Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director Planning & Development Prepared by: Barbara Ross Community Development Administrator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit1 2014-15HIPGuidelines 2014 Home Improvement Program Guidelines Available in Spanish / Disponible en Español Effective Date: 10/01/2014 Applicant(s) Is Subject To Any Guideline Changes Prior to Contract Execution Page 2 TABLE OF CONTENTS INTRODUCTION ...................................................................................................................................................4 Home Improvement Program ..................................................................................................................................5 Description of General Program Procedures ...........................................................................................................5 I. PURPOSE ....................................................................................................................................................5 II. DESIGNATED AUTHORITY ....................................................................................................................5 III. ELIGIBILITY REQUIREMENTS: .............................................................................................................5 IV. APPLICATION PROCESSING ..................................................................................................................9 V. SELECTION OF RECIPIENTS FOR ASSISTANCE ..............................................................................10 VI. WAIVERS AND APPEALS PROVISION ...............................................................................................11 VII. FINANCIAL ASSISTANCE .....................................................................................................................11 VIII. CONTRACT REQUIREMENTS ..............................................................................................................12 IX. PROJECT FEASIBILITY CRITERIA ......................................................................................................14 X. PROJECT COST LIMITS .........................................................................................................................15 XI. ALLOWABLE EXPENSES ......................................................................................................................16 XII. PROGRAM ACTIVITY OPTIONS ..........................................................................................................16 A. Owner-Occupied Rehabilitation ...........................................................................................17 B. Optional Reconstruction .......................................................................................................17 XIII. CONTRACTOR SELECTION AND PROJECT MONITORING ...........................................................17 XIV. PAYMENTS TO CONTRACTOR............................................................................................................20 XV. CONTRACTOR DEBARMENT...............................................................................................................20 APPENDICES LIST ..............................................................................................................................................22 APPENDIX 1 Qualifying Income Limits for Federally Assisted Programs ............................................... 23 & 24 APPENDIX 2 Targeted Neighborhoods Map ........................................................................................................25 APPENDIX 3 HOME Certification and Participation Agreement .......................................................................26 APPENDIX 4 Temporary Rehousing Questionnaire and Agreement ...................................................................30 APPENDIX 5 Space & Amenity Allowances For Reconstruction Activities .......................................................32 APPENDIX 6 LBP Hazard Control Relocation Policy and Procedure .................................................................34 Page 3 INTRODUCTION Home Improvement Program’s The City of Denton objective is to assist low and moderate-income families in securing safe, sanitary and decent housing. This objective is accomplished through owner-occupied rehabilitation and optional reconstruction activities. Rehabilitation of an owner- occupied dwelling corrects code violations and makes needed repairs. If a dwelling is not feasible for rehabilitation, the applicant may be eligible for a replacement single-family dwelling. Optional reconstruction activity provides funds to demolish dilapidated dwellings and construct new modest, energy efficient and safe single-family dwellings on owners’ lots. The Home Improvement Program is administered by the City of Denton Community Development and is funded by federal grant dollars from the United States Department of Housing and Urban Development (HUD), participating owner funds, program income and other grant and private dollars, when available. Home Improvement Program The following pages contain a detailed description of the including program and project guidelines, application instructions and project bidding process. The purpose of the guidelines is to explain to potential applicants and the citizens of Denton, the Home Improvement Program and the levels of assistance available. For further information or clarification of the guidelines, please contact the: Community Development Division 601 E. Hickory Street, Suite B Denton, Texas 76205-4303 (940) 349-7726 (Office) (940) 349-7753 (Fax) nd Located at City Hall East – 2 Floor Enter Building’s West door on Railroad Street ADA/EOE/ADEA Texas State Relay (telephone device for the deaf): TDD (800) 735-2989 Page 4 Home Improvement Program Description of General Program Procedures I. PURPOSE A. The City of Denton Home Improvement Program provides technical and financial assistance for eligible low and moderate-income households to complete rehabilitation or reconstruction of their principal residence. B. Assistance shall be subject to the availability of program funds. Administrative procedures will be modified to meet any change in rules and HUD regulations that may occur over time. II. DESIGNATED AUTHORITY A.Administrative authority for implementation of the program will rest with the City of Denton Community Development Division. Community Development staff approves contractual and budget changes, as needed for project completion. B.The Community Development Administrator will have the responsibility for final determination of the amount of assistance available to individual applicants, in accordance with the program guidelines, policies and procedures. C.The Community Development Administrator will be responsible for approval of applicant eligibility for the program and final approval of applicants to be assisted. III. ELIGIBILITY REQUIREMENTS: Eligibility requirements must be met for both the applicant’s household and the property. Eligibility for assistance is completed in two phases as described in sections A. and B. below. A. Applicant(s) / Household Eligibility Requirements: 1.Must be a United States citizen or a legal resident alien. 2.Must own, currently occupy and have occupied the dwelling for at least the past two consecutive years. (The period of time an applicant has lived in a property under a lease for purchase or contract for deed form of purchase may be taken into consideration in calculating the two consecutive years.) 3.Must hold a Fee Simple Title to the property. City staff will verify ownership through a general title search. a.If applicant is purchasing their home by a “contract for deed” (or a like contract), where applicant does not gain title to the property deed until all contractual obligations have been met, applicant is not eligible for assistance. The seller must provide the purchaser with a filed warranty deed on the property to satisfy this eligibility requirement. b.If applicant(s) inherited the property, the legal documents establishing applicant(s) has fee simple title to the property must be on file in the Denton County Clerk’s Office. Applicant must provide proof of financial responsibility for the property (i.e. tax payments, and/or utility payments, fee simple title, executed, filed Page 5 affidavit of heirship, etc.), and, proof of residency, both, for not less than the most recent two consecutive years. 4.Must meet program’s income limits. a.Gross annual total household income is at or below the following, adjusted for family size. Current maximum income limit by household size is (income limits effective 12/18/2013): Rehabilitation / Reconstruction 80% of the AMI Household SizeMaximum Income Limit 1$38,050$43,450$48,900$54,300$58, 2650$63,000$67,350$71,700 3 4 5 6 7 8 b.Must not have assets (total combined for all household members) in excess of $100,000. NOTE 1: The appraised value of the applicant’s property is excluded in total assets calculation. NOTE 2: Household income is calculated based on HUD’s Technical Guide for Determining Income and Allowances for the HOME Program as described in the City’s Home Improvement Program Policies and Procedures Manual. 5.Must have acceptable credit under the City of Denton Community Development underwriting policy. Applicant(s) must exhibit the financial ability to pay creditors, including the following basic housing expenses: a.Home Mortgage Payment, including the loan with the City of Denton for Home Improvement assistance; b.Loan and revolving credit payment(s); c.Property Taxes (City, County, DISD) for all owned properties; d.Homeowner’s Insurance Policy premiums; e.Utilities: electrical/water/sewage/solid waste and gas. 6.Must not have any active levy or judgment against applicant(s) or the property. 7.Applicants denied assistance due to poor credit history may be reconsidered for the program upon verifiable completion of six (6) consecutive months of successful debt management with GreenPath Debt Solutions, 723 South I35E, Suite 210, Denton, TX 76205, ww.greenpath.com/home.htm or other debt management companies. Note: Debt management will be recertified prior to signing contracts. Page 6 8.Must demonstrate that current and projected income exceeds projected housing expenses and would allow the applicant to maintain the dwelling. 9.Homeowner may be required to provide owner contribution toward project cost (see Section VII.A.). 10.Pre-existing mortgage note balance cannot exceed 80 percent of the property’s after appraised value for rehabilitation and 70 percent of the property’s after appraised value for reconstruction. 11.See "household" guideline at section III.B.10.a. below. NOTE: The City of Denton reserves the right to request an independent market analysis. B. Property Eligibility Requirements 1.Must be zoned to allow for single-family construction and be situated in a Targeted Neighborhood within the city limits of Denton (Refer to Targeted Neighborhoods Map - Appendix 2). 2.Must exhibit building code deficiencies that make the dwelling unsafe or unsanitary. 3.Structure must be more than 20 years old. 4.May not have existing property code violations (such as high weeds, trash, debris, junk vehicles, etc). Any liens placed on a property for correcting any past or present code violations must be paid in full by the time application processing occurs. Any items cited as a code violation on the property must be corrected or removed before assistance is provided. 5.Must be serviced by or be accessible to City-approved water supply, sanitary sewer and electrical system. 6.Must meet all of the City of Denton’s Land Development Codes. 7.Must comply with and meet all environmental regulations; i.e., historical, floodplain, noise, lead, etc. 8.May not exceed Community Development Replacement Housing Space Allowances Policy for reconstruction. Projects that would exceed the set standards due to property deed restrictions or neighborhood minimum requirements are not eligible for assistance. 9.Must be covered by an approved homeowner’s insurance policy. NOTE: If an applicant’s property is not currently insurable because of its present condition or the property is going to be reconstructed, the applicant must sign a HOMEOWNER AFFIDAVIT OF UNDERSTANDING AGREEMENT FOR HOMEOWNER’S INSURANCE to satisfy this eligibility requirement. Proof of homeowners insurance must be provided at completion of a rehab or reconstruction. 10.Households and/or properties previously assisted through this program may or may not be eligible for additional assistance as follows: a.A household that has received assistance to rehabilitate or reconstruct a home that they subsequently s old is not eligible for assistance on another housing unit. Page 7 b.A property that received rehabilitation assistance after August 1996 when the total dollar amount spent was above $40,000 is not eligible for additional assistance from this program. c.A property that received rehabilitation assistance before August 1996 may be eligible for additional assistance when all liens have been paid and released. d.A property that has received reconstruction assistance is not eligible for additional assistance from this program. IV. APPLICATION PROCESSING waiting list A. To be placed on the , applicants must meet the following criteria: 1. Household’s total gross annual income does not exceed current program income limits (See Appendix 1). 2.Property is occupied by the owner and is their principal residence. 3.Property is located in a Targeted Neighborhood (see Appendix 2). 4.Property meets all requirements in Section III.B. 5.Applicant must complete a Waiting List Application Form and attach a copy of their property deed or proof of ownership. (Waiting List Application Forms are available at the Community Development Division, 601 E. Hickory Street, Suite B Denton, Texas, 76205, 940-349-7726.) B. Upon submission of a waiting list application to Community Development, applicants are placed on the waiting list in the order in which their application was received. C. When applicant reaches the top of the waiting list, they will be notified in writing to complete the application process and must provide all items requested on the checklist. In addition to checklist items, further documentation may be required to process application. NOTE: Contact deadline dates will be specified in the notice to apply letter from Community Development. Applicant must schedule an appointment to apply and must submit required application information prior to the stated deadline. These deadlines are strictly enforced. D. Application information regarding household income and composition must be complete, accurate and up-to-date. All information will be verified by Community Development staff. Any intentionally falsified information will cause the application to be rejected and the applicant will not be allowed to reapply. Failure to disclose information that may affect eligibility requirements shall also constitute fraud. Applicants shall be required to make full restitution to the City in the event Community Development services are provided to applicants who provided inaccurate or incomplete information in order to meet eligibility requirements. E. Applicant must provide a detailed personal budget that includes the household’s expenditures and net incomes to determine if household has enough discretionary income available to pay back a loan to the City. Page 8 F. Applicant must attend a homeownership workshop, with emphasis being placed on maintenance, budgeting, cost effective decorating, and responsibilities of home ownership. G. Community Development staff will notify eligible applicant(s) of the financial assistance category he/she is eligible for under the program guidelines. Applicant will be notified that final eligibility for assistance is determined upon completion of the feasibility study of the property. Ineligible applicants will be notified of the reason their application for assistance is being rejected. H. Any applicant who feels that s/he has been unjustly denied assistance under the Home Improvement Program should follow the appeal procedure outlined in Section VI. V. SELECTION OF RECIPIENTS FOR ASSISTANCE A. Assistance will be provided to households based on the following: 1. Households assisted. Assistance will be provided on a first come, first served basis. The date upon which the Eligibility Certification Part I was approved will be used to determine the order of assistance. 2. Funding availability. The HIP Program project targets stated in the Action Plan must be met. If funds needed to complete a project are not available, the applicant will be assisted based on the date of application submission when funds become available. 3. Funding available for reconstructions. Annual (CD program year) HIP funding will assist a maximum of two reconstructions. All other funding available will be used for rehabilitation of existing units. However, if no housing units on the waiting list are viable rehabilitation projects, additional reconstructions may be necessary to meet Federal expenditure requirements. B. Community Development Staff will provide counseling and assistance as needed to facilitate the applicant's rehousing/housing, including the following: 1. Information on the program and rehousing/housing options available. 2. Assistance in soliciting bids for replacement housing. 3. Assistance in contractual compliance between applicant and contractor. 4. Assistance in inspection of construction of replacement dwelling, if applicable. C. When a home requires reconstruction and the applicant has a Denton Central Appraisal District “Over 65” exemption, staff will place this project in a position to begin that ensures it can be demolished and reconstructed within the same calendar year in order to preserve the exemption. In some instances, that may require a delay in assisting by three or four months. VI. WAIVERS AND APPEALS PROVISION A.Request for Waiver: The City of Denton Home Improvement Program must follow specific guidelines in order to assure proper administration and management. In the event that an applicant feels that his/her circumstances require special consideration, s/he may request, in writing, a waiver from the usual requirements. All requests should specify the requirement(s) to be considered for waiver and state the applicant’s reason(s) or special circumstances why s/he believes a waiver should be approved. The Community Page 9 Development Administrator will review requests on a case-by-case basis. Applicant will be notified in writing of the final decision. VII. FINANCIAL ASSISTANCE Owner Contribution A. is a percentage of the total project cost that the applicant must provide at contract signing. These funds are held in an escrow account and will be expended before City funds are used when making contractor payments. The owner contribution increases on a sliding scale as household income increases. See Appendix I for percent of owner contribution by income ranges and family size. City of Denton Funds: B. The City of Denton will fund the remaining project costs using Federal HUD CDBG and HOME dollars, program income and private funds, when available. Term of the Note C. is determined by the activity to be completed and/or total project cost as follows: Activity / Project Cost Term Rehabilitation/Below $10,000 60 months (5 years) Rehabilitation/Between $10,000 - $25,000 120 months (10 years) Rehabilitation/Above $25,000 - $45,000 180 months (15 years) Reconstruction or Rehabilitation/Above $45,000 240 months (20 years) Financial Assistance Levels D.: The City-funded dollars are payable through a two-part loan. See Appendix I for income ranges by household size, payable to deferred loan ratios and description of Payable and Deferred loans. E.Applying to the Home Improvement Program is voluntary. Funds for temporary relocation are not provided. VIII. CONTRACT REQUIREMENTS A.The City of Denton will be in the first lien position. When a first lien position is not possible, the City may accept second lien position, subject to the review and approval of the Community Development Administrator. Liens are released once all the requirements and conditions of the deed and promissory note have been met. DEFAULT ON CONTRACT: B. If the applicant defaults on their contract, the lien will be called due in full, and referred to the City of Denton’s Legal Department to begin acceleration of the note as allowed by law. The City will make every effort to work with the applicant to avoid foreclosure and will examine each situation on a case-by-case basis. Examples of loan default include, but are not limited to: 1.) Delinquent loan payments; 2.) Failure of grantee to reside in the assisted dwelling unit as the principal residence of applicant; 3.) Failure to maintain adequate homeowner insurance coverage; 4.) Failure to pay property taxes when due;5.) Failure to pay utility bills when due. SALE OF PROPERTY: C. In the event the grantee sells the property prior to maturity of the note, the sum of the unpaid balance of the loan and the unforgiven balance of the deferred loan amount will become due immediately.Under no circumstance will assistance be provided to grantee on any future property purchased. Page 10 DISCONTINUATION OF RESIDENCY: D. In the event the owner(s) no longer resides in the unit due to death or a permanent medical condition and the heirs/owner decide to sell the lesser of property, the City of Denton will accept as settlement of the note the : 1.Sixty-five (65) percent of the property’s market value at the time of sale (the City or, reserves the right to conduct an independent appraisal), 2.Payment of the entire loan balance (both payable and forgivable) owed at the time of grantee's death or date grantee was no longer able to reside in his/her home due to medical reasons. If the heir(s) decides a family member will permanently reside in the property, the City of Denton will negotiate a modified and/or continuation of the note depending on beneficiary income and ownership circumstances. If the heirs decide to set up the property as a rental unit, they will pay the balance due as calculated in "D" above and may request a monthly payment arrangement. The heirs will be required to 1.) gain simple fee title ownership to the property; 2.) complete the application process providing household income and backup documentation, when an heir will become owner; and, 3.) sign a Modification of Note and Lien. NOTE: Invoicing on the balance due will resume in three (3) months from “event” date unless other arrangements are requested by heir(s) and approved by the Community Development Administrator. TEMPORARY DISCONTINUATION OF RESIDENCY: E. In the event the owner(s) temporarily discontinues residence due to a medical condition, but has a all intention to return to the primary residence; owner must continue to make timely loan payments and comply with the following: 1.Keeping the property in good repair and condition; 2. Paying all taxes and assessments on the property when due; 3. Preserving the lien's priority as it is established in this deed of trust; 4. Maintaining in a form acceptable to Beneficiary, an insurance policy; If a house remains vacant for 60 days or longer, an insurance company could cancel a. the policy, or deny claims. It is the homeowner’s responsibility, if the home is vacant for more than 60 days, to ensure that the house has required insurance coverage. Homeowner is responsible for contacting their insurance company to ensure coverage. Coverage must comply with the following: covers all improvements for their full insurable value - contains a replacement cost coverage clause for the reconstructed structure - provides fire and extended coverage, including windstorm coverage - protects Beneficiary with a standard mortgage clause - provides flood insurance at any time property is in a flood hazard area. - After homeowner returns home, it will be the homeowner’s responsibility to b. ensure that the policy is a homeowner’s insurance policy and complies with all contract requirements. Page 11 LOSS OF HOUSEHOLD INCOME: F.If, after the project begins, a household experiences a permanent, substantial loss of household income, an applicant may request a re-evaluation of their total annual gross household income. This evaluation may result in a decrease in the The loss of income must be from an income-earning payable portion of the note. household member(s) whose income was used in determining the original loan assistance Please note: category. Loss of employment (voluntarily or involuntarily) is not considered a “permanent loss”. For purpose of this program “permanent loss” is defined as: 1.death 2.retirement (must be 62 years of age or older) 3.permanent disability 4.Other substantial permanent loss of income, when approved by Community Development Administrator. All household members must complete all income information and forms as required in section IV, Application Processing - Application processing will be completed to determine if an adjustment and/or extension to the payable portion of the note is eligible. A determination will be made after evaluating the household size and income using the program guideline income limits and financial assistance categories that are being used at the time the request for reduced loan payment is made. When a loan adjustment and/or extension is granted, the applicant must sign a Modification and Extension of Real Estate Note and Lien reflecting the adjustment and/or extension of the note. IX. PROJECT FEASIBILITY CRITERIA A. A decision as to the type and amount of assistance an applicant is allowed is based on the feasibility of a property to be rehabilitated. An assessment will be completed using the following factors: 1. Determine if the rehabilitation cost will be affected by: the zoning of a property, a property being located in a designated 100-year floodplain or floodway, a need to abate possible presence of lead-based paint, possible historical restoration requirements, or if a rehab will reduce noise levels if property is in a high noise area. NOTE: The Floodplain Management regulations may limit the total cost of all non- code repairs for any dwelling located in a designated 100-year floodplain to 50 percent of a property’s pre-rehabilitation appraised value as set by the Denton Central Appraisal District (dwelling [not land] value only). 2. Determine if the framework and foundation of a dwelling are stable, or can be made stable through rehabilitation. (May allow for structural engineer evaluation of structure when staff cannot determine.) 3. Lead-based paint hazard reduction techniques will be used when lead-based paint exceeds HUD’s acceptable limits for lead content in existing paint. The limits for lead content exceed HUD’s limits when lead content exceeds 1 mg per cm² (one milligram per centimeter squared), or 5000 ppm (parts per million). The reduction techniques used by this program are described and found in the U. S. Department of Housing & Urban Development’s publication, Guidelines for the Evaluation and Control of Lead- Based Paint Hazards in Housing, issued June 1995. Page 12 NOTE: The homeowner may be required to make arrangements for household’s relocation if it is required in the Homeowner Protection Plan for Lead Based Paint Hazard Control work. See Lead-Based Paint Hazard Control Policy & Procedure for more information. 4. Is a room addition(s) needed to relieve serious overcrowding? NOTE: Room additions and improvements to relieve serious overcrowding may be eligible and require the approval of the Community Development Administrator. B. A structural evaluation and project cost determination is completed. Projects that will exceed the Project Cost Limits (Section X) are not eligible for rehabilitation assistance. Applicant may be referred for optional reconstruction assistance. X. PROJECT COST LIMITS A. A rehabilitation project must meet all of the following tests to be considered feasible to rehabilitate. Projects not feasible for the rehabilitation activity may be eligible for reconstruction and must meet the cost criteria in items 2 and 3 of this section. Rehabilitation: 1. Using the post project square feet (properties less than 1000 SF use 1000 SF to calculate), rehabilitation is limited to $55 per square foot of total living space up to a maximum bid limit of $70,000, plus 10% for potential change orders. Exceptions: An additional $10 per square foot may be available to comply with lead reduction. An additional $10 per square foot may be available to comply with historical requirements. When rehabilitation includes either lead-based paint and/or historical work, a project bid is limited to a maximum of $80,000, plus 10% for potential change orders. Reconstruction: 2. Bids submitted contractors must be reasonable and must not exceed more than 5 percent of Community Development’s cost estimate. 3. 4. The after project appraised property value will not exceed 95% of the current Single Family Mortgage Limit for Denton as established by HUD (See Appendix I). B. PROGRAM MINIMUM LIMITS FOR Home Improvement projects: A dwelling needing less than $5000 of repairs is not eligible for Home Improvement Program assistance. XI. ALLOWABLE EXPENSES Federal CDBG and HOME grant funds will be used to pay for eligible project costs to complete substantial rehabilitation of existing owner-occupied properties and reconstruction of substandard owner-occupied properties. Some allowable fees are: o Cost of room addition(s), to relieve serious overcrowding when approved by the Community Development Administrator. o Demolition of substandard structures as needed to complete projects. o Costs necessary to build modest, energy efficient, safe and sanitary replacement of principal residences Page 13 o Other eligible expenses the Community Development Division determines necessary to facilitate the completion of activities allowed by this program (Example: title search, filing fees, platting, engineering reports, permit and tap fees, etc.) o Eligible administrative costs. o Other fees and costs as allowed by the CDBG and HOME regulations. NOTE: Funds for temporary relocation during project construction are not provided. XII. PROGRAM ACTIVITY OPTIONS The Home Improvement Program provides three options. The process required for all activities will be: Process o CD staff will complete a project feasibility study. This inspection will include a detailed evaluation of all deficiencies needing to be addressed to bring the dwelling up to minimum program standards. o Activity option determined based on feasibility criteria (Section IX.). o Project details completed and approved by applicant. o CD staff completes a cost estimate of the work to be completed. o CD Administrator certifies the project as "eligible" or "not eligible." o If eligible for reconstruction, applicant must sign the Temporary Rehousing Questionnaire and Agreement (Appendix 4) or for rehabilitation of homes built before 1978, the Lead Based Paint Hazard Control Relocation Policy and Procedure (Appendix 6). o Bid packet is prepared, bid out as described in Contractor Selection and Monitoring (Section XIII), owner chooses contractor from eligible bids, contracts are signed and project begins. o The City’s Building Inspections and CD staff inspects project's progress routinely to ensure compliance with City codes and project specifications. Community Development staff completes final inspection. o For reconstruction activity, owner must have utilities connected and provide proof of homeowner's insurance before property can be occupied. o Project is closed upon contractor receiving contingency payment; owner receives loan payment schedule; invoicing begins. In the event a procedure is not addressed in these guidelines the Program Manager will determine the best course of action. A. Owner-Occupied Rehabilitation This activity will assist eligible applicants to rehabilitate single-family principal residences by making needed repairs with the first priority being to correct code violations. This activity is eligible when a completed project will yield a structurally sound, safe, sanitary and decent single-family dwelling that meets City's building codes (see Section IX). B. Optional Reconstruction Page 14 The reconstruction activity is offered when existing dwellings are not feasible for rehabilitation. Optional reconstruction provides funds to demolish existing dilapidated dwellings and reconstruct modest, energy efficient, safe and sanitary replacement single- family dwellings. XIII. CONTRACTOR SELECTION AND PROJECT MONITORING All applicants are responsible for finding a contractor who will develop a proposal to complete approved home improvement activity. Eligible applicants may request assistance from Community Development staff to help homeowner with the bidding process. The homeowner may elect to seek a bid proposal from a qualified contractor of their choice. Bids by contractors submitted by the applicant must be reasonable (within 10 percent, high or low, of the Community Development cost estimate). Contractors selected by the applicants must meet eligibility and insurance requirements. Contact any reputable and experienced contractor and request a bid for the required work. IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of the following places for assistance: • Your local Better Business Bureau • Any friends or neighbors who have had remodeling done to their properties. • Chamber of Commerce • Community Development Contractor’s List When a contractor comes to meet with you, you should: • Show him/her the mandatory work items that have been identified by the Community Development per the work write up, construction plans and project standards. • Advise him/her that the bid proposal must be returned to you for submission to the rehabilitation program by a due date. DO NOT SIGN ANY AGREEMENT WITH THE CONTRACTOR. Owner must submit the contractor’s bid proposal to the Community Development at 601 E. Hickory Street, Suite B Denton, TX 76205. The Community Development staff will review the proposal to verify that: 1. The contractor is licensed and has all City-required insurance coverage. 2. All required improvements have been included in the bid. 3. The proposed work is in conformance with the program’s General Specifications. 4. All proposed costs are reasonable (as verified by CD staff prepared cost estimate). 5. The contractor chosen by owner has not been disqualified by any local, State or Federal government agency. Any contractor whose name appears on the most current HUD or City of Denton Debarred Contractor’s List will not be eligible to participate in this program. References will be checked Page 15 and claims of substandard workmanship will be cause to declare a contractor ineligible. The contractor must also submit all required proof of insurance forms and bonds (if applicable). Failure to submit these will result in rejection of the bid proposal. The bid proposals that are submitted by the applicant will be reviewed by Community Development to determine if the total bid price is reasonable per cost estimate and under the maximum allowable amount. THE CITY OF DENTON AND THE APPLICANT RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. If the Community Development Administrator approves the bid proposal submitted by the applicant, the Community Development staff shall proceed. A construction contract must be signed. Before the contractor can start work, the applicant must issue a notice to proceed. After the owner’s three day right of rescission has passed, contractor must apply for and obtain approved appropriate building permits as required by the City of Denton Building Inspections Division before any work may begin. When a project involves reconstruction of a substandard home, contractor must have an approved building permit in hand prior to applying for a permit to demolish the substandard structure. The contractor’s work will be monitored by the applicant, Community Development staff and the City of Denton building code inspector. If the applicant considers any work done by the contractor to be unsatisfactory or incomplete, the applicant should advise the contractor of the discrepancy and ask that it be corrected. In the event a dispute exists between the applicant and the contractor with respect to the work, the City shall take appropriate action in accordance with the provisions of the construction contract to assure that the applicant is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Department Director shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work 1. Final Inspection: In order for the contractor to close out a project, a final inspection shall be made by the City of Denton building code inspector, the Community Development staff, and the applicant. If the final inspection results in no additional work or no specified corrections, the applicant shall sign final payment request stating that all work has been completed to their (applicant’s) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is advised to submit to the Community Development copies of all warranties and releases of liens from subcontractors and suppliers prior to contingency payment. 2. Warranty of Work As stated in the contract, the contractor shall guarantee the work performed for a period of at least one-year from the date of final acceptance. The contractor will return in thirty (30) days and ask the applicant if any additional repairs are necessary. Any deficiencies or necessary repairs to specified work will be completed at this time. XIV. PAYMENTS TO CONTRACTOR A.The contractor shall receive approved final payment, minus a 10 percent contingency, for completed contract within 15 working days after final inspection approval. The contingency Page 16 is calculated on the final contract amount by adding the total project bid amount plus or minus change orders, minus, if applicable, the cost for demolition. Contingency is withheld for thirty (30) days from the date of final acceptance by Community Development staff. After thirty days, if no additional or warranty work remains, the contractor must request written approval from owner and CD staff to release withheld contingency funds. Contractor must endorse the Mechanic's Lien Note over to the City of Denton and sign a release of note and lien of the Mechanic's Lien Contract before contingency payment can be released. B.A contractor may request interim-project payments throughout the course of the project. Interim payments will be made available to the contractor upon applicant and CD staff approval of any contract work that has been completed. Contractor will submit a CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC STATEMENT form to the applicant when requesting payments. C.An “All Bills Paid” affidavit and release of lien from all subcontractors and suppliers must be submitted to the Community Development before final payment can be released to contractor. Any electrical, plumbing, mechanical, window and/or other required permits, Energy Star certification, when required, and termite inspection report must also be submitted to the Community Development prior to releasing contingency payment to the contractor. XV. CONTRACTOR DEBARMENT A.A contractor will be declared ineligible to participate in projects funded by the City of Denton Home Improvement Program for one or more of the following causes: 1. Failure to complete a project within the prescribed contract period. 2. Failure to complete warranty repairs within a reasonable time period. 3. Failure to use licensed plumbing and electrical subcontractors. 4. Failure to obtain City-required insurance, i.e., general contractor’s liability, automobile liability and builder’s risk (if applicable). 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 6. Failure to pay all subcontractors working on the project appropriately and/or by not submitting affidavits of payment signed by all subcontractors. 7. Failure to obtain proper permits for work in progress. 8. Failure to treat applicants with respect and courtesy. 9. Other offenses not described here when the Community Development Director believes a contractor's action(s) does not serve the best interest of the program, the City or the applicant. B.Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in writing to the CD Administrator, Community Development Division, 601 E Hickory St., Ste. B, Denton, TX 76205-4303 by the 15th day from the date of the notification letter. Page 17 APPENDICES Appendix 1 Qualifying Income Limits and Ranges for the City of Denton’s Federally Assisted Programs Appendix 2 Target Neighborhoods Map Appendix 3 Homeowner HOME Certification and Agreement to Participate in the Home Improvement Program Owner Occupied Assistance Appendix 4 Temporary Rehousing Questionnaire and Agreement Appendix 5 Space & Amenity Allowances For Reconstruction Activities Appendix 6 Lead Based Paint Hazard Control Relocation Policy and Procedure Page 18 APPENDIX 1 FY 2014/2015 City of Denton Community Development Division Qualifying Income Limits for Federally Assisted Programs Rehabilitation and Optional Reconstruction Eligible Income Ranges (The income limits are set by HUD - adjusted on HUD’s effective dates) 2-Part Loan *60% Payable /*40% Payable/*25% Payable/*15% Payable/ Ratio* 40% Deferred 60% Deferred 75% Deferred 85% Deferred Owner1% of Total.75% of Total .5% of Total .25% of Total ContributionProject Cost Project Cost Project Cost Project Cost Income Range Extremely-Low ModerateLowVery-Low 30% 80% AMI – 65% AMI 65% AMI – 50% AMI 50% AMI – 30% AMI Family Size AMI 1 $38,050 – 30,951 $30,950 – 23,801 $23,800 – 14,251 $14,250 or below 2 $43,450 – 35,351 $35,350 – 27,201 $27,200 – 16,301 $16,300 or below 3 $48,900 – 39,801 $39,800 – 30,601 $30,600 – 18,351 $18,350 or below 4 $54,300 – 44,151 $44,150 – 33,951 $33,950 – 20,351 $20,350 or below 5 $58,650 – 47,701 $47,700 – 36,701 $36,700 – 22,001 $22,000 or below 6 $63,000 – 51,201 $51,200 – 39,401 $39,400 – 23,651 $23,650 or below 7 $67,350 – 54,751 $54,750 – 42,101 $42,100 – 25,251 $25,250 or below 8 $71,700 – 58,301 $58,300 – 44,851 $44,850 – 26,901 $26,900 or below Appendix 1 Page 19 two-partAppendix 1 (Continued) *In this loan: Part I: Payable Loan is based on a percentage of the total City-paid project cost (see Section VII.D.). The payable portion of the loan is amortized over the term of the note (60 to 240 months - see Section VII.C.), and carries a 2 percent interest rate. There is no penalty for paying the payable loan off early. Part II: Deferred Loan is based on a percentage of the total City-paid project cost (see Section VII.D.). This portion of the loan carries a zero percent interest rate. For every month applicant complies with deed and note requirements, a fraction of the deferred loan is forgiven (on a 5-year note, 1/60, on a 10-year note 1/120, on a 15-year note 1/180, and on a 20-year note 1/240). The deferred loan terms are from between 60 to 240 months (5 to 20 years) based on project cost and/or type of assistance activity (see Section VII.C.). At the end of the contract term the deferred loan is forgiven, provided applicant has satisfied all the conditions listed in the Deed of Trust and Promissory Note. The deferred loan is secured by a lien on the property. *Persons age 62 or older are eligible to receive a reduction of half of the payable loan percentage (rounded down). The reduced amount will be added to the deferred portion of the loan. Reportable Income: Gross income for all household members aged 18 and above must be included to determine household’s eligibility to receive assistance; however, some household members’ incomes may payback category be excluded when determining the that the eligible household will be approved for. They are: applicant’s children, grandchildren or legal guardians of the applicant who are ages 18 up to 26 and/or children aged 22 up to 26 who are full or part-time students. Incomes for household members aged 26 and payback category older will be included in determining the for the household. : Income Limit Source:U.S. Department of Housing and Urban Development. Effective 12/18/2013 95 Percent of the 2012 After Rehab Value Limit for Denton ($199,315) = $189,349 Effective: 3/29/2012 Appendix 1 Page 20 APPENDIX 2 City of Denton, Texas Targeted Neighborhoods Map Appendix 2 Page 21 APPENDIX 3 Home Improvement Program HOME Beneficiary Written Agreement Homeowner Name(s) & Property Address: As stated in 24 CFR 92.504, each recipient of HOME funds must enter into a written agreement with every entity that benefits from the use of the awarded funds. This HOME Investment Partnerships Program Home Improvement Agreement (“Agreement”) is entered into by the City of Denton, Texas, (“City”) and Homeowner Name (hereinafter called “Homeowner” whether one or more persons). This Agreement applies only to the Homeowner and dwelling unit (“Property”), as identified above. This Agreement describes the HOME Program rules that pertain to the assistance provided through the City of Denton’s Home Improvement Program. By initialing the items listed below, Homeowner confirms that each item has been read and Homeowner understands and agrees to comply with each item, as applicable: 1.USE OF HOME PROGRAM FUNDING ____ ____ The City will provide HOME Program funding in the estimated amount of $.00 to assist with the cost to rehabilitate/reconstruct the Homeowner’s Property as listed above. Rehabilitation of an owner-occupied home; Reconstruction of an owner-occupied home on an existing site ____ ____ At the time Homeowner is approved for HOME Program assistance, Homeowner has an ownership interest in and occupies the Property to be rehabilitated/reconstructed as his/her principal residence. Homeowner agrees to continue to occupy the Property as his/her principal residence for 5-20 years from the date the rehabilitation/reconstruction work is completed. This is called the lien period. ____ ____ At the time Homeowner is approved for the HOME Program assistance, the Homeowner qualifies as a low-income household with a gross household income that does not exceed 80% of the area median income as established by the U.S. Department of Housing and Urban Development for the Dallas TX HUD Metro FMR Area, adjusted for household size, and as updated annually. $.00 Area Median Income (adjusted for family size ) ____ ____ The HOME Program assistance provided by the City will be secured by a promissory note and recorded subordinate deed of trust (no lower than second position). Monthly payments will be required on this payable portion of the assistance at 2% interest. The deferred loan portion will be provided at 0% interest and will be forgiven, as listed on promissory note, for each full month the Homeowner uses the Property as his/her principal residence during the lien period. For more details, please review Home Improvement Program Guidelines. Actual payment information will be included in the Promissory Note. ____ ____ Housing rehabilitation/reconstruction work will provide general rehabilitation/reconstruction necessary to bring the structure into compliance with the City of Denton’s applicable written building codes and property standards, housing rehabilitation/reconstruction program standards, lead-based paint regulations, and HOME Program property standards. Rehabilitation/reconstruction work to be completed will only be as specified in the approved written work specification for the Property and any approved change orders. Said City of Denton applicable written building codes and property standards, housing rehabilitation/reconstruction program standards, lead-based paint regulations, HOME Program property standards, and written work specifications and change orders are incorporated herein by reference. Appendix 3 Page 22 ____ ____ The after-rehab value of Property must not exceed the 203(b) FHA Mortgage Limits for the Dallas-Fort Worth- Arlington, TX metropolitan area. $189,349 (1 unit) 203(b) FHA Mortgage Limit: REHAB: Estimated Milestones 5-107-12 days 12-24 days 24-30 30-60 days 50-75 days 75-90 days daysdays PermitsWork begun - Electrical & HVAC,Drywall,Painting,Miscellaneous issuedFoundationPlumbingWindowscabinetry,Floorfinish out. repairs and rough - & doors. finishcoverings, roof begun StructuralPlumbingAttic repairs begun andinsulation Electrical RECONSTRUCT: Estimated Milestones 30-4040-50 days 50-65 days 65-80 days 80-100 days 100 days days PermitsDemolition FoundationFraming,Plumbing,Seconds issuedand clearance includingsheathing and electrical,Inspection plumbingroofing HVAC & including roughwindows sheathing 100-115 days115 days 115-125 days 125-150 days150-175 days 175-180 days WallInsulationDrywall, texture, Painting,HVAC, electricalFinals insp. And insulation, inspection & and trim out incl cabinetry floors& plumbingE/S insp. masonryEnergy Star 1doorsfinish out st inspection 2.PROPERTY STANDARDS ____ ____ All rehabilitation/reconstruction work write up/bid specifications/plans, completed by Community Development staff, will be completed in compliance with the City’s Home Improvement Program written property standards and all applicable written local building and property codes and standards. REHABILITATION – Repairs are made to the existing home in order to eliminate its construction deficiencies, in accordance with the Home Improvement Program Minimum Construction Standards as established by the City of Denton Home Improvement Program. The homeowner may be required to make arrangements for relocation while the rehabilitation takes place. RECONSTRUCTION – Due to excessive construction deficiencies which cannot be repaired or rehabilitated sufficiently to meet required minimum construction standards, the existing structure is demolished and replaced with a newly constructed home built on the same site. Reconstructed homes must comply with 2009 International Residential Code (IRC) standards. The homeowner will be required to make arrangements for relocation while the reconstruction takes place. ____ ____ Home Improvement assistance will only be provided to cover the cost of rehabilitation/reconstruction necessary to bring the property in compliance with locally adopted, written building and property standards, Rehabilitation/reconstruction Program standards and, applicable Federal and State building and property standards. 3.WRITTEN AGREEMENT PROVISIONS ____ ____ Homeowner will enter into a written agreement with the Homeowner-selected, qualified Contractor for the completion of rehabilitation/reconstruction work. The written agreement shall include the scope of work, the cost of Appendix 3 Page 23 the work to be completed, and the time frame during which the scope of work must be completed, all of which have been reviewed and approved by Homeowner, City, and Contractor at the preconstruction conference. 4.DEFAULT ON CONTRACT OR SALE OF PROPERTY ____ ____ If the homeowner defaults on their contract, the lien will be called due in full, and referred to the City of Denton’s Legal Department to begin acceleration of the note as allowed by law. The City will make every effort to work with the homeowner to avoid foreclosure and will examine each situation on a case-by-case basis. Examples of loan default include, but are not limited to: 1.Delinquent loan payments; 2.Failure of grantee to reside in the assisted dwelling unit as the principal residence of applicant; 3.Failure to maintain adequate homeowner insurance coverage; 4.Failure to pay property taxes when due; and 5.Failure to pay utility bills when due. ____ ____ SALE OF PROPERTY: In the event the homeowner sells the property prior to maturity of the note, the sum of the unpaid balance of the loan and the unforgiven balance of the deferred loan amount will become due immediately. Under no circumstance will assistance be provided to grantee on any future property purchased. For more details and information, please refer to Home Improvement Program Guidelines. By signing below, Homeowner acknowledges receipt of this document and understanding of its contents. Name, Homeowner Date Alma Espino, Housing Programs Manager, City of Denton Date Appendix 3 Page 24 APPENDIX 4 TEMPORARY REHOUSING QUESTIONNAIRE AND AGREEMENT Your participation for optional reconstruction assistance is voluntary. Reconstruction funds are limited therefore; the Program does not cover costs necessary for household to relocate during reconstruction of the property. Please complete the following questionnaire. This information will help our staff in determining if you will be eligible for optional reconstruction assistance. 1. I understand that costs will begin to incur that may include but are not limited to filing, platting, re-platting, title search, property surveys and other costs deemed necessary. I understand I will be responsible for these costs, even though project may or may not be completed. Yes No 2. I understand that it is my responsibility to relocate my household, before the reconstruction and after the reconstruction is completed, and that I am responsible for all costs involved to do so. I also understand that I must vacate permanently the currently occupied substandard dwelling within 10 days notice by the City. Yes No 3. I understand that as a result of reconstruction, my appraised property value, set by the Denton Central Appraisal, may increase significantly from the amount at which it is currently valued. Yes No 4. I understand that an increase in my property value may cause my property taxes to increase by a significant amount. I am financially prepared to meet any increase. Yes No 5. I understand that I am obligated to carry homeowner's insurance for the duration of the lien (20 years) that the City of Denton will have on my property. I understand that I must request that my insurance company list the City of Denton as a "Certificate Holder" on my policy. Yes No 6. I understand that my homeowner insurance premium will most likely increase as a result of the reconstruction. I am aware that my insurance policy must cover the after-reconstruction appraised value of my property. I am financially prepared to meet this increase. Yes No 7. I understand that I must take possession and occupy the replacement dwelling when the reconstruction is completed and the City determines it to be ready for occupancy. I understand that I may be required to resign contracts. Yes No 8. I understand that The City of Denton is limited in the amount of funds it can spend to reconstruct a property. I have been briefed on these limits and understand that my eligibility for optional reconstruction assistance will be granted only if it is determined that the total of all costs involved to reconstruct my property will be at or below the allowable program limit. Yes No This APPLICATION was completed by (Name) on (Date). By signing below, I am requesting that the City of Denton Community Development Division accept this as my application to be considered for optional reconstruction assistance. Applicant’s Signature Date Appendix 4 Page 25 APPENDIX 5 SPACE & AMENITY ALLOWANCES FOR RECONSTRUCTION ACTIVITIES The City of Denton may provide replacement single-family modest, safe, energy-efficient, decent dwellings. An EnergyStar® qualified home. Space and room limits for replacement housing are determined by household need. Replacement housing will provide up to the following: ENERGY Provided Space ® STAR 1 Kitchen 1 Dining Area or Kitchenette Qualified 1 Laundry Alcove 1 Food Pantry Closet and/or Cabinet Home 1 Coat Closet 1 Linen Closet 1 Living Area 2-3 Bedrooms*** W/Closets** Compared with standard 1 or 2 Bathrooms* 1 Attached (Non-Conditioned) Storage Area homes, ENERGY STAR qualified homes use Maximum Square Feet Allowed (Within 5 % +/-) substantially less energy 2 Bedrooms 1 bath - 1000 SF for heating, cooling, and 2 Bedrooms 2 baths - 1080SF water heating - delivering 3 Bedrooms 1 bath - 1150 SF in annual savings. 3 Bedrooms 2 baths - 1200 SF 4 Bedrooms 2 baths - 1250 SF (***must be approved) Amenities 1 Brick Mailbox 1 Ceiling fan per bedroom and 1 in Living Room 1 HVAC Unit (16-Seer AC)1 Front & 1 Rear Exterior Weatherproof Electrical Outlets 1 Front Entry Door 1 Rear or Side Entry Door 1 50 gallon Water Heater 1 Front, 1side& 1 Rear Hose Bibb 2-Car Driveway Space 1 Attic Access Stairs Programmable Thermostat Standard lighting including exterior safety lights front and back 1 Energy Star Refrigerator 1 4 burner Gas or Electric Range/single Oven (appliances if needed) Flooring: Owner chooses combination and placement of Carpet/Pad, Sheet Vinyl or Tile Vinyl Flooring - maximum of one carpet and one vinyl choice per house. Grass: Sod will be installed at a minimum of 5' wide around entire foundation/perimeter, 3' wide around sidewalks and driveway. Season-appropriate seed will be spread on remainder of un-sod yard. *Bathroom: A full bathroom may be made accessible to accommodate physically handicapped household member(s). Household may also select a 1/2 or 3/4 bath in place of a second full bath, if desired. **Clothes closets will ideally, when possible, provide a minimum of 4’ X 2’ of space per bedroom. ***Determining Maximum Number of Bedrooms from household makeup: A household may select up to a 3 bedroom 2 bathroom house based on need. A fourth bedroom may be requested in writing when a household believes there is a valid need for the additional space. The Community Development Administrator approves requests on a case-by-case basis. Under no circumstances will this program provide space exceeding that described above. Appendix 5 Page 26 Appendix 6 Lead-Based Paint Hazard Control Policy & Procedure The purpose of this Policy & Procedure is to provide guidance during rehabilitation of properties when lead-based paint has been identified as a hazard in homes occupied by low and moderate income families with children less than 72 months (six years) of age. The policy/procedure establishes standards, project timelines, etc., for eligible households receiving lead hazard control work through the Home Improvement Program. This policy and . procedure also provides a mechanism for obtaining agreement for and approval of temporary relocation provisions Please read the information in this policy/procedure in its entirety. If you agree with the information established for this project as outlined below, please sign and date the last page of this document and return it to the Community Development Division. Should you have any questions or concerns regarding this policy, please feel free to call (940) 349-7726 and schedule an appointment with staff. General Policies The following are general policies: Only properties that were built before 1978, occupied by families that are approved to participate in the Home Improvement Program and have children under 72 months of age are eligible for LHCG funds (when available). Lead hazards will be completed using Federal CDBG and HOME funds when LHCG funds are not available. Pre-hazard blood lead level testing for every child less than 72 months of age within 6 months prior to the start of rehabilitation/lead remediation work is required. Blood lead testing must be completed by a qualified medical agency. The child’s Blood Lead test results do not need to be provided, but documentation from the qualified medical agency must be provided documenting the child(ren) has been tested. Funds for temporary relocation during project lead hazard control work are not provided. Since the owner occupied rehabilitation programs are entirely voluntary, the Uniform Relocation Act does not apply. (Relocation requirements during lead hazard control work for elderly households may be waived by owners when no children live in or regularly visit the property). All back up documentation in individual project files and available for review on request. The files need to be maintained for the term of the loan. Environmental Requirements: Must comply with and meet all lead based paint regulations. Lead-based paint hazard reduction techniques will be used when lead-based paint exceeds HUD’s acceptable limits for lead content in existing paint. The limits for lead content exceed HUD’s limits when lead content exceeds 1 mg per cm² (one milligram per centimeter squared), or 5000 ppm (parts per million). The reduction techniques used by this program are described and found in the U. S. Department of Housing & Urban Development’s publication, Guidelines for the Evaluation and Control of Lead- Based Paint Hazards in Housing, issued June 1999 Appendix 6 Page 27 Inspection, Risk Assessment Testing, and Clearance Procedures: All lead hazard evaluations will be conducted by risk assessors. Risk assessments may be conducted either by staff or contracted through qualifying firms. Clearance tests for projects may be conducted by clearance sampling technicians. All lead hazard control methods will fall into the category of interim controls although some activity may in fact permanently remove lead hazards. Rehabilitation Specialists will use professional judgment and expertise in determining appropriate methods to address deficient conditions based on recommendations from the risk assessment. Homeowner Protection: Homeowner Protection Plan, TheHome Improvement Program requires that an includes all household members, mustbe in effect before lead hazard control work can commence. Safety is given first priority in determining these plans. Homeowner protection is mandatory and designed to protect homeowner(s), members of the household, pets Homeowner Protection Plan and personal belongings during lead hazard control work. The attached is specific to your lead hazard control project and was developed based on the scope of work to be completed. This Plan assures safe housing is available to the homeowner. These plans are the final decision and responsibility of the Lead Abatement Project Designer. By signing and dating the Home Improvement Relocation Approval page, you will be agreeing to the Homeowner Protection Plan that is a part of this document: Project Start Date: Project Start Date Once the homeowner(s) has selected a contractor a must be established. This date is determined through a cooperative effort and agreed upon by the contractor, homeowner(s) and Community Project Start Date Development staff. The three factors that must be considered to set a are: First: The date the contractor can actually begin the project. Contractor is to include time needed to meet the Three-day Right of Rescission requirement as well as any time needed to prepare for the project such as, ordering materials needed that must be available on the date the LHC work actually begins (windows, doors, etc.). Second: The date the homeowner(s) has prepared for all requirements of the Temporary Relocation Plans (as written above). This date must take into account all arrangements needed to be made by owner (such as hotel reservations, packing, storage, if required, and any other arrangements that must be made prior to the work beginning). Third: The date City of Denton staff can have contracts ready for signing (including a date all parties required to sign contracts will be available to sign) Project Start DateProject Start Date All parties must give priority to reaching an acceptable . Once a has been established, all parties will be notified of: Project Completion Date: The amount of time needed to complete a project is decided on a project-by-project basis but usually fluctuates from between two days and two weeks. The contractor is required to provide a set project completion date (or, provide the number of consecutive working days the project will take to complete). The Lead Abatement Project Project Completion Date Designer must approve this timeline. The will become part of the project contracts. Clearance Testing Requirement: Before homeowner(s) can return to the property, the property must pass: 1.) visual inspection; 2.) dust wipe; and 3.) soil clearance tests. If clearance is not achieved on first testing results, the relocation process must be prolonged to allow contractor time to achieve clearance levels (put the levels here). Reaching clearance is the responsibility of the contractor; therefore, any additional time required to meet clearance is the contractor’s responsibility. If the Project Completion Date must be extended because of a failed clearance test, liquidated damages will be enforced Appendix 6 Page 28 for every day homeowner(s) cannot return to the property. The contractor will also be responsible for lab fees, if retesting is required, and the cost of these fees will be deducted from the contract amount. Homeowner(s) will not be permitted to enter the worksite once the project has started for the duration of the hazard reduction activities until such a time that clearance testing has passed all requirements. Moving and Storage: Funds for temporary relocation during project rehabilitation/reconstruction are not provided. In most cases, Lead Abatement Project Designer household goods will not have to be moved. In the event the determines that some or all furniture and household goods must be moved out of the property, the Home Improvement Program will notify homeowner(s). If furniture needs to be moved: The homeowner(s) will be notified by Home Improvement Program of the areas where work will be conducted. These areas will need to bereadily available to the contractor to begin working. If furniture needs to be moved, closets emptied, shelves cleared etc., it is the responsibility of the homeowner(s) to relocate their possessions to assist the contractors timely and efficient work schedule. The homeowner(s) is responsible for packing and storing valuable possessions. Neither the contractor nor the City of Denton is responsible for missing or damaged property that has not been properly packed and stored by the homeowner(s). It is advisable that homeowner(s) make a checklist of all valuables stored. Steps for relocating a family: 1. A draft of relocation plan will be made by the Home Improvement Program. Contractor will submit plan of work schedule stressing all exterior work to be completed. 2. Home Improvement Program informs homeowner(s) of abatement commencement, preferably 10 days before. 3. Home Improvement Program starts paperwork and will advise and consult regarding extended period of relocation. 4. Home Improvement Program will inform or provide the family with: a. Information of time span required for the relocation. b. Everything they should take that they will need for the maximum number of days they will be relocated. c. All pets should be relocated or boarded. 7. Homeowner(s) will be made responsible for insuring that all household members are relocated during lead hazard control work and the house be made available to begin project. Homeowner(s) will provide keys to the contractor. 8. Home Improvement Program will inform Homeowner(s) of final clearance. If house does not pass clearance, thenHome Improvement Program will inform property homeowner(s). Appendix 6 Page 29 Home Improvement Program Lead-Based Paint Hazard Control Homeowner Protection Plan Includes all household members / pets / household goods and belongings Homeowner(s) Name: Project Address: Homeowner Protection: Pet Protection (If Applicable): Personal Belongings/Household Goods Protection: Other Instructions required for this project: Signed: Lead Abatement Project Date Plan Developed Designer Name Printed: Contract Signing Date 1.): Project Start Date 2.): Project Completion Date: 3.) NOTE One: If for any reason any of the dates established above cannot be met after they have been agreed upon, the party responsible for providing that date must notify a Home Improvement Program staff immediately to provide an alternate date. This action may cause further delays. All other parties will be notified if the established date must be changed and must agree to a new date. Appendix 6 Page 30 Home Improvement Program Project Relocation Plan Approval Date Policy/Procedure Received: Project Address: Homeowner Name(s): Homeowner Address: City State: Zip: Homeowner Phone: Contractor : City State: Zip: Contractor Address: Contractor Phone: By my/our signature(s) below, I/we acknowledge and agree to the terms as written in the Lead-Based Paint Hazard Control Policy & Procedure and the Homeowner Protection Plan. I/We understand that it is my responsibility to approve specifications; review the bids and select a contractor (subject to Home Improvement Program approval), to sign the construction contracts and change orders, and to approve the payouts. Homeowner Signature Homeowner Signature Date Date Homeowner Signature Date Community Development staff Signature City of Denton Community Development Division 601 E. Hickory, Suite B Denton, TX 76205 (940) 349-7726 Appendix 6 Page 31 Project Relocation Plan Approval Page 2 Steps for relocating a family: 1. A draft of relocation plan will be made by the Home Improvement Program. Contractor will submit plan of work schedule stressing all exterior work to be completed. 2. Home Improvement Program informs property homeowner(s) of abatement commencement, preferably 10 days before. 3. Home Improvement Program starts paperwork and will advise and consult regarding extended period of relocation. 4. Home Improvement Program will inform or provide the family with: a. Information of time span required for the relocation. b. Everything they should take that they will need for the maximum number of days they will be relocated. c. All pets should be relocated or boarded. 7. Homeowner(s) will be made responsible for insuring that all household members, pets and belongings are protected during lead hazard control work by complying with the “Homeowner Protection and Project Relocation Plans” and agree to make the house available to contractor to begin project. Homeowner(s) will provide keys, as required, to the contractor. 8. Home Improvement Program will inform Homeowner(s) of final clearance. If house does not pass clearance, then Home Improvement Program will inform property homeowner(s). Appendix 6 Page 32 City of Denton Community Development Home Improvement Program 601 E. Hickory, suite B, Denton, TX 76205 HOMEOWNER’S SERVICE AGREEMENT (Owner Name) I/we,, hereinafter referred to as Owner, have applied for assistance from the Home Improvement Program to complete a rehab and will include lead hazard reduction and controls on my property. If this assistance is granted, I understand that the Home Improvement Program will be inspecting my property, acting as Home Improvement Program’s technical agent and monitor of the lead hazard control project for the property, which is located atProperty Address. Owner’s Responsibilities I understand that even though Home Improvement Program provides a deferred loan*, it is my responsibility to approve specifications; review the bids and select a contractor (subject to Home Improvement Program approval), to sign the construction contracts and change orders, and to approve the payouts. I acknowledge that I have been advised that I should inspect the work as frequently as possible, and discuss with the contractor, or Home Improvement Program personnel any difficulties or poor workmanship observed. I understand that once materials are in place that cost of repair or replacement is substantial. Owner Protection and Temporary Relocation During Lead Hazard Reduction In most jobs that require lead hazard reduction, our agency requires appropriate actions to be taken to protect owner(s) and all members of the household from lead-based paint hazards. In those cases, owner(s) or no member of the household may not enter the worksite during the lead hazard reduction activities. Re-entry is permitted only after such activities are completed and the unit has passed a clearance examination. Owners of the unit do not have to be relocated if: rehab work will not disturb lead-based paint or create lead-contaminated dust; hazard reduction activities can be completed within one 8 hour daytime period and the worksite is contained to prevent safety, health or environmental hazards; exterior-only work is being performed where the windows, doors, ventilation intakes and other openings near the worksite are sealed during hazard reduction activities and cleaned afterward, allowing for a lead-free entry to be maintained; hazard reduction activities will be completed within 5 calendar days and the work area is sealed, the area within 10 feet of the containment area is cleaned each day, owner(s) or members of the household have safe access to sleeping areas, bathroom and kitchen facilities in the same housing unit or in another convenient location; and owner(s)or members of the household are not permitted into the worksites until after clearance has been achieved. If occupied units are to undergo more extensive lead hazard reduction activities, the owner(s) or members of the household must be temporarily relocated. Most often, furniture and owner’s or members of the household’s belongings can be covered and sealed with protective plastic sheeting, although storage of major furniture and removal of all small furnishings during the hazardous materials reduction work may sometimes be necessary. The owner(s) is responsible for carefully packing all breakables; removing all clothing from closets, etc. During the hazard reduction work, only workers trained in lead hazard reduction may enter the work site. This means that owner(s) and members of the household are not permitted to return to the work site during the day or at night. If you have special needs to re-enter the site, please contact your rehab specialist. Only when the unit has been cleaned to the federally- mandated standards and passed a clearance examination is it safe and permissible to return to your home. The rehab specialist will notify you with an Authorization for Re-Occupancy. Sometimes the jobs are completed in stages, with the lead hazard reductionwork occurring first and the other renovation work following. In these cases interim dust lead clearance must be obtained prior to re-occupancy by the owner(s) or members of the household and other non-lead related rehabilitation workers. Final lead dust clearance must be repeated following the rehabilitation work to verify that the residence is free of lead hazards. (Note: HUD has advised that relocation of elderly owners is not typically required, so long as complete disclosure of the nature of the work is provided and informed consent of the elderly owner(s) is obtained before commencement of the work.) Home Improvement Program’s Role A. I understand that Home Improvement Program provides work-in-progress inspections to me for their protection. However, these services are not a guarantee of any type, and do not make Home Improvement Program responsible for the quality of the work, or responsible for any contractor or worker’s performance. Appendix 6 Page 33 C. I understand that the staff of Home Improvement Program cannot be personally available for all inspections of each segment of the work performed on the construction site and that both Home Improvement Program and its employees, members, officers, and directors will reasonably rely on the competence and skill of each individual contractor as is normal in the course of such business negotiations, transactions, and execution of the contract. Home Improvement Program’s Emergency Authority I authorize the staff of Home Improvement Program to issue emergency orders and/or instructions in the event that the Residential Construction Specialist is available to observe the work in progress, and can anticipate that without authority to issue such instructions, work will be done which will substantially alter the intentions of the homeowner(s), injure the property or violate the specifications of the contact. Upon the issuance of such orders or instructions, Home Improvement Program’s Residential Construction Specialist will contact the general contractor or subcontractor most directly responsible for the work in question and the homeowner(s) as quickly as possible, and all parties will examine and approve or re-negotiate the work in question before the job proceeds. General Provisions A. I further agree to hold harmless and indemnify Home Improvement Program and its employees, members, officers, and directors, in connection with acts performed by them which would reasonably be associated with consultation, technical advice, financial counseling, loan processing, property inspections, and other related activities. B. I authorize the staff of Home Improvement Program to obtain or provide specific reports, such as personal credit reports, property title and tax searches, building code inspection reports, property appraisals, repair specifications, cost estimates, contractors bids (and such other reports which said staff deems necessary to perform its functions). C. Whenever the pronouns “I,” “my,” “we” are used in this agreement they shall mean “we,” “our,” and “us” respectively, if more than one owner signs below. Homeowner’s Signature Date Homeowner’s Signature Date Appendix 6 Page 34 COMMUNITY DEVELOPMENT DIVISION (940) 349-7726 Texas State Relay (telephone device for the deaf) by calling: TDD (800) 735-2989 Applicant is subject to all guidelines changes. www.cityofdenton.com ADA/EOE/ADEA Exhibit2 Ordinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0478,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheCityManagertoexecutean agreementbetweentheCityandDentonCityCountyDaySchooltoprovideCommunityDevelopmentBlock Grantfundsforimprovementstothefacilityat1603PaisleyStreet,Denton,Texas,76209;authorizingthe expenditure of funds therefore, not to exceed $102,767; and prov BACKGROUND DentonCityCountyDaySchool(DCCDS)isanonprofitchildcarefacilityprovidinglow-costdaycareforlow tomoderate-incomefamilies.DCCDSwillserveaminimumof80childrenranginginagefromtwo(2)years tofive(5)yearsofage.Parentsmustbeworking,goingtoschoolfulltimeordoingacombinationofbothto beeligible.DCCDSisopenfrom6:30amto6:00pm,MondaythroughFridayandislicensedbytheTexas DepartmentofProtectiveandRegulatoryServices.Inordertomeetcurrenthealthcodes,theCityofDenton CommunityDevelopmentBlockGrant(CDBG)fundswillbeusedtocompletevariouskitchen improvements/additions including but not limited to the followin Replacement of grease trap; Installation of new sinks; Installation of built-in commercial appliances. OPTIONS Approval of DCCDS funding agreement; No approval of DCCDS funding agreement. RECOMMENDATION Staff recommends approval of the funding agreement for DCCDS fac ESTIMATED SCHEDULE OF PROJECT City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0478,Version:1 Work specifications are being developed Bidding process to be completed by November 2014 Work to begin in November/December 2014 All improvements completed by March 2015 PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheCommunityDevelopmentAdvisoryCommitteerecommendedapprovaloffundingforimprovementsto theDentonCityCountyDaySchoolfacility.FundingfortheprojectwasincludedintheCitys 2014Action PlanforHousingandCommunityDevelopment.CityCouncilapprovedtheActionPlan,ResolutionNo. R2014-015, on May 6, 2014. FISCAL INFORMATION CommunityDevelopmentBlockGrantfundsisbudgetedfortheproject.CommunityDevelopmentstaffcosts to monitor construction and labor standards compliance is paid t BID INFORMATION N/A EXHIBITS 1.2014-15 City of Denton and Denton City County Day School Funding 2.Ordinance Respectfully submitted: Brian Lockley Director of Planning & Development Prepared by: Barbara Ross Community Development Administrator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit1 2014-15FundingAgreement Exhibit2 Ordinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0483,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT Consider approval of a resolution allowing DI2-Denton I, LLC, to alcoholic beverages at Oaktopia, September 20, 2014, from 2 pm u authorizing the City Manager or his designee to execute an agree providing for an effective date. Staff recommends approval. BACKGROUND TheOaktopiaFestivalisanoutdoorconcertthatwillbeheldonCitypropertyintheWilliamsTradeSquare. MattBattaglia,festivalorganizer,submittedarequest(Exhibit1)tosellalcoholicbeveragesduringthefestival that will be provided by DI2-Denton I, LLC. TheWilliamsTradeSquareisCityownedpropertyborderedbyE.HickoryandMulberryStreets;eastofWells FargoBank;andwestof210E.Hickory.Eventorganizersexpectatotalattendanceofapproximately2,000- 3,000 paid attendees. RECOMMENDATION Staff recommends approval of the resolution and agreement as sub for other events serving alcoholic beverages. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Othereventorganizersrequest(35Denton)toallowthesaleandconsumptionofalcoholonCitypropertyfor thislocationwasapprovedattheFebruary15,2011,andFebruary21,2012,CityCouncilmeetings.Oaktopia wasallowedthesaleandconsumptionofalcoholonCitypropertyatthislocation,andwasapprovedatthe October 1, 2013 City Council meeting . FISCAL INFORMATION None EXHIBITS City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0483,Version:1 1.Letter of Request 2.Resolution Respectfully submitted: Aimee Bissett Director, Economic Development Prepared by: Julie Glover Economic Development Program Administrator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0502,Version:1 Agenda Information Sheet DEPARTMENT:Parks and Recreatio n CM/ACM:John C. Cabrales, Jr. AGENDA DATE:September 16, 2014 SUBJECT ConsiderarequestforanexceptiontotheNoiseOrdinanceforthepurposeoftheOaktopiaFestivalsponsored byMonocleLLC.TheeventwillbeheldonCityproperty,WilliamsTradeSquare,andontheDentonCounty CourthouselawnonSaturday,September20,2014,from2p.m.to11p.m.Theexceptionisspecifically requestedtoincreasesoundlevelsfrom70to75decibelsandanextensionofhoursforamplifiedsoundfrom 10 p.m. to 11 p.m. Staff recommends approval. BACKGROUND TheOaktopiaFestivalwillfeaturelivemusicbynationalandlocalbands.Avarietyofvendors,artists,and foodtruckswillbepresentatWilliamsTradeSquare,city-ownedproperty,locatedeastoftheWellsFargo BankbuildingonHickoryStreet.BandswillbeplayingmusicontheCourthouselawnfrom2p.m.to9p.m. and at Williams Trade Square from 2 p.m. to 11 p.m. Event organizers expect an attendance of approximately 3,000 pai PRIOR ACTION/REVIEW CityCouncilapprovedtherequestforanexceptiontothenoiseordinanceandtoincreasethedecibelsfrom70 to 75 for the 2013 Oaktopia Festival. EXHIBIT Letter of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0502,Version:1 City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0489,Version:1 Agenda Information Sheet DEPARTMENT:Police CM/ ACM:Jon Fortune Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprohibitingparkingontheeastsideof HighlandParkRoadfromitsintersectionwithNorthTexasBoulevardtoitsintersectionwithWestridgeStreet; prohibitingparkingonthewestsideofHighlandParkRoadbeginning670feetfromitsintersectionwithNorth TexasBoulevardtoitsintersectionwithTremontCircle;prohibitingparkingforcertaintimeperiodsandonly whensignsareinplaceonbothsidesofUnderwoodStreetfromAvenueC(InterstateHighway35Eastaccess road)toitsintersectionwithHighlandParkRoad;prohibitingparkingforcertaintimeperiodsandonlywhen signsareinplaceonthewestandnorthsideofHighlandParkRoadfromitsintersectionwithNorthTexas BoulevardtothepointonHighlandParkRoad670feetfromitsintersectionwithNorthTexasBoulevard; prohibitingparkingforcertaintimeperiodsandonlywhensignsareinplaceonbothsidesofKendolphStreet fromitsintersectionwithUnderwoodStreettoitsintersectionwithInterstate35East;providingarepealer clause;providingasavingsclause;providingforapenaltynottoexceed$500forviolationsofthisordinance; providingthatviolationsofthisordinanceshallbegovernedbyChapter18oftheCodeofOrdinancesofthe CityofDenton;andprovidingforaneffectivedate.TheTrafficSafetyCommissionrecommendsapproval(5- 0). BACKGROUND On September 10, 2011, the new UNT Apogee Stadium opened its doo events. With the opening, residents in the nearby Denia Neighbo increased amount of vehicular and pedestrian traffic associated concerns was a desire of the residents to not lose on-street par to attend games. On August 16, 2011 in an attempt to address th an ordinance creating a Resident Only Parking Program for stre neighborhood. This program proved cumbersome and unpopular with following year. For the 2012 football season, the Police Department utilized a T parking zones within a much smaller portion of the footprint tak This emergency order gave employees of the Police Department aut vehicles parked in locations that created public safety issues o Stadium. The streets affected by the emergency order were poste Enforcement of standard State Law parking violations was continu The deployment and the collection of the temporary signs and bas City of DentonPage 1 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0489,Version:1 amount of employee time and equipment to accomplish for each gam In 2013, the Police Department again employed the Temporary Emer enforcement of State Law parking violations on the streets surro Additional concerns from residents on Highland Park Circle were access to their street by establishing a no parking area on eith portion of the street. No other changes were made to the plan fo the 6 home games of the 2013 season, the Police Department spent signs, patrol the area during the event, and pick the signs up. advised the Denton Police Department of increased usage schedule in addition to home football games. These additional events wou Department resources for deploying and recovering the signs for For the 2014 season, the Police Department is seeking a more per neighborhood. In an attempt to be more efficient with the effort increased public safety, the Police Department proposes to estab portions of Highland Park Road where on-street parking is proble these permanent no parking areas, additional permanent signs wou up signs to notify citizens when parking is prohibited in partic temporary areas were created to address certain locations that n stadium have historically proven problematic. By utilizing perm hours and equipment usage is expected. Exhibit 1 provides a map and the temporary no parking areas. OPTIONS 1.Council can approve the ordinance as proposed. 2.Council can reject the ordinance and direct staff to make change RECOMMENDATION Staff recommends approval of the ordinance as proposed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 09/08/14 - Traffic Safety Commission FISCAL INFORMATION Thecostfor13permanentand12temporaryflip-upsignsisexpectedtobe$1,819.Thisestimatedoesnot includethecostofTrafficengineeringpersonneltoinstallthesignsorforthecompanytomarkutilitylines priortoinstallationofthepoles.Fundingforthesigns,poles,andlaborwillbeprovidedfromtheTrafficSafety Fund. EXHIBITS Exhibit 1 - Map Exhibit 2 - Ordinance Respectfully submitted: Lee Howell Chief of Police City of DentonPage 2 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0489,Version:1 Prepared by: David Hildebrand Lieutenant City of DentonPage 3 of 3Printed on 9/12/2014 powered by Legistar" s:\legal\our documents\ordinances\14\no parking denia.doc ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE EAST SIDE OF HIGHLAND PARK ROAD FROM ITS INTERSECTION WITH NORTH ; TEXAS BOULEVARD TO ITS INTERSECTION WITH WESTRIDGE STREET PROHIBITING PARKING ON THE WEST SIDE OF HIGHLAND PARK ROAD BEGINNING 670 FEET FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD TO ITS INTERSECTION WITH TREMONT CIRCLE;PROHIBITING PARKING FOR CERTAIN TIME PERIODS AND ONLY WHEN SIGNS ARE IN PLACE ON BOTH SIDES OF UNDERWOOD STREET FROM AVENUE C (INTERSTATE HIGHWAY 35 EAST ACCESS ROAD) TO ITS INTERSECTION WITH HIGHLAND PARK ROAD; PROHIBITING PARKING FOR CERTAIN TIME PERIODS AND ONLY WHEN SIGNS ARE IN PLACE ON THE WEST AND NORTH SIDE OF HIGHLAND PARK ROAD FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD TO THE POINT ON HIGHLAND PARK ROAD 670 FEET FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD; PROHIBITING PARKING FOR CERTAIN TIME PERIODS AND ONLY WHEN SIGNS ARE IN PLACE ON BOTH SIDES OF KENDOLPH STREET FROM ITS INTERSECTION WITH UNDERWOOD STREET TO ITS INTERSECTION WITH INTERSTATE 35 EAST; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING THAT VIOLATIONS OF THIS ORDINANCE SHALL BE GOVERNED BY CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs or markings are in place giving notice thereof, no person shall park a vehicle on the following streets or portions of streets: On the east side of Highland Park Road from its intersection with North Texas Boulevard to its intersection with Westridge Street. On the west side of Highland Park Road beginning 670 feet from its intersection with North Texas Boulevard to its intersection with Tremont Circle. SECTION 2. For certain time periods and when signs or markings are in place giving notice thereof, no person shall park a vehicle on the following streets or portions of streets: On both sides of Underwood Street from its intersection with Avenue C (Interstate Highway 35 East Access Road) to its intersection with Highland Park Road. On the west and north side of Highland Park Road from its intersection with North Texas Boulevard to the point 670 feet from its intersection with North Texas Boulevard. On both sides of Kendolph Street from its intersection with Underwood Street to its intersection with Interstate Highway 35 East. s:\legal\our documents\ordinances\14\no parking denia.doc SECTION 3. The provisions of Sections 1 and 2 prohibiting the parking of vehicles shall apply on the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. 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 invalidity. SECTION 5. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 6. Any person found liable of violating this Ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500). Each day that a provision of this ordinance is violated shall constitute a separate offense. The disposition of parking citations issued pursuant to this Ordinance shall be governed by Division 3 titled “Parking Violations Division” of Chapter 18 of the Code of Ordinances. SECTION 7. This Ordinance providing for a penalty 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, the official newspaper of 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 BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ Page 2 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0506,Version:1 Agenda Information Sheet DEPARTMENT:Electric CM/ ACM:Howard Martin, 349-8232 Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceamendingthescheduleofelectricratescontainedinOrdinanceNo.2013- 231forelectricservice;amendingtheprovisionsoftheResidentialServiceRateSchedule(ScheduleRES); amendingtheprovisionsoftheResidentialRenewableEnergyServiceRider(ScheduleRG);amendingthe provisionsoftheResidentialPrepaidServiceSchedule(ScheduleRPP);amendingtheprovisionsofthe GeneralServiceSmallSchedule(ScheduleGSS);amendingtheprovisionsoftheGeneralServiceMedium Schedule(ScheduleGSM);amendingtheprovisionsoftheGeneralServiceLargeSchedule(ScheduleGSL); amendingtheprovisionsoftheGeneralTimeofUseSchedule(ScheduleTGS);amendingtheprovisionsofthe LocalGovernmentSmallSchedule(ScheduleG2);amendingtheprovisionsoftheLocalGovernmentSchedule (ScheduleG1);amendingtheprovisionsoftheWeekendServiceSchedule(ScheduleWK);amendingthe provisionsoftheAthleticFieldSchedule(ScheduleAF);amendingtheprovisionsoftheStreetLighting Schedule(ScheduleLS);amendingtheprovisionsoftheTrafficLightingSchedule(ScheduleLT);amending theprovisionsoftheUnmeteredSchoolZone/CrossingFlashersSchedule(ScheduleUFL);amendingthe provisionsoftheUnmeteredTrafficLightsSchedule(ScheduleULT);amendingtheprovisionsofthe UnmeteredSecurityCameraSchedule(ScheduleUSC);amendingtheprovisionsoftheOtherLighting Schedule(ScheduleLO);amendingtheprovisionsoftheSecurityLightingSchedule(ScheduleDD);amending theprovisionsoftheDecorativeDowntownLightingSchedule(ScheduleDDL);amendingtheprovisionsof theNonStandardStreetLightingSchedule(ScheduleDSL);amendingtheprovisionsoftheTemporaryService Schedule(ScheduleT1);addingtheprovisionsoftheTransmissionCostRecoveryFactorSchedule(Schedule TCRF);providingforarepealer;providingforaseverabilityclause;andprovidingforaneffectivedate.The Public Utilities Board recommends approval (6-0). BACKGROUND TheproposedFY2014-2015ElectricutilityrateswerepresentedandapprovedbythePUBonJuly28,2014. Theproposedelectricrateordinanceincludedinthisagendaitemisdesignedtorecoverthecostofservicefor the Electric utility and provide a positive or break-even net in The average residential customer using 1,242 kilowatt hours woul CurrentProposedIncrease $126.90 $134.62 $7.72 City of DentonPage 1 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0506,Version:1 The attached Electric Rate Ordinance includes adding the provisi The Transmission Cost Recovery Factor Schedule (TCRF). The attached Electric Rate Ordinance includes amending the provi The Residential Service Rate (Schedule RES); The Residential Renewable Energy Service Rider (Schedule RG); The Residential Prepaid Service Schedule (Schedule RPP); The General Service Small Schedule (Schedule GSS); The General Service Medium Schedule (Schedule GSM); The General Service Large Schedule (Schedule GSL); The General Time Of Use Schedule (Schedule TGS); The Local Government Small Schedule (Schedule G2); The Local Government Schedule (Schedule G1); The Weekend Service Schedule (Schedule WK); The Athletic Field Schedule (Schedule AF); The Street Lighting Schedule (Schedule LS); The Traffic Lighting Schedule (Schedule LT); The Unmetered School Zone/Crossing Flashers Schedule (Schedule U The Unmetered Traffic Lights Schedule (Schedule ULT); The Unmetered Security Camera Schedule (Schedule USC); The Other Lighting Schedule (Schedule LO); The Security Lighting Schedule (Schedule DD); The Decorative Downtown Lighting Schedule (Schedule DDL); The Non Standard Street Lighting Schedule (Schedule DSL); The Temporary Service Schedule (Schedule T1). FISCAL INFORMATION TheratesandchargesincludedintheElectricrateordinanceprovidetherevenuesnecessarytocoverthecostof servicetocustomers.TheproposedElectricratesrepresenta4%increasetothebaserate,whichis approximately a 5.5% increase to each overall rate. RECOMMENDATION Staff recommends approval of the proposed ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board recommended approval on July 28, 2014. (6 EXHIBITS City of DentonPage 2 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0506,Version:1 1.Fiscal Year Rate Comparison 2.Proposed FY2014-2015 Electric Rate Ordinance Respectfully submitted: PhilWilliams General Manager Denton Municipal Electric Prepared by: William A. Bunselmeyer Manager, Energy Services & Business Development Denton Municipal Electric City of DentonPage 3 of 3Printed on 9/12/2014 powered by Legistar" CITY OF DENTON ELECTRIC UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20152014 RatesRates Residential - RES Facility Charge $ - Single Phase8.258.25 Facility Charge $ - Three Phase16.5016.50 Energy Charge/cents per kWh: First 600 kWh (Winter)6.185.86 All additional kWh (Winter)4.113.90 All kWh (Summer)6.185.86 Energy Cost Adjustment (ECA)VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Residental Renewable - RG Facility Charge $ - Single Phase8.258.25 Facility Charge $ - Three Phase16.5016.50 Energy Charge/cents per kWh: First 600 kWh (Winter)6.185.86 All additional kWh (Winter)4.113.90 All kWh (Summer)6.185.86 Renewable Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Residential Prepaid - RPP Facility Charge $ - Single Phase15.2515.25 Facility Charge $ - Three Phase22.5022.50 Energy Charge/cents per kWh: First 600 kWh (Winter)6.185.86 All additional kWh (Winter)4.113.90 All kWh (Summer)6.185.86 Renewable Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Commercial Renewable Energy Service Rider - CGR Renewable Cost Adjustment per kWVariableVariable (Sold in 1,000 kW Blocks) General Service Small - GSS Facility Charge $ - Single Phase15.8015.80 Facility Charge $ - Three Phase21.1021.10 Energy Charge/cents per kWh ( First 2,500 )7.677.24 Energy Charge/cents per kWh (All Aditional kWh)4.023.79 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A General Service Medium - GSM Facility Charge $ - Single Phase15.8015.80 Facility Charge $ - Three Phase21.1021.10 Demand Charge/$ per kW 4.344.14 Energy Charge/cents per kWh: Secondary Service (GM1) First 6,000 kWh4.754.53 Additional kWh3.923.74 For Primary Service (GM2) First 6,000 kWh4.654.43 Additional kWh3.823.64 For Primary Service & Ownership (GM3) First 6,000 kWh4.454.23 Additional kWh3.623.44 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Finance/Rates/@BCL@F812F017 CITY OF DENTON ELECTRIC UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20152014 RatesRates General Service Large - GSL Facility Charge $65.5565.55 Demand Charge/$ per kVA9.759.55 Energy Charge/cents per kWh: Secondary Service (GL1) First 200,000 kWh2.222.18 Additional kWh1.271.25 For Primary Service (GL2) First 200,000 kWh2.122.08 Additional kWh1.171.15 For Primary Service & Ownership (GL3) First 200,000 kWh1.921.88 Additional kWh0.970.95 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A General Service Time of Use - TGS Facility Charge $76.4576.45 Demand Charge/$ per kVA On-Peak12.4212.17 Demand Charge/$ per kVA Off-Peak2.452.40 Energy Charge/cents per kWh: For Secondary Service (TG1)0.740.73 For Primary Service (TG2)0.640.63 For Primary Service & Ownership (TG3)0.440.43 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Local Government - G1 Facility Charge $ - Single Phase15.8015.80 Facility Charge $ - Three Phase21.1021.10 Demand Charge/$ per kW7.367.01 Energy Charge/cents per kWh3.383.22 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Local Government Small - G2 Facility Charge $ - Single Phase15.8015.80 Facility Charge $ - Three Phase21.1021.10 Energy Charge/cents per kWh6.996.66 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Finance/Rates/@BCL@F812F017 CITY OF DENTON ELECTRIC UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20152014 RatesRates Weekend Rate - WK Facility Charge $ - Single Phase20.8620.86 Facility Charge $ - Three Phase26.0826.08 Demand Charge/$ per kW (First 20 kW Not Billed)7.106.84 Energy Charge/cents per kWh: First 2,500 kWh7.677.24 2,501 to 6,000 kWh4.023.79 Additional kWh2.962.79 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)Variable Athletic Field - AF Facility Charge $ - Single Phase21.0721.07 Facility Charge $ - Three Phase31.6031.60 Energy Charge/cents per kWh: October through May 4.314.10 June through September Off-Peak4.314.10 June through September On-Peak8.618.19 Demand Charge/$ per kW: October through May1.271.20 June through September Off-Peak1.271.20 June through September On-Peak5.345.08 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Street Lighting - LS Sodium: LSA 100 W Facility Charges $5.535.28 LSB 250 W Facility Charges $7.847.48 LSC 400 W Facility Charges $9.879.42 ECA Charge = Monthly Bulb Wattage Factor x ECAVariableVariable Monthly Bulb Wattage Factors: 100 W 48 kWh 48 kWh 250 W105 kWh105 kWh 400 W159 kWh159 kWh Traffic Lighting - LT Energy Charge/cents per kWh6.035.76 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Unmetered School Zone/Crossing Flashers - UFL Energy Charge/cents per kWh6.035.76 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Unmetered Traffic Lighting - ULT Energy Charge/cents per kWh6.035.76 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Unmetered Security Camera - USC Facility Charge $16.9616.19 Energy Charge/cents per kWh6.035.76 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Finance/Rates/@BCL@F812F017 CITY OF DENTON ELECTRIC UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20152014 RatesRates Other Lighting - LO LOA (unmetered lighting) Energy Charge/cents per kWh6.035.76 where Energy Charge = kWh rate x Bulb Wattage/1000 x 333 hrs ECA Charge = Current ECA x Bulb Wattage/1000*333 hrs LOB (metered lighting) Energy Charge/cents per kWh6.035.76 Energy Cost Adjustment VariableVariable Security Lighting - DD Sodium: DSA 100 W Facility Charges $8.748.34 DSB 250 W Facility Charges $11.5511.03 DSC 400 W Facility Charges $13.9213.29 DHA 250W Metal Halide Facility Charges $13.5912.97 DHB 400W Metal Halide Facility Charges $16.1915.45 ECA Charge = Current ECA x Monthly Bulb Wattage Factor Monthly Bulb Wattage Factors: 100 W48 kWh48 kWh 250 W105 kWh105 kWh 400 W159 kWh159 kWh Downtown Decorative Lighting - DL Facility Charge $ 4.344.14 Energy Charge = Current ECA x Monthly Bulb Wattage Factor x 415 kWh per Customer. Non-Standard Street Lighting Facility Charge $ 8.748.34 Energy Charge/cents per kWh: DLSA 100 W Sodium Vapor6.035.76 DLSB 250 W Sodium Vapor6.035.76 DLSC 400 W Sodium Vapor6.035.76 DLHA 250 W Metal Halide6.035.76 DLHB 400 W Metal Halide6.035.76 ECA Charge = Current ECA x Monthly Bulb Wattage Factor Monthly Bulb Wattage Factors: 100 W48 kWh48 kWh 250 W105 kWh105 kWh 400 W159 kWh159 kWh Labor/Equipment $ per Hour - Regular TimeActual CostsActual Costs Labor/Equipment $ per Hour - OvertimeActual CostsActual Costs Administrative Fee10% of Total Costs10% of Total Costs Finance/Rates/@BCL@F812F017 CITY OF DENTON ELECTRIC UTILITY FISCAL YEAR RATE COMPARISON Rate Schedule20152014 RatesRates Temporary Service - T1 Facility Charge $ - Single Phase15.8015.80 Facility Charge $ - Three Phase21.1021.10 Energy Charge/cents per kWh 7.707.32 Energy Cost Adjustment VariableVariable Transmission Cost Recovery Factor (TCRF)VariableN/A Labor/Equipment $ per Hour - Regular TimeActual CostsActual Costs Labor/Equipment $ per Hour - OvertimeActual CostsActual Costs Administrative Fee10% of Total Costs10% of Total Costs Economic Growth Rider - EGR Reduction to Monthly Load Demand: Year 150%50% Year 240%40% Year 330%30% Year 420%20% Year 510%10% Independent Wholesale Generator Facility Charge65.5565.55 Demand Charge/$ per kW2.062.06 Line Loss ChargeECA RateECA Rate Stand-By ServiceGSL RateGSL Rate Service to Customer Structures/FacilitiesActual CostsActual Costs Finance/Rates/@BCL@F812F017 ORDINANCE NO. 2014-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2013-231FOR 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 PROVISIONSOF 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); PROVIDINGFOR 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: 1 ELECTRIC RATE SCHEDULES PAGE RESResidential Service3 RGResidential Renewable Energy Service Rider5 RPPResidential Prepaid Service7 GSSGeneral Service Small9 GSMGeneral Service Medium11 GSLGeneral Service Large13 TGSGeneral Service Time of Use15 G2Local Government Small18 G1Local Government20 WKWeekend Service22 AFAthletic Field24 LSStreet Lighting26 LTTraffic Lighting27 UFLUnmetered School Zone/Crossing Flashers28 ULTUnmetered Traffic Lighting29 USCUnmetered Security Camera30 LOOther Lighting31 DDSecurity Lighting33 DDLDecorative Downtown Lighting35 DSLNon Standard Street Lighting36 T1Temporary Service 38 EGREconomic GrowthRider40 GRPGreenSense Energy Efficiency Rebate Program42 ECAEnergy Cost Adjustment43 RCARenewable Cost Adjustment45 TCRFTransmission Cost Recovery Factor47 DGRDistributed Generation From Renewable Sources Rider49 IWGIndependent Wholesale Generator Rider51 CGRCommercial Renewable Energy Service Rider54 SFRSpecial Facilities Rider56 DFRDark Fiber Rate57 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 WINTERSUMMER Billing months ofBilling months of November through AprilMay through October (1)Facility Charge Single-Phase$ 8.25/bill$ 8.25/bill Three-Phase$16.50/bill$16.50/bill plus; (2)Energy Charge per billing period First 600 kWh6.18¢/kWh Additional kWh4.11¢/kWh All kWh6.18¢/kWh plus; (3)Energy CostAdjustment Charge See Schedule ECASee Schedule ECA plus; (4)Transmission Cost Recovery Factor See Schedule TCRFSee 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-PhaseFacility Charge Three-PhaseFacility 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 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. 4 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 ServiceRider 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 beeninvoked 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 WINTERSUMMER Billing Months ofBilling Months of November through AprilMay through October (1)Facility Charge$ 8.25/bill$ 8.25/bill Three-Phase$16.50/bill$16.50/bill plus; (2)Energy Charge per billing period First 600 kWh6.18¢/kWh All Additional kWh4.11¢/kWh All kWh6.18¢/kWh plus; (3)Renewable Cost Adjustment Charge See Schedule RCASee Schedule RCA plus; (4)Transmission Cost Recovery Factor See Schedule TCRFSee Schedule TCRF 5 TERM Customers wishing to receive Renewable Energy Service must sign a Residential Renewable Energy Agreement and commit to accept this service for a minimum term of 6 months. At the end of each 6 month period,a customer’s Renewable Energy Service will be extended for another 6 month period unless that customer provides a written request to terminate that service to the City of Denton Customer Service Department 15 days prior to the end of the then-current 6-month participation period. MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-PhaseFacility Charge Three-PhaseFacility 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 rate per kWh in rate block TYPE OF SERVICE The City will supply single-phase service (or three phaseservice 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. 6 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 allareas. NET MONTHLY RATE WINTERSUMMER Billing months ofBilling months of November through AprilMay through October (1)Facility Charge Single-Phase$15.25/bill$15.25/bill Three-Phase$22.50/bill$22.50/bill plus; (2)Energy Charge per billing period First 600 kWh6.18¢/kWh Additional kWh4.11¢/kWh All kWh6.18¢/kWh plus; (3)Energy Cost Adjustment Charge See Schedule ECASee Schedule ECA plus; (4)Transmission Cost Recovery Factor See Schedule TCRFSee 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-PhaseFacility Charge Three-PhaseFacilityCharge ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block 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. 8 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 Single-Phase$15.80/bill Three-Phase$21.10/bill plus; (2)Energy Charge per billing period First 2,500 kWh7.67¢/kWh Additional kWh4.02¢/kWh plus; (3)Energy Cost Adjustment ChargeSee Schedule ECA plus; (4)Transmission Cost Recovery FactorSee 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-PhaseFacility Charge Three-PhaseFacility Charge 9 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block 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 SpecialFacilities 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 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; (2)Demand Charge$4.34/kW (all kW) plus; (3)Energy Charge per billing period First 6,000 kWh4.75¢/kWh Additional kWh3.92¢/kWh plus; (4)Energy Cost Adjustment ChargeSee Schedule ECA plus; (5)Transmission Cost Recovery FactorSee Schedule TCRF MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as aminimum, 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 monthlykW 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 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¢/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 anEnergy Chargediscount 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$65.55/bill plus; (2) Demand Charge $9.75/kVA (Minimum of 250 kVA billed) plus; (3)Energy Charge per billing period First 200,000 kWh2.22¢/kWh Additional kWh1.27¢/kWh plus; (4)Energy Cost Adjustment ChargeSee Schedule ECA plus; (5)Transmission Cost Recovery FactorSee 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 Rate per kWh in rate block PRIMARY SERVICE DISCOUNT Customers who receive service at secondary voltage (GL1) shall receive no Energy Charge discount. Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage (GL2) shall receive an Energy Charge discount of 0.1¢/kWh. Customers who own, operate, and maintain all facilitiesnecessary 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 rateand to mitigate potential risk to ratepayers, any participant in the General Service Time of Use ratemust be, at the time this rate is applied for and continuing while such rate is in effect, a customer in good standing ofall 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 anyunpaid 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; (2)On-Peak Demand Charge$12.42/kVA plus; (3)Off-Peak Demand Charge$2.45/kVA plus; (4)Energy Charge per billing period0.74¢/kWh plus; (5)Energy Cost Adjustment ChargeSee Schedule ECA plus; (6)Transmission Cost Recovery FactorSee 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: (1)The Facility Charge, plus; (2)The Off-Peak Demand Charge, plus; (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'sdemand 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¢/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 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 thanten (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 Districthaving 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$15.80/bill Three-Phase$21.10/bill plus; (2)Energy Charge6.99¢/kWh plus; (3)Energy Cost Adjustment ChargeSee Schedule ECA plus; (4)Transmission Cost Recovery FactorSee 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 18 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh 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 G1 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 Charge3.38¢/kWh plus; (4)Energy Cost Adjustment ChargeSee Schedule ECA plus; (5)Transmission Cost Recovery FactorSee 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) Theactual 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 throughOctober 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 kWh Rate TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 21 SCHEDULE WK WEEKEND SERVICE (Effective 10/01/14) 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 (1)Facility Charge Single-Phase$20.86/bill Three-Phase$26.08/bill plus; (2)Demand Charge$7.10/kW (First 20 kW not billed) plus; (3)Energy Charge per billing period First 2,500 kWh7.67¢/kWh Next 3,500 kWh4.02¢/kWh Additional kWh2.96¢/kWh plus; (4)Energy Cost Adjustment ChargeSee Schedule ECA plus; (5)Transmission Cost Recovery FactorSee Schedule TCRF MINIMUM BILLING (1)Facility Charge plus; (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) minuteperiod 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 Rate per kWh in rate block TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 23 SCHEDULE AF ATHLETIC FIELD (Effective 10/01/14) APPLICATION Applicable to all electricservice 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: Peak (2:00 PM to 7:00 PM)8.61¢/kWh Off Peak (All Other Hours)4.31¢/kWh Billing monthsof October through May: All hours4.31¢/kWh plus; (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 plus: (4)Energy Cost Adjustment ChargeSee Schedule ECA plus; (5)Transmission Cost Recovery FactorSee Schedule TCRF 24 MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or notany energy was actually used: Single-PhaseFacility Charge Three-PhaseFacility 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 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 (1)Facility Charge RateLuminaire TypeFacility Charge LSA100 W Sodium Vapor$5.53/bill LSB250 W Sodium Vapor$7.84/bill LSC400 W Sodium Vapor$9.87/bill plus; (2) Energy Cost Adjustment Charge(Current ECA per Schedule ECA) (Bulb Wattage Factor where the following Bulb Wattage Factors apply); RateLuminaire Type Bulb Wattage Factor LSA100 W Sodium Vapor48 kWh LSB250 W Sodium Vapor105 kWh LSC400 W Sodium Vapor159 kWh TYPE OF SERVICE 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 (1)Energy Charge per billing period6.03¢/kWh plus; (2)Energy Cost Adjustment ChargeSee Schedule ECA plus; (3) Transmission Cost Recovery FactorSee Schedule TCRF ENERGY CHARGE Billing for the energy charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh kWh Rate TYPE OF SERVICE TheCity 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 period6.03¢/kWh plus; (2)Energy Cost Adjustment ChargeSee Schedule ECA plus; (3) Transmission Cost Recovery FactorSee 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 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 kWh Rate Annual Usage = 48 kWh per account TYPE OF SERVICE The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 28 SCHEDULE ULT UNMETERED TRAFFIC LIGHTING (Effective 10/01/14) APPLICATION Applicable toLocal Government agencies that operate and maintain their own unmetered traffic signals. NET ANNUAL RATE (1)Energy Charge per billing period6.03¢/kWh plus; (2)Energy Cost Adjustment ChargeSee Schedule ECA. plus; (3) Transmission Cost Recovery FactorSee 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 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 (1)Facility Charge$16.96 plus; (2)Energy Charge6.03¢/kWh plus; (3)Energy Cost Adjustment ChargeSee Schedule ECA plus; (4) Transmission Cost Recovery FactorSee 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 kWh Rate Annual Usage = 300kWh 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. DEFINITION The following definitions apply to this Schedule LO: Hours of Operation Per Billing Period = 333 hours Bulb Wattage is the rated wattage of the luminaire bulb NET MONTHLY RATE LOA (Unmetered Lighting) (1)Energy Chargeper billing period6.03¢/kWh plus; (2)Energy Cost Adjustment Charge(Current ECA per Schedule ECA) x (Bulb Wattage/1000) x (Hours of Operation Per Billing Period) ENERGY CHARGE LOA (Unmetered Lighting) 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) (1)Energy Charge per billing period6.03¢/kWh plus; (2)Energy Cost Adjustment ChargeSee Schedule ECA 31 ENERGY CHARGE LOB (Metered Lighting) Billing for the Energy Charge shallbe based on actual kWh consumption during the billing period. Energy Charge = kWh x kWh Rate TYPE OF SERVICE The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 32 SCHEDULE DD SECURITY LIGHTING (Effective 10/01/14) 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 RateLuminaire TypeFacility Charge DSA100 W Sodium Vapor$ 8.74/bill DSB250 W Sodium Vapor$11.55/bill DSC400 W Sodium Vapor$13.92/bill DHA250 W Metal Halide$13.59/bill DHB400 W Metal Halide$16.19/bill plus; (2)Energy Cost Adjustment Charge (Current ECA per Schedule ECA) (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); RateLuminaire TypeBulb Wattage Factor DSA100 W Sodium Vapor 48 kWh DSB250 W Sodium Vapor105 kWh DSC400 W Sodium Vapor159 kWh DHA250 W Metal Halide105 kWh DHB400 W Metal Halide159 kWh TYPE OF SERVICE 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 eachinstalled 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. PAYMENT 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 (1)Facility Charge$4.34/bill plus; (2)Energy Cost Adjustment(Current ECA per Schedule ECA) (350 kWh per Customer) TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to theCity’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 whereservice 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-STANDARDSTREET 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 (1)Facility Charge$8.74/bill plus; (2)Energy Charge6.03¢/kWh Energy Charge = (kWh Rate) x (Bulb Wattage Factor) plus; (3)Energy Cost Adjustment Charge (Current ECA per Schedule ECA) (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); RateLuminaire TypeBulb Wattage Factor DLSA100 W Sodium Vapor 48 kWh DLSB250 W Sodium Vapor105 kWh DLSC400 W Sodium Vapor159 kWh DLHA250 W Metal Halide105 kWh DLHB400 W Metal Halide159 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 maintainthe 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: LaborRegular 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. TransportationTo be billed by hours or miles, as applicable, according to the estimated cost of operating the required equipment. MaterialAny material needed to repair and/or maintain facilities will be billed at City of Denton Warehouse cost plus 25%. Administrative Fee10% 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 afterissuance. 37 SCHEDULE T1 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; (2)Energy Charge per billing period7.70¢/kWh plus; (3)Energy Cost Adjustment ChargeSee Schedule ECA plus; (4) Transmission Cost Recovery FactorSee 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-PhaseFacility Charge Three-PhaseFacility Charge ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh kWh Rate 38 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 LaborRegular 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. TransportationTo be billed by hours or miles, as applicable, according to the estimated cost of operating the required equipment. MaterialMaterial 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 Fee10% 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, overa 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 kVA, 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 40 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 PeriodReduction to Billing Demand First Year50% Second Year40% Third Year30% Fourth Year20% Fifth Year10% CONTRACT PERIOD 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: ECA Balancing Account = (Actual plus Projected ECA revenue) –(Projected Energy Cost) Where: 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 shallcalculate 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 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 afinancially sound position. 44 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: RCA Balancing Account = (Actual plus Projected RCA revenue) –(Projected Renewable Energy Cost) Where: 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 RCA = ECA + [(Projected Renewable EnergyCost) / (Projected kWh sales)] Where: Projected Renewable Energy Cost = Actual + Projected REC cost 45 RENEWABLE COST ADJUSTMENT CHARGE The Renewable Cost Adjustment Charge shall be based on actual kWh consumption during the billing period. Renewable Cost Adjustment Charge = kWh 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 ExtraordinaryCircumstance ECA Rate Adjustment by substituting the new ECA rate in the Renewable Cost Adjustment Calculation formula above. 46 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 servicewithin the boundaries of the Electric Reliability Council of Texas (ERCOT) region which are billed and charged toDenton 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 ERCOT, 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 providersto 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 ResidentialkWh x TCRF Rate General Service SmallkWh x TCRF Rate General Service MediumkW x TCRF Rate General Service LargekVA x TCRFRate General Service Time of UsekVA x TCRF Rate Local Government Service SmallkWh x TCRF Rate Local Government ServicekW x TCRF Rate Weekend ServicekW x TCRF Rate Temporary ServicekWh x TCRF Rate Athletic FieldkWh x TCRF Rate Traffic LightingkWh x TCRF Rate Non-Traffic LightingkWh x TCRF Rate 48 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. 49 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 DMEelectric 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 (ERCOT) transmission grid for sale in the ERCOT wholesale power market. DME will interconnect the IWG pursuant to the terms of the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation. Other services or special requirements for interconnection of a specific generating facility not included in the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation, requested by the IWG Customer, or required by DME may be provided pursuant to negotiation and agreement by both the IWG Customer and DME. The provision of said additional services or requirements shall be recorded in the form of an addendum to the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation. TERMS AND CONDITIONS OF SERVICE At a minimum, the IWG Customer shall comply with the current DME technical requirements for independent wholesale generation interconnection specified in the DME standard Agreement for Interconnection and Parallel Operation of Distributed Generation. The IWG Customer may not begin construction of its facilities until an Agreement for Interconnection and Parallel Operation of Distributed Generation has been signed by both the IWG Customer and the City of Denton. The IWG Customer shall obtain approval from DME before the IWG Customer begins operation ofits 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. DISCOUNTS Special discounts willbe 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 anycustomer is entitled to shall be the largest single discount applicable to that customer’s service. 57 Discount TypeDiscountDiscount TypeDiscount Term of Lease%Number of Fibers% 5-7 Years30%1-2 Fibers /Mileage Charge0% 8-10 Years45%3-6 Fibers/ Mileage9.7% Charge 7-12 Fibers/Mileage Charge19% 12 or more Fibers/Mileage 28.7% Charge 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. 58 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 thefirst 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. _______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ 59 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0509,Version:1 Agenda Information Sheet DEPARTMENT:UtilitiesAdministration CM/ ACM:Howard Martin, Utilities, 349-8232 DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingforthescheduleofmiscellaneous fees,deposits,billingsandproceduresforadministrativeservicestocityutilitiescustomerscontainedin OrdinanceNo.2013-233;addingthecreditcardprocessingservicefee;providingforarepealer;providingfor aseverabilityclause;andprovidingforaneffectivedate.ThePublicUtilitiesBoardrecommendsapproval(6- 0). BACKGROUND Theproposedmiscellaneousfees,deposits,billings,andproceduresforadministrationservicesscheduleis designedtorecoverthecostofserviceandprovideapositiveorbreak-evennetincome.Theproposed schedule includes an amendment establishing a credit card proces PRIOR ACTION/REVIEW (Council, Boards, Commissions) Proposed FY 2014-2015 Utilities budgets and CIPs were presented during May through July, 2013. The miscellaneous rate ordinance by a vote of 6-0, but did not include the credit card processing information to City Council. Information concerning the credit the City Council on July 31, 2014, and staff was directed to pro schedule. The budget, along with the draft miscellaneous rate o review on August 5, 2014. The PUB was informed of the City Coun processing service fee via an Assistant City Manager (ACM) updat 2014. The miscellaneous rate ordinance is scheduled for adopt FISCAL INFORMATION The rates and charges included in the miscellaneous rate ordinan customers. RECOMMENDATION Staff recommends approval of the proposed miscellaneous rates or become effective October 1, 2014. BID INFORMATION City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0509,Version:1 EXHIBITS 1.Proposed FY 2014-15 Miscellaneous Fees, Charges, and Deposits O Respectfully submitted: Howard Martin Assistant City Manager/Utilities Prepared by: Kenny Banks, Director Environmental and Sustainability City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 SERVICE CHARGES AND PROCEDURES SCHEDULES City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0510,Version:1 Agenda Information Sheet DEPARTMENT:UtilitiesAdministration CM/ ACM:Howard Martin, Utilities, 349-8232 DATE:September 16, 2014 SUBJECT Consider adoption of an ordinance amending the schedule of water for water service rates and water rates; amending the residentia the commercial/industrial water service rate (Schedule WC); amen (Schedule WFH); amending the wholesale treated water service rat District (Schedule WW); amending the wholesale raw water service District (Schedule WRW); amending the wholesale raw water pass-t Water District from Lake Chapman into Lake Lewisville (Schedule fees; providing for a repealer; providing for a severability cl Public Utilities Board recommends approval (6-0). BACKGROUND Theproposedapproximate3%rateincreaseisdesignedtorecoverthecostofserviceforthewaterutilityand provideapositiveorbreak-evennetincome.Duringthebudgetpresentations,thePUBreviewedtheWater UtilitybudgetandtheproposedratechangesthatcouldbeimplementedtosupporttheproposedFY2014-2015 budget and FY 2015-2019 CIP. AspartoftheWaterbudgetdiscussions,theWaterdepartmentstaffrecommendedandreceivedPUBapproval foranapproximate3%raterevenueincrease.Theincreaseincludesfundingtosupportagingwater infrastructureandreserverequirements.Therateincreasetakesstepstoalignrateswithrecommendationsof the Cost of Service model and to encourage conservation. The average residential customer using 9,200 gallons would incur Current ProposedIncrease $47.49 $48.81 $1.32 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Proposed FY 2014-2015 Utilities budgets and CIPs were presented The rate ordinance was approved by the PUB on July 28, 2014 by a ordinances, were presented to the City Council for review on Aug adoption on September 16, 2014. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0510,Version:1 SUMMARY Based on normal volumes, the proposed increase will generate the requirements. The proposed rate increase was designed to suppor conservation. FISCAL INFORMATION The proposed rate increase will provide the revenues necessary t RECOMMENDATION Staff recommends approval of the ordinance, with an effective da EXHIBITS Proposed FY 2014-2015 Water Rate Ordinance Respectfully submitted: Howard Martin Assistant City Manager/Utilities City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT1 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 SEVERABILITY 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 PAGE WR Residential Water Service 2 WC Commercial/Industrial Water Service Rate 6 WFH Metered Water From Fire Hydrant 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 (WR) of the City of Denton, Texas. 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, (WRO) Texas with or without wastewater service. Applicable where the metered water is used for domestic purposes and is not returned to the (WRN) wastewater system for collection and treatment. Applicable where the metered water is used for landscape irrigation purposes and is not returned to (WRI) the wastewater system for collection and treatment. 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 (WRIO) treatment. Not applicable to resale, temporary, standby, or supplementary service except in conjunction with applicable rider. (WR) MONTHLY RATE – RESIDENTIAL WATER SERVICE; (WRN) AND MONTHLY RATE – METERED WATER NOT RETURNED TO WASTEWATER SYSTEM FOR COLLECTION AND TREATMENT (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 of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $ 3.80 $ 3.80 15,001-30,000 gals $ 3.80 $ 5.50 30,001-50,000 gals $ 3.80 $ 7.40 Over 50,000 gals $ 3.80 $ 9.75 2 (WRO) MONTHLY RATES – WATER SERVICE OUTSIDE CORPORATE LIMITS 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 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 (WRI) MONTHLY RATES – 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 APRIL MAY through OCT 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 (WRIO) MONTHLY RATES – 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 Billing months Billing months NOV through APRIL MAY through OCT 0-15,000 gals $4.35 $6.35 15,001-30,000 gals $4.35 $8.50 Over 30,000 gals $4.35 $11.20 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 rate per 1,000 gal. in rate block 1,000 gallons 4 RETAIL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS – ORDINANCE NO. 2014-109. Under stage 2 drought conditions, residential customers may be charged a 10% r ate increase for water usage greater than 15,000 gallons per account per 30 days. Under Stage 3 drought conditions, residential customers may be charged a 20% rate increase 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 (WC) this ordinance, for all water provided at one point of delivery and measured through one meter. 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 (WCO) point of delivery and measured through one meter, with or without wastewater service. Applicable where the metered water is used for commercial purposes and is not returned to the (WCN) wastewater system for collection and treatment. Applicable where metered water is used for landscape irrigation purposes and is not returned to the (WCI) wastewater system for collection and treatment. 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 (WCIO) treatment. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. (WC)(WCN) MONTHLY RATE and (1) Facility Charge Per Bill 3/4 inch Meter $22.60 l inch Meter $27.05 l - l/2 inch Meter $32.05 2 inch Meter $42.60 3 inch Meter $91.70 4 inch Meter $180.30 6 inch Meter $247.55 8 inch Meter $345.70 10 inch Meter $495.35 (2) Volume Charge $4.15 per 1,000 gallons 6 (WCO) MONTHLY RATE – OUTSIDE CORPORATE LIMITS (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 (2) Volume Charge $4.75 per 1,000 gallons (WCI) - MONTHLY RATE IRRIGATION (1) Facility Charge Per Bill 3/4 inch Meter $22.60 1 inch Meter $27.05 l -l/2 inch Meter $32.05 2 inch Meter $42.60 3 inch Meter $91.70 4 inch Meter $180.30 6 inch Meter $247.55 8 inch Meter $345.70 10 inch Meter $495.35 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. $4.15 $5.50 (WCIO) - MONTHLY RATE 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 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. $4.75 $6.35 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 consumption during the billing period. Formula: Gallons consumption Rate per 1,000 gallons 1,000 COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS – ORDINANCE NO. 2014-109. Under Stage 2 drought conditions,Commercial/Industrial customers may be charged a 10% surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30) days. Under Stage 3 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. 8 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 rd by the Customer to return the meter to water utilities by the 3 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. 2014-109. Under Stage 2 and Stage 3 drought conditions, use of water from fire hydrants limited to fire fighting, essential distribution system maintenance, and related activities. All other water use from fire hydrants will be by special permit only. 9 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 $256.50 per bill (2) Water Volume Rate $0.50 per 1,000 gallons (WD2/WD3) (3) Subscribed Demand Rate $593,402 per MGD (Annual) 12 (Paid Monthly) *Full Payment of Annual Water Demand Adjustments: 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 th 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 10/01/14) 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: $0.0259 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 Tap 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 Size of Meter 5/8 inch x 3/4 inch $305.00 3/4 inch x 3/4 inch $345.00 1 inch $375.00 1-1/2 inch $670.00 2 inch $680.00 WATER METER RELOCATIONS Size of Meter Relocation of 10 Feet or Less 3/4 inch $285.00 1 inch $285.00 1-1/2 inch $340.00 2 inch $390.00 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 Paved Street Unpaved Street Installation Fee $6,200.00 $4,300.00 FEES FOR INSTALLATIONS NOT LISTED For the installation of a fire hydrant for which a fee is not specified, the requestor shall pay in advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 20% administrative fee. 16 WATER LABORATORY TESTING FEES (Effective 10/01/14) APPLICATION Applicable to all customers and entities requesting testing and analysis services from the City of Denton Water/Wastewater Laboratory RATE 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. 18 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 __________________ 2014. ________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ___________________________________ 19 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0511,Version:1 Agenda Information Sheet DEPARTMENT:UtilitiesAdministration CM/ ACM:Howard Martin, Utilities, 349-8232 DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceamendingthescheduleofwastewaterratescontainedinOrdinanceNo.2013 -234;providingforanamendmentintheratesforresidentialwastewaterservice(ScheduleSR);amendingthe mobilehomeparkwastewaterservice(ScheduleSMH);amendingthecommercialandindustrialwastewater service(ScheduleSC);amendingthecommercial/industrialwastewaterservicewhichmeasureswithdedicated watermeters(sub-meters)(ScheduleSCD);amendingthecommercial/industrialwastewaterservicewhich measureswithdedicatedwatermeters(sub-meters)(ScheduleSCS);amendingtheseptage&chemicaltoilet disposalatthepecancreekwaterreclamationplantseptagetransferstation(ScheduleSCH);amendingthe equipmentservicesfacilitiesandrestaurant&foodserviceestablishmentswastewaterservice(ScheduleSEE); amendingthemeteredwastewaterinsideandoutsidecorporatelimits(ScheduleSM);amendingthesaleof treatedwastewatereffluent(ScheduleSGE);amendingthewholesalewastewatertreatmentservice(Schedule SSC);amendingthestormdrainagefeesschedule(ScheduleSD);addingthestormwaterreinspectionfee-non- residential(scheduleSDI):providingforarepealer;providingforaseverabilityclause;andprovidingforan effective date. The Public Utilities Board recommends approval BACKGROUND Duringthebudgetpresentations,thePublicUtilitiesBoard( PUB )reviewedtheWastewaterUtilitybudget andtheproposedratechangesthatcouldbeimplementedtosupporttheproposedFY2014-2015budgetand FY2015-2019CIP.AspartoftheWastewaterbudgetdiscussions,Wastewaterdepartmentstaffrecommended andreceivedPUBdirectionandapprovalfora6%rateincreaseandstepstoalignrateswithrecommendations of the Cost of Service model. The average residential customer using 6,000 gallons would incur Current ProposedIncrease $32.25 $34.05 $1.80 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Proposed FY 2014-2015 Utilities budgets and CIPs were presented This rate ordinance was approved by the PUB on July 28, 2014 by rate ordinances, were presented to the City Council for review o for adoption on September 16, 2014. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0511,Version:1 SUMMARY The proposed rate revenue increases include steps to align the r Service model. Based on normal volumes, the proposed increases meet budget requirements. FISCAL INFORMATION The proposed rate increase will provide the revenues necessary t RECOMMENDATION Staff recommends approval of the proposed ordinance, with an eff EXHIBITS 1.Proposed FY 2014-2015 Wastewater Rate Ordinance Respectfully submitted: Howard Martin Assistant City Manager/Utilities City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 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 COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB- METERS) (SCHEDULE SCD); AMENDING THE COMMERCIAL /INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS) (SCHEDULE SCS); AMENDING THE SEPTAGE & CHEMICAL TOILET DISPOSAL AT THE PECAN CREEK WATER RECLAMATION PLANT SEPTAGE TRANSFER STATION (SCHEDULE SCH); AMENDING THE EQUIPMENT SERVICES FACILITIES AND RESTAURANT & FOOD SERVICE ESTABLISHMENTS WASTEWATER SERVICE (SCHEDULE SEE); AMENDING THE METERED WASTEWATER INSIDE AND OUTSIDE CORPORATE LIMITS (SCHEDULE SM); AMENDING THE SALE OF TREATED WASTEWATER EFFLUENT (SCHEDULE SGE); AMENDING THE WHOLESALE WASTEWATER TREATMENT SERVICE (SCHEDULE SSC); AMENDING THE 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 3 SMH Mobile Home Park Wastewater Service 6 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 Leaves30 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 2 SCHEDULE SR 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. (SR) MONTHLY RATES - WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $10.35/bill (2) Volume Charge $3.95/1,000 gallons effluent (SRO) MONTHLY RATES – 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 Daily Usage 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 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. (SRNI/SRNO) MONTHLY RATES - WITHOUT CITY OF DENTON WATER SERVICE SRNISRNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $10.35/bill $11.90/bill (2) Volume Charge $3.95/1,000 gals $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 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. 4 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. 5 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. (SMH) MONTHLY RATE - WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $25.70/bill (2) Volume Charge $4.00/1,000 gallons effluent (SMHO) MONTHLY RATE – 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 6 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 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 Rate per 1,000 gallons 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. (SMNI/SMNO) MONTHLY RATE - WITHOUT CITY OF DENTON WATER SERVICE SMNISMNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $25.70/bill $29.55/bill (2) Volume Charge $4.00/1,000 gals $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 Rate per 1,000 gallons 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. 8 SCHEDULE SC 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. (SC) MONTHLY RATE - WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $25.70/bill (2) Volume Charge $5.00/1,000 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 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 9 SCO MONTHLY RATE () – 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 .90 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 (SCNI/SCNO) MONTHLY RATE - WITHOUT CITY OF DENTON WATER SERVICE SCNISCNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $25.70/bill $29.55/bill (2) Volume Charge $5.00/1,000 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 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 SCHEDULE SCD 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 $5.00/1,000 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 13 provided subject to the Special Facilities Rider. COMMERCIAL AND INDUSTRIAL SURCHARGE In addition to the above charges for services, there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD) $0.42 per pound of Total Suspended Solids (TSS) Cu = Vu x .00834([Bu-250] B + [Su-250] S]) Where: Cu is the surcharge for customer X. Vu is the billing volume per 1000 gallons for customer X. .00843 is the conversion factor Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. B is the unit cost factor for treating one pound of BOD. Su is the tested TSS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor for treating one pound of TSS. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Actual Water volume Rate per 1,000 gallons 1,000 14 SCHEDULE SCS 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 SCHEDULE SCH 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. RATE (1) Facility Charge $5.80/bill (2) Volume Charge $37.20/1,000 gallons (3) Application Fee $300.00/per calendar year (4) Vehicle Permit Fee $300.00/per vehicle per calendar year (5) Waste Manifests per book of 100 $40.00 MINIMUM BILLING Facility Charge 17 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.1 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. 18 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 (NAICS) numbers: (811111, 811112, 811113, 811118, 811122, 811121, 811192, 811198, 447110, 447190) and /or similar code classifications. Applicable to all restaurants and food service establishments that prepare and serve food directly to customers and are categorized by NAICS numbers: (722110, 722211, 722212, 722213, 722410, 722310, 722320) and/or similar code classifications. (SEE) MONTHLY RATE (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 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) 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 19 Additional Day Composite Sampling $50.00/each “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. 20 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 .90 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. SMISMO MONTHLY RATE Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $317.45/bill $365.10/bill (2) Volume Charge $5.00/1,000 gals $5.65/1,000 gals Plus (3) Pretreatment/Program Charge (As Applicable) (SMA) (A) Categorical $400/bill (SMB) (B) Non-categorical $50/bill The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either categorical or non-categorical. The categorical and non-categorical classifications are not bound by corporate limits. These charges are not to be applied if the Customer is not designated as either a categorical or non-categorical Customer by the wastewater utility staff. SAMPLING/ANALYSIS CHARGE (As Applicable) (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 22 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 is the surcharge for customer X. Vu is the billing volume per 1000 gallons for customer X. Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. .00834 is the conversion 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. MINIMUM BILLING 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 Rate per 1,000 gallons 1,000 23 SCHEDULE SGE 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 Per Bill 3/4“Meter $ 22.60 1” Meter $ 27.05 1-1/2” Meter $ 32.05 2” Meter $ 42.60 3” Meter $ 91.70 4” Meter $180.30 6” Meter $247.55 8” Meter $345.70 10” Meter $495.35 (2) Volume Charge $1.35/1,000 gallons 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. 24 VOLUME CHARGE Billing for the wastewater volume shall be based on the effluent volume calculated during the billing period. Formula: Effluent volume 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 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. 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 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. 28 LOCATION All Dyno Dirt products may be purchased from the City of Denton at the following location: Location Address Compost Sales Bldg Water Reclamation Plant 1100 Mayhill Road, Denton, Texas WHOLESALE PURCHASES All Dyno Dirt products purchased wholesale, for resale to the public, is to be identified as a City of Denton manufactured product. The wholesale purchaser must provide the City of Denton selling price information to the retail customer if it is requested. 29 SCHEDULE GBL GRASS/BRUSH/LEAVES (Effective 10/01/14) 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 SCHEDULE ST 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 FACILTY 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 34 by the permittee on all vehicles operating within the city limits of Denton and upon all containers placed within the City limits of Denton. Collection and transportation vehicles operating in Denton, and containers set in Denton are required to display a current and valid calendar year permit decal at all times. If decals are lost by the permittee, and are not visible on their vehicles or containers, then the vehicles and/or containers must be re-permitted by the permittee, and all appropriate fees paid, prior to the vehicles or containers being placed in service within Denton’s city limits. The City of Denton is not responsible for lost decals. Exclusions Individuals living within the City limits of Denton, and hauling personal materials, wastes, or recyclables from their primary living residence are exempt from this requirement. Any person, who transports applicable materials three or fewer times per year, shall register with the City on the forms provided for that purpose. No annual service fees are required, but registration and permitting through the City is required. Fees Collection and Transportation Services Permit Fees Non City of Denton Service Providers Application Fee Paid Annually $500.00 Service Fees: Tier IV engines manufactured after January 2011. Per Vehicle $1,000.00 Tier III engines manufactured between Jan. 2007 and Dec. 2010. Per Vehicle $1,500.00 Engines manufactured between Jan. 2003 - Dec. 2006. Per Vehicle $2,250.00 Engines manufactured prior to Jan. 2003. Per Vehicle $3,000.00 Container Fee, per Cubic Yard, per container (if Paid Annually $4.00 applicable) Right-of-Way Fee Per Cubic Yard, per Container, per Month (if applicable) Paid Monthly $4.00 Waste manifests per book of 100 $40.00 35 Small Operators Collection and Transportation Services Permit Fees Non City of Denton Service Providers SMALL OPERATORS - Special Waste, Medical Waste, Hazardous Waste, Restaurant Oil and Grease, Grease & Grit Trap Waste, Commercial and Industrial Recyclables, and Construction and Demolition Materials Application Fee Paid Annually $200.00 Service Fee Per Vehicle $400.00 Container Fee Per Cubic Yard, per container (if applicable) Paid Annually $4.00 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 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 st collection and transportation services permit by December 31 , for the upcoming calendar year st beginning January 1 will be assessed an additional $500 fee upon permitting or may not be st granted a permit by the City of Denton. If all permit fees are not paid prior to December 31, all unpermitted containers will be removed from their service provider locations beginning January st 1 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. 38 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. (SDR) MONTHLY FEE – RESIDENTIAL 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 Per Bill 0 – 600 Square Feet $ 0.50 601 – 1,000 Square Feet $ 1.00 1,001 – 2,000 Square Feet $ 3.35 2,001 – 3,000 Square Feet $ 5.45 3,001 – 4,000 Square Feet $ 7.60 4,001 – 5,000 Square Feet $ 9.75 5,001 – 6,000 Square Feet $12.00 Over 6,000 Square Feet $15.50 (SDN) MONTHLY FEE – NON-RESIDENTIAL 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 40 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. RATE 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. _________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _____________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _____________________________ 43 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0537,Version:1 Agenda Information Sheet DEPARTMENT:Solid Waste and Recycling Services CM/ ACM:Jon Fortune Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasamendingthescheduleofratesforsolidwaste servicecontainedinOrdinanceNo.2013-230asauthorizedbyChapter24oftheCodeofOrdinancesofthe CityofDenton,Texas;providingthattheprovisionsofSections26-3,26-4,26-5,26-7,26-8(a),and26-9ofthe CodeofOrdinancesoftheCityofDenton,TexasshallexpresslyapplytoCityofDentonSolidWasteand RecyclingServices;providingforamendmentstotheresidentialrefuse&recyclingcollectionservicesrates; providingcommercialrefuseandrecyclingcollectionservicesrates;providingprocessinganddisposalservices rates;providingsolidwaste&recyclingservicesdefinitions;providingforarepealer;providingfora severability clause; providing an effective date. The Public Uti BACKGROUND TheproposedFY2014-2015SolidWasteandRecyclingrateadjustmentswereincludedinthedevelopment oftheFY2014-2015SolidWasteandRecyclingbudgetdocumentationandpresentationmaterialspresented totheCityCouncil.Therateadjustmentssupporttheservicelevelsprovidedfortheforecasteddepartmental residential, commercial, disposal and processing customers for F Actual and Proposed Residential Refuse and Recycling Cart Monthly Rates: FY 2014 FY 2015 Small Cart$25.00$26.00 Standard Cart $26.00$26.75 Large Cart$30.90$32.00 Landfill Gate Rate (per ton) $43.50$44.00 Commercialratesareincreasingapproximately2.8%forFY2014-2015.Specificrateincreasesvarybasedon the type of service, size of container, and the frequency of ser TheSolidWasteRatescheduleswerereviewedbyaninternalstaffteamtodeterminewhetherthelengthy documentcouldberevisedtoreduceredundancy,eliminateandconsolidaterateswhereappropriate,and generallymakethedocumenteasierforcustomersandcustomerservicestafftouse.Theordinanceeliminates twoschedules(Multi-familyservicesandC&Dservices)andconsolidatestheirratesintotheResidential, Commercial and Disposal rate schedules. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0537,Version:1 RECOMMENDATION ThePublicUtilityBoardandstaffrecommendapprovaloftheSolidWasteandRecyclingDepartmentrateordinance,withan effective date of October 1, 2014. FISCAL INFORMATION TheProposedFY2014-2015SolidWasteoperatingbudgettotals$27,802,592andtheproposedFY2014-2015CIPBudgettotals $11,003,000.TheproposedoperatingandcapitalbudgetswillmeettheSolidWasteandRecyclingservicesneedsofthecommunity, and are the basis for the rates established within the attached EXHIBITS I.Proposed FY 2014 - 2015 Solid Waste & Recycling Department Rate Respectfully submitted: A. Vance Kemler General Manager, Solid Waste & Recycling Services Prepared by: S. Lebsack Development Manager, Solid Waste & Recycling Services City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit #1 ORDINANCE NO. 2014-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2013-23 AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY O DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 2 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTO SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE AND RECYCLIN SERVICES; PROVIDING FOR AMENDMENTSTO THE RESIDENTIALREFUSE & RECYCLING COLLECTION SERVICES RATES; PROVIDING COMMERCIALREFUSE RECYCLING COLLECTION SERVICESRATES; PROVIDING PROCESSING AND DIS SERVICESRATES;PROVIDING SOLID WASTE & RECYCLING SERVICES DEFINIT PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; P AN EFFECTIVE DATE. SECTION 1.The charges for Solid Waste and Recycling collection s by Section 24-42(b) of Article II, Section 24-66 of Article III Chapter 24; and by Section 32-90 of Article IV of Chapter 32 of of Denton, Texas, are hereby established as follows: SOLID WASTE AND RECYCLING RATE SCHEDULES PAGE RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES.............. COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES............... PROCESSING AND DISPOSAL SERVICES................................ SOLID WASTE AND RECYCLING SERVICES DEFINITIONS.................. 1 RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/2014) Residential collection services accounts are defined as: A singl unit of a duplex or triplex, orany single unit or living space i resides. Carts are collected weekly. All refuse must bebaggedwhenplaced w must be fully closed. Recycling materials should not be bagged w and the lid must be fully closed. All carts must be placed at th collection day. Residential accounts are billed monthly. Monthly Rate Residential Collection Services Small Refuse & Recycling Cart$ 26.00 Standard Refuse &Recycling Cart$ 26.75 Large Refuse & Recycling Cart$ 32.00 Additional Large Refuse Cart$ 26.50 To receive any of the following residential services,residents s minimum of one day prior to their scheduled collection day. Service Fees Excess Refuse -per cart reload and empty$ 7.00 Yard Waste -per cubic yard, in excess of 4 cubic yards$ 7.00 Large Household Item -per item, in excess of 4 items per year$ 7.00 Appliances and Electronics$ 20.00 Residential Remodeling -per CY -$ 20.00 (4 CY maximum) Cart change out fee -for next service day$ 65.00 2 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/2014) Every owner, occupant, tenant, or lessee of any business, commer property not entitled to receive residential refuse collection s commercial collection service provided by the City of Denton.Com monthly or semimonthly. New commercial business development andredevelopment will be pro recycling servicesas outlined in the Denton Development Code and Refuse and recyclables will be collected in city provided or cit Only recyclable materials accepted by the City shall be deposite The owner/manager of all commercial businesses is responsible fo proper recycling procedures. The City of Denton has the authority to inspect the contents of materials contamination shall not exceed 10%, or the materials w of Denton as Municipal Solid Waste. Commercial Collection Services Commercial Cart Service One Pair Refuse and Recycling Carts$ 32.00 Additional Recycling Cart $ 5.50 Commercial Side Load & Front Load Refuse Services Rates are for one cubic yard of scheduled service. For each clas yardage rate by the weekly number of cubic yards of service prov service charge for scheduled commercial collection service. Commercial Refuse Rates Per Cubic Yard Per Month Commercial Side Load Service$ 32.50 Front Load 4 Cubic Yard Service$ 25.00 > 4 Front Load Cubic Yard Service $ 22.50 6 CY Front LoadCompactor $ 67.50 Temporary Container Rental Charge$ 80.00 Temporary Container Collection Charge$ 115.00 Commercial Recycling Rates Per Cubic Yard Per Month Front Load 4 Cubic Yard Service$ 22.50 > 4 Front Load Cubic Yard Service $ 20.25 3 Temporary Container Rental Charge$ 70.00 Temporary Container Collection Charge -OCC$ 52.50 Temporary Container Collection Charge -Single Stream$ 84.00 Special Events Recycling Small Events -10 Clear Stream (CS) Bags & Holders$ 60.00 Dumpster Package -1 x 8 CY Container, 20 CS, Signs$ 144.00 Roll-Off Container Charges Open Top Rental Charge$ 160.00 Self Contained Compactor Rental Charge$ 430.00 42 CY Stationary Compactor Rental Charge$ 620.00 Roll-Off Container Collection Charge$ 270.00 Per Item Commercial Service Fees Delivery / Relocation / Inaccessible / Exchange / Extra Service$ 75.00 Container Right-of-Way Fee -Per Day$ 10.00 Same Day Service Fee (request before 11:00 a.m.)$ 50.00 Dumpster Lock Installation & Services Per Month$ 20.00 4 PROCESSING AND DISPOSALSERVICES (Effective 10/01/2014) Rates per Ton Municipal Solid Waste Disposal Rates Gate Rate $ 44.00 Commercial Rate $ 28.50 Wholesale Rate $ 23.00 Clean Lumber $ 23.00 Special Waste Collection varies Per Cubic Yard Cubic Yardage Rates -Per Cubic Yard (CY) Uncompacted MSW $ 7.80 Compacted MSW$ 8.20 Concrete, Block, Brick$ 5.00 Other Charges Minimum Gate Charge $ 25.00 Unsecured Loads -Per Load$ 20.00 Appliances -Per Item$ 20.00 Electronics -Per Item$ 15.00 Hand Unloading when LF Closed -Charge Per Hour$ 120.00 Materials Pull-Off Charge -Per Pull$ 40.00 Tire Charges Each Street Tires 31" diameter$ 8.00 Street Tires > 31" diameter and < 42" diameter $ 10.00 Off-road tires and street tires 42" wheel diameter $ 35.00 Tires with Rim Each Street Tires 31" diameter$ 16.00 Street Tires > 31" diameter and < 42" diameter $ 30.00 Off-road tires and street tires 42" wheel diameter $ 50.00 Sand and Soil -Per Ton (plus sales tax) Screened Sand$ 4.25 Select Fill$ 3.75 Select Fill -CL Grade$ 4.50 Crushed Concrete Sales -Per Ton$ 8.00 Rock Sales -Per 100 lbs.$ 5.00 Materials Delivery Fee -Minimum Charge Per Load $ 100.00 5 Community Garden Plots Annual Charge per Garden Plot (16' x 24')$ 50.00 Plots are paid for on a calendar year basis. No proration. Vehicle and Equipment Storage Rates Single Space Leased$ 25.00 Annual Rate for Single Space Leased$ 250.00 6 SOLID WASTE & RECYCLING SERVICES DEFINITIONS (Effective 10/01/2014) Household Hazardous Waste Residential and multi-family household chemicals should not be p They include pesticides, herbicides, cleaning chemicals, paints, Customer Service to receive curbsidecollection.The chemicals sho containers and placed where requested by the Customer Service st Electronic Equipment Televisions, monitors, video displays, laptops, similar electron containing CRT, LED, LCD, plasma, and other electronic displays collection, processing, recycling, and disposal of these items. ResidentialRemodeling Residential remodeling materials include,but arenot limited to;l other construction materials. No materials shall exceed 8 feetin cubic yards of remodeling materials for collection, the customer container of adequate size to contain the materials and maintain least once per month. Residential customers may be provided commercial containers and commercial rates. Temporary containers may be placed on resident Commercial Cart Collections In areas where commercial cart collection service is available, cubic yard or less of refuse per week)may contract for weeklycar placedin the cart, and the cart set out for collection no later collection day. A maximum of four carts will be provided;two ref Commercial Delivery / Relocation / Inaccessible/ ExchangeFee/ Ex A fee will be charged for containerdelivery, relocation, inacces services. Commercial Same-Day Service Fee The Solid Waste Department Customer Service personnel must recei service requests prior to 11:00 a.m. in order to provide same da Commercial Deposit Fee A service deposit is requiredfor commercial containers. Payments by the due date will result in the customers deposit being incr The deposit increase will be based upon the customers billing h service, the customer is required to remit the previous service deposit charges. The General Manager ofSolid Waste and Recycling adjust the deposit based upon the review of the customers credi 7 Shared Commercial Containers Shared commercial container customers must have at least onecubi per week. The use of shared commercial containers shall be deter Recyclingstaff. Commercial Service Requirements Equipment Uses -All equipment furnished by the Cityshall at all of the City, and not private property. Customersshall not modify purpose other than as set forth herein. The City shall repair, a The customer, however, agrees to be solely responsible for any d resulting from any negligent acts or misuse bythe customer, cust invitees. The City may temporarily replace the size and/ortype o more pieces of equipmentof equivalent capacity for the purposes Customer agreesthat the equipment is in the customer's care, cus Equipment Location Customersshall provide an accessible location for the equipment and legal clearance. Customerswill be solely responsible for pro timesand shall not be relievedof payment of any charges for serv provided by the City because of the customers failure to mainta equipment. The equipment locationrequires a minimum of 4 feet of equipment, if equipment is not located within an enclosure const container shall be set closer than 4 feet to any structure. The takes on the customers premises must provide a minimum clearanc of at least 2feet. Overhead clearance of 25feet is required for front and sideload containers. Failure of the customer to provid clearances will result in a discontinuation of their service unt will require the customer to pay any and all damage claims, publ servicingthe container. Services required to place the container to the customer. Container Weight Limits Loaded side-load containers shall not exceed a total weight of o shall not exceed a total weight of two tons. Any container evalu to contain excess weight shall be emptied by the customer to the manager prior to being serviced. Tickets and/or fines for overwe administrative costs are the responsibility of the customer and Special Wastes Acceptance of special waste is subject to Federal and State laws Denton has the right to refuse to accept or collect special wast collection and disposal of special waste, approved by the Genera Recycling,will be established based on the type of special waste collection and disposal of the waste Unsecured Loads In compliance with State regulations, solid waste loads that are material from spilling will be charged an Unsecured Load Fee. 8 Sand, Soil, Rock,and Aggregate Material Sales The Solid Waste Department may sell excess sand, soil, rock, and Pricing for these materials will be established by the General M a rate to fully recover costs. Sales tax shall be added to the s Salvaged Materials Materials offered for sale at the Second Chance Store will be so Landfill Surcharge The current State of Texas assesses a landfill surcharge per(30 pass-through charge collected on behalf of the State of Texas. A established by a governmental entity will be added to the dispos delivered to the landfill. Miscellaneous Should any other fees and/or charges be established by any other those fees and/or charges will be added to the monthly rate stat shall recover those additional costs from the customer. Other collection and processing services may be provided at fees approved by the General Manager. The fees established will recou special and administrative services provided. Indemnification and Hold Harmless Customer shall defend, indemnify and hold the City harmless from location, and any and all claims made by any other person having at the service location, for any loss, damage or deterioration o materials, or similar facilities at the servicelocation by reaso are used to service the equipment. Customer further agrees to re harmless the City of Denton, Texas, from and against any and all furnishing of solid waste and recycling services performed by th family living facilitiesas well as commercial entities. 9 SECTION 2. The General Manager of Solid Waste and Recycling of designee,is hereby authorized to deny the use of the City of Den provides false information regarding the origin of, or the compo disposal to the landfill; or for safety violations committed by non-compliance with verbal and written instructions provided to Recycling Department personnel at the landfill; or for nonpaymen customer to the City of Denton, Texas; or for any violation of t within the landfill; or for any non-compliance by the customer w Environmental Quality regulations or policies; or for any non-co City of Dentons Code of Ordinances or rules; or for any violati customer as posted by the Solid Waste and Recycling Department a from time to time. SECTION 3. It is in the public interest that the provisions of 7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of D expressly apply to City of Denton Solid Waste and Recycling serv SECTION 4.All ordinances or parts of ordinances in force when the provisio ordinance became effective which are inconsistent, or in conflic contained in this ordinance are hereby repealed to the extent of SECTION 5.If any section, subsection, paragraph, sentence, clause, phrase, ordinance, or the application thereof to any person or under any court of competent jurisdiction, such holding shall not affect t this ordinance, and the City Council of the City of Denton, Texa enacted such remaining portions despite any such invalidity. SECTION 6. This ordinance shall become effective, charged, and and recycling services rendered by the City of Denton on and aft said rates, fees, and charges shall be maintained on file in the Texas. PASSED and APPROVED this ________ day of ____________, 2014. _________________________________ CHRIS WATTS, MAYOR 10 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ____________________________________ 11 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0513,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development/Community Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas,approvingafunding agreementbetweentheCityofDentonandtheDentonAffordableHousingCorporation;providingforthe termsofsaidcontract;authorizingtheCityManagertoexecutetheagreementandtoexpendHomeInvestment Partnership Program funds with respect to the agreement; and pro BACKGROUND TheDentonAffordableHousingCorporation(DAHC)isalocally-certifiedCommunityHousingDevelopment Organization(CHDO).HomeInvestmentPartnershipProgram(HOME)requirementsstatethat15%ofa participatingjurisdictionsfundingmustbeallocatedtoCHDO-administeredprograms.Onanannualbasis, theCityofDentonallocatesaminimumof15%oftheCitysHOMEallocationtoDAHCforvarious affordablehousingprograms.The2014-15HOMEallocationof$100,000willprovideDAHCwith$81,446in fundingforthepurchase,rehabilitationandsaleofsingle-familyhousingunitsundertheAffordableHousing OpportunityProgram(AHOP).Downpaymentandclosingcostsassistancewillalsobeavailablefor homebuyers.Itwillberequiredthatallunitsbebroughtuptolocalbuildingcodes.Theremaining$18,554will assistDAHCwithoperatingcosts.Fundsremainingfromthe2012and2013-yearbudgetswillprovidean additional$48,312.80forAHOPprojectsand$16,360.00foroperatingcosts.HOMEfundswillbereimbursed toDAHCasprojectsarecompleted,inspectedandappropriatedocumentationreceivedbytheCommunity Development Division. OPTIONS Approval of Citys funding agreement with DAHC; Request revisions to the funding agreement for future review. RECOMMENDATION Staff recommends approval of the funding agreement with DAHC. ESTIMATED SCHEDULE OF PROJECT City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0513,Version:1 Section1,Term ofthefundingagreementstatesthatallfundsshallbeexpendedandallprojectscompleted onorbeforeDecember31,2015,unlessadjustedbytheCity.TheAgreementandrequiredcompliancewith HOMEProgramregulationswillterminateafterALLfundedprojectshavemettherequired affordability period as stated in 24 CFR Part 92 Subpart F. PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheCommunityDevelopmentAdvisoryCommitteerecommendedapprovaloffundingDAHCsAHOP. FundingfortheprogramwasincludedintheCitys 2014ActionPlanforHousingandCommunity Development. City Council approved the Action Plan on May 6, 2014. FISCAL INFORMATION FundingfortheproposedprojectswillbereimbursedtoDAHCfromtheCitys2012,2013and2014HOME allocations.HOMEfundingisallocatedtotheCityofDentonbytheU.S.DepartmentofHousingandUrban Development.CitystaffcostsforprogrammonitoringarepaidprimarilyfromtheHOMEandCommunity DevelopmentBlockGrant(CDBG)programs.TheCDAdministratorpositionisfundedthroughthegeneral fund. BID INFORMATION N/A EXHIBITS 1.Funding Agreement 2.Ordinance Respectfully submitted: Brian Lockley Director of Planning & Development Prepared by: Barbara Ross Community Development Administrator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit 1 Funding Agreement Exhibit 2 Ordinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0514,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizingandapproving communicationservicesforwirelessdevicesasapprovedbytheStateofTexasDepartmentofInformation Resources(DIR)ContractNumberDIR-SDD-1780;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(File5352-PurchaseofWirelessCommunicationServicesforSprintaircardsand cell phones awarded to Sprint Solutions, Inc. in the three (3) y FILE INFORMATION Sprint/Nextelprovidespush-to-talkandcellphoneservicesavailableinasinglehandheldunit.SolidWaste usesthepush-to-talkfunctionalityasradiocommunicationsbetweenthedriverandcrewleaders.Also,this serviceprovidesreal-timeGPStrackingofvehiclesforallSolidWastevehicles.Thewirelessaircardservice providesaccesstotheCitysComputerNetworktherebyaffordingdirectaccesstowebapplicationsfor GeographicInformationSystems(GIS)mappingandworkordersystems.ItisessentialfortheCityofDenton tokeepthecurrentwirelessconnectivitywiththeestablishedvendortoensurethereisnolapseinserviceor support.Currently,theCityhas147devicesusingthisservice.Alistofthedepartmentsutilizingthisserviceis included as Exhibit 1. RECOMMENDATION TechnologyServicesrecommendsawardingtoSprint/NextelNetwork,Inc.forwirelesscommunication servicesathree(3)yearnot-to-exceedamountof$300,000.Thisamountincludesacontingencyforadditional services and hand held devices that may be required during the t PRINCIPAL PLACE OF BUSINESS Sprint Solutions, Inc. Overland Park, KS ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0514,Version:1 FISCAL INFORMATION ThecostofindividualinstrumentsandserviceswillbechargedtotheCitydepartmentordivisiontowhichthey are assigned. EXHIBITS Exhibit 1: Sprint Account List Exhibit 2: DIR Contract Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 Estimated Expenses Department Served 2014-2015 City Manager's Office$540 Fleet Services$540 Denton Municipal Electric$15,500 Materials Management$2,700 Traffic Operations$1,200 Parks$540 Police$2,200 Public Communications Office$900 Solid Waste$60,466 Water Admin$540 Estimate Total $85,126 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES SPRINT SOLUTIONS, INC. 1. Introduction A. Parties ThisContract for products and related services is entered into between the State of Texas, th its principal place of business at 300 West 15 Street, Suite 1300, Austin, Texas 78701, and Sprint Solutions, Inc. 6200 Sprint Parkway, Overland Park, Kansas 66251. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts Business Daily, Request for Offer (RFO) DIR-SDD-TMP-169, on October 14, 2011, for Hardware, Software and Services for Wireless Voice, Data, Pagers and Mobile Satellite Voice. Upon execution of this Contract, a notice of award for RFO DIR-SDD-TMP-169 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence This Contract; Appendix A, Standard Terms and Conditions For Products and Related Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Service Agreement Terms; Exhibit 1-SDD-TMP-169, including all addenda; and Exhibit 2, RFO DIR-SDD-TMP-169, including all addenda;are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Exhibit 1, then Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract A. The term of this Contract shall be one (1) year commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract, upon mutual agreement, for up to three (3) optional one-year terms. Page 1 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 B. DIR agrees that Vendor may accept Purchase Orders with a termination date up to one year beyond the theneffective termination date of the Contract. Vendor agrees that it shall not accept Purchase Orders under the Contract for any term beyond one year from the effective termination date of the Contract. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Wireless Voice & Data Products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to Wireless Voice & Data Services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.B above. 4. Pricing A. MSRP is defined as the product sales price suggested by the manufacturer or publisher of a product. B. Customer Discount The minimum Customer discount from the Vendor for all standard Sprint Wireless Voice and Data Service Plans for corporate-units will be 24% off eligible monthly recurring charges. The minimum Customer discount from the Vendor for all Sprint and Nextel accessories for corporate-liable units is 20% off of current retail price. . C. Customer Price 1) The price to the Customer shall be calculated as follows: Customer Price = MSRP Customer Discount 2) Customers purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In such event, a copy of such better offerings shall be furnished to DIR upon request. 3) If pricing for products or services available under this Contract are provided at a lower price to: (i) an eligible Customer who is not purchasing those products or Page 2 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 services under this Contract or (ii) any other entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available Customer Price in this Contract shall be adjusted to that lower price. This requirement applies to products or services quoted by Vendor or its resellers for a quantity of one (1) under like terms and conditions, and does not apply to volume or special pricing purchases. This Contract shall be amended within ten (10) business days to reflect the lower price. D.Telecommunications Fees and Surcharges and Taxes (a) The only applicable FCC authorized fee, surcharge or assessment in effect as of the date of this Contract is the Federal Universal Service Fund charge. Any additional FCC, PUC or other authorized telecommunications taxes, fees and surcharges applicable to any Service may only be imposed during the Term, upon a written amendment to authorize such imposition under the Contract. Vendor acknowledges that certain Customers that are political subdivisions of the State, are exempt from the imposition and collection of certain State telecommunications fees, including the Texas Universal Service Fund Charge and the Texas Infrastructure Fund assessment. In addition, State agency Customers have additional exemptions from State telecommunications fees, including the 9- 1-1 emergency service fee, 9-1-1 equalization surcharge, poison control surcharge, and late charges imposed under Section 55.010, Texas Utilities Code. Vendor agrees to not bill for any items which are not mandated by the FCC, PUC or other proper authority and which are otherwise not applicable to the Services and for which Vendor has requested and received valid exemption certificates from Customers. Vendor agrees to promptly correct any incorrect billings of telecommunications fees and surcharges that occur. Vendor acknowledges that DIR makes no representations about the exemption status of any Customers that are assistance organizations, as defined in Section 2175.001, Texas Government Code or certain private institutions of higher education under Section 2170.004 (5), Texas Government Code. Vendor must request and receive any exemption certificates that may apply from each such organization directly. (b) During the Term, all changes in the law or fee structures, which creates or authorizes Vendor to impose an unlisted telecommunications fee and surcharge on the Services, which Vendor desires to impose and for which DIR Customers do not have an exemption, shall require an amendment in order to be effective against the State, DIR and Customers. In the event of a change in the law or telecommunications fees and surcharges structures, which results in an exemption from payment in favor of the State, DIR and/or Customers, Vendor shall give effect to theexemption without the necessity of an amendment hereto. (c) Vendor acknowledges that certain Government Entity Customers are exempt from state sales, use and excise taxes, Section 151.309, Texas Tax Code, and Federal Excise Tax, 26 USC Sections 4253 (i) and (j). Vendor further acknowledges that State agency Customers are exempt from the assessment and collection of sales taxes imposed by political subdivisions of the State. See Sections 321.208 (municipalities) and 323.207 (counties), Texas Tax Code. The Government Entity Page 3 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 Customers shall issue a tax exemption certificate upon request to Vendor. Vendor acknowledges that DIR makes no representation about the exemption status of any Customers that are assistance organizations, as defined in Section 2175.001, Texas Government Code or certain private institutions of higher education under Section 2170.004 (5), Texas Government Code. Vendor must request and receive any exemption certificates that may apply from each such organization directly. E.Other Fees Vendor acknowledges all activation fees and termination fees, including early termination fees, are waived for all Customers. F.Back-billing Prices to Customers for Services inadvertently left off previous invoices by the Vendor may be back-billed no more than 120 calendar days for usage. Pursuant to PUC Rule 26.27, a six-month limit from the date of discovery of an error applies to back-billing of all billed Services. Back-billing shall be included in the Adjustments. For purposes of this paragraph, a billing Adjustment is as modification or correction of a billing amount or an element of a Service. G. DIR Cost Recovery Fee The DIR Cost Recovery Fee (CRF) is authorized by Chapter 2170, Texas Government Code, and DIR has the discretion to set the rate of the CRF to recover its costs in accordance with the statute. The initial rate for the CRF is set forth in Section 5 herein. The DIR CRF specified in Section 5 below shall not be broken out as a separate line item when pricing or invoice is provided to Customer. H. Shipping and Handling Fees The price to the Customer under this Contract shall include all shipping and handling shall be charged to the Customer for standard shipping and handling. If the Customer requests expedited delivery, Customer will be responsible for any charges for expedited delivery. I. Tax-Exempt As per Section 151.309, Texas Tax Code, Government Entity Customers under this Contract are exempt from the assessment of State sales, use and excise taxes. Further, Government Entity Customers under this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections 4253(i) and (j).Assistance organizations may be exempt from the assessment of State sales, use and excise taxes under Section 151.310, Texas Tax Code. Vendor is responsible for determining applicable taxes on assistance organizations. DIR makes no representation with regard to the tax-exempt status of private institutions of higher education, qualified to participate in this Contract pursuant to Section 2170.004(5), Texas Government Code. Page 4 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 J. Travel Expense Reimbursement Pricing for services provided under this Contract are exclusive of any travel expenses that may be incurred in the performance of those services. Travel expense reimbursement may include personal vehicle mileage or commercial coach transportation, hotel accommodations, parking and meals; provided, however, the amount of reimbursement by Customers shall not exceed the amounts authorized for state employees as adopted by each Customer; and provided, further, that all reimbursement rates shall not exceed the maximum rates established for state employees under the current State Travel Management Program. Travel time may not be included as part of the amounts payable by Customer for any services rendered under this Contract. The DIR administrative fee specified in Section 5 below is not applicable to travel expense reimbursement. Anticipated travel expenses must be pre- approved in writing by Customer. K.Changes to Prices Vendor may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified in this Contract. Price decreases shall take effect automatically during the term of this Contract and shall be passed onto the Customer immediately. 5. DIR Cost Recovery Fee A) The Cost Recovery Fee (CRF) to be paid by the Vendor to DIR for Telecommunications Products and Services based on the dollar value of all sales to Customers pursuant to this Contract is two percent (2%). Payment will be calculated for all telecommunications sales, net of returns and credits. For example, the CRF fee for sales totaling $100,000 shall be $2,000. B) All prices quoted to Customers shall include the applicable CRF fee. DIR reserves the right to change this fees upwards or downwards during the term of this Contract, upon written notice to Vendor. Changes in the CRF fees shall be incorporated into the price to the Customers on the date designated by DIR. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Director, Communications Technology Services Division With a copy to: Attorney, Communications Technology Services Division Department of Information Resources 300 W. 15th Street, Suite 1300 Austin, Texas 78701 Facsimile: (512) 475-4759 Page 5 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 If sent to the Vendor: Michaela Clairmonte Sprint Solutions, Inc. 12502 Sunrise Valley Drive Reston, VA 20196 Phone: (703)433-8581 Facsimile: (703)433-8796 Email: michaela.clairmonte@sprint.com 7. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and It is the CustomeShrink/Click-wrap License Vendor. Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. Appendix A, Section 4.D. Assignment 1.is hereby restated as follows: 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 and for Vendor, entity that has purchased all or substantially all of its assets), 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. Appendix A, Section 6.A. Service, Sales and Support of the Contract 2.is hereby restated as follows: 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 good faith efforts to ensure that current and potential DIR Eligible Customers are made Page 6 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 aware of the existence of the Contract. Excluding any existing and new purchases on existing federal, cooperative and standalone contracts held by Vendor which were executed prior to the effective date of this Contract and which DIR acknowledges are not in conflict with Section 4(C)(3) of the Contract, all new sales to Texas DIR Customers for products and services available under the Contract shall be processed through the Contract. Appendix A, Section 8.B.2. Detailed Monthly Report 3.is hereby restated as follows: 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 Go DIRect Coordinator. Reports are due on the fifteenth (15th) calendar day after the close of the previous month period. If the fifteenth (15th) calendar day falls on a non-business day, the report shall be due on the next business day. It is the responsibility of Vendor to collect and compile all sales under the Contract from participating Order Fulfillers and submit one (1) monthly report. The monthly report shall include, per applicable, Customer name, invoice date, invoice number, description, part number, manufacturer, quantity, unit price, extended price, Customer Purchase Order number, 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. Appendix A, Section 8.B.4.A. 4.is hereby restated as follows: 4)DIR CRF a) The applicable CRF/administrative fee shall be paid by Vendor to DIR to defray the DIR costs of negotiating, executing, and administering the Contract and to recover costs of the telecommunications program. The CRF/ fee is as specified in Section 5 of the th Contract. Payment of the CRF fee shall be due on the seventeen (17) calendar day after th the close of the previous month period.If the seventh (17)calendar day falls on a non- business day, the cost recovery fee shall be due on the next business day. Appendix A, Section 9.N. Required Insurance Covers 5.is hereby restated as follows: 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 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 Page 7 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 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: Commercial General Liability 1) 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) include limits consistent with statutory benefits outlined in the Texa Compensation Act (Art. 8308-1.01 et seq. Tex. Rev. Civ. Stat) and minimum $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. Page 8 of 9 EXHIBIT 2 DIR Contract No. DIR-SDD-1780 This Contract is executed to be effective as of the date of last signature. Sprint Solutions, Inc. Authorized By: Signature on File Name: John Dupree Title: Senior Vice President Date: 4/25/12 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Carl Marsh Title: Chief Operating Officer Date: 4/30/12 Page 9 of 9 EXHIBIT 2 Amendment Number 2 to Contract Number DIR-SDD-1780 between State of Texas, acting by and through the Department of Information Resources And SPRINT SOLUTIONS, INC. This Amendment Number 2 to Contract Number DIR-SDD-1780 ) is between the Sprint Solutions, Inc. ). DIR and Vendoragree to modify the terms and conditions of the Contractas follows: Contract, Section 2, Term of Contract, 1. is hereby restated in its entirety as follows: A) The term of this Contract is extended through April 30, 2015. P expiration date of the term, DIR and Vendor may extend the Contr mutual agreement, for up to one (1) additional one-year term. B) All prices quoted to Customers shall include the applicable admi DIR reserves the right to change this fees upwards or downwards term of this Contract, upon written notice to Vendor. Changes in administrative fees shall be incorporated into the price to the date designated by DIR. Contract, Section 4, Pricing, G. DIR Cost Recovery FeeDIR 2. , is re-titled Administrative Fee , and is hereby restated in its entirety as follows: G. DIR Administrative Fee The administrative fee is authorized by Chapter 2170, Texas Governme and DIR has the discretion to set the rate of the administrative costs in accordance with the statute. The initial rate for the forth in Section 5 herein. The administrative fee specified in not be broken out as a separate line item when pricing or invoic Customer. Contract, Section 5, Cost Recovery Fee,DIR Administrative Fee 3. is re-titled , and is hereby restated in its entirety as follows: A) The administrative fee to be paid by the Vendor to DIR for Telec Products and Services based on the dollar value of all sales to to this Contract is two percent (2%). Payment will be calculate telecommunications sales, net of returns and credits. For exampl administrative fee for sales totaling $100,000.00 shall be $2,0000. B) All prices quoted to Customers shall include the applicable admi DIR reserves the right to change this fees upwards or downwards duri of this Contract, upon written notice to Vendor. Changes in the Amendment Number 2 Contract Number DIR-SDD-1780Page 1 EXHIBIT 2 shall be incorporated into the price to the Customers on the dat DIR. Contract, Section 6, Notification,If Sent to the State, 4. is hereby restated in its entirety as follows: If sent to the State: Grace Windbigler, CTPM, CTCM Department of Information Resources Manager, Enterprise Contract Management 300 W. 15th Street, Suite 1300 Austin, Texas 78701 Phone: (512) 463-2861 Facsimile: (512) 475-4759 Appendix A, Section 8, Contract Administration, B. Reporting and CRF/ 5. Administrative Fees, B. Reporting and Administrative Fees, is re-titled and is restated as follows: B. Reporting and Administrative Fees 1) Reporting Responsibility a) Vendor shall be responsible for reporting all products and serv through Order Fulfillers under the Contract. Vendor shall file t subcontract reports, and pay the applicable DIR Administrative F accordance with the due dates specified in this section. b) DIR shall have the right to verify required reports and to take necessary to enforce its rights under this section, including bu 2)Detailed Monthly Report Commented [mkc1]: The requested COMMENT TO DIR: changes below are consistent with the original Contract and Vendor shall electronically provide DIR with a detailed monthly Amendment 1 with Sprint. format required by DIR showing the dollar volume of any and all sales under the Contract for the previous month period. Reports shall be submit ICT Cooperative Contracts E-Mail Box at ict.sales@dir.texas.gov. Reports are due on the fifteenth (15 th) calendar day after the close of the previous month period. If the fifteenth (15th) calendar day falls on a non-bus shall be due on the next business day. It is the responsibility and compile all sales under the Contract from participating Orde submit one (1) monthly report. The monthly report shall include the detailed sales for the period, the Order F applicable, Customer name, invoice date, invoice number, descrip number, manufacturer, quantity, unit price, applicable administr assessed, extended price, Customer Purchase Order number, contac Custome Each report must contain all information listed above per transa report will be rejected and returned to the Vendor for correctio with this section. 3) Historically Underutilized Businesses Subcontract Reports a) Vendor shall electronically provide each Customer with their re Historically Underutilized Business Subcontracting Report, pursu Amendment Number 2 Contract Number DIR-SDD-1780Page 2 EXHIBIT 2 Contract, as required by Chapter 2161, Texas Government Code. R also be submitted to DIR. b) Reports shall be due in accordance with the CPA rules. 4)DIR Administrative Fee Commented [mkc2]: The requested COMMENT TO DIR: changes below are consistent with the original Contract with a) The applicable administrative fee shall be paid by Vendor to DIR Sprint. the DIR costs of negotiating, executing, and administering the C recover costs of the telecommunications program. The administrat specified in Section 5 of the Contract. Payment of the administrative fee shall be due on the seventeenth (17th) calendar day after the close of the previous month period. If the seventeenth (17th) calendar day falls on a non-business day, the administrative fee shall be due on the next business day. b) Vendor shall reference the DIR Contract number on all remittanc instruments. 5)Accurate and Timely Submission of Reports Commented [mkc3]: There was COMMENT TO DIR: language added by DIR to Section 8, Contract Administration, a) The reports and payment of the applicable administrative fee sha subsection B. Reporting and Administrative Fees, 5) Accurate accurate and timely and submitted in accordance with the due dates spec and Timely Submission of Reports as a new paragraph c) in in this section. Vendor shall correct any inaccurate reports or Amendment 1. It was not included in this Amendment 2, so please confirm it is meant to be deleted from the Contract? fee payments within three (3) business days upon written notific Vendor shall deliver any late reports or late administrative fee payments within three (3) business days upon written notification by DIR. If Ve correct inaccurate reports or administrative fee payments or del and applicable fee payments within three (3) business days, Vendor must contact DIR and provide a corrective plan of action, including t completion of correction. The corrective plan of action shall be approval. b) Should Vendor fail to correct inaccurate reports or cure the de delivery of reports and payments within the corrective plan of a DIR reserves the right to require an independent third party aud c) Failure to timely submit three (3) reports within any rolling tw Appendix A, Section 8, Contract Administration, C. Records and Audit, 4), 6. is hereby restated in its entirety as follows: 4) For procuring State Agencies whose payments are processed by th Comptroller of Public Accounts, the volume of payments made to O through the Texas Comptroller of Public Accounts and the adminis Appendix A, Section 9, Vendor Responsibilities, subsection A. 7. Indemnification,: is hereby restated in its entirety as follows Amendment Number 2 Contract Number DIR-SDD-1780Page 3 EXHIBIT 2 A. Indemnification 1) INDEPENDENT CONTRACTOR VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, IT IS FURNISHING PRODUCTS AND SERVICES IN THE CAPACITY OF AN INDEPENDENT CONTRACTOR AND THAT VENDOR IS NOT AN EMPLOYEE OF THE CUSTOMER OR THE STATE OF TEXAS. 2) Acts or Omissions Vendor shall indemnify and hold harmless the State of Texas and AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting acts or omissions of the Vendor or its agents, employees, subcon Fulfillers, or suppliers of subcontractors in the execution or p Contract and any Purchase Orders issued under the Contract. THE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 3) Infringements a) Vendor shall indemnify and hold harmless the State of Texas and AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third claims involving infringement of United States patents, copyrigh marks, and any other intellectual or intangible property rights 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 VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. b) Vendor shall have no liability under this section if the allege caused in whole or in part by: (i) use of the product or service manner for which the product or service was not designed, (ii) a to the product by the Vendor pursuant intellectual property right owned by or licensed to Customer, or product or service by Customer that is not in conformity with th applicable license agreement. c) If Vendor becomes aware of an actual or potential claim, or Cust Vendor with notice of an actual or potential claim, Vendor may ( Amendment Number 2 Contract Number DIR-SDD-1780Page 4 EXHIBIT 2 for the Customer the right to continue to use the affected porti service, or (ii) modify or replace the affected portion of the p - infringing. Appendix A, Section 9, Vendor Responsibilities, subsection B. 8. is hereby restated in its entirety as follows: B. 1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. 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 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, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELAT ES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/TION IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTOR DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. Appendix A, Section 9, Vendor Responsibilities, subsection C. Vendor 9. Certifications, vii, is hereby restated in its entirety as follows: (vii) Vendor and its principals are not suspended or debarred fr with the federal government as listed in the System for Award Management (SAM) maintained by the General Services Administration; 10. Appendix A, Section 9, Vendor Responsibilities, subsection G. R Actions, 2), is hereby restated as follows: Amendment Number 2 Contract Number DIR-SDD-1780Page 5 EXHIBIT 2 2) Vendor, for itself and on behalf of its subcontractors, shall re when the conflict of interest disclosures under Article xvi of t Statement of Appendix A to the RFO and/or Section 9.C. (xii), Ve of this Appendix Ato the Contract change. Vendor covenants to fully cooperate wit DIR to update and amend the Contract to accurately disclose empl or former State employees and their relatives and/or the status interest. Appendix A, Section 10, Contract Enforcement, subsection B. Termination, 2) 11. Absolute Right, is hereby restated in its entirety as follows: 2) Absolute Right DIR shall have the absolute right to terminate the Contract with event that: i) Vendor becomes listed on the prohibited vendors l Executive Order #13224, "Blocking Property and Prohibiting Transactions with Persons Who C published by the United States Department of the Treasury, Office of Foreign Asse Vendor becomes suspended or debarred from doing business with th government as listed in the System for Award Management (SAM) maintained by the General Services Administration; or (iii) Vendor is found by to hold this Contract under Subsection (b) of Section 2155.006, Code. Vendor shall be provided written notice in accordance with Notices, of intent to terminate. 12. All other terms and conditions of the Contract as amended, not herein, shall remain in full force and effect. In the event of provisions, the order of precedence shall be Amendment Number 2, Amendment Number 1 and then the Contract. Remainder of Page Intentionally Left Blank Amendment Number 2 Contract Number DIR-SDD-1780Page 6 EXHIBIT 2 IN WITNESS WHEREOF, the parties hereby execute this amendment to be effective as of the date of the last party to sign, but in all events no later t SPRINT SOLUTIONS, INC. Authorized By: __ _ signature on file____________ (Sprint Ref. # BSG1403-0151) Name: ___Brian S. Miller_____________________ Title: _ __ Vice President Enterprise Sales______ _ Date: __3/18/14______________________________ The State of Texas, acting by and through the Department of Information Resources Authorized By: ___signature on file_____________ Name: ____Karen Robinson___________________ Title: Executive Director______________________ Date: ___3/27/14____________________________ Office of General Counsel: ___3/26/14__________ Amendment Number 2 Contract Number DIR-SDD-1780Page 7 EXHIBIT 3 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING AND APPROVING COMMUNICATION SERVICES FOR WIRELESS DEVICES AS APPROVED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT NUMBER DIR-SDD-1780; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5352-PURCHASE OF WIRELESS COMMUNICATION SERVICES FOR SPRINT AIR CARDS AND CELL PHONES AWARDED TO SPRINT SOLUTIONS, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $300,000). WHEREAS, pursuant to Resolution 92-019, the State of Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the State of Texas Department of Information Services Go Direct Program at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 5352 Sprint Solutions, Inc. $300,000 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of Texas Department of Information Services Go Direct Program for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the State of Texas Department of Information Services Go Direct Program, and the purchase orders issued by the City. EXHIBIT 3 SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Department of Information Services Go Direct Program, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the State of Texas Department of Information Services Go Direct Program, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2014. ______________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0515,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitivebidsandawardingapublicworkscontractforthe ConstructionofFM2499UtilityRelocation-PhaseIIproject;providingfortheexpenditureoffundstherefor; andprovidinganeffectivedate(Bid5476-awardedtothelowestresponsiblebiddermeetingspecification, SpeissConstructionCompany,Inc.intheamountof$1,604,356).ThePublicUtilitiesBoardrecommends approval (5-0). BID INFORMATION TheFM2499UtilityRelocationPhaseIIprojectconsistsoftherelocationofseveralexistingwaterand sanitarysewerlinestoaccommodatethenewalignmentandnewright-of-wayforStateHighwayFM2499. ConstructionofFM2499bytheStateiscurrentlyunderway,withtheCityhavingfurnishedtheTexas DepartmentofTransportation(TXDOT)acleardatefortheutilitiesofJune30,2015.Thecleardateisthedate thattheCitywillhavecompletedtherequiredrelocationoftheutilities.Thewaterportionofthisprojectis 100%reimbursablebytheState,whilethewastewaterportionis85%reimbursable.Thewaterandsanitary sewerlinestoberelocatedvaryinsizefrom6 upto48 .Someofthesanitarysewerlinesarebeingupsizedto accommodate future growth and current capacity inadequacies. Non StandardCityofDentonpurchasingprocedureswereutilized.Bidnoticeswereadvertisedinthelocalpaper, postedontheinternet,andemailedto607prospectivebidders.BidsfortheprojectwereopenedonAugust22, 2014.Atotaloffour(4)responseswerereceivedwitharangeinbidpricingfromalowbasebidof $1,604,356.00toahighbasebidof$1,891,209.00Theengineersopinionofprobableconstructioncost (OPCC) for the work was $1,200,000.00. The bid summary is enclos Thelowbidderforthisproject,SpeissConstructionCompany,Inc.appearstomeetallofthenecessary requirementsforqualificationonthisproject.SpiessConstructionCompany,Inc.sbidof$1,604,356.00is approximately34%morethantheengineersOPCC.Followupwithcontractorswhobidontheproject revealedthatcurrentmarketconditionsandthedisjointednatureoftheworkcausedthebidstoexceedthe engineersOPCC.AccordingtotheagreementwithTXDOTactualcostisreimbursableforthisprojectevenif it exceeds the engineers OPCC. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0515,Version:1 On September 8, 2014, the Public Utilities Board recommended app Council for consideration. RECOMMENDATION Award to the lowest responsible bidder meeting specification, Sp amount of $1,604,356. PRINCIPAL PLACE OF BUSINESS Speiss Construction Company, Inc. Santa Maria, CA ESTIMATED SCHEDULE OF PROJECT The project is estimated to be completed within 170 working days FISCAL INFORMATION FundingforthisprojectwillinitiallycomefromexistingbondfundsthroughWaterandWastewaterUtilities. Thewaterportionofthisprojectwillbefundedfromaccount630074517.1360.40100intheamountof $399,856.Thewastewaterportionwillbefundedfromaccount640050545.1360.40100intheamountof $1,204,500.Requisition#120712hasbeenenteredinthePurchasingsoftwaresystem.Reimbursementfromthe Statewillnotbereceiveduntilcompletionoftheseprojectsandthesefundswillbedepositedinthewaterand wastewater capital projects funds. EXHIBITS Exhibit 1: Location Map Exhibit 2: Bid Tabulation 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: Frank Payn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit 1 Project Location Map EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD September 8, 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, September 8, 2014 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Chairman Dick Smith OPEN MEETING: CONSENT AGENDA: 4.Consider recommending approval of an ordinance regarding Invitation for Bids 5476 to Spiess Construction Company, Inc. in the amount of $1,604,356.00 for the construction of the FM 2499 Utility Relocation Phase II project for the water and wastewater utility. Motion was made to approve item 4 by Board Member Russell with the second by Board Member Gallivan. The vote was 5-0 approved. Adjournment 10:37 a.m. EXHIBIT 4 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF FM 2499 UTILITY RELOCATION-PHASE II PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5476-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, SPEISS CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,604,356). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5476 Speiss Construction Company, Inc. $1,604,356 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 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 Bid 5476 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION6. 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 BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0516,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheCityManagertoexecutea ProfessionalServicesAgreementforengineeringandconsultingservicesfortheCityofDentonLandfill includingtheTexasCommissiononEnvironmentalQualitypermittingprocessandotherdesignand constructionprojects,withCP&Y,Inc.;providingfortheexpenditureoffundstherefor;andprovidingan effectivedate(File5625-awardedtoCP&Y,Inc.inthethree(3)yearamountnot-to-exceed$450,000).The Public Utilities Board recommends approval (5-0). FILE INFORMATION TheattachedProposedProfessionalServicesAgreementprovidesfundingfortheSolidWasteDepartments annualcontractwithCP&Y,Inc.(CP&Y)whichwillenableCP&YtoassisttheSolidWasteDepartmentwith generalengineeringservices,design,anddevelopmentrelatingtoinvestigatingandevaluatingvarioussolid wasteprojects.CP&Ywillalsoprovideassistanceandsupportwithregistration,permitting,andotherTexas CommissiononEnvironmentalQuality(TCEQ)agencyinterface,andprovideassistanceonbiddingprocesses and construction submittal documents. TheSolidWasteDepartmenthasusedCP&Yonnumeroussolidwasteprojects,andmostrecentlyonthe MunicipalSolidWastepermitamendmentandastheregisteredprofessionalengineerfortheLandfillCell4AB and5constructionexpansion.TheyarefamiliarwiththedepartmentalissuesconcerningtheTCEQpermit registrationprocess,departmentaloperationalpractices,andthedepartmentslandfillconstructionactivities.In accordancewithTexasLocalGovernmentCode252.022,theprocurementofprofessionalservicesisexempt fromtherequirementofcompetitionbasedselection.TheCityofDentonhasprevioussuccessfulexperience withtherecommendedfirm,andhaselectedtonotseekqualificationbasedcompetitionfortheseidentified services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 25, 2014, the Public Utilities Board recommended appro for consideration. RECOMMENDATION City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0516,Version:1 Approve a Professional Services Agreement with CP&Y, Inc. and th for professional engineering and consulting services in the thre PRINCIPAL PLACE OF BUSINESS CP&Y, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The contract term for this agreement will end September 30, 2017 FISCAL INFORMATION The services will be funded from Capital Improvements Program ac EXHIBITS Exhibit 1: Public Utilities Board Draft Minutes Exhibit 2: Ordinance Exhibit 3: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Vance Keml City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 DRAFT MINUTES PUBLIC UTILITIES BOARD August 25, 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 openmeeting on Monday, August 25, 2014 at9:01a.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 and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Lilia Bynum OPEN MEETING: CONSENT AGENDA: 3.Consider recommending approval of a Professional Services Agreement between Chiang, Patel, and Yerby, Inc. (CP&Y) and the City of Denton Solid Waste Department for CP&Y to provide annual professional engineering consulting services for three fiscal years, fiscal years 2015 through 2017, in anamount not to exceed of $450,000, PSA # 5625. Motion was made to approve item 3 by Board Member Russell with the second by Board Member Cheek. The vote was 5-0 approved. Adjournment 9:33 a.m. EXHIBIT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND CONSULTING SERVICES FOR THE CITY OF DENTON LANDFILL INCLUDING THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PERMITTING PROCESS AND OTHER DESIGN AND CONSTRUCTION PROJECTS, WITH CP&Y, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5625-AWARDED TO CP&Y, INC. IN THE THREE (3) YEAR AMOUNT NOT-TO- EXCEED $450,000). WHEREAS, t 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 contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional n 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 contract with CP&Y, Inc, to provide professional engineering and consulting 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 5625 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 BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:_________________________________ EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0517,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapproving meteringsoftwareandhandheldhardwaremaintenanceforcontinuedvendorsupportandupgradetosoftware version8.1fortheMeterDataManagementSystem(MDMS)forDentonMunicipalElectricMetering Department,whichisavailablefromonlyonesourceandinaccordancewithChapter252.022oftheTexas LocalGovernmentCodesuchpurchasesareexemptfromtherequirementsofcompetitivebidding;and providinganeffectivedate(File4448awardedtoItron,Inc.inthethree(3)yearnot-to-exceedamountof $350,000). FILE INFORMATION TheCityofDentonMunicipalElectricMeteringDepartmenthasbeenusingtheItronsoftwareandhandheld hardwaredevicessincethelate1990sandtheMeterDataManagementSystem(MDMS)since2010.This departmentusestheItronhandhelddevicesandsoftwaremeteringsystem(MVRSandMV-90)onadailybasis toreadandmanagemetersthataremanuallyreadsuchaswatermetersandcustomersthatoptoutofthe ElectricAutomatedMeteringInfrastructure(AMI)typemeters.Thedevicesarealsousedtopulldatafrom ERCOTmeters,andpulldatafromlargecustomermeteraccountssuchasPeterbilt.TheMDMSsoftware managesandstoresthemeterdataforbillingAMImetersaswellasintervaldataforreporting,analysis,and trendingpurposes.WiththeupgradetoItronMDMS8.1,thesoftwarewillbesupportedonWindows7.Itis essentialfortheCityofDentontokeepcurrentmaintenancewiththesoftwarevendorinordertoensure availabilityofupgrades,softwarefixes,andaccesstoknowledgeandsupportresources.TheTechnology Servicesdepartmentcouldnotidentifyanylocalvendorsthatcouldprovidesoftwaremaintenanceforthis application.Therefore,procuringthismaintenancefromtheabovevendoristhebestvaluefortheCityof Denton. Itronisthesolesourcevendorforcontinuedupgrade,supportandmaintenanceforItronsoftwareand hardware.Section252.022oftheLocalGovernmentCodeprovidesthatprocurementofcommoditiesand services that are exempt from competitive bidding, if over $50,0 RECOMMENDATION TechnologyServicesrecommendsawardingtoItron,Inc.formetersoftwareandhandheldhardware City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0517,Version:1 maintenanceandupgradeinthethree(3)yearnot-to-exceedamountof$350,000.Thisincludestheone-time upgradecostfortheMeterDataManagementSystemof$99,000plustravelandexpenses,maintenancefor three(3)yearswhichisestimatedtobe$112,685andacontingencyamountforinterfacingthehandheld hardware devices with the Citys meter reading software and bill PRINCIPAL PLACE OF BUSINESS Itron, Inc Liberty Lake, WA ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu FISCAL INFORMATION FundingisbudgetedinTechnologyServicesoperatingaccountnumber830900.6504beginningOctober1, 2014. EXHIBITS Exhibit 1: Quotes from Itron, Inc. Exhibit 2: Upgrade Statement of Work Exhibit 3: Sole Source Memo Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 2 Statement of Work IEE MDM 7.0 TO IEE 8.1 UPGRADE City of Denton Itron Sales Director: Kevin Coons, Itron Inc. EXHIBIT 2 Solution Delivery Services Version 1.1 A.About this Document ................................................................ 3 B.Document Controls ................................................................ 4 B.1. Change Record ................................................................ 4 B.2. Reviewers................................................................ 4 B.3. Document Storage ................................................................ 4 B.4. Document Owner ................................................................ 4 C.Project Overview ................................................................ 5 D.Solution Overview ................................................................ 6 D.1. Solution/Business Objectives................................................................ 6 E.Services Provided ................................................................ 7 E.2. Project Timeline ................................................................ 7 E.3. Project Resources ................................................................ 8 E.4. Itron Project Roles and Responsibilities ................................................................ 8 E.5. Denton Project Roles and Responsibilities: ................................................................. 9 F.General Project Assumptions ................................................................ 12 G.Key Deliverable Overview ................................................................ 14 H.Key Deliverable Details ................................................................ 17 A. Project Management ................................................................ 17 B. Business Solution Design ................................................................ 19 C. System Architecture, Environments & Design ................................................................ 20 D. Install, Build & Configure ................................................................ 21 E. Test ................................................................. 22 F. Training ................................................................ 23 G. Production Live System ................................................................ 24 H. Transfer ................................................................ 24 I.IEE MDM 8.1 Upgrade Data Warehousing Support ................................................................ 25 I.Service Fees ................................................................ 26 J.Statement of Work Agreement Approval................................................................ 28 Appendix A Change Control Process ................................................................ 29 Appendix B Change Order Form ................................................................ 30 Appendix C IEE 8.1 Installation Guide and Upgrade Guide ................................................................ 33 Appendix D Severity Definitions ................................................................ 34 City of Denton SOW for IEE MDM Upgrade Project Confidential Page 2 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 A.About this Document This Statement of Work ("SOW") document defines the activities ("Services") to be performed by Itron, Inc. ("Itron") for the City of Denton. ("Customer") for the Itron Project"). This SOW is entered into as of this ______ day of ________________, 2014 ("Effective Date") and is governed by the terms and conditions of the Software License and Services Agreement, dated 0714/2010 by and between C describe agreed upon scope, services to be provided, assumptions City of Denton SOW for IEE MDM Upgrade Project Confidential Page 3 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 B.Document Controls B.1. Change Record Date Author Version Change Reference December 5, 2013 Robert Syrenne 1.0 Initial Draft August 26, 2014 Udo van Rijssen 1.1 Updated SLA B.2. Reviewers Name Sign-off Position Required <Name> Yes City of Denton Kevin Coons Itron Software Sales Director Itron Solution Delivery Udo Van Rijssen Itron Contract Request Itron Contracts Yes B.3. Document Storage This document was created using MS Word and is stored at Itron u B.4. Document Owner This document contains information that is confidential and prop is responsible for developing and maintaining this document. It purposes of the IEE MDM Upgrade Project as described. This document or portions thereof should not referred to, re-produced, consent of Itron. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 4 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 C.Project Overview Denton is seeking from Itron; the provision of Services to upgra v8.1. Itron will provide the required resources to implement th from Denton. For the project, no new functionality or changes to existing sys determined as a mandatory Itron v8.1 software requirement. Dent which their present version 7.0 SP4 operates with will be consis order to ensure delivery of a production system that will suppor requirements. New functionality of v8.1 software will explored to by both parties and acknowledged through either the change ora new SOW. into production as detailed further within this SOW. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 5 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 D.Solution Overview This section provides an overview of the Itron solution to be de Upgrade Project. D.1. Solution/Business Objectives As Itron works to deliver the IEE MDM version 8.1 upgrade project to Denton, a clear understanding of the project objectives must be understood and agreed upon by both Parties. Solution Objective (business objectives) Project Strategy Upgrade the IEE MDM meter data collection, data Support Denton management, and data distribution solution. collection, data management, and data distribution. Maintain the current integration between IEE MDM Support Dentonpresent system integration and head-end, and IEE MDM and CIS. between IEE MDM and external systems to facilitate the distribution of meter configuration and meter reading data. Deploy a scalable system and architecture to Provide Denton with a scalable interval meter data support growth. acquisition and management platform to support potential growth in interval meter deployments. Provide an architecture that will support Denton in future efforts to improve and enhance surrounding technologies and business processes. Support customer with minimal disruption through Support customer with a bare minimum of disruption implementation process. to their existing technology and business processes. Complete the upgrade project prior to any additional New functionality will not be introduced during the Denton projects. upgrade project. Should Denton decide to implement enhancements available in the 8.1 release of IEE MDM, those will be considered after the system has been migrated from 7.0 to 8.1 and detailed in amending change order or new SOW. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 6 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 E.Services Provided By signing this SOW, Denton engages Itron, and Itron agrees to p detailed assumptions in Section F. of this SOW. E.1. Services Provided Services Provided Description Manage project Manage Itron project schedule, scope and financials. Project reporting/communications (as agreed by both parties). Active participant in project Deliverables Management of Itron project resources involved in the project de Issue and Risk Management Design solution Verify the current s and processes to ensure no changes have been made since last production cut over. Install and configure all IEE MDM Install IEE MDM software version 8.1 with the latest hotfix software Configure IEE MDM business rules Support Denton system and user acceptance testing Support integration to in-house systems Configure IEE MDM to export and Configure IEE MDM to export metering data to the identified CIS import data from other current system systems Configure IEE MDM to import customer account data from the identified CIS system Configure IEE MDM to import data from the identified data collec systems Data Migration Develop 7.0 SP4 to 8.1 data migration scripts Develop data migration controls Perform data migration testing Testing Support test plan & test case creation (based on existing Denton 7.0 SP 4 test scripts) Perform and support testing activities as identified and agreed Train the Denton IEE MDM users Provide IEE MDM functional and technical training on version 8.1, focusing on version differences (v7.0 SP4 versus v8.1) Go Live Support On-site and remote support assistance as required E.2. Project Timeline The project timeline and proposed IEE MDM Upgrade Project as well as the Deliverables and assumptions prov. For detailed project schedule; please refer to the Project Plan located in Appendix C The general timeline includes: City of Denton SOW for IEE MDM Upgrade Project Confidential Page 7 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 # Event / Deliverable Timeline 1. Project start TBD 2. Estimated Project Completion TBD It is recognized that both parties have obligations and delivery schedule. As such, Itron shall not be held responsible for any or associated costs from such delays. Project Schedule impacts will be reviewed and managed by both It accordingly. E.3. Project Resources Itron will provide suitably trained and skilled resources for th requirements for this project are as follows Resource 4/14 5/14 6/14 7/14 Total Itron Project Manager 20 20 20 20 80 Itron Business Consultant 40 40 Itron Technical Consultant -DBA 80 80 40 120 320 Total Estimated FTEs 140 100 60 140 440 Note: Should any named resources become unavailable due to any be provided under the approval of both parties. Effort will be any resource transitions. E.4. Itron Project Roles and Responsibilities The following table provides an overview of the Itron and Denton for this project delivery and the associated work as identified No other service delivery responsibilities or work requirements , without detailed identification and formal agreement by both par Itron Role Responsibilities Name Project Manager Responsible for overall Itron Project delivery management as it relates to the Itron deliverables and responsibilities described in this SOW including: Management of Itron Project resources involved in the Project Project planning & scope Project financials Itron Project Schedule Project Reporting (as agreed by both parties) Issue and Risk Management Contract Management Technical Consultant/s Provides technical services, support and assistance: (TC) Upgrade Project technical evaluation Provides a existing Technical Architecture Design (TAD) City of Denton SOW for IEE MDM Upgrade Project Confidential Page 8 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Itron Role Responsibilities Name document to reflect any new requirements or modifications for the Upgrade to v8.1 Data workflow Supports systems integration & migration Scalability & security assessment environment Upgrade recovery planning Data migration design Data migration scripts/code Historical data migration Design and build of Data Base schema changes, table portioning Database assessment and recommendations for optimization Supports: - Requirements gathering - Review of test cases - Test plan preparation - Technical Issue evaluation/resolution - Training activities - Verify results meet objectives - Review of Operational Readiness Leads Production Upgrade and cutover. - Support Final System Performance validation Business Consultant(BC) Provides: Product capabilities overview and Product information support Business requirements gathering Updates documentation for Business Solution Requirements (BSR) document to reflect any new requirements or modifications for the upgrade to v8.1 Supports Denton in their development of Test Cases/Scripts Supports Denton in the development of a Deployment Readiness Plan or its evaluation prior to production cutover or Go-Live. Supports Denton in their development or modification of existing Itron MDM specific Standard Operating Provides initial Training Overview and training support material. Provides product documentation Support for Itron related SW testing activities (functional and/or integration testing) E.5. Denton Project Roles and Responsibilities: Denton will provide suitably trained and skilled resources to su upon by both parties. Technical and Business as it relates to the IEE MDM v7.0 SP4 software, IT environments and associated systems. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 9 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Denton Role Responsibilities Name Drives project charter for Denton Project Sponsor <Name> Provides suitably trained and skilled resources for the project delivery Issue/Risk oversight Final reviews and approvals of Project deliverables, documentation, schedule, finance, plans & contract amendments. <Name> Project Manager Works collaboratively with Itron Project Manager in: Managing and achieving overall project deliverables Tracking progress and managing schedule Communications and reporting Issue & Risk management Project planning Also provides: Review of key documentation Management of Denton project resources Financial and Contract Management <Name> Business Process Owner Works collaboratively with Itron BC to: Gather business requirements Leads Design and testing Leads Review of BSR and/or other document requirements Training Lead, Train the trainer, and then leads ongoing Denton internal training requirements <Name> Technical Resource Technical resource who: Acts as the technical lead on the project for Denton Has access to other Denton technical or support resources and systems as may be necessary to support the project work or to troubleshoot systems Oversees Denton IT standards and IT server requirements (procurement and support) Leads IT Test Environment build Works collaboratively with Itron TC to: Evaluate design requirements and supporting documentation Leads development of test cases or test scripts Leads development of the Deployment Readiness Plan and/or evaluation prior to production cutover Leads other system integration or upgrade requirements Supports Production Upgrade and cutover. - Leads Final System Performance validation Provides ongoing administration of MDM system <Name> Database Administrator Works collaboratively with Itron TC,BC, and DBA to (DBA) perform build and test activities, migrate test to production City of Denton SOW for IEE MDM Upgrade Project Confidential Page 10 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Denton Role Responsibilities Name <Name> Testers Will perform actual testing and running of test scripts City of Denton SOW for IEE MDM Upgrade Project Confidential Page 11 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 F.General Project Assumptions The following is a list of General Project Assumptions used in t Clarification or changes to any of the below will be managed through the change order pro # Assumption Project Scope Assumptions 1. This Project will execute against the requirements or amendments identified and documented in the Business Solution Requirement (BSR) document and the Technical Architecture Design (TAD) document. No customization of the Itron software, application modules or of the standard IEE MDM reports, other than explicitly noted in the BSR and TAD, is included in the scope of work. If, during business process discussions, the enhancement, product customization or custom reports other than those explicitly mentioned are identified, this will be considered out of scope, and will require a Change Order to be approved prior to initiation of such work. 2. The level of services quoted assumes that the project time line scope to be provided by Itron. Changes to the schedule due to delays by others may require changes in the fixed service fees mutually agreed upon by Denton and Itron. 3. Any changes to this SOW will only be acknowledged though the for process, and as agreed to and signed by both parties prior to any such work being initiated. For more information about the Change Order process, please see of this document. 4. Existing data quality is the responsibility of Denton; effort is provided for a fixed number of hours for Itron support, including writing and testing scripts. Project Personnel Assumption 5. The specific Itron personnel who may be assigned to this project may change subject to availability. Itron reserves the right to make resource change be managed by Itron to ensure continuity on the project and minimization of project schedule impact. A suitably trained alternative will be provided upon acceptan 6. All Itron project resources will report to and be managed by the Itron Project Manager. 7. Denton will assign a project manager and other appropriate staff of the project. The Denton Project Manager will provide overall and work deliverables. All associated Denton staff will be identified prior to commencement of work. The specific Denton personnel who may be assigned to this projec subject to availability. Denton reserves the right to make res Denton will communicate any staffing changes to changes will be managed by Denton to ensure continuity on the pr project schedule impact. A suitably trained alternative will be 8. Denton will identify any outside consultants and partners who will participate in the project, along with their roles and contact information, prior to project rd parties participating in this work will require coverage under I Estimate Assumptions 9. Taxes, Tariffs and Duties are not included in the price and are 10. Itron will invoice Denton on a monthly basis. Expenses will be 11. No work will commence until the SOW is fully executed. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 12 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 12. If any staffing quantities (employees, contractors, consultants, or other) are add from what has been identified and agreed to in this SOW for Dent to reassess pricing and scope through the change order process. Assumptions 13. Work under this SOW is expected to be performed at the Denton fa work/support will be allowed if directed and approved by both parties. 14. Denton will provide a suitable and safe work space, work site ac wireless internet, and other items as required for the Itron resources to associated work in a safe and productive manner. Itron resource issued laptops, however if Denton require the work to be performother laptop or accordingly. Itron will provide the Services under this SOW during normal bus8:00 AM to 5:00 15. PM Local Time Monday through Friday, except holidays. If necessary, Denton will provide after-hours access to facilities to Itron personnel if required for performance of the work. Itron personnel (if remote to area) will be allowed time to travel to morning, and depart Friday afternoon, unless otherwise agreed by both parties. Any work requirements requested beyond this normal work week will be bill-time (1.5 times normal rate). City of Denton SOW for IEE MDM Upgrade Project Confidential Page 13 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 G.Key Deliverable Overview The following are key Deliverables to the successful implementat section provides an overview of these Deliverables. Detailed ta found in later sections. # Phase/Area Key Deliverables / Description Activities Define Phase 1. Project Planning Project Control & Project Management is achieving the goals or objectives of Management the project within budget, on time, and at the desired quality Services level to meet the delivery expectations. This includes management of resources, scope, risk, project financials and communication. 2. Project Kick-off Customer Kick-off Once this SOW has been executed by both parties, Meeting resources will be requested from the Itron Resource Manager. The project will be set-up by the Project Manager. An internal Itron kick-off meeting will be held. Once all Itron players are in place and suitably prepared for project start, a customer-kick-off meeting will be held with the Denton stakeholders to introduce all project members, review the project SOW and objectives, and discuss the next steps in the project. The high level project timeline may also be reviewed. Design Phase 3. Business Solution BSR, BSD Upon completion of the Business Solution Requirements Requirements & workshops, the Business Solution Design document is Design prepared or existing document from v7.0 installation is amended. This document maps the requirements to key design decisions. It also outlines the key process designs in maps and narratives. 4. System Data Migration Itron TC works with the Denton TC to document the data Architecture, Strategy & Design sources, acquisition processes, migration requirements, and Environments & method employed. Design Once the requirements have been gathered a Data Migration detailed design document is prepared. This document lists the data migration requirements, design, design assumptions, testing requirements, and more. 5. System Data Integration Once solution is designed, the Itron TC prepares detailed Architecture, Design integration design documents or amends existing Environments & documentation. This document lists the data integration Design requirements, design, design assumptions, testing requirements, and more. 6. Train Training Plan Itron works w/ Denton to plan the logistics and content for training users on the delivered IEE MDM solution, with specific focus of v8.1 to v7.0 differences. Build Phase 7. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 14 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 # Phase/Area Key Deliverables / Description Activities Installation, Build Install Production Once any hardware has been procured by Denton it may be & ConfigureHardware & Prepare installed and the environments readied for development, Environments testing, training and production deployment. (Test/Production) 8. Train Customer Specific Once the Training Plan is complete and the solution is Training Materials designed, the customer-specific content is prepared from existing training materials. Business scenarios identified in the solution design, are often used as a basis for the materials. 9. Test Test Cases Itron consultants work with Denton to develop test cases. The business scenarios identified during the solution design Workshops should be the basis for these test cases. Test Cases include the following types of information: Test condition Test steps for that test condition Expected result Actual result If test failed, Identify Impact 10.Test End-to-End Test Performed to ensure the IEE MDM data integration is Complete functioning and system components can pass data and commands as designed. Also to ensure that all standard functionality, business scenarios, and custom functionality work as identified in the solution design. 11.Test Internal Validation This test is an end-to-end test using test cases. It is to be Test performed by Denton. This test should meet and validate solution design objectives. Upon completion, Denton will notify Itron of acceptance. 12.Test Performance Test IEE system processes and functionality should be reviewed, analyzed and optimized to maximize performance and production timings. As part of the Engagement, a detailed review and performance assessment of the design, configuration and overall architecture is expected to occur. Realistic performance standards should be devised and agreed upon prior to the Engagement. Prior to go live, all essential system owners should be 13.Train Trained Users trained. Training Plan should dictate approach, audience and schedule. 14.Production Live Deployment Once the solution is designed, a strategy for production System Readiness Plan cutover is documented. Readiness criteria are also included. 15.Production Live Product Use of the System is live and Denton is operating the system. System Solution Transfer Phase 16. 17.Project Transfer Transition to Support This activity is started early on. It documents / identifies ke Plan details needed by Itron Support Services to effectively support Denton. It ensures that Itron Support Services has City of Denton SOW for IEE MDM Upgrade Project Confidential Page 15 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 # Phase/Area Key Deliverables / Description Activities implemented a plan to support Denton upon project completion. Project TransferTransition to Support This activity documents/identifies key details needed by Plan CompletedItron Support Services to effectively support Denton. This includes a review of the plan to ensure all new/missed items are captured. 18.Project Contract Completion To complete the project, a Project Completion review Completion Sign-Off meeting is scheduled and sign-off is obtained. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 16 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 H.Key Deliverable Details This section describes in detail each Deliverable, tasks associa assumptions. It is organized by areas A. H. (as illustrated in the Itron Advantage implementation method framework). A. Project Management Deliverable Assumptions # Assumptions 1. Itron will act as the coordinator, facilitator, and editor of thItron Deliverables in this SOW. Much of the content of these documents is to be provided by Itron and Denton personnel, individually or via meetings. Delivery quality and schedule is dependent on all par delivering quality content. 2. All project resources will use methodologies, tools and templates to be dete Manager with the approval of the Denton Project Manager. All Deliverables completed by Itron will conform to standards defined and agreed upon by Denton and Itron. 3. Itron will provide the Denton team members with a standard set of Itron documentation such as Technical Architecture, Business Requirements and Design, training materials, production information, etc. for Dentonuting the project. 4. Itron will provide a weekly status report which will include issue and risk reporting. 5. Itron Project Manager will participate a weekly project status meetings with the Denton Project Manager, or less frequently as agreed. Deliverable Tasks Task and Description Itron Responsibility Denton Responsibility 1. Project Activities Include: Establish Project Team Establish, 1a. Itron will forecast resources Denton will establish project assign, and document resources for for the project team. team the project team. Gain organizational However, resources are not commitment of specific resources for guaranteed until after the each role. SOW is executed. Project Finances Track, manage 1b. Itron will provide status and Denton will report on and communicate project financial appropriate financial info to status to project stakeholders during Denton project manager total project cost versus the project phases monthly. This will compare Denton internal project Itron monthly actuals, and budget. YTD against project forecast estimate. 1c. Project Scope Control Review Itron will participate in Denton will participate in new requirements and efforts that review and approval of review and approval of may be required. Evaluate whether scope changes using the scope changes using the within contractual scope of the change control process change control process project. Follow change control located in Appendix A. located in Appendix A. process if adjustments to the contract or SOW are required. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 17 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Task and Description Itron Responsibility Denton Responsibility 1d. Risk Mitigation Identify potential Itron will communicate Denton will discuss risks before they become issues, foreseen risks to Denton mitigation options with Itron. create strategies to reduce the project manager as well as Denton will communicate potential, determine metrics to options on mitigating those foreseen risks also. identify risks, agree on mitigation risks. plans and action to initiate the plan. 1e. Project Communication Establish Itron will communicate Denton will review and and manage ongoing status progress and status of the discuss with Itron. Denton reporting, issue tracking, risk project through a weekly will initiate the weekly reporting. status report and project project meeting as required. meeting. 1f. Issue Resolution resolve defects that do not meet requirements. See Appendix E for severity definitions. Defect is considered any existing Itron will provide tracking Denton will ensure fixes functionality that is not working as it and resolution to Itron correct the situation and currently does in 7.0 environment. defects within a reasonable review the test results. amount of time according to Denton will provide tracking the severity of the issue as and resolution to other agreed between Itron and system or operational Change request is added Denton. defects according to the functionality or feature that is outside severity of the issue as of the current functionality of 8.1 agreed between Itron and Denton. Itron will provide a Change Order for added Denton will provide functionality that includes requirements for any new cost and timeline. functionality. 2. Conduct Kick-off Meeting - First on-site Itron will schedule the Denton will host meeting at meeting of the Project Team. The meeting, provide agenda their location and invite sessions will include: and prepare the Kickoff necessary participants. presentation. Denton will participate in Review of SOW meeting presentation as Review of roles and responsibilities requested. Discussion of the project requirement and process documents that will be used during throughout the project. Project plan System architecture discussions Establish regular project review meetings schedule 3. Update Project Plan After all roles Itron will provide updated Denton will incorporate its and responsibilities are determined and schedule and advise team tasks and schedules kickoff meeting complete, update the Denton of any changes into the project plan. For Project Schedule to reflect any changes. from the original plan. instance, Denton Resource schedules, recognized holidays, City of Denton SOW for IEE MDM Upgrade Project Confidential Page 18 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Task and Description Itron Responsibility Denton Responsibility holidays and vacation plans meetings and other are some factors that affect company activities including schedule. employee planned vacations that will affect project schedule. These should be noted at the beginning of the project. B. Business Solution Design Description, Strategy and Completion Criteria Upon completion of the Solution Requirements workshop, the Busin documented and signed-off by Denton. The document will include that were identified and list any gaps identified. The document conversion from IEE MDM 7.0 to IEE MDM 8.1. The Solution Requirements document is a critical document that p Deliverables. As a result, this key deliverable requires sign-o Deliverable Assumptions # Assumption 1. Assumes Denton will utilize 3rd party reporting software to create any addition the baseline IEE MDM reports. 2. Denton has documented existing business process and file structure/data advance of project start. Examples of the information that is im current IEE MDM system is configured and how are exceptions handled. 3. Itron expects that the appropriate Denton Subject Matter Experts will be able to participate in workshops given appropriate advanced notice. Poor attendance or inability within the workshops (e.g., within 24 hours) will increase the time to complete the requirements gathering activities Deliverable Tasks # Task and Description Itron Responsibility Denton Responsibility 1. Update Technical Architecture Design Itron will prepare the document and Denton will review document document submit for review. and provide formal approval. 2. Update the Business Solution Requirement Itron will prepare the document and Denton will review document document submit for review. and provide formal approval. 3. Complete the Business Solution Design Itron will prepare the document and Denton will review document document (if required) submit for review. and provide formal approval. 4. Update the Product Configuration Design Itron will prepare the document and Denton will review document document (if required) submit for review. and provide formal approval. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 19 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 C. System Architecture, Environments & Design Itron will facilitate sessions to determine and document the Sys The documentation will describe the hardware and software components outputs, formats, and schedules. Additionally, Itron Technical Consultant will assist Denton in p migration/interface design specifications. Deliverable Assumptions # Assumption 1. Completed architecture documents will be reviewed by both Itron Denton and form the basis for design decisions. 2. Remote Access to test and production IEE MDM server(s) will be p (VPN\Terminal Services\WebEx). 3. Denton will provide Itron a local administrator account on all servers complies with policies and procedures with respect to network access. 4. Denton is responsible for procuring test, production and/or any other servers, in accordance with Itron recommendations and specifications. Itron is not providing any this scope. 5. All server hardware, disk storage and network connectivity will cured and configured by Denton prior to the build phase of the project. 6. Itron assumes that there will be two (2) environments: Test and Production. 7. Denton will ensure that subject matter experts are available for all syare integrated with the IEE MDM system or use IEE MDM data. 8. Denton will provide, install and configure all hardware, operating system, database and any 3rd party software as described in the IEE 8.1 Installation Guide (Included as Appendix D) prior to the build phase of the project. Any delays will cause the project schedule to e 9. Denton will provide a data/integration lead during the analysis and des migration and synchronization interface development. Itron will provide a data/integration lead member. 10.Configuration information will be provided electronically by Denton per Itron requirements. 11.Itron assumes data quality is the responsibility of Denton; data purging and clean-up will be Denton responsibility. Deliverable Tasks # Task and Description Itron Responsibility Denton Responsibility 1. Schedule Design reviews to discuss System Primary Denton will participate in all Architecture sessions 2. Finalize all necessary system components. Primary Denton will participate in all sessions 3. Finalize integrations and data migrations for Primary Denton will participate in all the IEE MDM Upgrade Project. sessions 4. Finalize hardware requirements for IEE MDM Primary Denton will participate in all solution applications. sessions City of Denton SOW for IEE MDM Upgrade Project Confidential Page 20 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 # Task and Description Itron Responsibility Denton Responsibility 5. Update Technical Architecture Design Itron will prepare the document Denton will review document and submit for review/sign-off. and provide formal approval. 6. Procure Hardware Primary 7. Prepare Data Migration Strategy Itron will prepare the document Denton will review document and submit for review/sign-off. and provide formal approval. 8. Prepare detailed Data Migration Design Primary Denton will review. D. Install, Build & Configure Once the hardware has been procured and the solution is designed and IEE MDM system configured. Functional tests will occur to en Deliverable Assumptions # Assumption 1. Changes to the IEE MDM configuration not explicitly covered by t Solution document will require an approved Change Order to be in place before the changes can be made. 2. Standard IEE MDM import and export file formats will be utilized 3. Itron will do the initial install of IEE MDM and all subsequent upgrade, service packs, hot fixes through production go live in test and production environments. Once v8.1 is implemented in production, Denton will assume responsibility for any further up 4. The Itron solution will be configured according to the customer Denton. Denton technical resources will be responsible for providing customer data in existing Itron formats prior to Itron Consulting resources beginning the solution system configuration / implementation. configuration (adding, removing, or changing, meters, accounts, be the responsibility of Denton. After approval of the Business Solution Design document, any configuration changes are the responsibility of Denton. 5. Unless specifically stated otherwise in the SOW, Denton will be responsible for taking data from the Itron interfaces in standard IEE MDM formats to the existing Denton information systems and delivering data from existing Denton systems to the Itron IEE MDM interfaces in standard IEE MDM form Denton assumes there will be no changes to the existing interfaces. 6. Assumes IEE MDM standard windows authentication functionality wi to automatically log on to the GUI using Denton network credentials. If additional functionality is required, a Change Order will be created and an estimate for the effort will be provided. 7. Denton will not implement any VE changes for interval/register data at the time of the Upgrade Project. 8. Should historical data quality be missing intervals or of poor qDenton would be responsible for synchronizing data updates either via manual entry or via standa 9. Assumes integration of Itron IEE MDM software with Denton known integration formats currently in production as the demarcation point between Itron and Denton. Denton will be responsible for taking data from the Itron interfaces in production to existing Denton information systems and delivering data from existing Denton systems to the Itron IEE MDM interfaces in those formats as follows: City of Denton SOW for IEE MDM Upgrade Project Confidential Page 21 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 # Assumption - All subsequent updates, deletions or additions of configuration by Denton and delivered by Denton to IEE MDM in IEE MDM standard configuration XML API formats. Denton is responsible for the accurate generation and formatting of the conf - Denton will provide a backup of the current 7.0 databases to Itron. Itconvert this data to conform to 8.1 database schemas. - Denton will provide interfaces as they exist to the 8.1 environment. Th information from Northstar as well as readings from Trilliant and MV90. Deliverable Tasks # Task and Description Itron Responsibility Denton Responsibility 1. Install production hardware Support Primary 2. Install and configure operating system(s) Support Primary 3. Install and configure network connections Support Primary 4. Install and configure database software Support Primary 5. Install and configure software connections Primary Denton will participate in all sessions 6. Provide Database tuning as required Primary Support 7. Complete Data Migration Formatting & Data Primary Support Collection 8. Configure Business Solution & Conduct Primary Support Functional Test E. Test This activity is a collaborative effort across technical and bus the design phase. It identifies the testing approach, participants, and test problem management processes. The Test Cases are then solution to ensure the Itron product is working as expected. Thand Integration Testing. The second cycle (conducted by Denton) includes the End-to-End and User Validation Test. Once Denton signs off on their testing, Itron should to be notif production cutover activities. Deliverable Assumptions # Assumption 1. Denton will develop the test plan and test cases with support from Itron. 2. Denton will lead the functional, integration and end-to-end testing supported by Itron.. 3. The end-to-end testing will include testing of 21 bill cycles. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 22 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 # Assumption 4. Denton will perform an end-to-end test supported by Itron and a validation test prior to implementing IEE MDM in a production mode. Itron provides advisory and troubleshooti 5. Denton will provide sufficient resources to assume the responsibility for the execution of the end-to-end and validation test through the implementation phase. 6. Denton will define testing criteria and cases, mapping requirements to provide feedback if requested. Deliverable Tasks # Task and Description Itron Responsibility Denton Responsibility 1. Provide Test Cases used for IEE MDM Primary 7.0 upgrade 2. Develop Test Cases. Support Primary 3. Develop a Test Plan. Itron will review and provide Primary support if needed. 4. Conduct Functional Tests Support Primary 5. Conduct Integration Tests Support Primary 6. Conduct End-to-End Tests Support Primary 7. Conduct Validation Tests Primary 8. Conduct Performance Tests Support Primary 9. Sign-off on testing (to recognize all test Itron will prepare the Denton will review document cases have been complete to document and submit for and provide formal approval. satisfaction). review/sign-off. F. Training The Itron Business Consultant(s) work with Denton to plan the tr users on the delivered solution. Itron support multiple training approaches, such as, train-the-t on-one training. Only one training session is planned in this project delivery. Deliverable Assumptions # Assumption 1. All training will use Denton data, if possible. However, if it is not possible, the training with test data. 2. The Training Plan will be developed by Itron and signed-off by Denton. 3. Denton agrees to furnish training facilities as required by Itron inclu shared with other concurrent company work activities), white boakers for instructor notations and diagrams, projection equipment (minimum recommends one training computer per student. The minimum of one training computer for every two students is required. Itron recommends a class size of 8-12 participants per class. 4. Denton will identify attendees for each training session in advance of such training scheduling. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 23 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Deliverable Tasks # Task and Description Itron Responsibility Denton Responsibility 1. Develop a Training Plan. Itron will prepare the document Denton will review document and submit for review/sign-off. and provide formal approval. 2. Develop Base Training Materials. Primary Support 3. Conduct Training. Primary G. Production Live System The Itron Technical Consultants work with DentonTechnical Lead to finalize the optimum IT hardware and software for the environment. The Deployment Readiness Plan is the steps required to move testing environment to production. I reviewed by the project team prior to cutover. The Project Team will conduct a readiness review. If all is a g activities to carry out production cutover will be scheduled, co Deliverable Assumptions # Assumption 1. All critical and major defects have been closed or suitable actions are agreed up Deliverable Tasks # Task and Description Itron Responsibility Denton Responsibility 1. Develop Deployment Readiness Plan Itron will update plan and Denton to review and After the solution has been designed a submit for review and sign-off. provide formal approval. production readiness and cutover plan is developed. 2. Conduct Deployment Readiness Support Primary Review. 3. Review & Execute Deployment Support Primary Readiness Plan tasks. 4. Data Migration Completed Primary Support 5. Production Upgrade Completed Primary Support 6. Production 7.0 and Production 8.1 run Onsite Project team support Primary in parallel for 1 week 7. Production Upgrade Certified Support Primary Denton has Production Use of Solution 8. Primary H. Transfer Prior to go live, the Itron Project Manager reviews the transiti reviews the solution with Itron Support Services. After go live so Denton may assume ownership. Itron offers a Post Project Review survey and report. It provid to document key accomplishments and point out areas for improvem City of Denton SOW for IEE MDM Upgrade Project Confidential Page 24 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Finally, to complete the project, a Project Completion review me documents that the solution objectives have been met. I. IEE MDM 8.1 Upgrade Data Warehousing Support Itron will not provide any services regarding data warehousing u City of Denton SOW for IEE MDM Upgrade Project Confidential Page 25 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 I.Service Fees This project will be based on a T&E basis. Total labor fees are including travel and expenses. Itron will invoice Denton on a m for resources are as follows: IEE MDM 8.1 Upgrade Resource Rate Estimated Estimated Quantity Total Project Manager $225/hr 80 $18,000 Business Consultant $225/hr 40 $9,000 Technical Consultant $225/hr 320 $72,000 Total440$99,000 Travel and expenses are estimated to be $15,000 for the project, Air Fare estimated at $1000/week. Travel and expenses will be c Expenses include: Accommodations/lodging, meals, car rental, ca based on economy flight booking. Notes: 1. Above totals are estimates, for budget purposes only. 2. Itron will not charge for travel time to or from the work sit charge indicated. 3. Denton shall pay all taxes, if applicable, for Services provi 4. Payment terms are net 30 days after invoice date. Any disagr must be advised to Itron Project Manager, within 10 days after i To ensure that Itron has all the correct billing information, please verify the following billing information: Requested Denton Data Billing Contact Name City of Denton SOW for IEE MDM Upgrade Project Confidential Page 26 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Requested Denton Data Billing Contact Phone # (s) Billing Contact Email Address Billing Address Special Billing Requirements? Purchase Order # City of Denton SOW for IEE MDM Upgrade Project Confidential Page 27 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 J.Statement of Work Agreement Approval Denton agrees to these terms and the description of services as commencement of the Project. City of Denton Itron Inc. Authorized Signature Authorized Signature Printed Name Printed Name Title Title Date Date SOW Author: R. Syrenne SOW Itron Point of Contact: Udo Van Rijssen Please return this signed SOW to: Itron, Inc. 2111 N. Molter Rd. Liberty Lake, WA 99019 Attn: Contract Administration Fax: (509) 891.3331 or PDF and email to contract.request@itron.com * A fully executed version will be returned City of Denton SOW for IEE MDM Upgrade Project Confidential Page 28 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Appendix A Change Control Process A Project Change Order will be the vehicle for communicating cha change requested, the rationale for the change, the estimated pr Project. All Change Orders must be approved by both parties and be initiated. Project Scope Project Scope Project Scope Change Process Change Process Change Process Change Request Form Change Request Form Change Request Form UtilityDentonUtility & Itron& I & Itrontron UtilityDentonUtility & Itron& Itron & Itron Initiate Change Request Initiate Change Request Initiate Change Request Determine Change Determine Change Determine Change Form including: Form including: Form including: Classification and impact Classification and impact Classification and impact Project Requirements Project Requirements Project Requirements to the Project based on: to the Project based on: to the Project based on: Problem Statement Problem Statement Problem Statement Scope Scope Scope Resources Resources Resources ScheduleScheduleSchedule UtilityDentonUtility ItronItronItron ItronItronItron Screens Change Request Screens Change Request Screens Change Request Project Management Project Management Project Management Perform analysis of Perform analysis of Perform analysis of Form for preliminary Form for preliminary Form for preliminary assigns Change Request assigns Change Request assigns Change Request change request and change request and change request and approval and if approved approval and if approved approval and if approved Form to appropriate Itron Form to appropriate Itron Form to appropriate Itron document results document results document results forward to Itron for forward to Itron for forward to Itron for personnel for analysis personnel for analysis personnel for analysis including changes to: including changes to: including changes to: processing processing processing Cost or schedule Cost or schedule Cost or schedule Project scope, strategy ProjectProject scope, strategy scope, strategy ItronItronItron UtilityDentonUtility Once complete, submit Once complete, submit Once complete, submit Approve or dispute Approve or dispute Approve or dispute Change Request Form to Change Request Form to Change Request Form to Change Request findings: Change Request findings: Change Request findings: Utility for approval Utility for approval Utility for approval Approve Approve Approve Provide alternative and Provide alternative and Provide alternative and negotiate w/Itron negotiate w/Itron negotiate w/Itron ItronItronItron When approved, forward When approved, forward When approved, forward form to Itron Account form to Itron Account form to Itron Account Executive to initiate an Executive to initiate an Executive to initiate an Agreement Change Order Agreement Change Order Agreement Change Order and implement the and implement the and implement the change(s)change(s)change(s) City of Denton SOW for IEE MDM Upgrade Project Confidential Page 29 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Appendix B Change Order Form Statement of Work City of Denton IEE MDM Upgrade Project Change Order #<X> <Description> Name Date Client Name: Requestor: Client Authorization: Itron Rep. Authorization: Contract Admin. Auth.: Send Pricing Summary to Client? Yes No Has contract been signed? Yes No General Description: Order Processing: PO/Contract #: _______________________________________________ City of Denton SOW for IEE MDM Upgrade Project Confidential Page 30 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Hardware Changes: Qty Item Description Unit Price Qty Item Description Unit Price Comments: Software Changes: ModificationsMeter LicensesOther Description Unit Price Comments: Implementation Labor and Expense: BillableNon-billableCharge to: ________________________ Purpose Description Days @ $ Total Labor Per Diem Misc. Total Comments: City of Denton SOW for IEE MDM Upgrade Project Confidential Page 31 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Accepted By (Authorized Representatives): Itron Inc. City of Denton Signature:__________________________________ Signature:_________________________________ Name (Printed): _____________________________ Name (Printed): ____________________________ Date: _____________________________________ Date: ____________________________________ Please return this signed Change Order to: Itron Inc. 2111 North Molter Road Liberty Lake, WA 99019-9469 Attn: Contract Administration Or via Email to: contract.request@itron.com a fully executed version will be returned. City of Denton SOW for IEE MDM Upgrade Project Confidential Page 32 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Appendix C IEE 8.1 Installation Guide and Upgrade Guide See PDF file named IEE v8.1 Installation Guide for SQL Server.pd IEEv8.1InstallationG uideforSQLServer.pdf See PDF file named IEE v8.1 Upgrade Guide for SQL Server.pdf IEEv8.1UpgradeGuid eforSQLServer.pdf City of Denton SOW for IEE MDM Upgrade Project Confidential Page 33 of 34 EXHIBIT 2 Solution Delivery Services Version 1.1 Appendix D Severity Definitions Severity definitions of issues used by Itron and Denton in previ Severity 1: SEVERE BUSINESS IMPACT - Product defect/software pro complete loss of service and no work can reasonably continue. No Severity 2: SIGNIFICANT BUSINESS IMPACT - Severe loss of service properly, and there are no acceptable work-arounds, however, ope Severity 3: MINOR BUSINESS IMPACT - Minor loss of service, impac available. Severity 4: INFORMATION/TRAINING/MINOR ERRORS - No loss of servi information, questions on particular application functionality, Severity 5: ENHANCEMENT REQUEST - A request for new application City of Denton SOW for IEE MDM Upgrade Project Confidential Page 34 of 34 EXHIBIT 3 EXHIBIT 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING METERING SOFTWARE AND HANDHELD HARDWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT AND UPGRADE TO SOFTWARE VERSION 8.1 FOR THE METER DATA MANAGEMENT SYSTEM (MDMS) FOR DENTON MUNICIPAL ELECTRIC METERING DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4448AWARDED TO ITRON, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $350,000). WHEREAS, Section 252.022 of the Local Government Codeprovides 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;andneed 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 NUMBERVENDORAMOUNT 4448 Itron, Inc.$350,000 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;andneed not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City ofDenton, 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 4448to 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 BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0518,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapproving softwaremaintenanceforcontinuedvendorsupportforCityworkssoftwarefortheCityofDentonwaterand wastewaterassetandworkordersoftwaresystem,whichisavailablefromonlyonesourceandinaccordance withChapter252.022oftheTexasLocalGovernmentCodesuchpurchasesareexemptfromtherequirements ofcompetitivebidding;andprovidinganeffectivedate(File5194awardedtoAztecaSystems,Inc.inthethree (3) year not-to-exceed amount of $60,000). FILE INFORMATION TheCityofDentonWaterandWastewaterdepartmentshavebeenusingtheCityworkssoftwaresystemsince 2000.ThesedepartmentsusetheCityworkssystemonadailybasistomanagewaterandsewerassetsandwork ordersforreactiveaswellaspreventiveactivities,testingandinspections.Thissoftwareisintegratedwitha Geographic Information System (GIS) which allows for the easy lo ItisessentialfortheCityofDentontokeepcurrentmaintenancewiththesoftwarevendorinordertoensure availabilityofupgrades,softwarefixes,andaccesstoknowledgeandsupportresources.TheTechnology Servicesdepartmentcouldnotidentifyanylocalvendorsthatcouldprovidesoftwaremaintenanceforthis application.Therefore,procuringthismaintenancefromtheabovevendoristhebestvaluefortheCityof Denton. AztecaSystems,Incisthesole-sourcevendorforcontinuedupgrade,supportandmaintenanceforCityworks software.Section252.022oftheLocalGovernmentCodeprovidesthatprocurementofcommoditiesand services that are exempt from competitive bidding, if over $50,0 RECOMMENDATION TechnologyServicesrecommendsawardingtoAztecaSystems,IncforCityworkssoftwaremaintenancea three(3)yearnot-to-exceedamountof$60,000.Thisamountincludesacontingencyforadditionalsoftware licenses as needed. PRINCIPAL PLACE OF BUSINESS City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0518,Version:1 Azteca Systems, Inc Sandy, UT ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu FISCAL INFORMATION Funding is budgeted in Water and Wastewater operating accounts b EXHIBITS Exhibit 1: Quote Exhibit 2: Sole Source Memo Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING SOFTWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT FOR CITYWORKS SOFTWARE FOR THE CITY OF DENTON WATER AND WASTEWATER ASSET AND WORK ORDER SOFTWARE SYSTEM, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5194 AWARDED TO AZTECA SYSTEMS, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $60,000). 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 approved: FILE NUMBER VENDOR AMOUNT 5194 Azteca Systems, Inc. $60,000 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 action that may be required or permitted to be performed by the City of Denton under File 5194 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 BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0519,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas p hosted website service for employee payroll direct deposit and W one source and in accordance with Chapter 252.022 of the Texas L exempt from the requirements of competitive bidding; and providi Ceridian HCM, Inc. in the three (3) year not-to-exceed amount of FILE INFORMATION TheCityofDentonAccountingDepartmenthasbeenusingtheCeridianHCM,Inc.servicesince2013.This serviceisahostedwebsiteforpostingofpayrolldirectdepositadvicesandW2formsforeasyaccessforthe employees.ThisservicehassavedtheCityprintingcostsfordirectdepositsaswellasreprintingcostswhen employeesrequestadditionalcopiesoftheirpaystubs.Employeescanalsooptoutofgettingaprintedcopyof their W2 form and will be able to easily print their current yea TheTechnologyServicesdepartmentcouldnotidentifyanylocalvendorsthatcouldprovidethisservice. Therefore, procuring this hosted service from the above vendor i RECOMMENDATION TechnologyServicesrecommendsawardingthishostedservicetoCeridianHCM,Incathree(3)yearnot-to- exceedamountof$65,000.TheCityisbilled$.20perpaycheckprocessedforeachpayperiod.Thisamount willvarydependingonthenumberofactiveemployeesforthepayperiod.Therearealsoseparatecostsforthe W2 services and processing. All costs are shown on the attached PRINCIPAL PLACE OF BUSINESS Ceridian HCM, Inc. Newark, NJ ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0519,Version:1 FISCAL INFORMATION FundingisbudgetedinTechnologyServicesoperatingaccountnumber830400.7854beginningOctober1, 2014. EXHIBITS Exhibit 1: Contract Pricing Exhibit 2: Single Source Memo Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 EXHIBIT 2 -FAX (940) 349-8533 TECHNOLOGY SERVICES MEMORANDUM DATE : August 26, 2014 TO : Elton Brock, Purchasing Agent FROM : Kevin Gunn, Director of Technology Services SUBJECT : Single Source Procurement for Ceridian Background: The City of Denton contracts with Ceridian to provide paperless delivery for payroll advices and W-2 forms for each employee. Payroll documents dated January, 2013 through the most recent payroll and W-2s for tax year 2013 are maintained in an online repository accessible to each employee. Ceridian was selected after receiving 3 quotes for similar services and one failed attempt to provide this service with a different vendor. Paperless delivery of these documents is a benefit to each employee, reduces payroll and staffing costs, and supports the City of Denton Strategic Plan. Discussion: The City of Denton has an ongoing business relationship with Ceridian. Changing providers would incur additional costs, staff effort, and a risk of failure to provide paperless payroll documents to employees. The best value for the City of Denton is to continue with Ceridian, the current vendor. Action: Technology Services requests approval to continue to procure paperless payroll document services from Ceridian. www.cityofdenton.com EXHIBIT 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING A HOSTED WEBSITE SERVICE FOR EMPLOYEE PAYROLL DIRECT DEPOSIT AND W2 IMAGE SERVICE, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5304 AWARDED TO CERIDIAN HCM, INC. IN THE THREE (3) YEAR NOT- TO-EXCEED AMOUNT OF $65,000). 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 approved: FILE NUMBER VENDOR AMOUNT 5304 Ceridian HCM, Inc. $65,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. EXHIBIT 3 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 5304 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 BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0520,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapproving softwaremaintenanceforcontinuedvendorsupportforthefinancialanalysisandreportingsoftwareapplication toolandpurchaseofQueryDesignersoftwaretoenhancethetool,whichisavailablefromonlyonesourceand inaccordancewithChapter252.022oftheTexasLocalGovernmentCodesuchpurchasesareexemptfromthe requirementsofcompetitivebidding;andprovidinganeffectivedate(File5402awardedtoGlobalSoftware, Inc. in the three (3) year not-to-exceed amount of $105,000). FILE INFORMATION TheCityofDentonAccounting,Budget,Finance,andUtilitydepartmentshavebeenusingtheSpreadsheet Serversoftwaresince2008.ThesedepartmentsusethistooltopulldatafromtheJDEdwardsfinancialsystem onadailybasisinmanydifferentcapacitiesoffinancialanalysisandstatement/reportcompilations.Thistoolis alsousedformoreformalreportingsuchasquarterlybudgetreports,thequarterlyElectricReliabilityCouncil ofTexas(ERCOT)reportsforDentonMunicipalElectric,andtheComprehensiveAnnualFinancialReport (CAFR).Theannualmaintenanceforthissoftwarewillbe$21,636forFY2014-15withannualadjustmentsfor theremainingtwoyears(Exhibit1).InadditionthisitemincludesthepurchaseoftheQueryDesigner ExecutiveDashProfessionalwillenhancetheSpreadsheetServerproductbyaddingthecapabilityofcreating customqueriesinJDEdwards.Thispurchaseincludeslicensefeesandtrainingforaone-timefeeof$16,800. Vendor travel expenses and annual maintenance will be billed as ItisessentialfortheCityofDentontokeepcurrentmaintenancewiththesoftwarevendorinordertoensure availabilityofupgrades,softwarefixes,andaccesstoknowledgeandsupportresources.TheTechnology Servicesdepartmentcouldnotidentifyanylocalvendorsthatcouldprovidesoftwaremaintenanceforthis application.Therefore,procuringthismaintenancefromtheabovevendoristhebestvaluefortheCityof Denton GlobalSoftware,Inc.isthesole-sourcevendorforcontinuedupgrade,supportandmaintenanceforthe SpreadsheetServersoftware.Section252.022oftheLocalGovernmentCodeprovidesthatprocurementof commoditiesandservicesthatareexemptfromcompetitivebidding,ifover$50,000,shallbeawardedbythe governing body. RECOMMENDATION City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0520,Version:1 StaffrecommendstheawardofsoftwaremaintenanceandthepurchaseofQueryDesignersoftwaretoGlobal Software,Inc.inthethree(3)yearnot-to-exceedamountof$105,000.Thisamountincludesacontingencyfor maintenancecostsfortheQueryDesignersoftwareandadditionallicensesthatmaybeneededduringthethree (3) year time period. PRINCIPAL PLACE OF BUSINESS Global Software, Inc. Raleigh, NC ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu FISCAL INFORMATION ThecostofthisservicewillbefundedfromtheAccounting,Budget,FinanceandUtilitydepartmentoperating accounts. EXHIBITS Exhibit 1: Maintenance Quote Exhibit 2: Query Designer Quote Exhibit 3: Sole Source Memo Exhibit 4: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 EXHIBIT 2 Customer Order TO: Global Software, Inc. 3201 Beechleaf Ct. Suite 170 Raleigh, NC 27604 FROM: City of Denton 601 East Hickory Street Suite A Denton, TX 76205 Existing License Agreement No.: ___On File______ Table A: Code/Product NameUsers-Up toExtended Price Total Products: EDPROF Executive Dash Professional 5 $3,500.00 $17,500.00 Total List Price-Product $17,500.00 Discount $ 6,250.00 Total NetProduct$11,250.00 Services: Training 3 $1,850.00 $ 5,550.00 Total Product/Services$16,800.00 Customer understands that the use of these products will be gove existing License Agreement by and between Customer and Global. Customer agrees to reimburse Global Software for its reasonable and ground transportation) actually incurred in connection with Payment shall be made by Customer as follows: One hundred (100%) License fees are exclusive of shipping charges which are F.O.B. invoiced separately. A finance charge of no more than 1-1/2 per payments. All prices and payments are in U.S. dollars unless ot Annual Improvement, Maintenance, and Support (AIMS) services wilt eighteen (18%) percent of list price for the first year. Accepted By: Global Software, Inc. Accepted By: City of Denton Signature: Signature : Name: Name: Title: Title: Date: Date : EXHIBIT 3 EXHIBIT 3 EXHIBIT 4 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING SOFTWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT FOR THE FINANCIAL ANALYSIS AND REPORTING SOFTWARE APPLICATION TOOL AND PURCHASE OF QUERY DESIGNER SOFTWARE TO ENHANCE THE TOOL, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE5402 AWARDED TO GLOBAL SOFTWARE, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $105,000). 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 t, are hereby approved: FILE NUMBER VENDOR AMOUNT 5402 Global Software, Inc. $105,000 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 4 SECTION3. 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 5402 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 BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0521,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapproving softwaremaintenanceforcontinuedvendorsupportandupgradetoCartegraphOperationsManagementSystem forPublicWorksassetandworkordersoftwaresystem,whichisavailablefromonlyonesourceandin accordancewithChapter252.022oftheTexasLocalGovernmentCodesuchpurchasesareexemptfromthe requirementsofcompetitivebidding;andprovidinganeffectivedate(File5635awardedtoCartegraph Systems, Inc. in the three (3) year not-to-exceed amount of $220 FILE INFORMATION TheCityofDentonStreets,TrafficOperations,WastewaterDrainageandWatershedProtectiondepartments havebeenusingtheCartegraphsoftwaresince2006.ThesedepartmentsusetheCartegraphsystemonadaily basistomanageassetsandworkordersforland,pavement(roads,sidewalks,parkinglots,etc),stormwater, signage,andtrafficcontroldevices,aswellasdrainageditchmaintenancemowing.Withtheproposedupgrade toCartegraphOperationsManagementSystem(OMS),thesoftwareisoptimizedforworkinginthefieldand offersstreamlinedworkflowsenablinguserstocompleteworkmoreefficiently.TheupgradetotheOMS includesiPadMobileuserlicenses.Inaddition,supervisorswillbeabletocreateandassigntaskstofield workers and immediately see the progress and status of projects ItisessentialfortheCityofDentontokeepcurrentmaintenancewiththesoftwarevendorinordertoensure availabilityofupgrades,softwarefixes,andaccesstoknowledgeandsupportresources.TheTechnology Servicesdepartmentcouldnotidentifyanylocalvendorsthatcouldprovidesoftwaremaintenanceforthis application.Therefore,procuringthismaintenancefromtheabovevendoristhebestvaluefortheCityof Denton. CartegraphSystems,Incisthesole-sourcevendorforcontinuedupgrade,supportandmaintenancefor Cartegraphsoftware.Section252.022oftheLocalGovernmentCodeprovidesthatprocurementof commoditiesandservicesthatareexemptfromcompetitivebidding,ifover$50,000,shallbeawardedbythe governing body. RECOMMENDATION City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0521,Version:1 AwardthecontinuingsoftwaremaintenanceandupgradetoCartegraphOperationsManagementSystemsto CartegraphSystems,Inc.forathree(3)yearnot-to-exceedamountof$220,000.Theamountincludes maintenance,implementationservices,andacontingencyforadditionallicensesandprojectservicesthatmay be required during the three (3) year time period. PRINCIPAL PLACE OF BUSINESS Cartegraph Systems, Inc Dubuque, IA ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu FISCAL INFORMATION FundingisbudgetedinTechnologyServicesoperatingaccountnumber830300.6504beginningOctober1, 2014. EXHIBITS Exhibit 1: Quote Exhibit 2: Sole Source Memo Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 Cartegraph Systems, Inc. Software and Services Quotation Q1306014-2 Prepared for City of Denton, TX February 27, 2014 Cartegraph Systems, Inc. | 3600 Digital Drive | Dubuque, Iowa 52003 800.688.2656 | 563.556.8120 | 563.556.8149 fax www.cartegraph.com EXHIBIT 1 Table of Contents Software and Services Quotation ..................................................................................................... 3 Scope of Project ................................................................ 3 Software Products ................................................................................................................................ 3 Project Services .................................................................................................................................... 4 Investment Summary ................................................................ 6 Software Subscription, Maintenance and Support Services Terms/Re ........................ 7 Invoicing/Payment Terms ................................................................................................................... 7 Q1306014-2 2 EXHIBIT 1 City of Denton, TXFebruary 27, 2014 Software and Services Quotation Cartegraph is pleased to present this Quotation for the implementation of world class technology solutions in your CustomerLicensee, organization. This Quotation is prepared for City of Denton whose address is noted below,by Cartegraph Systems, Inc., 3600 Digital Drive, Dubuque, Iowa 52003, hereinafter Cartegraph CustomerLicensee address:address: City of DentonSame 601 East Hickory Street Denton , TX 76205 Scope of Project Software Products Cartegraph OMS Cartegraph will provide and deliver licenses to use the Software Products and in the quantities listed in the Investment SummaryCartegraph. . Software Products are developed and supported products available from Cartegraph OMS provides the following benefits for the term of your subscription: Use of Cartegraph software including all enhancements and updates. 1. Comprehensive telephone and online technical support.Customer 2. will receive unlimited toll-free support Cartegraph via phone, fax or e-mail through the Help Desk for technical issues relating to the use of the licensed software. Telephone support will be available Monday through Friday between the hours of 7:30 a.m. 5:30 p.m. Central time by dialing 877- 647-3050. You can also submit questions/issues via fax at 563-556-8149, or by email to support@cartegraph.com. Problem resolution using remote software tools, as applicable. Cartegraph 3.utilizes a variety of methods/tools for remote diagnostics of client systems: Cartegraph a.WebEx Meeting technology enables users to collaborate online with staff in real time between individuals or groups. Cartegraph b.WebEx Support technology enables users to click a link on the web site, allowing direct Cartegraph connection with Technical Support staff. Cartegraph c.staff can also VPN in to client networks with appropriate authorization. Cartegraph d.Clients can email their Application Log and trace files so that staff can review how the system was being used before an issue arose. Cartegraph e.-protected FTP site can also be used for client data communication. Notification of the availability of free software enhancements and upgrades. 4. Support assistance with software upgrades. Cartegraph 5. Help Desk support staff will answer your questions and guide you through the process to upgrade your software to the latest release. Access to a password-protected, clients-only web site. 6. The Client Support Center at www.cartegraph.com includes online access for reporting and tracking your cases, product troubleshooting information, software downloads, training opportunities, and access to knowledgebase articles. Free web-based training opportunities.ed 7. An ongoing schedule of WEB training sessions on topics such as Forms & Filters, Data Entry Options, Getting Started with Work Management, Reporting Options and more is available at the clients-only Client Support Center web site at no additional charge. 8.Free attendance at regional User Group meetings. Cartegraph holds User Group meetings throughout North America each year and Software Subscription Plan clients can attend free of charge. These events bring current users together to share their experiences and provide additional training opportunities. Special registration discounts to other Cartegraph conferences and workshops. 9. Q1306014-2 3 EXHIBIT 1 City of Denton, TXFebruary 27, 2014 Project Services Implementation Services (Fee for Service) Investment SummaryCartegraph The Fee for Service Implementation Services as listed in the are specific services Customer which will be delivered to the based on the descriptions below and any descriptions that may be found in CartegraphCustomer . will coordinate with the on service delivery expectations and timeframes. Implementation Services: Implementation of our Operations Management System (OMS) - Advanced On- Premise Edition includes the following: Installation support System navigation training System dashboard training Security roles training and support Implementation and training on the Request Management portion of the system Implementation and training on the Work Management portion of the system Implementation and training on Cartegraph for iPad Training on system reports and on-screen analytics Access to the Cartegraph App Catalog when available Use of either Google or ESRI mapping within the system Implementation of the Citizen Request portal for smartphones and web Dedicated Cartegraph Project Manager to facilitate the resource scheduling, timing and other project tasks Phase 1: Complete a 3- the findings and recommendations regarding workflow and asset management Implementation and training on the following Asset Applications - Pavement, Sign, Bridge, Markings, Supports, Cemetery, Grease Traps, and Right of Way Create up to eight custom reports Training and consultation done via web and during two 3-day customer onsites Phase 2: Implementation and training on the following Asset Applications - Signals and Storm Outlets Training and consultation done via web and during two 2-day customer onsites For the duration of the project, the client will appoint a project coordinator to be responsible for the following aspects of the project: Approve the Project Status Report Authorize the project work Acceptance of deliverables defined in the Project Status Report Ensure the project is in compliance with and satisfies the requirements of the Project Status Report Consult with the Cartegraph Project Manager on a continuing basis Provide leadership on all issues related to the client, such as policy, organization, staff, technical architecture, data, and current systems. Monitor progress of the project, including the review of Cartegraph regular status reports and managing internal resources. 1.Customer Responsibilities Customer accepts responsibility for all aspects of project planning, management and execution not specifically Customer described under Scope of Project. Ongoing management of the day-to-day allocation of resources, and CustomerCustomerCustomer management of project tasks is the responsibility of . will provide overall guidance Cartegraph and direction for the project and will direct the project accordingly. Further, and with regard to the Scope of ProjectCustomer obligations listed under the section, understands that it is vital to the success of the Customer project that provides assistance in the following matters: Q1306014-2 4 EXHIBIT 1 City of Denton, TXFebruary 27, 2014 Project ServicesCartegraph 1.For those services listed under , personnel will conduct information gathering and CustomerCartegraph evaluation sessions with various users and management. While respects the time and CustomerCustomer workload of staff, dedicated time on the part of the appropriate resources is necessary to complete these exercises. Customer 2.The installation process requires the periodic assistance of personnel and suitable access to hardware Customer and systems (e.g., security clearance). is encouraged to supervise the installation process while Cartegraph systems are accessible to . It is assumed all hardware, both Personal Computers and Network and Cartegraph Database servers, will be installed and operating in a manner that delivery and execution of Project Services will not be impeded. CustomerCustomer 3. understands that the successful performance of Project Services depends upon fulfilling Customer its responsibilities. The Project assumes that will provide all personnel required to achieve a successful implementation. Customer 4. shall install and network its own hardware and communications and this will not affect the timing or Cartegraph the delivery of services. Customer 5.will provide Internet access and IT staff support as required. For those services that are web-based, Cartegraph utilizes WebEx Meeting technology. Customer Cartegraph 6.shall ensure that their workstation platform and database meet published system requirements. Cartegraph software will be supported within new versions of these workstation platforms and databases Cartegraph within a reasonable period of time from their release from their manufacturer. will discontinue support of its software within older versions of these workstation platforms and databases as their support is discontinued by their manufacturers. CustomerCartegraph 7. agrees to work with to schedule Project Services in a timely manner. All undelivered Project Services shall expire 365 days from the signing of this Proposal. Q1306014-2 5 EXHIBIT 1 City of Denton, TXFebruary 27, 2014 Investment Summary Cartegraph fees for this project are included in the summary below. Date:February 27, 2014Quotation Expiration Date:December 31, 2014QuotationNo.:Q1306014-2 Purchase TypeQty.Unit PriceTotal Price YEAR1 SP OFTWARE RODUCTS Cartegraph OMS Per-user Subscription License, On-premise 8$3,000.00$24,000.00 Advanced EditionDeployment Cartegraph iPad Mobile Per-user Subscription License,On-Premise20$750.00$15,000.00 User License PS ROJECT ERVICES Implementation Services (Fee for Service) Implementation ServicesFixed Fee Service 1$55,000.00$55,000.00 EE$9,200.00 STIMATED XPENSES Y1S-T$103,200.00 EAR UBOTAL YEAR2 SP OFTWARE RODUCTS Cartegraph OMS Per-user Subscription License, On-premise 8$3,000.00$24,000.00 Advanced EditionDeployment Cartegraph iPad Mobile Per-user Subscription License,On-Premise20$750.00$15,000.00 User License Y2S-T$39,000.00 EAR UBOTAL YEAR3 SP OFTWARE RODUCTS Cartegraph OMS Per-user Subscription License, On-premise 8$3,000.00$24,000.00 Advanced EditionDeployment Cartegraph iPad Mobile Per-user Subscription License,On-Premise20$750.00$15,000.00 User License Y3S-T$39,000.00 EAR UBOTAL TC(3-YT)$181,200.00 OTALOST EAR ERM Please note: This quote is being provided for estimation purposes only and is non-binding to either party. The above quoted services are estimates only and may or may not be adequate to meet all the implementation needs of the Cartegraph organization. In the event it becomes apparent to that service efforts detailed in the quote will be exceeded CartegraphCustomer due to further definition in the scope of the project, will notify . Cartegraph In either event, such services shall require advanced written quotation from and approval from Customer . To ensure adequate services, further project scope definition and needs assessment is required. If the terms shown herein are acceptable, a formal agreement defining the scope of the project and/or services will be prepared for execution by both parties. Project ServicesCustomer Any additional services described in the section earlier in this document are available to at the rate of $150 per hour (2-day minimum required for on-site service) plus travel expenses. Q1306014-2 6 EXHIBIT 1 City of Denton, TXFebruary 27, 2014 Software Subscription, Maintenance and Support Services Terms/Re The initial term of Subscription, Maintenance or Support Services, if included, will commence upon execution of Investment Summary this proposal (unless listed differently in the above) and will continue for the term listed in the Investment SummaryInvestment Summary above.At the end of the term listed in the the Customer may renew at prices in effect at that time by execution of a new Agreement. The price in effect at that time will increase by the cumulative consumer price index (CPI) and will not increase by more than 10% over the previous term. Software licensed under a subscription is governed by a license manager and must be renewed prior to the expiration date of the term in order to keep the software active. Invoicing/Payment Terms 1.The Implementation Services fixed fees will be due in four (4) equal payments due every 2 months beginning at the date of the execution of an agreement. If the service is completed prior to the installments being paid then the entire remaining balance will become due The Software Subscription Licenses fee will be due in annual installments 60 days prior to the anniversary of the initial term as follows: a.$39,000.00 due upon signing of a proposal. st b.$39,000.00 due 60 days prior to 1 year anniversary of term start date. nd c.$39,000.00 due 60 days prior to 2 year anniversary of term start date. Q1306014-2 7 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING SOFTWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT AND UPGRADE TO CARTEGRAPH OPERATIONS MANAGEMENT SYSTEM FOR PUBLIC WORKS ASSET AND WORK ORDER SOFTWARE SYSTEM, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5635 AWARDED TO CARTEGRAPH SYSTEMS, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $220,000). 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 approved: FILE NUMBER VENDOR AMOUNT 5635 Cartegraph Systems, Inc. $220,000 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 5635 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 BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0522,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapproving softwaremaintenanceforcontinuedvendorsupportandupgradetoTrakiT9forplanningprojects,permits,code cases,inspections,andbusinesslicenseinformationsoftwaresystem,whichisavailablefromonlyonesource andinaccordancewithChapter252.022oftheTexasLocalGovernmentCodesuchpurchasesareexemptfrom therequirementsofcompetitivebidding;andprovidinganeffectivedate(File5636awardedtoCRWSystems, Inc. in the three (3) year not-to-exceed amount of $212,000). FILE INFORMATION TheCityofDentonPlanning,BuildingInspections,andCommunityImprovementdepartmentshavebeen usingtheTrakiTsoftwaresince2000.ThesedepartmentsusetheTrakiTsystemonadailybasistomanage planningprojects,permits,codecases,inspections,andbusinesslicenseinformation.Thissoftwarehelpsto streamlinethereviewprocessforallpermittingissuedbythePlanningdepartmentincludingGasWellandFire inspections.Alsoprovidedwiththismaintenanceistheweb-basedsoftware,eTrakiT,whichprovidesservices forthepublicandcontractorstoaccessinformationthroughtheInternet.Theservicesincludescheduling inspections,filingcomplaints,obtainingapermitapplicationstatus,orpayingfees.UpgradingtoTrakiT9will provideflexibilityandmobilitybyallowinguserstoaccessTrakiT9softwaremodulesusinganywebbrowser fromadesktop,laptop,ortabletoutinthefieldorintheoffice.Theupgradehasaone-timecostof$80,500but additionalfeesmaybeassessedbasedoncustomreportstheusersmayrequest.TheTrakiTsoftwaresuitehas helpedreducetheduplicationofworkandincreasetheefficiencyofoperationalprocessesfortheusing departments. ItisessentialfortheCityofDentontokeepcurrentmaintenancewiththesoftwarevendorinordertoensure availabilityofupgrades,softwarefixes,andaccesstoknowledgeandsupportresources.TheTechnology Servicesdepartmentcouldnotidentifyanylocalvendorsthatcouldprovidesoftwaremaintenanceforthis application.Therefore,procuringthismaintenancefromtheabovevendoristhebestvaluefortheCityof Denton. CRWSystems,Incisthesole-sourcevendorforcontinuedupgrade,supportandmaintenancefortheTrakiT system.Section252.022oftheLocalGovernmentCodeprovidesthatprocurementofcommoditiesand services that are exempt from competitive bidding, if over $50,0 City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0522,Version:1 RECOMMENDATION TechnologyServicesrecommendsawardingtoCRWSystems,IncforTrakiTsoftwaremaintenanceand upgradetoTrakiT9athree(3)yearnot-to-exceedamountof$212,000.Thisamountincludesmaintenancefor three(3)yearsintheamountof$93,918,theupgradetoTrakiT9intheamountof$80,500andacontingency for any custom reports, additional licenses, or services that ma PRINCIPAL PLACE OF BUSINESS CRW Systems, Inc Carlsbad, CA ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu FISCAL INFORMATION FundingisbudgetedinTechnologyServicesoperatingaccountnumber830400.6504beginningOctober1, 2014. EXHIBITS Exhibit 1: Quote for Maintenance and Upgrade Exhibit 2: Sole Source Memo Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 _____________________________________________________________________________________________ Community Development Software SOFTWARE MAINTENANCE & SUPPORT AGREEMENT This Agreement is entered into this ______ day of ______________________, by and between DENTON, TEXAS, (hereinafter "CLIENT") and CRW SYSTEMS, INC., (hereafter "CRW") for the maintenance and support services of permit and code enforcement e Installation & License Agreement. IN CONSIDERATION of the covenants as set forth in this Agreement A. INCORPORATION OF DOCUMENTS The following documents are attached hereto and, by this referen EXHIBIT A: Covered Sites, Software Modules & Configuration EXHIBIT B: Services and Fees B. COVERAGE B.1. SCOPE OF SERVICES: CRW shall provide maintenance service, technical support and sof hardware, hardware vendor operating systems and other system sof third-party software. B.2. DESCRIPTION OF SERVICES: B.2.1. SUPPORT SERVICES. During the term of this Agreement, CRW shall provide the service herein so as to maintain the Covered Software in good working or defects so that the Covered Software shall function properly and B.2.2. TECHNICAL SUPPORT. CLIENT shall have email and Toll-free phone access to CRW Monday through Friday during their normal business hours. CRW shall us support all CLIENT-users who may call CRW with technical questio to restrict email and/or telephone access to CLIENT-designated r Administrator by telephone or email at least once per month to d unanswered questions. At the request of the CLIENT a quote for onsite technical suppor provided at any time. B.2.3. REMEDIAL SUPPORT. Upon notification by CLIENT of an error, defect, malfunction or nonconformity in the Covered Software, CRW shall respond as foll (a) SEVERITY 1: Produces an emergency situation in which the C inoperable, produces incorrect results, or fails catastrophical RESPONSE: CRW shall provide a response by a qualified member diagnose and to correct Severity 1 problem as soon as reasonabl a response via telephone will be provided within two (2) hours. best efforts to resolve Severity 1 problems in less than forty- will be delivered to CLIENT as a work-around or as an emergency delivers an acceptable work-around, the severity classification (b) SEVERITY 2: Produces a detrimental situation in which perf degrades substantially under reasonable loads, such that there ___________________________________________________________________________________________________________ Software Maintenance & Support Agreement Page 1 of 777 City of Denton EXHIBIT 1 _____________________________________________________________________________________________ Community Development Software Covered Software is usable, but materially incomplete; one or m commands is inoperable; or the use is otherwise significantly i RESPONSE: CRW will provide a response by a qualified member of diagnose and to correct a Severity 2 problem as soon as reasonab a response via telephone will be provided within six (6) hours. to resolve Severity 2 problems within five (5) days. The resolu CLIENT in the same format as Severity 1 problems. If CRW delive around for a Severity 2 problem, the severity classification wil (c) SEVERITY 3: Produces an inconvenient situation in which the does not provide a function in the most convenient or expeditiou suffers little or no significant impact. RESPONSE: CRW will provide a fix or fixes for Severity 3 pro next scheduled maintenance release, whichever occurs first. (d) SEVERITY 4: Produces a noticeable situation in which the us is reasonably correctable by a documentation change or by a futu CRW. RESPONSE: CRW will provide a fix or fixes for Severity 4 pro next scheduled maintenance release, whichever occurs first. (e) For the purpose one (1) business hour one (1) business day during CRW office hours. B.2.4. EMAIL/FACSIMILE SUPPORT. For Severity 3 & Severity 4 issues, CRW provides a written probl report. CLIENT may submit a problem report via email or fax at receipt of all reports with a telephone call or response email t problem within 15 days or at the next scheduled maintenance rele B.2.5 MAINTENANCE SERVICES. During the term of this Agreement CRW will maintain the Covered Software by providing CLIENT with all software upgrades, enhance updates or new versions shall be provided to CLIENT via downloade. CRW anticipates at least one upgrade per quarter. B.2.6. SERVICES NOT INCLUDED. Maintenance Services do not include any of the following: (a) Custom programming services; (b) On-site support, including installation of hardware or soft (c) Support of any software not designated as Covered Software. (d) Custom reports/forms or a modification to an existing repor (e) Training, except as specified in Exhibit B. B.2.7. LIMITS OF LIABILITY. CRW assumes no responsibility for the correctness of, performanc any resulting incompatibilities with, current or future releas made changes to the system hardware/software configuration or code of the Covered Software. B.2.8. ADDITIONAL SERVICES. CLIENT may request CRW perform additional services which are not covered under the Scope of Services or Description of Services a CRW agree to perform said additional services, CRW & CLIENT shall agreement setting forth the scope of said additional services an additional services. Said separate written agreement may be mad ___________________________________________________________________________________________________________ Software Maintenance & Support Agreement Page 2 of 777 City of Denton EXHIBIT 1 _____________________________________________________________________________________________ Community Development Software C. COMPENSATION C.1. FEES: C.1.1. SERVICE FEES: Fees for Maintenance, Support & Service provided under this Agre contained in Exhibit B. Should a user and/or software package bto Exhibit A, CRW reserves the right to adjust and/or amend Exhibit A and Exhibit B accordi notification of such adjustment. C.1.2. TAXES: CLIENT shall, in addition to the other amounts payable under thi and other taxes, national, state or otherwise, however designate reason of transactions contemplated by this Agreement, except th income, including withholding taxes or similar deductions. With promptly pay to CRW an amount equal to any such items actually p CRW. D. EXCLUSIONS OF LIABILITY D.1. WARRANTY: CRW makes and CLIENT receives no warranty express or implied and excluded all warranties of merchantability and fitness for a par the maintenance fees and other charges which CRW is charging und for assumption by CRW of the risk of client's consequential or Accordingly, CRW shall have no liability with respect to its obl exemplary, or incidental damages, even if it has been advised of the possibility of such damages. except in the case of gross negligence or wilful misconduct, in no event shall CRW be damages in any amount greater than that paid by client to CRW un twelve (12) month period immediately preceding the accrual of th D.2. INDEMNITY: D.2.1. To the extent permitted by law, CRW agrees to indemnify and hold officials, employees, and agents from and against liability, dam negligent acts, errors or omissions of CRW and its employees, subcontractors, sub consultants, and agents in the pe D.2.2. To the extent permitted by law, CLIENT agrees to indemnify and h sub consultants, and agents from and against liability, damages, employees, including, but not limited to, incorrect data or info E. INSURANCE & LICENSES E.1 as required by state law. E.2. GENERAL LIABILITY: Throughout the term of this Agreement and any extension thereof, Bodily Injury and Property Damage Liability Insurance, including amount of One Million Dollars ($1,000,000), combined single limi E.3. LICENSES: CRW shall maintain all licenses required by law which are applic of their business, including, but not limited to, a business license in the State, CLIENT is located, if applicable. Said licenses shall be mainta Agreement and any extension thereof. ___________________________________________________________________________________________________________ Software Maintenance & Support Agreement Page 3 of 777 City of Denton EXHIBIT 1 _____________________________________________________________________________________________ Community Development Software F. TERM AND TERMINATION F.1. TERM: The term of this Agreement shall be for three (3) years. Covered shall commence upon the receipt of a fully executed original of F.2. TERMINATION: This Agreement may be terminated by CLIENT at any time, with or defined as the date which is thirty (30) days from the date on w postmarked or if sent by email, the date which is thirty (30) da said email. In the event of termination by CLIENT, CLIENT shall including the Date of Termination. Upon termination CLIENT further agrees to return all source code and unused to CRW. G. ADDITIONAL PROVISIONS G.1. CLIENT REFERENCES: CRW will not use CLIENT's name, logo or any other trademarks (i studies," and the like) without CLIENT's prior written approval, G.2. INDEPENDENT CONTRACTOR: CLIENT and CRW acknowledge and intend that, to the maximum exten does not constitute an employment agreement by either party; (b) contracting parties with respect to all services rendered under be construed as a partnership. CRW shall retain sole and absolu techniques and procedures used in performing the services set fo carry worker compensation insurance for their own respective ben not create an inference of employment. G.3. DESIGNATED CONTRACT REPRESENTATIVES: All communication relating to fees, termination or the general p between the designated representatives of CLIENT and CRW Systems CLIENT CRW Name Christopher R. Wuerz, P.E. Address President, CRW Systems, Inc. Phone: 2036 Corte Del Nogal, Suite 200 Email: Carlsbad, CA 92011 Phone: (858) 451-3030 Email: chris@crw.com Should the designated representative or address of either Party any extension thereof, said Party shall provide written notice t G.4. ENTIRE AGREEMENT: ___________________________________________________________________________________________________________ Software Maintenance & Support Agreement Page 4 of 777 City of Denton EXHIBIT 1 _____________________________________________________________________________________________ Community Development Software Each party acknowledges that it is bound by the terms of this Ag complete and exclusive statement of the Agreement between the Pa prior proposals, understanding and all other Agreements with res support, whether oral or written, between the Parties. Nothing benefit any third party. The contractors, subcontractors, or su of this Agreement. G.5. : In the event that any legal proceeding is instituted by either C Agreement or to determine the rights of CRW or CLIENT, the preva entitled to recover its reasonable costs and attorney's fees. G.6. APPLICABLE LAW: This Agreement, its interpretation and all work performed thereu of TEXAS. Venue for the enforcement of this agreement shall lie, TEXAS. All claims, disputes, and other matters in question arising out thereof shall be resolved in the COURT OF DENTON COUNTY, TEXAS, and all parties hereto specifically waive G.7. BINDING ON SUCCESSORS: All the terms, provisions and conditions of this Agreement shall parties hereto and their respective successors, assigns and lega CRW may not assign any of its responsibilities or obligations hereunder to any other perso G.8. SEVERABILITY: If any provision of this Agreement shall be held to be invalid, enforceability of the remaining provisions shall in no way be af G.9. DUE AUTHORITY: CLIENT represents and warrants that the person executing this Ag CLIENT and has full and complete authority to execute this Agree provided herein, and have been designated by CLIENT to execute t CRW represents and warrants that the person executing this Agree and has full and complete authority to execute this Agreement an herein, and have been designated by CRW to execute this Agreemen G.10. AGREEMENT AS OFFER: This Agreement shall be valid only if it is signed by both CLIEN received by both parties on or before July 1, 2014. CITY OF DENTON, TEXAS CRW SYSTEMS, INC. Carlsbad, California Dated: _______________________ Dated: _________________________ By: _______________________ By: _________________________ Christopher R. Wuerz, President CRW Systems, Inc. ___________________________________________________________________________________________________________ Software Maintenance & Support Agreement Page 5 of 777 City of Denton EXHIBIT 1 _____________________________________________________________________________________________ Community Development Software EXHIBIT A COVERED SITES, SOFTWARE MODULES AND CONFIGURATION A. COVERED SITES This Agreement covers the following CLIENT sites 601 E. Hickory 221 N. Elm St B. COVERED SOFTWARE This Agreement covers the following TRAKIT software com 1.TRAKiT Software Modules included: ProjectTRAK, PermitTRAK, CodeT Reports. 2.TRAKiT 3 3.IVR API (Teleworks) 4.MobileTRAK a.Laptop Sync b.PDA C. COVERED CONFIGURATION This Agreement covers the following configuration: __40__ Simultaneous User and 0 Observer licenses of Covered Software purchased by CLIENT and i on ___Unlimited____ workstations. (Platform support for XP Service Pack 2, VISTA, Windows 7 Operating System) ___________________________________________________________________________________________________________ Software Maintenance & Support Agreement Page 6 of 777 City of Denton EXHIBIT 1 _____________________________________________________________________________________________ Community Development Software EXHIBIT B SERVICES AND FEES Maintenance Services and support for the applications and config payable per the Fee Schedule below. The fee may be adjusted at ) year term of this Agreement to the then current pricing. Should additions to the number of licensed users or the Covered term of this Agreement or any extension thereof, CRW shall adjus CLIENT with written notice of the fee change. FEE SCHEDULE 2014 TRAKiT Software $27,295.00 eTRAKiT $1,030.00 MobileTRAK $1,030.00 IVR $1,030.00 DUE 07/01/2014 $30,385.00 TOTAL 2015 TRAKiT Software $28,114.00 eTRAKiT $1,061.00 MobileTRAK $1,061.00 IVR $1,061.00 DUE 07/01/2015 $31,297.00 TOTAL 2016 TRAKiT Software $28,957.00 eTRAKiT $ 1,093.00 MobileTRAK $ 1,093.00 IVR $ 1,093.00 DUE 07/01/2016 $32,236.00 TOTAL ___________________________________________________________________________________________________________ Software Maintenance & Support Agreement Page 7 of 777 City of Denton EXHIBIT 1 TRAKiT9 Migration City of Denton, TX Statement of Work The City of Denton is interested in upgrading its existing softwTRAKiT 9. TRAKiT 9 Licensing Terms The following software is currently licensed by the Client and w process: TRAKiT 9 Software CRW Systems will transfer the license & maintenance from the cur Modules currently licensed by the Client include: -40 End-User Licenses -0 Read-Only Licenses -GeoTRAK (formerly LandTRAK) -PermitTRAK -ProjectTRAK -CodeTRAK -LicenseTRAK eTRAKiT Software CRW will ensure that current eTRAKiT settings are maintained and TRAKiT9 database. MobileTRAK Software CRW will ensure that current MobileTRAK settings are maintained new TRAKiT9 database. This includes migration for the following -TRAKiT PDA Installation & Migration Assistance $10,000.00 CRW will migrate all Client data contained within TRAKiT and confirm that primary available. Client understands that some functions/features are previous versions of TRAKiT. Installation Assistance CRW will provide the TRAKiT 9 software and assist the City in in Software installation will be done one (1) time ronment. The Client will be charged for any moving and/or reinstallation of the software. Page 1 of 4 t©¦©z;· ©ä 7 /Ez7;·z August 22, 2014 EXHIBIT 1 Data Migration CRW will migrate includes two (2) conversion routines: 1.Migration will occur at the initial delivery for Client testing. must be reported to CRW within fifteen (15) days of initial test 2.Just prior to the Go Live event. The TRAKiT database must be pr than 10:00 AM PST on the scheduled conversion date. Any alterations made to the TRAKiT database by the Client during charges to correct. Agency Responsibilities The Agency agrees to the following: -Fully test the system and host the site live within 45 days of i list of any issues (features not working) that would prevent thi -Client will be responsible for providing remote network access t Report, Document, & Customization Migration TRAKiT Reporting has been updated from Crystal Reports (SAP) to (Microsoft SSRS) standards. The following custom reports, docum be delivered as part of the migration. Any reports not identifi fees, if CRW needs to correct any errors. TRAKiT 9 Standard Reports $ 0 TRAKiT Standard Reports are included at no cost to the client. The following list of Standard Reports are currently in use by the Client and will be converted for use -A list will be provided to CRW before signing. Agency-Specific Custom Reports/Forms $37,500.00 -A list will be provided prior to signing. Agency Customizations/Enhancements 1.LandTRAK Update $6,750.00 Step 1 of Denton Geo Update and Step 2 of Denton Geo Update. - 2.ProjectDox Integration $10,000.00 -Cost only covers integration work to be completed by CRW and doe cost for work required by ProjectDox. Page 2 of 4 t©¦©z;· ©ä 7 /Ez7;·z August 22, 2014 EXHIBIT 1 User Training $12,500.00 CRW Training -One trainer to accommodate up to eight (8) students. -Provide all necessary training material for students. -Training will be broken into 4 hour (half-day) segments for each able to attend the full training session. -Provide five (5) full onsite days of training/go live migration Client Responsibility -Provide an adequate training space to accommodate trainees. -Provide eight (8) workstations/laptops for each individual to be - -- Windows functions. -Workstations must be compatible with Internet Explorer 9 or 10. Travel Cost $3,750.00 -Includes: Air Fare, Hotel, Meals, Hotels, Rental Car, Parking, B Technology Requirements Supported Browsers: -TRAKiT9: Internet Explorer 9, 10 o -eTRAKiT: Internet Explorer 9, 10, 11 o Google Chrome o Mozilla Firefox o Apple Safari o Server hardware requirements: -Windows Server 2008 R2 -SQL Server 2008 R2 or later -SRSS Reporting services enabled for reports -ASP.net 4.0 -IIS 7+ -32-bit enabled -Web server must be exposed to the internet for eTRAKiT and iTRAK -Installation will occur on the Live/Production environment only. If additional server installations are required, this will be considered an additiona Page 3 of 4 t©¦©z;· ©ä 7 /Ez7;·z August 22, 2014 EXHIBIT 1 Pricing Summary TRAKiT 9 Software $ 0 Installation & Migration Assistance $ 10,000.00 Report, Document, & Customization Migration $ 54,250.00 User Training (5 days onsite) $ 12,500.00 Travel Expenses (5 days onsite) $ 3,750.00 Total $ 80,500.00 Payment Schedule At Installation of Software and initial Data Conversion $ 10,0 Initial Delivery of Reports, Customizations $ 52,450.00 Completion of Training $ 16,250.00 Maintenance & Support Included in separate agreement Terms -This quote supersedes all previous quotes and offers and is vali -State and local use and/or excise taxes that apply to the work p responsibility of the Client, and will be added to the fees and state and local law. -All travel related costs have been included; however, the Client additional fees or charges due to cancellation or rescheduling b -No software customizations have been included, unless specifical Authorization Offer Authorized by: Scott Talbert VP of Client Services CRW Systems, Inc. Accepted by: Name: Title: Signature: Date: h ,;w E E ·w; /z·ä E 5;· Page 4 of 4 t©¦©z;· ©ä 7 /Ez7;·z August 22, 2014 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING SOFTWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT AND UPGRADE TO TRAKIT9 FOR PLANNING PROJECTS, PERMITS, CODE CASES, INSPECTIONS, AND BUSINESS LICENSE INFORMATION SOFTWARE SYSTEM, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5636 AWARDED TO CRW SYSTEMS, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $212,000). 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 are hereby approved: FILE NUMBER VENDOR AMOUNT 5636 CRW Systems, Inc. $212,000 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 5636 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 BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0523,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapproving softwaremaintenanceforcontinuedvendorsupportandupgradeandsustainmentservicesforAutomated MeteringInfrastructure(AMI)fortheDentonMunicipalElectricMeteringDepartment,whichisavailablefrom onlyonesourceandinaccordancewithChapter252.022oftheTexasLocalGovernmentCodesuchpurchases areexemptfromtherequirementsofcompetitivebidding;andprovidinganeffectivedate(File4485awarded to Trilliant Inc. in the three (3) year not-to-exceed amount of FILE INFORMATION TheElectricMeteringdepartmentusestheTrilliantsmartgridsoftwareandinfrastructureonadailybasisto provideautomatedelectricmeterreadingthatisusedincustomerbillings.Withoutthissoftware,meterreaders wouldneedtomanuallyreadeachmeter.TheattachedStatementofWork(SOW)isfortheSustainmentPhase ofthisproject.SustainmentServiceswillensurecontinuationofservicewithhighperformanceandavailability oftheAMIsystem.Theseservicesarequotedintheannualamountof$200,000forthevendortocontinue providingsupportservicesonadaily,monthly,andquarterlybasisforoperationsandperformance management.Annualmaintenancefeesarequotedat$46,453forthefirstyearwithanestimated7%increase forthetwoadditionalyears.TheSOWalsocontainsaprovisionforUpgradeServicesbutthepricecannotbe quoteduntiltheactualtimeframeoftheReleaseisdetermined.TechnologyServiceshasfactoredina15% contingency for this service if needed. ItisessentialfortheCityofDentontokeepcurrentmaintenancewiththesoftwarevendorinordertoensure availabilityofupgrades,softwarefixes,andaccesstoknowledgeandsupportresources.TheTechnology Servicesdepartmentcouldnotidentifyanylocalvendorsthatcouldprovidesoftwaremaintenanceforthis application.Therefore,procuringthismaintenancefromtheabovevendoristhebestvaluefortheCityof Denton TrilliantNetworks,Incisthesole-sourcevendorforcontinuedupgrade,support,services,andmaintenancefor Trilliantsoftwareandinfrastructure.Section252.022oftheLocalGovernmentCodeprovidesthatprocurement ofcommoditiesandservicesthatareexemptfromcompetitivebidding,ifover$50,000,shallbeawardedby the governing body. RECOMMENDATION City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0523,Version:1 Technology Services recommends awarding to Trilliant Networks, I Sustainment Services in a three (3) year not-to-exceed amount of PRINCIPAL PLACE OF BUSINESS Trilliant Networks, Inc Redwood City CA ESTIMATED SCHEDULE OF PROJECT This expenditure is for the time period of October 1, 2014 throu FISCAL INFORMATION Funding is budgeted in Technology Services operating account num 2014. EXHIBITS Exhibit 1: Maintenance and Upgrade Pricing Exhibit 2: Sole Source Memo Exhibit 3: Ordinance Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Kevin Gunn City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Page1of1 EXHIBIT 1 09/05/201408:08:09 TrilliantNetworksInc. 1100IslandDrive RedwoodCityCA94065 USA Invoice Tel:6502045050 Fax:6505088096 Information InvoiceNo. Bill-To-Party InvoiceDate CityofDenton AccountsPayable CustomerPONo.(Date) 215EMcKinneySt. CustomerNo. 100446 DentonTX76201 Currency USD TermofPayment Netduein30days Ship-To-Party CityofDenton 1701CSpencerRoad DentonTX76205 ItemMaterial/DescriptionQuantityUnitPriceValue 10TNI-MAINTENANCE1EA4.004,.00 UnitySuiteSoftwareMaintenanceandSupportnoDSM (Oct201Sept201)OperatingBudget --------------------------------------------------------------------------------------------------------------------------------------------------- TotalAmount 4,.00 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- AmounttoRemit 4,.00 -------------------------------------------------------------------------------- EXHIBIT 1 Statement of WORK No. DME 2014 -01 -01 This Statement of Work (SOW) defines a Statement of Services, Sc Denton Municipal Electric ( Unless specified otherwise within this SOW all work completed un AGREEMENT FOR dated June 30, 2010. AUTHORIZATION This Statement of Work is authorized and made an attachment to t Authorized by: Accepted by: Customer Trilliant By: By: (Signature) (Signature) Name: Name: (Please print) (Please print) Title: Title: Date: Date: Trilliant Confidential EXHIBIT 1 Sustainment Phase of the Customer Smart Grid communications infrastructure deployment project. The Sustainment Phase sh the deployment agreement. The document includes responsibilitie SOW require Change Order Procedure established in the Master Agr Project Objective After successful deployment completion and systems acceptance, D Sustainment Phase of the Smart Grid Infrastructure project. Key performance and availability of the system. As part of that ong augmented operational and support capabilities as defined in thi Scope of Work Overview 0±®¥¤²²¨® « 3´²³ ¨¬¤³ 3¤±µ¨¢¤² Head-%£ 3¸²³¤¬ (HES) Operations £ 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ 1´®³¤£ ² ¯¤± DME Request Daily Verification of HES Operations (Verification, Resolution, Optimization)YES Daily HES Task Maintenance (Device Commissioning, change outs, new customers)NO HES Performance Reporting, Analysis, Investigation & ResolutionYES Monthly analysis and improvement recommendationsYES 3¤¢´±¤-¤²§ 7!. /¯¤± ³¨®² £ 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ Commission, Update and decommission WAN DevicesNO Monitoring of Alarms and Device StatusNO Create trouble tickets for field investigationsNO MonthlyPerformance ReportingYES MonthlyPerformanceImprovement PlanYES Quarterly Network AuditYES 3¤¢´±¤-¤²§ .!. /¯¤± ³¨®² £ 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ Commission, Update and decommission Extender BridgesNO Investigate non-reporting meters (after 72 hours)NO Create trouble tickets for field investigationsNO Monthly NANPerformance ReportingYES Monthly Performance improvement PlanYES Quarterly network auditYES 5¯¦± £¤ 3¤±µ¨¢¤² 0±¨¢¤£ ¯¤± 2¤«¤ ²¤ T&M Basis Head-%£ 3¸²³¤¬ ((%3) 5¯¦± £¤² Testing and Implementation Support of Hot Fix, Patch and New HES ReleasesYES Trilliant and Third Party Upgrade Testing and Deployment PlanningYES 3¤¢´±¤-¤²§ 7!. £ .!. 5¯¦± £¤² Upgrade Testing and Firmware Deployment PlanningYES )¢¨£¤³ )²²´¤ - ¦¤¬¤³ 4É- " ²¨²4 As per DME monthly schedule, with the exception of the quarterly network audit. *Pricing to deliver items quoted on a T&M Basis will be as per the daily rat Project Deliverables To meet the above objectives Trilliant shall provide the followi 1. Professional Sustainment Services (%3 /¯¤± ³¨®² £ 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ The HES Operations and Performance Management packages are provi Operators will conduct daily analysis and investigation maximizi (%3 /¯¤± ³¨®² 6¤±¨¥¨¢ ³¨® ®¥ (%3 /¯¤± ³¨®² (6¤±¨¥¨¢ ³¨®þ 2¤²®«´³¨®þ /¯³¨¬¨ o Daily verification of operations for production systems Providing resolution or mitigation of operational issues Periodic verification for test server operation (%3 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ (%3 0¤±¥®±¬ ¢¤ 2¤¯®±³¨¦þ ! «¸²¨²þ )µ¤²³¨¦ ³¨® É 2¤²®«´³¨® o Prepare reports on system performance metrics Identify issues requiring further investigation Schedule optimization and/or remediation Task success review and enhancement Document and publish monthly HES activity report -®³§«¸ «¸²¨² £ ¨¬¯±®µ¤¬¤³ ±¤¢®¬¬¤£ ³¨®² o Initiate investigations on HES Related issues Issue and manage trouble tickets with appropriate resources Provide reports on root cause analysis (RCA) for P1 HES issues EXHIBIT 1 3¤¢´±¤-¤²§ 7!. /¯¤± ³¨®² £ 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ WAN Operations and Performance Management packages are offered t customized network monitoring reports and report analysis to ide indicators that ensure a reliable network. 3¤¢´±¤-¤²§ 7!. /¯¤± ³¨®² .®¤ )¢«´£¤£ o 3¤¢´±¤-¤²§ 7!. 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ -®³§«¸ 7!. 0¤±¥®±¬ ¢¤ 2¤¯®±³ o Prepare system performance reporting on key metrics Identify issues requiring further investigation Publish monthly network performance report and key actions -®³§«¸ 0¤±¥®±¬ ¢¤ )¬¯±®µ¤¬¤³ 0« o Initiate remote investigations on Network Related issues Locating network problems Suggest optimization techniques to improve system performance 1´ ±³¤±«¸ .¤³¶®±ª !´£¨³ o The Network Audit is a suggested service for all SecureMesh syst identifying any changes within the networks performance and/or a It is suggest that this service be conducted as part of a Utilities pr SecureMesh WAN Benchmark Analysis Hop Count Loading Redundancy Reliability Link Strength Channel Planning/Utilization Device Configuration Analysis FW Penetration Report on firmware versions active in the network Conclusions and Recommendations Suggested repairs Suggested upgrade paths 3¤¢´±¤-¤²§ .!. /¯¤± ³¨®² £ 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ Network Operations and Performance Management packages are offer customized network monitoring reports and report analysis to ide ensure a reliable network. 3¤¢´±¤-¤²§ .!. /¯¤± ³¨®² .®¤ )¢«´£¤£ o 3¤¢´±¤-¤²§ .!. 0¤±¥®±¬ ¢¤ - ¦¤¬¤³ -®³§«¸ .!. 0¤±¥®±¬ ¢¤ 2¤¯®±³ o Prepare system performance reporting on key metrics Identify issues requiring further investigation Publish Monthly network performance report and key actions -®³§«¸ 0¤±¥®±¬ ¢¤ )¬¯±®µ¤¬¤³ 0« o Initiate remote investigations on Network Related issues Locating network problems Suggest optimization techniques to improve system performance 1´ ±³¤±«¸ .¤³¶®±ª !´£¨³ The Network Audit is a suggested service for all SecureMesh sys identifying any changes within the networks performance and/or a It is suggest that this service be conducted as part of a Utilit SecureMesh NAN benchmark Analysis Hop Count o Loading o Redundancy o Reliability o Link Strength o Channel Planning/Utilization o Device Configuration Analysis FW Penetration o Report on firmware versions active in the network o Conclusions and Recommendations Suggested repairs o Suggested upgrade paths o 2. Upgrade Services Priced per Release (¤ £%£ 3¸²³¤¬ ((%3) 5¯¦± £¤² 4¤²³¨¦ £ )¬¯«¤¬¤³ ³¨® 3´¯¯®±³ ®¥ 0 ³¢§ £ .¤¶ (%3 2¤«¤ ²¤² Installation and Validation of Patches and New HES releases on o Deployment planning and execution for Patches and New HES relea o 4±¨««¨ ³ £ ³§¨±£ ¯ ±³¸ ´¯¦± £¤ ³¤²³¨¦ £ £¤¯«®¸¬¤³ ¯« ¨ Support for testing new Trilliant software releases against exi o Support for testing Trilliant HES with new software releases of o Deployment planning and execution o EXHIBIT 1 3¤¢´±¤-¤²§ 7!. £ .!. &¨±¬¶ ±¤ 5¯¦± £¤² 5¯¦± £¤ 4¤²³¨¦ £ &¨±¬¶ ±¤ $¤¯«®¸¬¤³ 0« ¨¦ Deployment planning for new firmware releases for test and prod o Execution and Testing of new network device firmware releases in o Deployment of new firmware release via Unity suite FW packages t o Deployment of new firmware release via NEMS to Production networ o )¢¨£¤³ )²²´¤ - ¦¤¬¤³ (!µ ¨« ¡«¤ ® 4É- " ²¨²) rd Single Point of Contact (SPOC) to manage resolution of end to en party vendors applicable to the o investigation. Provide regular and informative reporting on status of open inve o status Document and report out to customer on RCA of high priority/impa o Escalation Path The Issue Manager will escalate issu o customer satisfaction with the account services. This will cover Mission Critical Support Task Force Lead (only available if subs If a mission critical event should arise based on the condition defined, the SPOC will actively engage all relevant stakeholders and time-sensitive resolution. 3. Customer Responsibilities All Field activities All operations and maintenance associated with managing the Secu Creation of trouble tickets, and conducting in field investigati Maintaining inventory for appropriate spares Provide current and accurate network and meter forecasts for fut Informing Trilliant of RMA activity for incoming or outgoing dev Regular updates in installed customer base rd Advanced notice of any and all impacting changes to be made to t party interfaces minimum 2 months Manage and maintain all backhaul, IT and DB (database) infrastru IT resource availability to maintain and optimize for remote co Maintain and Publish current organizational charts with identifi 4.Deliverables As a component of the Trilliant operational services, Trilliant HES Operations and Performance Management Report Monthly HES Activity Report, including Analysis and recommendati o WAN/NAN Network Operations and Performance Management Report Monthly network performance report, including analysis and recom o Quarterly Network Performance Audit o 4. Price and Payment Terms Denton Professional Sustainment Services Head End System Operations Annual Fee Verification of HES Operations (Verification, Resolution, Optimization) Included Monthly analysis and improvement recommendations SecureMesh WAN Operations and Performance Management Monthly Performance Reporting Included Monthly Performance Improvement Plan Quarterly network audit SecureMesh NAN Operations and Performance Management Monthly Meter Performance Reporting Included Monthly Performance Improvement Plan Quarterly network audit Total Annual Operations $ 200,000 Note 1 Note 1 Invoicing shall be at the beginning of each annualized Term Upgrade Services Priced per Release Head End System (HES) Upgrades Annual Fee Priced Per Testing and Implementation Support of Patch and New HES Releases Release Trilliant and Third Party Upgrade Testing and Deployment Plannin SecureMesh WAN and NAN Upgrades Priced Per Upgrade, Testing and Firmware Deployment Planning and Implementation Release Note 2 Note 2 Excludes devices that are not reachable OTA EXHIBIT 1 Service rate table including discount for SOW. Rates and discou Title Daily Rate Discount Discounted Rate Project Director $2,000.00 15% $1,700.00 Sr. Architect/Subject Matter Expert $2,000.00 15% $1,700.00 Network Architect $2,000.00 15% $1,700.00 Network Planner $1,350.00 15% $1,147.00 Systems Integration Lead $1,500.00 15% $1,275.00 Systems Integration Analyst $1,350.00 15% $1,147.50 Training Technical Consultant $1,350.00 15% $1,147.50 Service Assurance Analyst $1,200.00 15% $1,020.00 Data Base Analyst $1,500.00 15% $1,275.00 Term The term of this Agreement shall be X years from the date of execution. Not less than ninety (90) days pri shall meet to review scope and associated pricing adjustments th each year for an additional one-year term unless either Party gi ninety (90) days before the expiration of the then-current term. Invoicing and other pricing terms Invoices shall be submitted to: Denton Municipal Utilities ATTN: Kyle Tunnel 1701 Spencer Road Denton, TX, 76205 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING SOFTWARE MAINTENANCE FOR CONTINUED VENDOR SUPPORT AND UPGRADE AND SUSTAINMENT SERVICES FOR AUTOMATED METERING INFRASTRUCTURE (AMI) FOR THE DENTON MUNICIPAL ELECTRIC METERING DEPARTMENT, WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4485 AWARDED TO TRILLIANT INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $875,000). 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 nt, are hereby approved: FILE NUMBER VENDOR AMOUNT 4485 Trilliant Inc. $875,000 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 4485 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 BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0524,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforthesupplyof WoodUtilityPolesforDentonMunicipalElectric;providingfortheexpenditureoffundstherefore;and providinganeffectivedate(RFP5606-awardedtoKisatcheTreating,Inc.inthethree(3)yearnot-to-exceed amount of $1,679,247). RFP INFORMATION ThisRFPisfortheannualcontracttosupplyWoodUtilityPolesusedbyDentonMunicipalElectric(DME). TheitemsarestockedbytheDistributionCenterandusedasneeded.PurchasesfromtheCitysDistribution CenterareapprovedbytheCityCouncilanddonotreceivearecommendationfromtheCitysPublicUtilities Board even if the goods purchased may be used by the Citys util RequestsforProposalsweresentto34prospectivesuppliersofthisitem.Inaddition,specificationswere placedontheMaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocal newspaper.One(1)proposalwasreceived(Exhibit1-EvaluationSheet).ABestandFinalOffer(BAFO)was conductedwhichresultedinalowercostperpoleforItem28.ThisitemisanoptionwhichallowsDMEtouse aqualifiedpoleinspectortohandpickthestraightestandstrongestpolesoutoftheplantspolestackforeach shipmentofpolestobedeliveredtoDME.Theproposalswereevaluatedbaseduponpublishedcriteria includingperformance,delivery,acceptanceofstandardtermsandconditions,andprice.Baseduponthis evaluation, Kisatche Treating, Inc. meets all requirements and i TheCitypreviouslyreleasedasolicitationin2010forwoodpolesandfour(4)firmsresponded.TheCity awardedacontracttoColfaxTreatingin2010,asthebestvaluedoption,whichwasacquiredbyKisatche Treating.TheoperationwasthenmovedtoPineville,LA.Duringthecourseofthecontract,theCityreceived twopriceincreaserequests:6%in2012and4%in2013.AllfirmsthatrespondedtothepreviousRFPin2010 werenotifiedbydirectemailofthenewsolicitation.Frominformationgatheredduringthesolicitationprocess, oneofthepreviousrespondentsisnowpartofalargerconglomeratecompanythatownsKisatche,therefore reducingthemarketcompetition.AcomparisonoftheFiscalYear2014pricingtothe2015pricingincludedin thiscontractindicatesthattheCitywillexperienceanoverallpriceincreaseof8%forthesupplyofthese products. RECOMMENDATION City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0524,Version:1 ApproveacontractwithKisatcheTreating,Inc.forWoodUtilityPolesinathree(3)yearnot-to-exceed amount of $1,679,247. PRINCIPAL PLACE OF BUSINESS Kisatche Treating, Inc. Pineville, LA ESTIMATED SCHEDULE OF PROJECT Thisisaninitialone(1)yearcontractwithoptionstoextendthecontractfortwo(2)additionalone(1)year periods, with all terms and conditions remaining the same. FISCAL INFORMATION TheitemsinthisRFPwillbefundedoutoftheDistributionCenterWorkingCapitalaccountandchargedback to the using department. EXHIBITS Exhibit 1: Ranking/Evaluation Sheet Exhibit 2: Ordinance Exhibit 3: Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Elton Broc City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 2 ORDINANCE NO. 2014-______ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE SUPPLY OF WOOD UTILITY POLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5606-AWARDED TO KISATCHE TREATING, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $1,679,247). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of wood utility poles 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, for Proposals 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 5606 Kisatche Treating, Inc. $1,679,247 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 EXHIBIT 2 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. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5606 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 proposals. 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 BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 3 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND WOOD UTILITY POLES (RFP 5606 ) THIS CONTRACT is made and entered into this day of A.D., 20__, by and between KISATCHE TREATING, INC. a corporation, whose address is 74 Wadley Rd, CITY OF DENTON, Pineville, LA 71360, hereinafter referred to as "Supplier," and the 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 #5606 WOOD UTILITY 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: (Exhibit “A”) (a)Terms and Conditions (Exhibit “B” on file at the office of the Purchasing (b)City of Denton’s RFP 5606 Agent ) (Exhibit "C") (c)Form CIQ – Conflict of Interest Questionnaire . (Exhibit "D") (d)Supplier’s Proposal. ; 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 5606 EXHIBIT 3 EXHIBIT 3 Exhibit A Special Terms and Conditions Total Contract Amount The contract total shall not exceed $1,679,247. Pricing shall be per Exhibit D attached. 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 dentonpurchasing@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 will implement an escalation/de-escalation price adjustment annually. The escalation/de-escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually percentage change in the manufacturer’s price list. The price adjustment will be determined quarterly from the award date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no The supplier must request is made, then it will be assumed that the bid price will be in effect. submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. RFP 5606 EXHIBIT 3 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 5606 EXHIBIT 3 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. SUPPLIER’S OBLIGATIONS 1.. 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. EFFECTIVE DATE/TERM 2.. 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. SUPPLIER TO PACKAGE DELIVERABLES 3.: 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. SHIPMENT UNDER RESERVATION PROHIBITED 4.: 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. TITLE & RISK OF LOSS 5.: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. DELIVERY TERMS AND TRANSPORTATION CHARGES 6.: 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. RIGHT OF INSPECTION AND REJECTION 7.: 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 5606 EXHIBIT 3 NO REPLACEMENT OF DEFECTIVE TENDER 8.: 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. PLACE AND CONDITION OF WORK 9.: 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. WORKFORCE 10. 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. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS 11. : 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.). INVOICES 12. : 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. Proper Invoices must include a unique invoice number, the purchase order or delivery order B. 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 RFP 5606 EXHIBIT 3 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. PAYMENT 13. : 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. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at B. 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. TRAVEL EXPENSES 14. : 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. FINAL PAYMENT AND CLOSE-OUT 15. : A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is RFP 5606 EXHIBIT 3 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. SPECIAL TOOLS & TEST EQUIPMENT 16. : 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. RIGHT TO AUDIT 17. : 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. SUBCONTRACTORS 18. : 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. C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the RFP 5606 EXHIBIT 3 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. WARRANTY-PRICE 19. : 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. WARRANTY – TITLE 20. : 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. WARRANTY – DELIVERABLES 21. : 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. WARRANTY – SERVICES 22. : 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. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance RFP 5606 EXHIBIT 3 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. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES 23. : 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. RIGHT TO ASSURANCE 24. : 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. STOP WORK NOTICE 25. : 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. DEFAULT 26. : 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. TERMINATION FOR CAUSE: 27. 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. TERMINATION WITHOUT CAUSE 28. : 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. FRAUD 29. : 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 5606 EXHIBIT 3 may result in legal action. DELAYS 30. : 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. INDEMNITY 31. : 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. TSUPPLIER(C),,C, B. HE SHALL DEFEND AT THE OPTION OF THE ITYINDEMNIFYAND HOLD THE ITYITS ,,, SUCCESSORSASSIGNSOFFICERSEMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL ICD,,F NDEMNIFIEDLAIMSIRECTLY ARISING OUT OFINCIDENT TOCONCERNING OR RESULTING FROM THE AULT SUPPLIER,SUPPLIER',, OF THE OR THE S AGENTSEMPLOYEES OR SUBCONTRACTORSIN THE SUPPLIER’C. N PERFORMANCE OF THE S OBLIGATIONS UNDER THE ONTRACTOTHING HEREIN SHALL BE CSUPPLIER(,, DEEMED TO LIMIT THE RIGHTS OF THE ITY OR THE INCLUDINGBUT NOT LIMITED TOTHE ). RIGHT TO SEEK CONTRIBUTIONAGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM INSURANCE 32. : 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 subcontractors commencing work on the project. RFP 5606 EXHIBIT 3 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- VII or better A.M. Best ratings of . 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. CLAIMS 33. : 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. NOTICES 34. : 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. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL 35. : All material submitted by the RFP 5606 EXHIBIT 3 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. NO WARRANTY BY CITY AGAINST INFRINGEMENTS 36. : 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. CONFIDENTIALITY 37. : 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. OWNERSHIP AND USE OF DELIVERABLES 38. : 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. C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to, RFP 5606 EXHIBIT 3 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. PUBLICATIONS 39. : 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. ADVERTISING 40. : 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. NO CONTINGENT FEES 41. : 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. GRATUITIES 42. : 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. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 43. : 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 Attachment B City. The Supplier shall complete and submit the City’s Conflict of Interest Questionnaire (). INDEPENDENT SUPPLIER 44. : 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. ASSIGNMENT-DELEGATION 45. : 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 being the intention of the parties that there are no third party beneficiaries to the Contract. RFP 5606 EXHIBIT 3 WAIVER 46. : 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. MODIFICATIONS 47. : 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. INTERPRETATION 48. : 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. DISPUTE RESOLUTION 49. : 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. JURISDICTION AND VENUE 50. : 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. INVALIDITY 51. : 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 RFP 5606 EXHIBIT 3 which is the essence of the Contract be determined to be void. HOLIDAYS: 52. 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 must be approved within the normal hours of operation by the City Manager of Denton, Texas or his authorized designee. SURVIVABILITY OF OBLIGATIONS: 53. 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. NON-SUSPENSION OR DEBARMENT CERTIFICATION: 54. 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. EQUAL OPPORTUNITY 55. Equal Employment Opportunity: A.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. Americans with Disabilities Act (ADA) Compliance: B.No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) 56. 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 (2) An end product manufactured in the United States, if the cost of its components mined, produced, or RFP 5606 EXHIBIT 3 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". RIGHT TO INFORMATION: 57.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. LICENSE FEES OR TAXES: 58.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. PREVAILING WAGE RATES: 59. 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.gpo.gov/davisbacon/tx.html COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: 60.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. FEDERAL, STATE, AND LOCAL REQUIREMENTS: 61.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. DRUG FREE WORKPLACE: 62.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. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: 63.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 performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing RFP 5606 EXHIBIT 3 of any such damage within one (1) calendar day. FORCE MAJEURE: 64.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. NON-WAIVER OF RIGHTS: 65.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. NO WAIVER OF SOVEREIGN IMMUNITY: 66.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. RECORDS RETENTION: 67.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 5606 EXHIBIT 3 EXHIBIT C CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM 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 person who has a business relationship as defined by Section 176.001(1-a) with a local 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. SeeSection 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 governmental entity. 1 2 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 th business day after the date the originally filed questionnaire becomes incomplete or later than the 7 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? 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 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. 4 Signature of person doing business with the governmental Date entity RFP 5606 EXHIBIT 3 Exhibit D RFP5606SUPPLYOFWOODUTILITYPOLES Alternate : Preferred :Unit Price EST. Product COD DC No.UOM ExtendedPrice Unit Price for RUS ANNUAL Item # Description QTY for DME M-20 DrillingDrilling 54069000 150 EA 35 FT. CLASS 3 $288.40same$43,260.00 1 54069050 100 EA 40 FT. CLASS 3 $374.80same$37,480.00 2 54069540 50 EA 40 FT. CLASS 1 $499.80same$24,990.00 3 54069515 200 EA 45 FT. CLASS 1 $608.40same$121,680.00 4 54069055 40 EA 45 FT. CLASS 3 $449.50same$17,980.00 5 54069520 125 EA 50 FT. CLASS 1 $741.00same$92,625.00 6 54069530 100 EA 55 FT. CLASS 1 $938.00same$93,800.00 7 $ 54069535 25 EA 60 FT. CLASS 1 1,124.00same$28,100.00 8 $ 54069565 15 EA 65 FT. CLASS 1 1,392.00same$20,880.00 9 $ 65 FT. CLASS N/A 1 EA 1,596.00same$1,596.00 H1 10 $ 65 FT. CLASS N/A 1 EA 1,820.00same$1,820.00 H2 11 $ 54069300 4 EA 70 FT. CLASS 1 2,188.00same$8,752.00 12 $ 70 FT. CLASS N/A 1 EA 2,437.00same$2,437.00 H1 13 $ 70 FT. CLASS N/A 1 EA H2 2,797.00same$2,797.00 14 $ 54069560 4 EA 75 FT. CLASS 1 2,684.00same$10,736.00 15 $ 75 FT. CLASS N/A 1 EA 2,941.00same$2,941.00 H1 16 $ 75 FT. CLASS N/A 1 EA 3,321.00same$3,321.00 H2 17 $ 54069400 4 EA 80 FT. CLASS 1 2,996.00same$11,984.00 18 $ 80 FT. CLASS N/A 1 EA H1 3,326.00same$3,326.00 19 $ 80 FT. CLASS N/A 1 EA 3,740.00same$3,740.00 H2 20 $ 54069450 1 EA 85 FT. CLASS 1 3,396.00same$3,396.00 21 $ 85 FT. CLASS N/A 1 EA 3,730.00same$3,730.00 H1 22 85 FT. CLASS N/A 1EA $4,280.00same$4,280.00 23 H2 $ 54069500 1 EA 90 FT. CLASS 1 4,182.00same$4,182.00 24 90 FT. CLASS N/A 1 EA $same$4,625.00 H1 25 RFP 5606 EXHIBIT 3 4,625.00 $ 90 FT. CLASS N/A 1 EA 5,291.00same$5,291.00 H2 26 27 N/A Delivery within 30 days on poles up through 50'; 45 days for __see across___ 55'-60' poles; 90 days for 65'-70' poles and DAYS A.R.O. 180 days ARO. For 75' and above poles 28 N/A Optional Adder to hand pick the strongest & $15 per pole straightest poles for shipment Pricesquotedareinclusiveoffreightcharges,F.O.B. Destination,to1701CSpencerRoad,Denton,TX76205 Payment Term Discounts Additional Payment Discount Terms % Invoice Paid in 20 days Invoice Paid in 15 days Invoice Paid in 10 days 1% RFP 5606 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0525,Version:1 AGENDA INFORMATION SHEET DEPARTMENT:Materials Management ACM:Bryan Langley AGENDA DATE:September 16, 2014 SUBJECT Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforthepurchaseby theCityofDenton,TexasofLoad,Price,Weather,WindForecastingServicesinsupportoftheEnergy MarketingOrganizationofDentonMunicipalElectricfromPatternRecognitionTechnologies,Inc.(PRT,Inc.) inanamountnot-to-exceed$171,000,andWSICorporationinanamountnot-to-exceedamountof$77,004; providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP5595-awardedtoPRT, Inc.inthethree(3)yearnot-to-exceedamountof$171,000andWSICorporationinthethree(3)yearnot-to- exceedamountof$77,004foratotalawardof$248,004).ThePublicUtilitiesBoardrecommendsapproval(5- 0). ThisRFPisforthepurchaseofsoftwarewhichisrequiredbytheEnergyManagementOrganization(EMO)of DentonMunicipalElectric.ThesoftwareisarequiredstepintheimplementationoftheEMO.Accurately forecastingDMEsloadisnecessarytosecuretherightamountofenergyatalltimesfortheCityofDenton andisespeciallyimportantduringperiodsofpotentialpricevolatility.PRTIncspriceandloadproductswill beusedtoenhancemodelsruninUPLAN,whichinturnishowstaffanalyzesfuturecongestionandmarket changesintheElectricReliabilityCouncilofTexas(ERCOT).Abnormalandunexpectedweatherchanges dramaticallyimpactpowerpriceswhichdirectlyimpactgaspricesandenergyconsumption.WithWSI Corporations(WSI)services/products,staffgainsdirectaccesstometeorologistsandtheirshort-term,long- term,seasonal,andtropicalforecastsandoutlooksenablingDMEtoanticipateandreacttopricechangesdue tofutureweathereventssuchas hotter-than-normalsummers , colder-than-normalwinters ,hurricanes,or evenseverethunderstorms.WiththeservicesprovidedbyPRTInc.andWSI,DMEwillbeabletomove quicklyinthemarketandsecureenergyusingthebestandmostup-to-dateinformationavailableinthemarket today.Servicesfrombothcompanies,PRTandWSIwillalsobeusedinconjunctionwithDMEsVentyx software when submitting schedules to ERCOT. Thetotalcontractcostforthesoftwareandthree(3)yearsoflicensingis$248,004.Theannualcontractcanbe broken down into the following items: The PRT, Inc. contract can be broken down into the following ite Year 1, cost$ 57,000 Year 2, cost$ 57,000 Year 3, cost$ 57,000 Three year total contract cost$ 171,000 City of DentonPage 1 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0525,Version:1 The WSI contract can be broken down into the following items: Year 1, cost$ 25,668 Year 2, cost$ 25,668 Year 3, cost$ 25,668 Three year total contract cost$ 77,004 RequestsforProposalsweresentto867prospectivesuppliersofthisservice.Inaddition,specificationswere placedontheMaterialsManagementwebsiteforprospectivesupplierstodownloadandadvertisedinthelocal newspaper.Staffisnotawareofanylocalvendorsthatsupplythisservice.Tworesponsive(2)proposalswere received.Proposalswereevaluatedbaseduponpublishedcriteria,includingprice,deliveryandprobable performancebythesupplier.BothsupplierswerecontactedtoprovideaBestandFinalOffer(BAFO)whichis shownonExhibit1.TheinitialofferfromPRTincludedpricingformultiplesolutions,artificiallyinflatingthe overallcost.TheirBAFOresultedinclarificationandareductionoftheiroffertobetterfittheneedsofthe City.TheBAFOfromWSICorporationdidnotresultinanychanges.Theevaluationteamdeterminedthat splitting the award between the two suppliers will provide best PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 8, 2014, the Public Utilities Board recommended app Council for consideration. RECOMMENDATION AwardthepurchaseofLoad,Price,Weather,WindForecastingServicesinsupportoftheEnergyMarketing OrganizationofDentonMunicipalElectricfromPatternRecognitionTechnologies,Inc.inthethree(3)year not-to-exceedamountof$171,000,andWSICorporationinthethree(3)yearnot-to-exceedamountof $77,004 for a for a total award of $248,004 . PRINCIPAL PLACE OF BUSINESS Pattern Recognition Technologies, Inc.WSI Corporation Plano, TXAndover, MA ESTIMATED SCHEDULE OF PROJECT This contract will be in effect for a three (3) year period thro FISCAL INFORMATION Thesoftwareandlicensingwillbefundedfromaccount600002.7879.5750A.Requisition#120847toPRT, Inc.forthefirstyearamountof$57,000hasbeenenteredinthePurchasingsoftwaresystem. Requisition#120849toWSICorporationinthefirstyearamountof$25,668hasbeenenteredinthePurchasing software system. City of DentonPage 2 of 3Printed on 9/12/2014 powered by Legistar" File #:ID 14-0525,Version:1 EXHIBITS Exhibit 1: Evaluation Ranking/Best and Final Offer Exhibit 2: Public Utilities Board Draft Minutes Exhibit 3: Ordinance Exhibit 4: PRT, Inc. Contract Exhibit 5: WSI Corporation Contract Respectfully submitted: Chuck Springer, 349-8260 Director of Finance For information concerning this acquisition, contact: Lance Cunn City of DentonPage 3 of 3Printed on 9/12/2014 powered by Legistar" EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD September 8, 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 openmeeting on Monday, September 8, 2014 at9:01a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Chairman Dick Smith OPEN MEETING: CONSENT AGENDA: 2.Consider a recommendation of an ordinance approving the City of Denton, Texas authorizing the City Manager to purchase Weather and Wind Forecasting Services from WSI Corporation, a Massachusetts based for profit corporation, for the purpose of supporting the Energy Management Organization of DME; providing for the expenditure of funds therefore; providing an effective date (File No. 5595 awarded to WSI Corporation in the amount of not-to-exceed $77,004). This software was competitively bid and WSI provided the lowest cost bid and highest product evaluation. Motion was made to approve item 2by Board Member Russell with the second by Board Member Gallivan. The vote was 5-0 approved. Adjournment 10:37a.m. EXHIBIT 2 DRAFT MINUTES PUBLIC UTILITIES BOARD September 8, 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 openmeeting on Monday, September 8, 2014 at9:01a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Phil Gallivan, Barbara Russell and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities Absent: George Campbell City Manager and Chairman Dick Smith OPEN MEETING: CONSENT AGENDA: 3.Consider a recommendation of an ordinance approving the City of Denton, Texas authorizing the City Manager to purchase Load and Price Forecasting Services from Pattern Recognition Technologies, Inc. (PRT), a Texas-based for profit corporation, for the purpose of supporting the Energy Management Organization of DME; providing for the expenditure of funds therefore; providing an effective date (File No. 5595 awarded to PRT in the amount of not- to-exceed $171,000). This software was competitively bid and PRT provided the lowest cost bid and highest product evaluation. Motion was made to approve item 3by Board Member Russell with the second by Board Member Gallivan. The vote was 5-0 approved. Adjournment 10:37a.m. EXHIBIT 3 ORDINANCE NO._____________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE BY THE CITY OF DENTON, TEXAS OF LOAD, PRICE, WEATHER, WIND FORECASTING SERVICES IN SUPPORT OF THE ENERGY MARKETING ORGANIZATION OF DENTON MUNICIPAL ELECTRIC FROM PATTERN RECOGNITION TECHNOLOGIES, INC. (PRT, INC.) IN AN AMOUNT NOT-TO-EXCEED $171,000, AND WSI CORPORATION IN THE NOT-TO-EXCEED AMOUNT OF $77,004; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5595-AWARDED TO PRT, INC. IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $171,000 AND WSI CORPORATION IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $77,004 FOR A TOTAL AWARD OF $248,004). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for load forecasting software to be used by Denton Municipal Electric 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, for 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 5595 Pattern Recognition Technologies, Inc. $171,000 5595 WSI Corporation $ 77,004 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. EXHIBIT 3 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. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 5595to 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 proposals. 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 BY:____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 4 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:SI14-0007,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT Consideradoptionofanordinanceestablishingadministrativefeesfortheremediationorabatementofpublic nuisances,includinghighweedsandgrass,trashanddebris,stagnantwater,securingofdangerousor abandonedbuildings,anddemolitionofdangerousbuildings;providingthatascheduleoffeesshallbe maintained in the office of the City Secretary; and providing fo BACKGROUND TheCommunityImprovementServicesAdministrativeFeeisappliedtoinvoicesforanycontractedwork (nuisanceabatementonly)thatthedivisionperformsonprivateproperty,i.e.removaloftallgrassandweeds, trashanddebris,anddangerousbuildings,andforsecuringvacantandabandonedstructures.Thereasonfor increasingthefeeistorecovermostofthecostoftheextrastafftimeexpendedtoremediatetheseparticular properties,i.e.officerinspections,casedocumentation,workorderissuance,contractoroversight,contractor payment,invoiceissuance,andlienfilingandrelease.ThelienfilingandreleasefeesarepaidtotheDenton County Clerks Office and were increased from $20 to $30 each in ArecentsurveyofotherTexascitiesrevealedthefollowingAdministrativeFeesforcodeenforcement abatements:Abilene($100),Waco($125),Lubbock($150),WichitaFalls($160)SanAngelo($150),Midland ($50),Garland($125),Dallas($166),Mesquite($100),Plano($200),Richardson($250),Irving($250),and Arlington ($200). ThecurrentCityofDentonCISAdministrativeFeeis$80.00.Thisfeewasestablishedbyordinancein1991 and has not been increased since that time. The requested increa RECOMMENDATION Staff recommends approval of the fee increase and ordinance. ESTIMATED SCHEDULE OF PROJECT If approved, the proposed fee will become effective on October 1 City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:SI14-0007,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheFY2014-15ProposedBudget,whichhasbeendiscussedwiththeCityCouncilonvariousdatessinceJuly 31, 2014, includes a proposal to increase this fee. FISCAL INFORMATION Theincreasewillresultindoublingrevenuelineitem5914(AdministrativeFees).InFY14-15,thefeeincome will increase from approximately $2,680 to $5,360. EXHIBITS 1. Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Lancine Bentley Community Improvement Services Manager City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit 1 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0526,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2013 SUBJECT ConsiderauthorizingtheCityManagertoexecuteanagreementandapproveagrantapplicationwithRoyal SeafoodLLC,dbaHoochiesOysterHouse,representedbySamSolomon,214E.HickoryStreet,fromthe DowntownReinvestmentGrantProgramnottoexceed$5,000;andprovidingforaneffectivedate.The Downtown Task Force recommends approval (11-0). BACKGROUND OnApril3,2007,theCityCounciladoptedtheDowntownIncentiveReimbursementGrantProgram.On January10,2012,CityCouncilapprovedsomechangestothegrantprogram.Majorchangesincluded changingthenameto DowntownReinvestmentGrantProgram, andgivingtheDowntownTaskForcethe authoritytorecommendapprovalofgrantsof$10,000andlesstotheCityManager,insteadofgoingtothe Task Force, EDPB and then Council. One of the three partners in Hoochies Oyster House is Councilma under the $10,000 benchmark for City Council approval, in the in Council authorize the City Manager to execute an agreement appro Applicants:Royal Seafood, LLC, represented by Sam Solomon TheownersofHoochiesOysterHouseappliedforaDowntownreimbursementGrantonApril30,2014.The Downtown Task Force reviewed the grant on August 14, 2014 and re RECOMMENDATION The Downtown Task Force recommends approval 11-0. The City Mana ESTIMATED SCHEDULE OF PROJECT The project is completed. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0526,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnAugust14,2014,theDowntownTaskForcereviewedthegrantapplicationandrecommendedagrantinthe amount of $5,000 for façade improvements, signs, and awnings. T FISCAL INFORMATION The total cost of the project is $165,000. A $5,000 grant repre EXHIBITS Excerpt from Downtown Task Force Minutes Grant application Agreement Respectfully submitted: Aimee Bissett Director, Economic Development Prepared by: Julie Glover Economic Development Program Administrator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Excerpt from Downtown Task Force meeting August 14, 2014 Made a recommendation to City Manager or Economic Development Partnership Board 17. regarding a request for a Downtown Reinvestment Grant Program Application grant for 214 E. Hickory (Hoochie’s Seafood). Don Lee motioned recommending the City Manager approve the request for a Downtown Reinvestment Grant for 214 E. Hickory in the amount of $5,000 for façade improvements, signs and awnings. The motion was seconded by Monte Jensen and carried unanimously (11-0). City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0527,Version:1 Agenda Information Sheet DEPARTMENT:Airport CM/ ACM:Jon Fortune Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizinganddirectingtheCityManageror hisdesigneetoexecuteonbehalfoftheCityofDentonanAirportProjectParticipationAgreementwiththe TexasDepartmentofTransportationrelatingtodesignservicesforconstructionofawestsiderunway, connectingtaxiways,andapronexpansionattheDentonEnterpriseAirport;totalcost$550,000withtheCity ofDentonportion$55,000;authorizinganddirectingtheCityManagerorhisdesigneetoexpendfundsas providedforinsaidagreementandtoexecutedocumentsonbehalfoftheCityofDentoninordertoimplement the project; and providing an effective date. The Airport Advis BACKGROUND TherequesttoacceptagrantfundingofferforawestsiderunwaywasapprovedbytheCityCouncil ResolutionR2014-025onJune16,2014.TheCouncilisnowrequestedtoconsideranAirportProject ParticipationAgreement(APPA)withTxDOTAviationforthedesignoftheproject.Itisanticipateda separateAPPAwillbepresentedforconstructionoftheprojecttotheCityCouncilbySeptember2015. TxDOT Aviation Staff will proceed with the design process if the Thedesignservicesscopeofworkwillinclude:constructingandmarkingwestsiderunway;construcingand markingconnectingtaxiwaysfromprimaryrunwaytonewrunway;expandingapronandrealigningTaxiway B;relocatinghelicopterparkingpadwithconnectingtaxiway;constructingandlightingapartialparallel taxiwayforthewestsiderunway;installationofmediumintensityrunwaylightsfortherwestsiderunway; installationofprecisionapproachpathindicatorsonwestsiderunway;installationofanewelectricalvaultfor westsiderunway;installationofguidancesigns;andrelocationoftheAutomatedSurfaceObservationSystem and install new Automated Weather Observing System at the Airpor OPTIONS Approve the APPA for design or decline the project by taking no RECOMMENDATION Airport Staff recommends approval of the APPA for the design of ESTIMATED SCHEDULE OF PROJECT The design is anticipated to be completed by mid 2015 and constr City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0527,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1.Project acceptance Resolution R2014-025 approved by City Council 2.Airport Advisory Board recommended approval 5-0 at their meeting 3.CouncilAirportCommitteediscussedattheirmeetingonSeptember9,2014anddirectedstafftomove forward. FISCAL INFORMATION TheDesignPhaseofthisprojectisbudgetedfor$550,000,withtheCityrequestedtofundtenpercent(10%)of thecostandTxDOTAviationfundingthebalance.TheCityexpenseof$55,000istobepaidfroma previously approved Airport budget line item. EXHIBITS 1.Ordinance to authorize APPA & TxDOT APPA 1518DENTN Respectfully submitted: Quentin Hix Director of Aviation City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0529,Version:1 Agenda Information Sheet DEPARTMENT:Airport CM/ ACM:Jon Fortune Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManager,orhisdesignee,toexecuteonbehalfofthe CityofDentonanairportleaseagreementbetweentheCityofDenton,Texasandvarioustenantsforthe propertylocatedat2031-2221SkylaneStreet,DentonEnterpriseAirport.TheCouncilAirportCommittee recommends approval (3-0). BACKGROUND TheTaxilaneQuebecHangardevelopmentwasproposedbystafftotheCityCouncilinNovember2013and staffwasdirectedtoproceedwithdevelopment.EachphaseofdevelopmentwillbepresentedtotheCity Councilforspecificapprovalofavendororcontractortoprovidematerialsorservicebaseduponapublic solicitation. Following are projected milestones in the develop BuildingmaterialswerecompetitivelybidwithaclosingdateofSeptember22,2014forsubmittals. Theseven(7)buildingsarespecifiedtobepre-fabricatedmetalasproducedbyErect-a-Tubeorequal. Each hangar will have an electric bi-fold door; Deliveryscheduleforthematerialsisanticipatedtobeten(10)totwelve(12)weeksfollowinga purchase order being issued. This should place delivery in Dece AnRFPforconstructionoffoundationsandassemblyofbuildingswillbeadvertisedinmid-September, with an anticipated selection date of late November 2014; Thecurrentwaitinglistforrentalofhangarspaceisnineteen(19),withten(10)prospectivetenants having selected a specific hangar at our proposed rate (Exhibit City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0529,Version:1 ThehangarleaseandratescheduleisrequiredtobeapprovedbyordinanceoftheCityCouncil according to the Citys bond attorney; TheleaseformatisproposedtoCouncilforadministrativeapprovalofeachindividualtenant.This procedurewillallowtheCityManagerorhisdesigneetosigneachleaseusingtheCouncilapproved rate schedule. TheCityofDentonDrainageDivisionhasgoneabove-and-beyondatypicalserviceordertohelpestablishthe finishedgradeforrampandhangarbuildingsitesforthisproject.Theirworkshouldbecompletedbymid- SeptemberandtheconcreterampareashouldbefinishedshortlythereafterbyFloydSmithConcreteunder their annual contract with the City. Inordertofacilitateleasingofthetwenty-seven(27)hangarspacesbeingconstructed,staffhasproposed authorizationfortheCityCounciltoallowtheCityManagerorhisdesigneetosigneachannualleaseunder termsandaleaserateapprovedbytheCityCouncil.Thisactionistoapprovetheleaseformatandaspecific rate schedule which is identified in the proposed ordinance. RECOMMENDATION CityStaffandtheAirportAdvisoryBoardrecommendedapprovaloftheleasetermsandratescheduletothe CouncilAirportCommittee.TheCouncilAirportCommitteehasrecommendedapprovaloftheordinance establishing the leasing procedure and rate schedule. ESTIMATED SCHEDULE OF PROJECT The first hangars are anticipated to be available for occupancy PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 19, 2013 - City Council directed staff to proceed with Quebec Hangar Project; July 15, 2014 - City Council approved construction of t and provide access to Taxilane Quebec; September 3, 2014 - Council Airport Committee recommended approv procedure, terms and rates. FISCAL INFORMATION Thefullyleasedhangarspaceisanticipatedtogenerate$174,934ofannualrevenue,withadebtservice expenseof$127,000.TheinitialoperatingmarginfortheAirportis$47,934annually,andthedebtretiresin twenty (20) years at which time the projected annual operating r Respectfully submitted: Quentin Hix Director of Aviation City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" NON-COMMERCIAL USE HANGAR LEASE AGREEMENT THIS AGREEMENT is entered into this __________day of ________________________ , 20_____ ,between the City of Denton, Texas, a Texas home-rulemunicipal corporation (“City”), and _______________________________(“Tenant“),WHEREAS: A.TheCity owns certain hangars available for lease to private or public ownersof aircraft located at the Denton Enterprise Airport(“Airport”). B.The City is willing to lease one of the hangars to Tenant pursuant to this Agreement. NOW, in consideration of the matters set forth above (which areincorporated herein by reference), the exchange of the mutual promises set forth below, and othergood and valuable consideration, the parties agree as follows: Leased Premises.The City leases to Tenant, Hangar Number_______ (the 1. “Premises” or the “Hangar”) located on the Airport, as shown inExhibit “A.” 2.Term of Lease. The term of this Agreement shall commence on ____________________ , 201_____ , andshall continue in effect for twelve (12) monthsunless unless earlier terminated under the provisions of this Agreement. Tenant may terminate this Agreement without cause by giving City at least a thirty-day (30) written notice prior to termination. At least 30 days prior to the termination date of this Agreement, Cityshall notify Tenantof any rent increase required for the renewal of this Agreementand Tenantshall have the option to renew the termfor another one year period. In the event Tenantremains in possession of the Premises after the Lease Term, without the execution of a new agreement, Tenantshall be considered to be occupying the Premises as a tenant from Month to Month, subject to allof the same conditions, provisions and obligations of this Agreement. The rent amount due Cityby Tenantduring said Month to Month tenancy shall be 120% of the amount that was last in effect immediately prior to the time said Month to Month tenancy became effective. Under said Month to Month tenancy either Tenant or Citymay terminate this Agreement effective on the last day of any month, providing one serves the other written notice of intent to terminate at least 30 days in advance of the termination date. 3.Rent. 3.1.The monthly rent shall be $____________ per monthdue in advance on the 1st day of each month commencing ____________________ , 201_____ .Rent shall be paid in person or mailed to the City of Denton, c/o Denton Enterprise Airport, 5000 Airport Road, Denton, Texas 76092, or made inany other manner as City may from time to time reasonably direct. __________________________________________________________________________________ Page 1of 13–Non-CommercialUseHangar Lease Agreement 3.2.If Tenant fails to pay any installment of rent within 10days of its duedate, Tenant shall pay, along with the rent payment, a late charge of twenty-fivedollars ($25.00). Use of Premises. 4. 4.1. The aircraft to be hangared in the premises is described as follows: Aircraft Make:________________________________________ Aircraft Model:________________________________________ Aircraft Year:________________________________________ Serial No.:________________________________________ Registered Owner:________________________________________ N-number:________________________________________ 4.2.The premises to be used onlyfor the storage of airworthy aircraft owned or leased byTenant, and other aviation-related items.For the purposes of this agreement, an airworthy aircraft is defined as one that has successfully completed an annual inspection by a properly certified aircraft inspector according to the aircraft’s logbook(s) within the preceding 12 month period. 4.3.Tenant may use a small refrigerator in the premises if the wiring capacity of the premises permits such usage. 4.4.Tenant shall not use the premises for any commercial activity. Storage of aircraft used by Tenant in connection with its customary non-aviation business shall notbe considered to be a commercial activity. Under no circumstances will the saleof goods or services be operated out of the hangar. 4.5.Aircraft may not be inoperable or under repair for a period in excess of 120 consecutive days unless such condition is caused by circumstances beyondTenant’s control (e.g., inability to obtain parts). 4.6.If Tenant changes the aircraft to be stored in the hangar, Tenant, shall, within 10 days thereafter, report the information listed in 4.1 of the new aircraft inwriting to the Airport Director at the address shown on this Lease. __________________________________________________________________________________ Page 2of 13–Non-CommercialUseHangar Lease Agreement 4.7.Tenant agrees to and shall comply with all applicable ordinances, rules, and regulations established by the federalgovernment, Stateof Texas, or City. Tenant further expressly represents, covenants, warrants, guarantees, andagrees that it shall fully comply with all Federal, State and Citylaws, ordinances,rules, and regulations protecting the environment. Tenant hereby expresslyagrees to indemnify and hold City harmless from, and against any and all liabilityfor fines and physical damage to property or injury or deaths to persons,including reasonable expense and attorney’s fees, arising from or resulting out of,or in any way caused by, Tenant’s violation of any applicable Federal, State, andlocal laws, ordinances, regulations, rulings, orders and standards, now orhereafter, promulgated for the purpose of protecting the environment. Tenantagrees to cooperate with any investigation or inquiry by any governmentalagency regarding possible violation of any environmental law or regulation. 4.8.No explosives or combustible materials will be permitted within or about the hangar except for fuel in aircraft tanks or small containers of lubricants, cleaningmaterials, and other aviation-related materials stored in EPA or local FireMarshall approved containers or cabinets. 4.9.No refueling of the aircraft is allowed while any part of the aircraft remains inside the hangar. 4.10.Upon a sale or casualty to a Tenant’s aircraft, Tenant shall replace the aircraft within 180 days. In the event that Tenant is unable to do so based uponextenuating circumstances beyond Tenant’s control, Tenant may request City toextend this time period, which extension may be granted by City in its solediscretion. 4.11.Tenant shall not operate any motor vehicle on the Airport apron, runway system, or taxiway system at any time, except that the loading or unloading of aircrafton the FBO apron is permitted. The exclusive means of access to the premiseswill be through the SkylaneDrive. 4.12.Unless Tenant is in its hangar, Tenant shall park any vehicle belonging to Tenant, or itsguests or licensees in the public parking area outside of the fence, or, whenTenant’s aircraft is not in the hangar, in the hangar. 4.13.Tenant shall not allow its aircraft engine to be run inside a hangar. Miscellaneous. 5. 5.1.The City reserves the right to deny access to the Airport and its facilities to any person, firm, or corporation that fails or refuses to obey and comply with therules and regulations contained herein. __________________________________________________________________________________ Page 3of 13–Non-CommercialUseHangar Lease Agreement 5.2.The City shall maintain the hangar lock. One key will be maintained by Tenant. The master key will be maintained by the Airport Director or its authorizedrepresentative. The master key will only be used in case of an emergency or forinspections. Under no circumstances will Tenant replace the lock provided byCity. 5.3.The City reserves the right at all times to enter the hangar for security, fire, and other lawful purposes (including inspections reasonably appropriate to ensurecompliance with the provisions of this Lease). All routine inspections shall bedone during normal business hours and in conformity with City’s Airport policies(including those requiring two employees to be present during inspections). TheCity shall leave a notice on the premises following inspections indicating thetime and date of the inspection, who was present, and the purpose of the inspection; provided, however, no notice shall be required if: (a) the inspectionwas a law enforcement purpose; or (b) the City had previously mailed a notice toTenant, at least a week prior to the inspection, advising Tenant of the week inwhich the inspection would occur and the purpose of the inspection. 6.Aircraft Maintenance and Repairs/Chemicals. The following provisions govern maintenance andrepair of aircraft stored in the hangar. 6.1.Repairs of aircraft shall be governed by, and performed in compliance with, Part 43 of the Federal Aviation Administration Regulations (14 C.F.R. Part 43).Terms defined in Part 43 shall have the same meaning in this paragraph. 6.2.Painting, other than minor touch-up painting of aircraft by Tenant, is prohibited in the hangar. 6.3.No maintenance or repairs, other than preventive maintenance, may be performedinside of a hangar. 6.4.Tenant shall be permitted to perform only preventive maintenance on its aircraft. 6.5.The provisions of subparagraphs 6.3 through 6.5shall not apply to experimental aircraft construction and maintenance to the extent they are exempt from theprovisions of 43 of the Federal Aviation Administration Regulations, but suchactivities shall be subject to applicable Federal Aviation AdministrationRegulations (e.g. 14 C.F.R. §65.104). 6.6.Tenantagrees to properly store, collect and dispose of all chemicals and chemical residues, and petroleum products and residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all local, state, and federal regulations governing the storage, handling or disposal of such chemicals, petroleum products and paints. Tenantshall cover any and all costs for clean-up of __________________________________________________________________________________ Page 4of 13–Non-CommercialUseHangar Lease Agreement any hazmat spill on the Premises, or any part of the Denton Enterprise Airport, if the spill was caused by the negligence or willful misconduct of the Tenant, its agents, employees, or guests. 7.Maintenance of Premises. 7.1.City shall maintain the structural integrity of the hanger, including doors, andwill provide Tenant with access to water, electricity and normal buildingmaintenance. 7.2.The Tenant shall maintain the interior of the hangar in a neat and orderly condition, and shall keep the hangar floor clean and clear of excess oil, grease, ortoxic chemicals. 7.3.The Tenant shall make no structural, electrical, or any other modifications or alterations to the premises, or remove any structures, wiring, plumbing or otherfacilities, without first submitting to City the plans and specifications for theproposed modifications and obtaining a written approval from City (whichapproval may be subject to reasonable conditions imposed by City) and withoutfirst obtaining all applicable permits from governments with jurisdiction over theactivities. All fixtures, alterations, changes and improvements built, constructedor placed on the premises by Tenant shall, at City’s option, become the propertyof City and remain on the premises at the expiration or earlier termination of thisLease, or City may require Tenant to restore the premises, in whole or in part, toits condition prior to such fixtures, alterations, changes or improvements. 7.4.The Tenant shall be responsible for all damages to the premises caused by Tenantor arising from Tenant’s use of the premises, except those caused by “acts ofGod,” or those arising from normal wear and tear or from deliberate or negligentacts of City or its employees. If Tenant does not promptly repair any damages forwhich it is responsible hereunder after notification by City, City may, but shallnot be obligated to, make repairs at Tenant’s expense which shall become dueand payable as part of Tenant’s rent on the next monthly billing cycle. 8.Indemnity and Insurance. 8.1.Tenant shall indemnify City and its elected officials, employees and volunteers against, and hold City and its elected officials, employees and volunteersharmless from, all damages, claims, losses, costs, and expenses, includingattorneys’ fees, which City or its elected officials, employees or volunteers maysustain, or which may be asserted against City or its elected officials, employeesor volunteers, arising out of the activities of Tenant, its agents, employees,contractors or invitees on the premises including, without limitation, harm or personal injury to third persons during the term of this Agreement, except thosecaused by the deliberate or negligent act or failureto act of City or its agents orrepresentatives. __________________________________________________________________________________ Page 5of 13–Non-CommercialUseHangar Lease Agreement 8.2.The City may maintain fire and casualty insurance on the premises for its benefit but such insurance shall not cover any property of Tenant and all proceedspayable thereunder shall be the sole property of City.If the premises aredamaged by any casualty not the result of the negligent or deliberate acts ofTenants, its licensees, invitees, and guests, City may terminate this lease or may,at its option, repair the damage. If City elects to repair, rent shall be abated untilrepairs are completed. 8.3Tenant shall, at its sole cost and expense, procure and maintain in effect at all times during the term of this Agreementinsurance coverage with limits not less than those set forth withinsurers and under forms of policies satisfactory to the Airport Manager, acceptance of which shallnot unreasonably be withheld. The Airport Managerreserves the right to require complete copies of suchinsurance policies for the purpose of determining acceptability. Tenant shall furnish City with copies of policies or certificates from insurance carrier(s) showing all insurance required hereunder to bein full force and effect during the entire term of this Agreement. Certificates shall show by separate endorsementand policies shall contain the provision that written notice of cancellation or of any material change incoverage under said policies shall be delivered to the Airport Managerthirty (30) days in advance of theeffective date thereof; provided,however, Tenantshall be responsible for such notification to Citywhether or not the insurer complies. Tenantshall maintain all insurance hereunder with insuranceunderwriters authorized to do business in the State of Texassatisfactoryto the Airport Manager. Tenantis required to provide and maintain the following insurance:Aircraft Liability Insurance and/or Excess Coverage, Bodily Injury and Property Damage, with aminimum limit of $1,000,000.00 single limit each occurrence and $100,000 per passenger, whichshall include,but not be limited to,the aircraft physical damage, premises and operations, and contractual, including coverage for assumption of liability set forth in this Lease. All policies (primary and excess) and Certificates of Insurance shall be provided by the named insured to the Cityevidencingproper limits of coverage as set forthabove. All policies shall be primary coverage for all claims and lossesarising from the use, occupancy and operation of the Premises and the Airport. All policies shallname, and Certificates shall show by separate endorsement that policies name, the City, its Council members,agents and employees as Additional Insured; provided, however, any other insurance available to City shall be excess and shall not contribute with this insurance. Cityhas and reserves for allpurposes of this Agreement the right to revise the insurance requirements set forth herein as to amounts, limitations and types of coverage, and Tenantagrees to comply with such revised requirements uponnotice from City. Cityshall have the right to determine its own legal counsel in all matters underthis Agreement. 8.4.Tenant shall at its sole cost repair any damage to the premises resulting from negligent or deliberate acts of Tenant, its licensees, invitees, and guests. 8.5.City shall not be responsible for any damage to any property of Tenant (including, without limitation, aircraft) or of others located on the premises, norfor the loss of __________________________________________________________________________________ Page 6of 13–Non-CommercialUseHangar Lease Agreement or damage to any property of Tenant or of others by theft orotherwise. City shall not be liable for any injury or damage to persons or propertyresulting from fire, smoke, explosion, falling plaster, steam, gas, electricity,water, rain, or leaks from any part of the premises or from the pipes, appliancesor plumbing works or from the roof, street or subsurface or from any other placeof by dampness or by any other cause of whatsoever nature. City shall not beliable for any latent defect in the premises or in the building of which they form apart. All property of Tenant kept or stored on the premises shall be so kept orstored at the risk of Tenant only and Tenant shall hold City harmless from anyand all claims arising out of damage to same, including subrogation claims byTenant’s insurance carriers, except those caused by the deliberate or negligent actor failure to act of City or its agents or representatives. 9.CONDITION OF PREMISES; NO WARRANTIES. 9.1.City represents and warrants that the premises comply with applicable building and fire codes in effect at the time of the premises’ construction, and that anychanges in such codes since such time do not require additional improvements tothe premises (except upon a rebuilding or renovation thereof). 9.2.EXCEPT AS SET FORTH IN THE PRECEDING SUBPARAGRAPH; 9.2.1.TENANT ACKNOWLEDGES THAT BY ENTERING INTOPOSSESSION OF THE PREMISES, IT SHALL BE DEEMED: TOHAVE INSPECTED THE PREMISES; AND TO HAVE ACCEPTED THE PREMISES “AS IS,” “WITH ALL FAULTS” OF ANY NATUREWHATSOEVER; AND 9.2.2.TENANT ACKNOWLEDGES THAT NEITHER CITY NOR ANYAGENT OF CITY HAS MADE ANY WARRANTY ORREPRESENTATION, OF ANY NATURE WHATSOEVER, EXPRESSOR IMPLIED, CONCERNING THE PREMISES, INCLUDING,WITHOUT LIMITATION, SOIL CONDITIONS, ENVIRONMENTALCONDITIONS, BUILDING CONSTRUCTION OR SUITABILITY OFTHE PREMISES FOR TENANT’S PURPOSES. Default.Tenant shall be deemed to be in default under this lease in the event 10. that: 10.1.Tenant fails to pay any rent as and when due hereunder and fails to cure such default within 5 business days of written notice from City of such failure; 10.2.Tenant violates, or fails to comply with, any other provision of this lease, and fails to cure such default within 5 days of written notice from City of suchviolation or failure. Notwithstanding the foregoing, if Tenant has previouslyviolated a term, condition, or covenant of this Lease, and is provided withnotice of and an opportunity to cure such violation, any subsequent violationof the same term, condition, or covenant shall constitute an Event of Defaultwithout further notice or opportunity to cure; or __________________________________________________________________________________ Page 7of 13–Non-CommercialUseHangar Lease Agreement 10.3.Tenant uses the premises for any illegal purpose or in connection with any illegal activity. Remedies.If any default occurs (including the expiration of any opportunity to 11. cure),City shall have the right, at the option of City, to pursue all remedies available at law or equity, including the termination of this Agreement and all rights of Tenant hereunder. Notwithstanding City’s termination of the Agreement, Tenant shall remain liable to Cityfor all claims for damages, costs or attorneys’ fees arising prior to such termination. 12.Notices. 12.1.All notices, requests, consents and other communications required or permitted under this agreement shall be in writing (including faxed communication) andshall be (as elected by the person giving such notice) hand delivered bymessenger or courier service, faxed, or mailed by Registered or Certified Mail(postage pre-paid), Return Receipt Requested, addressed as follows or to suchother addresses as any party may designate by notice complying with the termsof this paragraph: 12.1.1.If to Tenant: At the address or fax number underneath Tenant’s signatureline. 12.1.2.If to City: City of Denton, Denton EnterpriseAirport, 5000 Airport Road, Denton, Texas 76092, fax: (940) 349-7289. 12.2.Each such notice shall be deemed delivered: 12.2.1. On the date delivered if by personal delivery; 12.2.2. On the date faxed if by fax; and 12.2.3. If the notice is mailed, on the earlier of: (a) the date upon which theReturn Receipt is signed; (b) the date upon which delivery is refused; (c)the date upon which notice is designated by the postal authorities as notdelivered; or (d) the thirdbusiness day after mailing. 12.3.If a notice is delivered by multiple means, the notice shall be deemed delivered upon the earliest date determined in accordance with the preceding subparagraph. 13.Attorneys’ Fees. If any civil action, arbitration or other legal proceeding is brought forthe enforcement of this Agreement, or because of an alleged dispute, breach, default ormisrepresentation in connection with any provision of this Agreement, the successful orprevailing party shall be entitled to recover reasonable attorneys’ fees, sales and usetaxes, and court costs (including, without limitation, all such fees, taxes, costs andexpenses incident __________________________________________________________________________________ Page 8of 13–Non-CommercialUseHangar Lease Agreement to arbitration, appellate, bankruptcy and post-judgment proceedings),incurred in that civil action, arbitration or legal proceeding, in addition to any other reliefto which such party or parties may be entitled. Attorneys’ fees shall include, withoutlimitation, paralegal fees, investigative fees, administrative costs, sales and use taxes andall other charges billed by the attorney to the prevailing party. JURY WAIVER. IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING, 14. WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, ORRELATES TO THIS AGREEMENT, ANY AND ALL TRANSACTIONS CONTEMPLATEDHEREUNDER, THE PERFORMANCE HEREOF, OR THE RELATIONSHIPCREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY,OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENTJURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLYWAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY. NEITHER PARTYHAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANYOTHER PARTY REGARDING THE ENFORCEABILITY OF THIS PROVISION.EACH PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS JURYWAIVER PROVISION. 15.Landlord’s Lien.Cityshall have at all times a lien for all rentals and all other sums of money becoming due hereunder from Tenantupon all aircraft, goods, wares, equipment and other personal property situated on the leased premises and such property shall not be removed there from without the consent of Cityuntil all arrearage in rent and other sums of money then due to Cityshallfirst have been paid. Upon the occurrence of an event of default by Tenant, Citymay, in addition to any other remedy provided herein or by law, enter upon the leased premises and take possession of the aircraft or any and all goods, wares, equipment and other personal property situated therein without liability for trespass or conversion, sell the same upon 5days written notice to Tenant(said period of time being herein agreed to be reasonable) at public or private sale, with or without having such property at the sale, at which Cityor its assign may purchase, and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale of the property and a credit against any sums due by Tenantto City. Any surplus shall bepaid to Tenantand Tenantagrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner provided by law for foreclosure of security interest of in any other form provided by law. The statutory lien for rentis not hereby waived, the expressed contractual lien herein granted being in addition thereto. Subordination of Agreement. This agreement shall be subordinate to the 16. provisions of any existing or future agreement between the Cityand the State of Texas or the United States relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of state or federal funds for the development of the airport. __________________________________________________________________________________ Page 9of 13–Non-CommercialUseHangar Lease Agreement 17.Assignment/Subletting.Tenant shall not assign this Agreement, or sublet the premises, in whole orpart, without the prior written consent of City which may be withheld by City in its solediscretion. The parking of aircraft not owned or leased by Tenant shall be deemed aprohibited assignment or sublease. Reference to Parties. Each reference herein to the parties shall be deemed to 18. includetheir successors, permitted assigns, heirs, administrators, and legal representatives, all whom shall be bound by the provisions hereof. 19.Waiver.The failure or delay of any party at any time to require performance by anotherparty of any provision of this Agreement, even if known, shall not affect the right of suchparty to require performance of that provision or toexercise any right, power or remedy hereunder. Any waiver by any party of any breach of any provision of this Agreementshould not be construed as a waiver of any continuing or succeeding breach of suchprovision, a waiver of the provision itself, or a waiver of any right, power or remedyunder this Agreement. No notice to or demand on any party in any circumstance shall, ofitself, entitle such party to any other or further notice or demand in similar or othercircumstances. 20.Governing Law. This Agreement is and shall be deemed to be a contract entered intoand made pursuant to the laws of the State of Texasand shall in all respects begoverned, construed, applied and enforced in accordance with the laws of the State ofTexas. 21.Jurisdiction and Venue. The parties acknowledge that a majority of the negotiations,anticipated performance and execution of this Agreement occurred or shall occur inDenton County, Texas. Any civil action or legal proceeding arising out of or relating tothis Agreement shall be brought only in the courts of record of the State of Florida inDenton County or the United States District Court, Eastern District of Texas, ShermanDivision. Each party consents to the exclusive jurisdiction of such court in any such civilaction or legal proceeding and waives any objection to the laying of venue of any suchcivil action or legal proceeding in such court or the right to bring an action or proceedingin any other court. Service of any court paper may be effected on such party by mail, asprovided in this Agreement, or in such other manner as may be provided under applicablelaws, rules of procedures or local rules. Rights of Third Parties. Nothing in this Agreement, whether express or implied, 22. isintended to confer any rights orremedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successorsand permitted assigns. Nothing in this Agreement is intended to relieve or discharge theobligation or liability of any third persons to any party to this Agreement, nor shall anyprovision give any third persons any right of subrogation or action over or against anyparty to this Agreement. __________________________________________________________________________________ Page 10of 13–Non-CommercialUseHangar Lease Agreement 23.Severability of Illegal Provisions. Wherever possible, each provision of this Agreementshall be interpreted in such a manner as to be effective and valid under the applicablelaw. Should any portion of this Agreement be declared invalid for any reason, such declaration shall have no effect upon the remaining portions of this Agreement. Section Headings. The section headings herein are included for convenience only 24. andshall not be deemed to be a part of this Agreement. 25.Amendment.No amendment to this Agreement shall be effective except those agreed toinwriting and signed by both of the parties to this Agreement. 26.Entire Agreement. This Agreement, including exhibits, (if any) constitutes the entireAgreement between the parties hereto with respect to the subject matter hereof. There areno other representations, warranties, promises, agreements or understandings, oral, written or implied, among the Parties, except to the extent reference is made thereto inthis Agreement. No course of prior dealings between the parties and no usage of tradeshall be relevant or admissible to supplement, explain, or vary any of the terms of thisagreement. Acceptance of, or acquiescence in, a course of performance rendered underthis or any prior agreement shall not be relevant or admissible to determine the meaningof this Agreement even though the accepting or acquiescing party has knowledge of thenature of the performance and opportunity to make objection. No representations,understandings, or agreements have been made or relied upon in the making of thisAgreement other than those specifically set forth herein. THEREFORE, the parties have executed this Agreement on the date set forth above. City of Denton, Texas ____________________________________ APPROVED AS TO FORM AND LEGALITY: ANITA BURGESS, CITY ATTORNEY ____________________________________ Tenant __________________________________________________________________________________ Page 11of 13–Non-CommercialUseHangar Lease Agreement ____________________________________ (Sign here) ____________________________________ ____________________________________ ____________________________________ ____________________________________ Printed Name (If Tenant is a corporate or otherentity, print name of entity, name of personsigning, and title of person signing) Mailing Address: _____________________________________ _____________________________________ _____________________________________ Phone:_______________________________ Cell: __________________________________ Fax: __________________________________ E-Mail: _______________________________ __________________________________________________________________________________ Page 12of 13–Non-CommercialUseHangar Lease Agreement Exhibit “A” __________________________________________________________________________________ Page 13of 13–Non-CommercialUseHangar Lease Agreement Exhibit 2b Taxilane Quebec Hangar Rental May 2014 2031 Skylane Units A-C ……………………………….. $475 per month 2041 SkylaneUnits A-B ………………………………… $550per month 2051 SkylaneUnits C and E ………………………….. $375 per month 2061 SkylaneUnit D …………………………………….. $325 per month 2221 Skylane 2231 SkylaneUnits A-C ………………………………... $475 per month 2241 Skylane 2251 Skylane is a tenant/guest restroom and picnic pavilion with controlled gate access; Each unit has an electric bi-fold door, LED lighting, and floor to ceiling walls; Lease term is up to one year with 30-day notice from either tenant or landlord to terminate leaseat year-end; Annual renewal is automaticand landlord will provide a 30-day notice prior to end of lease if the lease rate is to be adjusted; Lease requires first and last month rent paid in advance, with rent due on the first of each month (first month lease payment pro-ratedat beginning of lease). For additional information, contact: Denton Enterprise Airport 5000 Airport Road Denton, Texas 76207 940-349-7736 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0533,Version:1 Agenda Information Sheet DEPARTMENT:Denton Municipal Electric (DME) ACM:Howard Martin, 349-8232 Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManager,orhisdesignee,onbehalfoftheCityof Denton,Texas,toexecuteOptionstoPurchaserealpropertygenerallylocatedinthe100blockofN.Bonnie BraeSt.,2500blockofW.HickorySt.,and2300blockofW.OakSt.,Denton,DentonCounty,Texas,forthe publicuseofexpansion,construction,maintenance,operation,andimprovementofelectrictransmissionand distributionlines,facilities,andstructures,includingsubstations;authorizingtheexpenditureoffunds;and providing an effective date. BACKGROUND TheDMECapitalImprovementPlanincludesthereconstructionoftheHickorySubstation.ThePublic UtilitiesBoardpreviouslyrecommendedthepurchaseofthesiteearlierthisyearforalesseramount.Seller madeacounterofferthatwasgenerallyacceptablebythePUBandeventuallyrecommendedbythePUB,but withconcernsthattwokeyadjacentlotsalsoownedbySellerwerenotincludedtherebynecessitatingfuture transactions. ThatcounterofferwaseventuallyrejectedbytheCityCouncilonJuly15,2014withconcernsthatthepublic involvementprocesswasnotyetcomplete.CityCouncilinputanddirectiontostaffsuggestedthatsecuringan option from seller, while the public involvement process was pen OPTIONS 1.Approvaloftheseller(s)contractofferandrecommendtotheCityCouncilthatitapproveandadoptan ordinance authorizing the purchase. 2.Do not recommend approval. RECOMMENDATION DME recommends approval of the Sellers option offers. ESTIMATED SCHEDULE OF PROJECT Q3 2018 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0533,Version:1 2/10/2014 PUB recommended offers be made to sellers. 2/11/2014 CC approved offers be made to sellers. 7/14/2014 PUB recommended Sellers counteroffers be accepted (vo Sellers key adjacent property was included). 7/15/2014 CC rejected Sellers counteroffers but with recommenda 7/15/2014 CC rejected Sellers counteroffers but with recommenda 8/08/2014 PUB recommended that Council approve Sellers countero purchase. FISCAL INFORMATION The costs for the proposed purchase will be funded out of amount proposed will be in the transmission category. These costs for recovered through the Public Utility Commission transmission cos BID INFORMATION N/A EXHIBITS 1.Ordinance and Option Contracts Respectfully submitted: Phil Williams General Manager, DME Prepared by: Smith L. Day Compliance Manager, DME City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0534,Version:1 Agenda Information Sheet DEPARTMENT:Denton Municipal Electric (DME) ACM:Howard Martin, 349-8232 DATE:September 16, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagerorhisdesigneetoexpendfundstoreimburse TexasMunicipalPowerAgency( TMPA )forcostsTMPAhasalreadyincurredrelatedtotheARCO SubstationreconstructionprojectnowassignedtotheCity.Thetotalamountofreimbursementisnottoexceed $1,020,000. BACKGROUND TheexistingArcoSubstationisaTMPAtransmissionfacility.Oncorisintheprocessofconstructingasecond 138kVtransmissionlineintothestationfromtheeast.Thestationconfigurationdoesnothavetheabilitytobe reconfiguredandthesitedoesnothavethespacetobeexpandedtoacceptthenewtransmissionline.The stationbusandequipmentarenotofadequatecapacitytomeettheprojectedneedsofthefuture.Theonly solutionistoreconstructthestationonanadjacentsite.TMPAinitiateddesignofthenewstation,procurement of a site immediately north of the existing station, and purchas SubsequenttoTMPAsstartoftheproject,adecisionwasmadethatDentonMunicipalElectric( DME )take overtheprojectandacquirethesite,completetheengineeringandconstruction,andownthenewstation. BecauseofthepossibilitythattheprojectwouldtransitiontoDMEownership,aprojectforreconstructionof theArcoSubstationwasincludedinDMEsCIPforthecurrentyear.SinceDMEwillownthenewstation,it isappropriatethatDMEreimburseTMPAfortheexpendituresmadeontheprojectandtakepossessionofthe circuit breakers purchased. The circuit breakers are new and al ThisreimbursementisstrictlyforTMPAscost,andTMPAismakingnofinancialgainfromthis reimbursement. OPTIONS 1.Adopt an ordinance authorizing reimbursement of TMPA. 2.Do not adopt an ordinance authorizing reimbursement of TMPA. RECOMMENDATION DME staff recommends the approval of the reimbursement to TMPA ESTIMATED SCHEDULE OF PROJECT January, 2016 City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0534,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB review on 8-SEP-14 FISCAL INFORMATION Thecostsforthisprojectwillbefundedoutofamountsbudgetedforspecificprojects.Theworkproposedwill beinthetransmissioncategory.Thesecostsfortransmissionprojectswillultimatelyberecoveredthroughthe PublicUtilityCommissiontransmissioncostofserviceprogram(TCOS).TheapprovedCIPprojectwillbe funded with bond funds from project account 603268500. BID INFORMATION N/A EXHIBITS 1.Ordinance, 2.TMPA invoices and backup for charges Respectfully submitted: Phil Williams General Manager of Electric Utilities Denton Municipal Electric Prepared by: Smith Day Compliance Manager, DME City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 1 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0541,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:Bryan Langley, Assistant City Manager Date:September 16, 2014 SUBJECT ConsiderapprovalofaresolutionadoptingarevisedCityofDentonHandbookforBoards,Commissions,and Council Committees; and declaring an effective date. BACKGROUND OnNovember17,2009CouncilapprovedaresolutionestablishingtheHandbookforBoards,Commissionsand CouncilCommittees.ThepurposeoftheHandbookistoconsolidatebasicinformationregardingboards, commissions,andcouncilcommitteesintooneeasyandconvenientmanualthatwillbeprovidedtocurrent appointeesandusedasatrainingtoolforfutureappointees.RevisionstotheHandbookwereapprovedon September 10, 2013 as the result of several changes/additions to The following revisions are requested to be approved by Council: Add the Tax Increment Reinvestment Zone Number Two Add the Tax Increment Reinvestment Zone Number Three Amend the Economic Development Partnership Board Ex-Officio memb Add a section regarding the Council Ad Hoc Committees RECOMMENDATION: StaffrecommendsapprovaloftheresolutionadoptingtherevisedHandbook.Onceapproved,thehandbooks will be printed and supplied to Council and all board, commissio Respectfully submitted: Jennifer Walters City Secretary Attachments: Resolution Revised Handbook for Boards, Commission and Council Committees City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0542,Version:1 Agenda Information Sheet DEPARTMENT:Parks and Recreation Department CM/ ACM:John C. Cabrales, Jr. DATE:September 16, 2014 SUBJECT Consider a request for an exception to the Noise Ordinance for t sponsored by the Walnut off the Square Committee. Live music wil Street, on Friday, October 3, 2014, from 5 p.m. to midnight. An sound levels from 70 to 75 decibels, and for an extension of hou approval. BACKGROUND TheOktoberfestonWalnutwillhavelivemusic,saleofalcoholicbeverages,food,andotheractivitiesforthe attendees to enjoy. The event will benefit the Kiwanis Children Theeventwillbeheldinthestreetonthe100blockofWalnutStreet,betweenElmandLocuststreets,whichis City property. Event organizers expect approximately 1,000 attendees. PRIOR ACTION/REVIEW Previously,theCityCouncilhasapprovedrequestsforexceptionstothenoiseordinancetobeincreasedfrom 70 to 75 decibels and an extension of hours for amplified sound EXHIBITS Letter of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0542,Version:1 City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" Exhibit 1 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0543,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT Consider approval of a resolution allowing DI2-Denton I, LLC, db dba Abbey Inn and Denton Sweetwater Grill to be allowed to sell Walnut, October 3, 2014, from 5 pm until midnight, upon certain his designee to execute an agreement in conformity with this res Staff recommends approval. BACKGROUND OktoberfestonWalnutisanoutdoorconcertthatwillbeheldonCityWalnutStreet,betweenLocustandElm StreetsonOctober3,from5pmuntilmidnight.PeteKamp,festivalorganizer,submittedarequest(Exhibit1) tosellalcoholicbeveragesduringthefestivalthatwillbeprovidedbyDI2-DentonI,LLC,dbaLoneStar Attitude Burgers, WABL, LLC, dba Abbey Inn and Denton Sweetwater Thestreetwillbeclosedforlivemusic,thesaleofalcoholandvendorbooths.Thisisafreeeventand organizers expect approximately 1,000 people to attend. TherestaurantsborderingWalnutStreetwillservealcoholattheevent:TheAbbeyInn,LoneStarAttitude Burgers and Sweetwater Grill and Tavern. RECOMMENDATION Staff recommends approval of the resolution and agreement as sub for other events serving alcoholic beverages. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council allowed the sale and consumption of alcohol on Waln Street event which was approved at the February 18, 2014 Council FISCAL INFORMATION None EXHIBITS City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0543,Version:1 1.Letter of Request 2.Resolution 3.Agreements Respectfully submitted: Aimee Bissett Economic Development Director Prepared by: Julie Glover Economic Development Program Administrator City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0551,Version:1 Agenda Information Sheet DEPARTMENT:City Managers Office CM/ ACM:Bryan Langley Date:September 16, 2014 SUBJECT ConsiderapprovalofaresolutionapprovingtheCityofDentonsStrategicPlanandKeyPerformance Indicators for FY 2014-15; and providing for an effective date. BACKGROUND InApril2011,theCityCouncilapprovedthefirstcity-widestrategicplanfortheCityofDenton.Thestrategic planwasaproductoftheinputgeneratedfromthe2008/2009CitizenSurvey,twoCityCouncilPlanning Sessions, two Leadership Retreats, and a special appointed Strat Followingthiseffort,staffcreatedaStrategicPlanPerformanceReport.Thisreportwasfirstpublishedin March2012,anditisupdatedonaperiodicbasisaspartofthequarterlyfinancialreport.Thisreportissentto theCityCouncilinahardcopyformat,anditisalsopublishedelectronicallyonthecityswebsiteforpublic viewing.Thepurposeofthereportistoprovidestaff,theCityCouncil,andthegeneralpublicwith informationregardingthecitysprogressinachievingtargetedlevelsofperformancerelatedtoourgoalsand objectives identified in the strategic plan. InSeptember2013,theCityCouncilapprovedtheFY2013-14StrategicPlanfortheCityofDenton(Exhibit 1).Whilethisdocumenthadmanynewelements,thevastmajorityofthegoalsandobjectivesfortheplan wereverysimilartotheoriginalstrategicplanapprovedin2011.Inaddition,overthepastseveralmonths, thecityhasconductedanumberofpublicforumsanddiscussionsregardingthecomprehensiveplanupdate, andtheresultsofthesediscussionsneedtobeincorporatedintothestrategicdirectionofthecity.Inshort,the strategic plan needs to be updated to reflect accomplishments an InJanuary2014,theCityCouncilparticipatedinatwodayretreattodiscussanumberofissues,including potentialupdatestothestrategicplan.Attheretreat,theCityCouncilexpressedgeneralagreementwiththe strategicplanrevisionsthatwereproposedbystaff,buttheCouncilrequestedadditionalinformationregarding the specific objectives related to each of the revised goals. Toaddresstheseissues,staffconductedanadditionalworksessiondiscussionwiththeCityCouncilinJune 2014. As a result of this discussion, the following key changes Incorporate the Community Vision Statement developed as part of City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0551,Version:1 ReplaceKeyFocusArea(KFA)3(SustainableEconomicDevelopment&EnvironmentalStewardship) with separate KFAs to promote increased emphasis on Economic Dev IncludeanadditionalgoalinKFA4(Safe,Livable,andFamilyFriendlyCommunity)toprovidegreater emphasis on Library, Parks, and other leisure services. EliminateKFA5(PartnershipsandRegionalLeadership)andincorporatevariouselementsintoother KFAs in the strategic plan. TheproposedplanwasthenprovidedtotheCityCouncilaspartofthebudgetworksessiondiscussionon th September9.InExhibit2,aresolutionisprovidedtoformallyapprovetheFY2014-15StrategicPlan.The Strategic Plan is included as an attachment to this resolution. RECOMMENDATION StaffrecommendsthattheCityCounciladopttheCityofDentonStrategicPlanandKeyPerformance Indicators (KPIs) for FY 2014-15, which is described in the atta EXHIBITS Exhibit 1: FY 2013-14 Strategic Plan Exhibit 2: Resolution with FY 2014-15 Strategic Plan and KPIs Respectfully submitted: Bryan Langley Assistant City Manager City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0555,Version:1 Agenda Information Sheet SUBJECT Consider approval of the minutes of: July 15, 2014 July 29, 2014 July 31, 2014 City of DentonPage 1 of 1Printed on 9/12/2014 powered by Legistar" CITY OF DENTON CITY COUNCIL MINUTES July 15, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 15, 2014 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Roden, Council Member Ryan, and Mayor Watts. ABSENT: Council Member Johnson 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for July 15, 2014. City Manager Campbell indicated that Item BB on the Consent Agenda would be pulled and not consider at this meeting. Mayor Watts asked about the bid on the airport taxiway in terms of the bid price per square yard. Chuck Springer, Director of Finance, stated that the item was bid out earlier and awarded by Council. Any individual item over $250,000 would come back to Council for approval. Council Member Johnson arrived at the meeting Mayor Watts indicated that before the item on the agenda for Citizen Comments, the item for Council Comments would be considered to allow for the reading of a proclamation for David Barrow. Mayor Watts asked for Council consensus that prior to the public meeting on the fracking ordinance, a time would be provided for Council to make comments. Council did not have an objection to that procedure. 3. Work Session Reports A. ID 14-0298 Receive a report, hold a discussion, and give staff direction regarding a development agreement per subchapter 212.172 of the Texas Local Government Code providing for development regulations and an annexation schedule for a property currently located in the City of Denton Extra-Territorial Jurisdiction. The subject property is approximately 82.50 acres generally located on the south side of Ryan Road, approximately 380 feet west of Montecito Drive and 900 feet east of Forrestridge Drive. Council Member Johnson left the meeting with a potential conflict of interest. Brian Lockley, Director of Planning and Development, presented the details of the proposal. The request was for staff direction on negotiating a development agreement providing for development regulations and an annexation schedule for property in the ETJ. He presented a location map of the property, zoning map, and future land use map. The Texas Government Code allowed the City to enter into an agreement regarding development of property in the City of Denton City Council Minutes July 15, 2014 Page 2 Extraterritorial Jurisdiction of the City. The purpose of this agreement would be to allow a single family subdivision and elderly housing to be constructed per City Codes while in the ETJ and provide for annexation at a future date. He outlined nine areas for the agreement. Council Member Roden asked if the agreement would come to Council as a public hearing. City Attorney Burgess stated that a public hearing was not required. Council Member Roden stated that one could be held if desired. City Attorney Burgess stated that a courtesy public hearing could be held should Council desire one. Council Member Gregory asked if the agreement could be constructed in such a way that it would provide for a public hearing. City Attorney Burgess stated that State law indicated what would have to go into the agreement but the Council could provide for a method of procedure. The Council could not put a stipulation for a public hearing in the agreement. Mayor Watts stated that several years ago the City went through an extensive annexation process with large portions of vacant land that were not included in the annexation process. He was concerned even if safeguards were built into the agreement that it was desirable to have the property in the city limits. The development agreement could have different standards such as provisions for the gas well. He was concerned about the lack of public input if a public hearing was not held. Lockley reviewed the concept plans for the proposal. The petition for annexation and rezoning process procedures were discussed. The developer’s agreement would not require the use of the lengthy annexation process. The advantages and disadvantages of the process were presented. Council Member Roden asked what could be done currently without annexation in terms of standards and what could be done in terms of standards with the agreement. Lockley stated that without the agreement there would be no standards, only platting authority. Council Member Roden asked what the advantages were from the developer’s perspective to go this route. Lockley stated the applicant would have assurance and predictability in development and that the property could be developed in the manner they wanted such as housing sizes, density, etc. Council Member Hawkins questioned how city services worked if the property was not annexed. Lockley stated that the City would not supply services if the property was not annexed but could determine how the property was connected to the services. City of Denton City Council Minutes July 15, 2014 Page 3 Mayor Pro Tem Engelbrecht asked if the property was part of the Ryan property and commented that the density of the preliminary plan looked like there were small lots. Lockley replied that the property was part of the Ryan tract and that the density was probably NR-4. Mayor Pro Tem Engelbrecht stated that he was not comfortable proceeding without a public hearing. Council Member Gregory stated that the advantage was in the permit and conducting building inspections of the homes. He questioned if the County had the same building standards as the City. Lockley stated that there were several different building codes and the standards were dependent on which code the County had adopted. Mayor Watts stated that he was not in support of the developer’s agreement. He felt that the time frame was not too different from the regular process. Mayor Pro Tem Engelbrecht questioned if the agreement was completed and the annexation done with zoning, at what point did the developer’s agreement disappear. Aaron Leal, Deputy City Attorney, stated that would depend on the specific terms of the development. Upon annexation the agreement would expire and then there might be a non- conforming use depending on the terms of the agreement Council Member Johnson returned to the meeting. B. ID 14-0303 Receive a report, hold a discussion, and give staff direction regarding project recommendations from the Citizens Bond Advisory Committee for the November 2014 bond election. Bryan Langley, Assistant City Manager, presented an update on the proposal and wording of the ballot issues. He reviewed the history of the Citizens Bond Advisory Committee, the meetings that were held, committee charge and recommendations. The tax rate increase assumed up to a 3 cent tax rate increase based on 8% growth in 2014-15 and 4% growth thereafter. The proposal also included public art funding; however, the actual public art projects were not yet identified. There was a plan to have the Public Art Committee make recommendations consistent with the master plan. Funding would be restricted to these uses, but not to a specific project location. Council Member Roden asked if the amounts for public art were included in the projects. Lockley stated correct that there would be a separate issue for public art but it would be included in the funding amount for the various proposals. Council Member Roden asked about the spray park concept and matching funds. If the issue went to the voters, was $200,000 enough to put in a splash park and would it be contingent on private donations of $100,000. City of Denton City Council Minutes July 15, 2014 Page 4 Emerson Vorel, Director of Parks and Recreation, stated that it became a question of size. The $200,000 would build a splash park and it might qualify for CDBG funds. It was just a question of how big and how extensive. Mayor Watts felt that some of the funding might be moved up to other projects, such as Bonnie Brae and Morris Street; the Ruddell expansion and some of the other projects. He questioned if the bond expenditures were legally tied to specific projects. Langley stated that the proposition and ballot language had up to a certain amount of dollars for transportation and as long the expenditure was in the proposition, it would be acceptable. Staff would communicate to the public a list of the projects that were proposed. The Oversight Committee would provide supervision on the projects. Council Member Johnson wanted to make sure there was flexibility such as using drainage or transportation funds for a sewer project. Langley replied correct provided it was authorized in the proposition. Council Member Gregory stated that if projects were moved around as suggested by the Mayor, the total dollar amount would remain the same but there just would not be as much in the categories such as the parks category and more in streets. Langley replied correct if that was what Council wanted to do. Council Member Hawkins asked how much would realized if the Planning and Zoning Commission recommendation were followed and the tax increase was 3.5 cents. Langley stated it would be about $10 million. Council Member Hawkins questioned what that would mean to the average homeowner. Langley replied about $8. Council discussed the recommendations from the Committee, possible changes to those recommendations, reallocation of funds once approved, ballot language, and proposition language. Council Member Gregory stated that he was reluctant to set aside the recommendation from the Committee regarding the water park as he wanted the Committee to continue to support the bond program. He would be open to a half cent more for roads if it was felt that it might be passable in November. Mayor Watts stated that he was pleased with the Bond Committee recommendation and their work but did not feel some changes would affect how the Committee viewed the passage. Council Member Hawkins stated that he would like more money for roads but was not sure if an increase in the tax rate would be the way to do it. City of Denton City Council Minutes July 15, 2014 Page 5 Council discussed the changing of projects such as funding the water park. C. ID 14-0337 Receive a report, hold a discussion and give staff direction regarding aesthetics related to the 35Express Project. John Cabrales, Assistant City Manager, presented an update on the 35Express Aesthetic and public art update. The proposals included public art and other aesthetics for the roadway and bridge elements. In 2011 NHTB was hired by TxDOT to develop aesthetic design guidelines. In 2012-2014 staff began meetings with AGL and TxDOT to discuss public art and other aesthetic opportunities. The last CIP bond program approved by voters allocated $400,000 for public art on the 35Express. TxDOT had a basic design for the roadway but allowed additional aesthetic design enhancements. North Texas Blvd. was the only bridge Denton would have at this time for these enhancements. He displayed three base designs for the project and how the bridge would look at base design. That design did not have not separation barriers for the pedestrian walkways. Denton could add enhancements such as a small separation wall between the roadway and pedestrian walkway. Landscaping opportunities were also available such a native grasses and shrub masses. Maintenance would be responsibility of the City. There were also were options for decorative sidewalks, banner poles and pedestrian lighting. The base TxDOT walls had no graphics associated with the main walls. Public art opportunities such as a repeating patterns for the walls were presented. Single patterns could also be used. Mayor Watts noted that he did not see anything associated with TWU, only UNT. He wanted to be careful that the City was not favoring one over the other. Cabrales noted that when the Dallas Drive bridge was done, TWU could be included in that design. Mayor Pro Tem Engelbrecht suggested not using a logo or specific school colors on the bridge as they might change over the years. He would prefer something that would not change such as music or an equestrian element. Cabrales stated that the Public Art Committee was interested in the medallion concept with metal rather than other materials. These would be attached to the concrete and have some sort of back lighting. Council Member Roden asked if the $400,000 would cover all of the cost on the corridor. Cabrales stated that the funding was not intended to be for the entire cost of the project. Funds would be used for other projects as the project moved north up I35. Some of the funding should be saved for other projects on the roadway. Council discussed the design applications for not just bridges but also for other structures. Consensus was to proceed with a discussion with UNT and the consultants to identify aesthetic opportunities on the North Texas Blvd. bridge. City of Denton City Council Minutes July 15, 2014 Page 6 Mayor Watts asked about the cost for traffic control. Mark Nelson, Director of Transportation, stated that that they had asked TxDOT to maintain conformity on bridge color. Mayor Pro Tem Engelbrecht asked what would be painted on the Mayhill bridge. Cabrales stated that the columns and beans would be painted. Mayor Watts asked for Council consensus on the items presented by staff. Consensus on the first item was to continue negotiations with TxDOT. Council discussed accommodations for pedestrian traffic/bike accommodations associated with Item 2 with the consensus to move forward with adding some enhancements to the area. Consensus of the Council was agreement with the Public Art Committee concerning the medallion style art attached to the bridge. Following the completion of the Work Session, the City Council convened in a Closed Meeting in the Finance Conference Room to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 14-0335 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 T. Toby Survey, Abstract Number 1288, in the City of Denton, Denton County, Texas, being 2.493 acre tract of land located generally north of Hercules Street along the east side of North Locust Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, substation facilities, and related improvements. Consultation with the City’s attorneys regarding legal issues associated with the potential proceedings against 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 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcels: C13 - North Locust Properties, L.L.C.) [ID 14-0342] B. ID 14-0336 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 T. M. Downing Survey, Abstract Number 346, in the City of Denton, Denton County, Texas, being 1.127 acre tract of land located generally in the 2500 block of east McKinney Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, substation facilities, and related improvements. Consultation with City of Denton City Council Minutes July 15, 2014 Page 7 the City’s attorneys regarding legal issues associated with the potential proceedings against 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 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcels: P4 - William Lee Tyson, II, Rosemarie Virginia Tyson, Robert John Tyson, Barbara Ann Wittwer, and Dwane Douglas Tyson) [ID 14-0344] C. ID 14-0340 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 J. Coltart Survey, Abstract Number 288, and the D. Culp Survey, Abstract No. 287, in the City of Denton, Denton County, Texas, being a 10.45 acre fee tract of land, a 0.802 acre and 3.338 acre tracts of land for electric easement, and a 0.521 acre and a 1.227 acre tracts of land for temporary construction easement, located generally on the north and south sides of Loop 288 north of Kings Row Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, substation facilities, and related improvements. Consultation with the City’s attorneys regarding legal issues associated with the potential proceedings against 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 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcels: C1, C2, and C3 -Brown Development I, Ltd., a Texas Limited Partnership) [ID 14-0347 and 14-0348] D. ID 14-0334 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in T. Toby Survey, Abstract Number 1285, City of Denton, Denton County, Texas, and generally located at the north east corner of Airport Road and Masch Branch Road. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition 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 Enterprise Airport Fee Acquisitions) [ID 14-0345 & 14-0346] E. ID 14-0287 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - City of Denton City Council Minutes July 15, 2014 Page 8 Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests to acquire fee simple to a parcel of land lying and being generally situated south of the 2300 block of West Oak Street in the City of Denton, and County of Denton, State of Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these 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. (Hickory substation) [ID 14-0289] F. ID 14-0288 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests to acquire fee simple to a parcel of land lying and being generally situated south of the 2300 block of West Oak Street in the City of Denton, and County of Denton, State of Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these 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. (Hickory substation companion to ID 14-0287) [ID 14-0290] G. ID 14-0329 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; 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 J. Haney Survey, Abstract Number 515, in the City of Denton, Denton County, Texas, being a fee interest in land, regarding a certain 15.037 acre tract of land located generally south of FM 1173 and east of Masch Branch Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines facilities, and structures, as well as substations. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition 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. (Masch Branch Substation Re-construction-Denton Municipal Electric) [ID 14-0331] City of Denton City Council Minutes July 15, 2014 Page 9 H. ID 14-0338 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the potential exchange and/or sale of certain real property interests located in the Robert Beaumont Survey, Abstract Number 31, in the City of Denton, Denton County, Texas, being 1.6598 and 0.613 acre tracts of land, and located in the N.H. Meisenhamer Survey, and Abstract Number 810, in the City of Denton, Denton County, Texas, being a 0.3278 acre tract of land. Consultation with the City’s attorneys regarding legal issues associated with the potential proceedings against 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. (North Lakes Park Boundary Adjustment - Parks) I. ID 14-0357 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive competitive public power information and competitive financial information from staff in the form of the draft operating budget for Denton Municipal Electric ("DME") for FY 2014-2015, including without limitation, revenues, expenses, commodity volumes, and commitments; and discuss, deliberate, provide staff with direction regarding such matters, consider and make a recommendation regarding approval of the FY 2014-2015 DME operating budget. [ID 14-280] J. ID 14-0364 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 direction pertaining to a license agreement with DART regarding a three inch sanitary sewer force main line near Lakeview Drive for the benefit of the Classic of Denton development. Consultation with the City’s attorneys regarding legal issues associated with the license agreement where a public discussion of these legal matters would conflict with 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. [ID 14-0366] K. ID 14-0294 Deliberations regarding Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City’s attorneys pertaining to the negotiation and legal consequences of meet and confer agreements with the Police and Fire Associations, 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 proceedings or potential litigation. City of Denton City Council Minutes July 15, 2014 Page 10 L. ID 14-0341 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 located at 301 E. McKinney St., Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests referenced 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. M. ID 14-0351 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; 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; 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. N. ID 14-0362 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consultation, discussion, deliberation, and receipt of information from the City’s attorneys involving legal matters concerning Item No. 3.A. of the July 15, 2014 Work Session Agenda, where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 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. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. CONCLUDING ITEMS 7. Mayor Watts stated that this item would be moved up from the end of the agenda to allow for the presentation of a proclamation. Mayor Watts presented a proclamation for David Barrow Day. City of Denton City Council Minutes July 15, 2014 Page 11 CITIZEN REPORTS 2. 1. ID 14-0282 Receive a citizen report from Brian McCarter regarding the creation of a Zero Waste Team in Denton. Mr. McCarter was not present at the meeting. Mayor announced that Agenda 4A had been withdrawn and would not be considered 3.CONSENT AGENDA Mayor Watts indicated that Items BB, Y and Z were pulled from consideration. Council Member Gregory motioned, Council Member Hawkins seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exceptions of Items BB, Y and Z. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 2014-194 A. ID 14-0221 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 Denton County for the County to provide Property Tax Billing and Collections Services for the City of Denton; providing a savings clause; and providing an effective date. Ordinance No. 2014-195 B. ID 14-0301 Consider adoption of an ordinance of the City of Denton, Nunc pro Tunc, correcting an inadvertent mistake in Ordinance No. 2010-042, relating to the acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA3, located on the south side of Ganzer Road, north and south of Barthold Road, north of FM 1173, west of I-35, and more specifically identified in Exhibits "A" and "B" attached hereto; specifically by including two parcels of land that were inadvertently excluded from Ordinance No. 2010-042 even though the parcels were subject to a signed non-annexation agreement; providing for savings clause; and providing an effective date. Ordinance No. 2014-196 C. ID 14-0302 Consider adoption of an ordinance of the City of Denton, Texas, Nunc pro Tunc, correcting an inadvertent mistake in Ordinance No. 2010-119 relating to the annexation of an area of land to the City of Denton, Texas, generally identified as PAA3, located on the south side of Ganzer Road, north and south of Barthold Road; north of FM 1173, west of I-35, and more specifically described and depicted in Exhibits "A" and "B"; specifically by excluding two parcels of land that were inadvertently annexed notwithstanding that the parcels were subject to signed non- City of Denton City Council Minutes July 15, 2014 Page 12 annexation agreements for agricultural, wildlife management or timberland use; providing for a correction of the city map to exclude the inadvertently annexed lands; providing for a savings clause; and providing for an effective date. Ordinance No. 2014-197 D. ID 14-0304 Consider adoption of an ordinance of the City of Denton, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance No. 2012-362, relating to the acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-9, located north of Pockrus Page Road, north, south and northeast of Edwards Road, and more specifically identified in Exhibit "A" and "B" attached hereto; specifically by including two parcels of land that were inadvertently excluded from Ordinance No. 2012-362 even though the parcels were subject to a signed non- annexation agreement; providing for savings clause; and providing an effective date. Ordinance No. 2014-198 E. ID 14-0305 Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance No. 2013-096 relating to the annexation of an area of land of approximately 298 acres to the City of Denton, Texas, generally identified as DH-9, located north of Pockrus Page Road, north, south and northeast of Edwards Road, and more specifically described and depicted in Exhibits "A" and "B" attached hereto; specifically by excluding two parcels of land that were inadvertently annexed notwithstanding that the parcels were subject to signed non-annexation agreements for agricultural, wildlife management or timberland use; providing for a correction of the city map to exclude the inadvertently annexed lands; providing for a savings clause; and providing for an effective date. Approved the minutes listed below. F. ID 14-0310 Consider approval of the minutes of: June 2, 2014 June 3, 2014 June 10, 2014 June 17, 2014 Ordinance No. 2014-199 G. ID 14-0313 Consider adoption of an ordinance authorizing the City Manager to execute an Interagency Agreement with the North Central Texas Council of Governments (NCTCOG) under Section 791.001 of the State of Texas Government Code, to authorize the City of Denton to participate in the NCTCOG Geographic Information Systems Planimetric Mapping Update; authorizing the expenditure of funds therefor; and providing an effective date (File 5590-Interagency Agreement with the North Central Texas Council of Governments in the not-to-exceed amount of $43,000). Ordinance No. 2014-200 H. ID 14-0318 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to approve and execute a "Second Amendment to the Tower/Ground Lease Agreement" by and between the City as City of Denton City Council Minutes July 15, 2014 Page 13 Lessor, and New Cingular Wireless PCS, LLC., as Lessee, for the lease of tower space on the McKenna Park Tower and on the grounds; authorizing the expenditure and receipt of funds therefor; and providing an effective date. Ordinance No. 2014-201 I. ID 14-0319 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with C.T. Brannon Corporation for aquatic engineering and design services relating to the renovation of the City of Denton Civic Center Pool; and providing an effective date (File 5489-awarded to C.T. Brannon Corporation in the not-to-exceed amount of $145,000). Ordinance No. 2014-202 J. ID 14-0320 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Wastewater Collection System Improvements for the Sherman Drive/Holiday Park/Longfellow Drive project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5515-awarded to the lowest responsible bidder meeting specification, Quality Excavation, Ltd. in the amount of $917,524.50). The Public Utilities Board recommends approval (5-0). Ordinance No. 2014-203 K. ID 14-0322 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of aircraft ramps as part of the Taxilane Quebec Hangar Project at Denton Enterprise Airport; providing for the expenditure of funds therefor; and providing an effective date (RFP 5241-awarded to Floyd Smith Concrete, Inc., in the not-to-exceed amount of $579,067.88). Ordinance No. 2014-204 L. ID 14-0323 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a twenty-five (25) NTX- 220 Substation Controller Remote Terminal Units (RTU) for Denton Municipal Electric, 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 5526 awarded to Advanced Control Systems in a not-to-exceed amount of $480,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2014-205 M. ID 14-0324 Consider adoption of an ordinance awarding a contract for the purchase of security products and related services for Denton Municipal Electric (DME) substations and storage facilities as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1722; providing for the expenditure of funds therefor and providing an effective date (File 5233 awarded to STS 360, LLC in a not to exceed amount of $180,000). City of Denton City Council Minutes July 15, 2014 Page 14 Ordinance No. 2014-206 N. ID 14-0328 Consider adoption of an ordinance releasing, abandoning, and vacating (a) a 0.131 acre Public Drainage Easement granted to the City of Denton, Texas, by Holigan Development, Ltd. on November 3, 2005 and recorded as Instrument No. 2005-140640, Real Property Records, Denton County, Texas, and (b) a 1.1844 acre Public Drainage Easement granted to the City of Denton, Texas, by Holigan Development, Ltd. on November 3, 2005, and recorded as Instrument No. 2005- 140641, Real Property Records, Denton County, Texas (the 0.131 acre Public Drainage Easement and the 1.1844 acre Public Drainage Easement are collectively referred to as the "Drainage Easements" and are located in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas); declaring an effective date. Ordinance No. 2014-207 O. ID 14-0331 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to make an offer to purchase and execute a Contract of Sale, by and between McKee-Krum Properties, LLC, (the "Owner"), its successors in interest, or any others with an ownership interest, and the City of Denton regarding the sale by Owner and purchase by the City of a fee interest in land consisting of 15.037 acres, being situated in the J. Haney Survey, Abstract No. 515, in the City of Denton, Denton County, Texas, located generally south of FM 1173 and east of Masch Branch Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations for the purchase price as prescribed in the Contract of Sale; authorizing the City Manager, or his designee, to make an offer to purchase the property interest from Owner for such purchase price, and execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds, therefor. Ordinance No. 2014-208 P. ID 14-0342 Consider adoption of an ordinance of the City of Denton, Texas for the purchase of a 2.493 acre tract of land being generally situated in the T. Toby Survey, Abstract Number 1288, City of Denton, Denton County, Texas, ("Property Interests") for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the amount of Four Hundred Thirty Four Thousand Three Hundred Eighty Dollars and No Cents ($434,380.00), from North Locust Properties, L.L.C., a Texas limited liability company ("Owner"); authorizing the City Manager, or his designee, to execute the necessary agreement and documents for the purchase; authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcels: C13 - North Locust Properties, L.L.C.) Resolution No. 2014-026 Q. ID 14-0343 Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing an alternate member as an official voting representative City of Denton City Council Minutes July 15, 2014 Page 15 to the North Central Texas Council of Governments Regional Transportation Council ("RTC"); and providing an effective date. The Mobility Committee recommended approval of Option 1, (2-0). Ordinance No. 2014-209 R. ID 14-0344 Consider adoption of an ordinance of the City of Denton, Texas for the purchase of a 1.127 acre tract of land being generally situated in the T. M. Downing Survey, Abstract Number 346, City of Denton, Denton County, Texas, ("Property Interests") for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the amount of Sixteen Thousand Five Hundred Dollars and No Cents ($16,500.00), from William Lee Tyson, II, Rosemarie Virginia Tyson, Robert John Tyson, Barbara Ann Wittwer, and Dwane Douglas Tyson; authorizing the City Manager, or his designee, to execute the necessary agreement and documents for the purchase; authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcels: P4 - William Lee Tyson, II, Rosemarie Virginia Tyson, Robert John Tyson, Barbara Ann Wittwer, and Dwane Douglas Tyson) Ordinance No. 2014-210 S. ID 14-0345 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton, Texas ("City"), as buyer, and Everett F. Cook and Joy L. Walters (the "Owner"), as seller, to acquire fee simple to a 5.89 acre tract situated in the T. Toby Survey, Abstract No. 1285, located in the City of Denton, Denton County, Texas; for the purchase price of Six Hundred Two Thousand Nine Hundred Thirty Four Dollars and No Cents ($602,934.00), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds; and providing an effective date. (Denton Enterprise Airport - Cook/Walters Acquisition) Ordinance No. 2014-211 T. ID 14-0346 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton, Texas ("City"), as buyer, and Dorothy Nell Cook n/k/a Dorothy Nell McDuff (the "Owner"), as seller, to acquire fee simple to a 10.154 acre tract situated in the Thomas Toby Survey, Abstract No. 1285, located in the City of Denton, Denton County, Texas; for the purchase price of One Million One Hundred Five Thousand Seven Hundred Seventy Dollars and No Cents ($1,105,770.00), and other consideration, as prescribed in the contract of sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds; and providing an effective date. (Denton Enterprise Airport - Walters/McDuff Acquisition) City of Denton City Council Minutes July 15, 2014 Page 16 Ordinance No. 2014-212 U. ID 14-0347 Consider adoption of an ordinance of the City of Denton, Texas for the purchase from Brown Development I, Ltd., a Texas Limited Partnership ("Owner"), of a (1) a 10.45 acre tract in fee; (2) a 0.802 acre tract for an electric easement; and (3) a 0.521 acre tract for temporary construction easement, each of which is generally situated in the J. Coltart Survey, Abstract Number 288, and/or the D. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas ("Property Interest"), for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations, ("Project"), for the amount of Eight Hundred Fifty Nine Thousand Five Hundred Sixty Seven and No Cents ($859,567.00) to Brown Development I, LTD., a Texas Limited Partnership (the "Owner"); authorizing the City Manager, or his designee, to execute the necessary agreement and documents for the purchase; authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcels: C1, C2 -Brown Development I, Ltd., a Texas Limited Partnership) Ordinance No. 2014-213 V. ID 14-0348 Consider adoption of an ordinance of the City of Denton, Texas for the purchase from Brown Development I, Ltd., a Texas Limited Partnership ("Owner") of (1) a 3.338 acre tract for an electric easement; and, (2) a 1.227 acre tract for a temporary construction easement, both of which are generally situated in the J. Coltart Survey, Abstract Number 288, City of Denton, Denton County, Texas ("Property Interests"), for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations, ("Project"), for the amount of Two Hundred Forty Seven Thousand Seven Hundred Sixteen Dollars and Fifty Two Cents ($247,716.52); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcels: C4 -Brown Development I, Ltd., a Texas Limited Partnership) Ordinance No. 2014-214 W. ID 14-0353 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement for indefinite delivery survey services on a work order basis for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (File 5597-awarded to Teague Nall and Perkins, Inc. in an amount not-to-exceed $500,000). Ordinance No. 2014-215 X. ID 14-0355 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Evers Park Bridge and Trail Project; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. City of Denton City Council Minutes July 15, 2014 Page 17 This item was not considered. Y. ID 14-0289 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale by and between Hickory Med, LLC, as owner, and any others having an ownership interest, and the City of Denton, Texas, as buyer, to acquire fee simple to a tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being all of Lots 3 and 4 of the Whitten Addition, an addition as shown of record in Volume 7, Page 12 of the Plat Records of Denton County, Texas, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations, for the purchase price of Six Hundred Thirty-Two Thousand Two Hundred Fifty and No/100 US Dollars ($632,250.00) and other good and valuable consideration, as described in the Contract of Sale and ordinance attached as Exhibit One; authorizing the expenditure of funds therefore; and providing an effective date. This item was not considered. Z. ID 14-0290 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale by and between Oak Med Park, LLC, as owner, and others having an ownership interest, and the City of Denton, Texas, as buyer, to acquire fee simple to a tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being all of Lots 5 and 6 of the Whitten Addition, an addition as shown of record in Volume 7, Page 12 of the Plat Records of Denton County, Texas, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations, for the purchase price of Six Hundred Thirty-Two Thousand Two Hundred Fifty and No/100 US Dollars ($632,250.00) and other good and valuable consideration, as described in the Contract of Sale and ordinance attached as Exhibit One; authorizing the expenditure of funds therefor; and providing and effective date. Ordinance No. 2014-216 AA. ID 14-0280 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $32,500,000 in principal amount of "City of Denton General Obligation Refunding Bonds, Series 2014" (including up to $13,500,000 for Electric Fund activities and up to $19,000,000 for Water Fund activities); authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject. The Audit/Finance Committee recommends approval (3-0). This item was not considered. BB. ID 14-0366 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager, or his designee, to execute a 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 City of Denton City Council Minutes July 15, 2014 Page 18 approximately 1,700 feet northwest of Lakeview Blvd; and declaring an effective date. 4. PUBLIC HEARINGS A. S14-0001 Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow a "Kindergarten, Elementary School" use on an approximately 7.11 acre property generally located at the southeast corner of Teasley Lane and Pennsylvania Drive within a Neighborhood Residential 2 (NR-2) zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S14-0001) The Planning and Zoning Commission recommended denial of this request (4-0). A supermajority vote by Council is required for approval. Mayor Watts noted that this item had been withdrawn by the applicant and would not be considered. B. S12-0001 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). Brian Lockley, Director of Planning and Development, stated that at the request of applicant, the public hearing would be opened and the item continued to the next meeting. The Mayor opened the public hearing. Mayor Pro Tem Engelbrecht motioned, Council Member Gregory seconded to continue the th public hearing to the August 5 Council meeting. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. C. S13-0008 Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow the installation of a telecommunication tower on a property located in an Industrial Center General (IC-G) zoning and use district on approximately 6.88 acres. The subject property is generally located south of McKinney Street, approximately 1700 feet west of Trinity Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S13-0008) The Planning and Zoning Commission recommended approval of this request with conditions (6-0). City of Denton City Council Minutes July 15, 2014 Page 19 Brian Lockley, Director of Planning and Development, stated that this request was by Atmos Energy to allow telecommunication tower. He presented the location map, zoning map, land use map, site plan and elevations. The Planning and Zoning Commission and the Development Review Committee recommended approval. The Mayor opened the public hearing. Jeff Hargrave, representing Atmos, spoke in favor. The Mayor closed the public hearing Council Member Hawkins motioned, Mayor Pro Tem Engelbrecht seconded to adopt the ordinance with the conditions as indicated in the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. D. ID 14-0349 Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending Chapter 16, "licenses, permits, and business regulation," of the Code of Ordinances of the City of Denton, Texas, by adding a new Article VII, "prohibition of hydraulic fracturing," generally providing that hydraulic fracturing operations are prohibited in the City of Denton; making findings; providing a repealer clause; providing a severability clause; providing for a penalty; and providing for publication and an effective date. Mayor Watts commented on the background of how this item came to City Council and how the public hearing process would be conducted for this item. The Mayor opened the public hearing The following individuals spoke during the public hearing: Bobby Jones, 1824 South Bonne Brae, Denton and Randy Sorrells, 3501 Roselawn, Denton – opposed-presented a petition in support of fracking Pastor J. C. Thomas, representing Lon Burnam, District 90 – Tarrant County – support Tom Phillips, former Texas Supreme Court Chief Justice, currently representing Baker Botts law firm and the Texas Oil and Gas Association Ed Ireland reading comments from Dr. Ray Perryman, - opposed John Tintera, former Executive Director of the Railroad Commission – opposed Council Member Roden stated that one of the issues dealt with the close proximity wells were drilled to established neighborhoods and he asked if that was acceptable in Tintera’s opinion. Tintera stated that the Railroad’s regulations were focused on the mineral state and there were extensive regulations for the operators. If all of the regulations were followed, there should be no problems with accidents. The Railroad Commission did not had authority or regulation that were involved with setbacks from surface features. Local government was responsible for determining those types of regulations. City of Denton City Council Minutes July 15, 2014 Page 20 Council Member Gregory asked how the Railroad Commission ensured producers followed regulations; how many inspectors the Commission had and how many wells were around the State. Tintera stated that he was retired from the Railroad Commission and was not speaking for that agency. However, he did know the procedures that were followed. There were probably 100+ inspectors who focused on priority wells. The agency operated 24/7 with emergency phone numbers available. Inspectors were outriders stationed in the communities. The Commission was responsive to complaints and requests for inspectors. Council Member Gregory asked from Tintera’s experience, how many times per year were gas wells inspected in an urban area. Tintera stated that he did not know but if there were a complaint of a well, it would be inspected immediately. Some operations had higher priorities than other wells. Mayor Watts questioned that to Tintera’s knowledge there were no Commission regulations on setbacks of wells to uses. Tintera stated that those did not exist in the Railroad regulations. State Senator Craig Estes- opposed Council Member Gregory stated that the Council was in a conflicting position between the property rights of mineral owners and surface owners. He asked if Senator Estes had suggestions on how to make that balance more level as it seemed that the mineral rights were more important than surface rights on the State level. Senator Estes replied that he was ready to work with Council to work out compliance rights. However, he felt an outright ban was an over reach. Council Member Roden asked about the reference Senator Estes made about compliance problems. Senator Estes replied that he understood that Denton had an ordinance and that certain operators were not working within the current ordinance. Council Member Hawkins encouraged the State to help with this issue and not leave cities alone to cope with the issue. David Martineau, Dallas - opposed Maile Bush, 4501 Lacewood, Argyle, 76226 – support State Representative Myra Crownover - pledged to work with Council on this issue Council Member Gregory felt that the reason for this meeting and the reason for the petition was that Denton citizens felt Council did not do enough to protect the quality of life in neighborhoods where gas wells were located near their homes. He looked forward to working with the State and asked that as the process went forward, the State legislature recognize municipalities needed City of Denton City Council Minutes July 15, 2014 Page 21 authority to balance the unequal balance of mineral rights over surface rights. He asked Rep. Crownover to help get information to cities if the Legislature was thinking of dialing back local authority even more in this area. Rep. Crownover stated that she had worked on a bill to get oil and gas companies to clean up their debris after completing a well. Council Member Gregory asked Rep. Crownover if she could help get information from the Railroad Commission on inspection efforts from the Commission. Rep. Crownover stated that she had worked in the last session to get $25 million to the Railroad Commission to use towards that means. That was on her radar for the next session. Mayor Watts stated that the City had crafted an ordinance in 2013 but was unable to enforce part of it due to State regulations and was looking forward to working the Senator Estes and Representative Crownover for a solution. Rhonda Love, 1920 Hollyhill, Denton, 76205 – support Council Member Gregory stated that he was curious about the definition of fracking contained in the petition using the wording of water in the process and questioned Love about what her perspective was on what would be banned. Love replied that the intention was to ban all fracking. Adam Briggle, 1315 Dartmouth, Denton, 76201 – support Council Member Roden asked how the ban of fracking would affect the existing producing wells. Briggle stated it would not turn off producing wells but rather restrict the refracking of those wells at a future date. Council Member Roden questioned what Briggle was seeing in terms of talking to people on this issue. Briggle stated that it was not partisan issue but one concerning the health and welfare of citizens. Mayor Pro Tem Engelbrecht asked Briggle at what point the issue turned from a point of providing information to working towards a ban. Briggle stated that it was continued fracking in the City with no controlling regulations. Sharon Wilson, 101 N. Greenville, Allen 76002 - support Council Member Roden questioned Wilson’s statement that legal assistance would come to the City. This issue would likely cause the City to incur a costly fight and asked for more detail of her claim of support. City of Denton City Council Minutes July 15, 2014 Page 22 Wilson replied that she could not be specific as attorneys had commitments but other cities had received support. Cathy McMullen, 805 Ector, Denton, 76201 – support Mayor Pro Tem Engelbrecht asked McMullen how many times she had gone to testify at the Legislature regarding this issue. McMullen replied six-seven times at her own expense. Mayor Pro Tem Engelbrecht asked how many emails she had sent on this issue with information relative to this issue. McMullen stated thousands. Mayor Watts questioned McMullen if she was saying that this was the only way to have this done in order to get relief. McMullen replied that she felt they had done every avenue possible to solve this issue. James Herbison, 2205 Bellmont Park Place, Denton, 76210 - opposed Marshall Smith, 2616 Redwood, Denton, 76209 - support Marty Allday, Executive Director of the Texas Chapter of Consumer Energy Alliance, 2211 Norfolk, #410, Houston, 77098 – opposed Mayor Watts stated that he understood Allday’s comments on holding operators to a higher standard and that was why they were where they were now. The City was unable to do that due to a large degree in the current regulations. There was a need to do more than voluntary compliance. Brent Greenfield, 2210 Mid Lane #111, Houston, 77027 – opposed Council Member Roden stated that Greenfield had quoted a number of economic revenue references in his comments and questioned where he had obtained that information. Greenfield stated that he could provide that information to Council. Mayor Pro Tem Engelbrecht stated that the amount of revenue the City received from gas industry was very small compared to the total budget. The economic impact was small for the city of Denton. He asked Greenfield about Southgate Resources. Greenfield stated that it was a small organization that worked with oil and gas companies. Mayor Pro Tem Engelbrecht questioned why he had come to Denton about this issue. Greenfield stated that he was concerned about the impact of legislation in Denton was it was a state-wide issue. City of Denton City Council Minutes July 15, 2014 Page 23 Chris Faulkner, CEO Brighton Energy, 1910 Pacific Ave, Dallas 75201 – opposed Council Member Gregory stated that there were bad players in the industry and those actions generated bad faith. He questioned if there were any standards within the industry regarding self-regulation or dealing with bad players who tended to hurt those who were playing by the rules. Faulkner stated that industry was only as good as the worst member of the industry. The Railroad Commission did a good job regulating oil and gas in the state. He felt there was a lot of room from regulation to a fracking ban and that it was a large step. Sharon Spiess, 7501 Stallion, Denton, 76208 – support Tricia Davis, 1122 Colorado, Austin, 78701 - opposed Hatice Salih, 300 Northridge, Denton, 76201 - support Vicki Oppenheim, 600 Windfield, Denton, 76209 – support Council Member Roden questioned when Oppenheim was on the task force if there were any proposals for all out ban of fracking. Oppenheim replied no. Council Member Roden indicated that she thought it could be done without a ban of fracking. Oppenheim replied correct that she had done everything she could do and now felt a ban was needed. Mark Michalic, 600 Windfield, Denton, 76209 - support Betty Farmer, 9475 Hilltop Road, Argyle, 76226 - opposed Linda Cole, 6376 Jim Christal Road, Denton, 76207 – opposed Bill Stevens, 1001 Fannin, Houston, 77002 – opposed Council Member Gregory asked Stevens what would be a reasonable setback from homes. Stevens stated that horizontal drilling could go a long distance from a structure. Council Member Roden questioned what a solution might be. Stevens stated that it was a harder position than in 2002 but that a ban was not a solution. He felt the issue should be negotiated but he was not sure what would look like. Richard Knight, 3617 Lipizzan, Denton, 76210 – opposed Jack Fleet, 13911 Lake Michigan, Houston, 77044 – opposed Mayor Pro Tem Engelbrecht stated that there were operators who wanted to place a well right next to a home and questioned if Fleet had a solution to that problem. Fleet stated that the mineral estate took precedence over surface estate. City of Denton City Council Minutes July 15, 2014 Page 24 Jack Black, 2505 Karbia Lane, Denton, 76201 – opposed Steven Shannon, 1901 Warwick Crescent, Denton, 76205 – opposed John Rollinson, John F. Kennedy Center, Fort Bragg, North Carolina - opposed John and Batavia Russell, 2302 Jacqueline, Denton, 76205 - support Phillip Sweet, 9713 Grandview, Denton, 76207 – opposed Jack Esparanza, 700 E. 11th, Austin, 78701 - opposed John Siegmund, 1820 Stonegate, Denton, 76205 – opposed Gena Felker, 2017 Parkside, Denton, 76201 – support Baileigh Poston, 201 Inman, #10208B, Denton, 76201 – opposed Patrick Handren, 4112 Nappa Court, Flower Mound, 75022 - opposed George Hastings, 7030 Northhaven, Dallas 75230 - opposed Janice Bigby, 1105 Sandpiper, Denton, 76205 – support Brandon Waltens, 716 Dewtuns Path, Colleyville, 76035 – opposed Patricia Andrews, 3033 Country Club Road, Denton, 76201 - support Will Weaton, 2200 block Westwood, Denton, 76201 - support Alyse Ogletree, 3401 Buckthorne, Argyle, 76226 – support Sandy Maddox, 4008 Vineyard, Argyle, 76226 – support Matthew Fry, 1600 Highland Park Road, Denton, 76205 - support Jim McKinney, 2019 Crestwood Place, Denton 76209 – support Jerry Simmons, 5 West 6th Street, #2626, Tulsa, OK, 74119 – opposed Todd Ellis, 3437 Crisoforo, Denton 76207 – support Alison Trapp, 3437 Crisoforo, Denton, 76207 – support Sara Bagheri, 3201 Westgate, Denton, 76207 – support Naomi Meier, 1400 Lay Mirada, Denton, 76201 – support Dave Smith, PO Box 222, Denton, 76202 – opposed Tara Hunter, 804 West Hickory, Denton, 76201 – support Ed and Carol Soph, 1620 Victoria, Denton, 76209 – support Pauline Raffestin, 2015 Bowling Green, Denton, 76201 – support Mike Sutton, 912 Cordell, Denton, 76201 – support Kelsey Fryman, 701 Fort Worth Drive, Denton, 76201 – support Kati Trice, 2307 Fowler, Denton, 76209 – support Michael Briggs, 2311 Houston Place, Denton, 76201 - support Angie Holliday, 224 Bryan, Denton, 76201 – support K Foster, 105 Peach, Denton, 76201 – support Kelli Barr, 701 W. Sycamore, Denton, 76201 – support Janelle Burch, 4478 Country Club Road, Denton, 76210- opposed Jonathon Vann, 1803 Wayne, Denton, 76209 – support Christopher Furman, 2924 Longfellow, Denton, 76209 – support Robert Oehlschlager, 321 Panhandle, Denton, 76201 - support Martina Salins, 4137 Alamo, Fort Worth, 76107 – support Alfred Sanchez, 711 Jackson, Denton, 76206 – support Barbara Owens, 2931 Lipizzan, Denton, 76210 – support Kory Gabrielsen, 529 Northridge, Denton, 76201 – support Kim Feil, 409 N. Elm, Arlington, 76011 - support Marc McCord, 616 South Colorado, Celina, 75009 – support Scott McDonald, 1200 Amherst, Denton, 76201 – opposed Sammy Bryan, 2002 Shawnee, Denton – opposed John Holden, 7 Turtle Creek Bend, Dallas, 75204 – opposed City of Denton City Council Minutes July 15, 2014 Page 25 Angel Brabo, 2269 W. Oak, B1, Denton, 76201 – support Rebecca Williams, 7219 Peden, Azel, 76020 - support Riley Briggs, 3108 Broken Bow, Denton, 76209 – support Michael Lassa, 2106 Preston Place, Denton, - support Laura Davis, PO Box 2671, Denton - support Jennifer Lane, 1526 Willowwood, Denton – support Courtney Crow, 1126 Vine, Denton, 76209 - support Justin Luggers, 2204 Wildwood Lane, Denton - opposed Kealey Briggs, 3108 Broken Bow, Denton – support Mayor Watts noted that the Comment Cards submitted would be a part of the official record. Those comments cards are attached as Exhibit A. The Mayor closed the public hearing. Council Member Roden motioned to approve the ordinance. Motion died for lack of a second. Council Member Hawkins motioned to deny as he wanted the issue to go to the voters in November. Council Member Johnson stated that he had heard during his campaign process that citizens were tired of the Council making decisions without citizens being able to vote on items. He felt it was important to educate the citizens of Denton regarding this issue. He seconded the motion to deny. Council Member Gregory stated that the choices tonight were to approve the ban as presented or send it to the voters. Had he thought about it faster, he might have seconded the initial motion to approve the ordinance. He was concerned about the misleading and inaccurate information that was presented by those who were against the ban. There were no suggestions from the industry tonight on solutions to the issue. Council Member Johnson stated that he would withdraw his second to the motion if Council Member Gregory felt he did not have enough time to consider the initial motion to approve the ordinance. Council Member Gregory felt that it would not affect the outcome of the vote to do that but wanted a thorough discussion at this point among Council regarding options. Council Member Roden questioned what the Charter allowed in this case if the Council was to adopt the ban with the mindset of looking for a better option with the ban not necessarily as the end game. The initiative petition required the Council to either vote for the proposed ordinance or put it for an election. If Council voted for the ordinance at this meeting and then found a better route, he questioned if the Council would have the ability to repeal the ordinance in the future. City Attorney Burgess stated that Council would not be limited with regard to usual options for an ordinance. It could be repealed, amended or replaced in part. All of those options would remain. City of Denton City Council Minutes July 15, 2014 Page 26 Council Member Roden felt that this would not be a citizen vote; it would be national politics with the funding of the industry and would not be a level playing field. Council Member Hawkins hoped that the vote in November would be a fair vote. He made the motion for all of Denton to weigh in on the issue. Mayor Pro Tem Engelbrecht asked for the expiration date of the current moratorium. th City Attorney Burgess stated that the current moratorium was set to expire on September 9. Mayor Pro Tem Engelbrecht asked if there was anything precluding Council from extending it through or even beyond the election date. City Attorney Burgess stated that the moratorium was enacted to give staff time to look at some of the issues under the current gas well drilling provisions. That review was not complete and it was not known at this time if it would be completed by September 9th. Mayor Pro Tem Engelbrecht stated that there were a number of industry representatives tonight who wanted to come to the table and be part of the process. He felt that extending the moratorium would provide time for them come to table. Between now and the election it would give some indication to the public in Denton where the industry was at in terms of participating in rulemaking to protect citizens. Council Member Johnson stated if there was an opportunity to see how the State representatives and the industry representatives reacted to their promise to come to the table and the issue was sent to voters but there was no reaction as promised, could the Council propose an ordinance exactly as what was proposed this evening and not wait until an election. City Attorney Burgess stated that Council would not be limited to enact whatever regulations they felt were appropriate. Council could also wait and see what happened in the November election and after that make independent determinations as far as what the Council felt would be appropriate for the community. Council Member Johnson felt this might be an opportunity to see if industry followed through and not take a legal risk of lawsuits. If the State legislators and the industry did not follow through, the Council could move forward with an ordinance. Council Member Gregory stated that as a citizen, he would probably vote for the ban but as a councilmember he would probably vote against the ban due the enormous cost it would involve. He felt it would best be a decision made by the voters. Mayor Pro Tem Engelbrecht stated that at the beginning of meeting he was in favor of sending the issue to the voters but was having second thoughts after hearing some of the speakers at this meeting. He felt the moratorium could be extended to see how committed the State officials and industry representatives were to help shift though these issues. Council Member Roden stated that in that scenario, the Council would have to call the election and then if the Council did not like what they were seeing with this dialog process it could adopt City of Denton City Council Minutes July 15, 2014 Page 27 the ban pre-vote but the issue would still be on the ballot. It made an interesting situation where the Council might pass an ordinance but the citizens vote it down. He questioned which ordinance would prevail. City Attorney Burgess stated that typically the later approved ordinance would prevail. Council Member Roden stated that if the Council approved this ban, it would create a high stakes situation. It might create a situation where the industry worked with the City to create a better ordinance that everyone could live with. Council Member Johnson stated that regardless of what happened, the Council would still have the ability to modify the ordinance at a later date. City Attorney Burgess replied correct that the ordinance could be modified at a later date. Council discussed the options of sending the issue to the voters or enacting the ban at this meeting. A concern was expressed to have a fair election and the issues of vested rights was still a concern. Council also considered the fact that there was a bond election also proposed for the November election and any effect this election might have on it. Council Member Johnson felt that all voters deserved to weigh in on the decision to ban fracking. Council Member Hawkins motioned, Council Member Johnson seconded to deny the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member Ryan "aye", Council Member Gregory "nay", Council Member Roden "nay" and Mayor Watts “aye”. Motion to deny carried with a 5-2 vote. 5.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2014-218 A. ID 14-0350 Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on November 4, 2014, for the purpose of determining whether to adopt an ordinance of the City Council of the City of Denton, Texas, amending Chapter 16, "licenses, permits, and business regulation," of the Code of Ordinances of the City of Denton, Texas, by adding a new Article VII, "prohibition of hydraulic fracturing," generally providing that hydraulic fracturing operations are prohibited in the City of Denton; making findings; providing a repealer clause; providing a severability clause; providing for a penalty; and providing for publication and an effective date. City Attorney Burgess stated that the required date to call this election was a uniform election date. That date would be November 4, 2014. Mayor Pro Tem Engelbrecht motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye", Council Member City of Denton City Council Minutes July 15, 2014 Page 28 Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously. 6. CITIZEN REPORTS There were no citizen reports for this section of the meeting. 7. CONCLUDING ITEMS Mayor Pro Tem Engelbrecht asked the City Attorney to discuss the limits of the role of council members in the upcoming election. City Attorney Burgess stated that the council members are prohibited in engaging in electioneering now that the Order of Election had passed. Council Member Roden asked for a discussion on the length of the current moratorium and options to extend it past November. With no further business, the meeting was adjourned 2:58 a.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City of Denton City Council Minutes July 29, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 29, 2014 at 11:30 a.m. in the Facilities Management TrainingRoom at 869 S. Woodrow, Denton, Texas. PRESENT: Mayor Watts; Mayor Pro Tem Engelbrecht, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, and Council Member Ryan ABSENT: None 1.Receive a report, hold a discussion, and give staff direction concerning the current status of the 2014 mosquito season. Ken Banks, Director-Environmental Services/Utility Budget, stated that the Mosquito Surveillance and Response Plan was developed in 2002 and was reviewed every year with revisions if needed. It used monitoring data to establish Risk Levels. The monitoring was conducted by UNT and was based on principals of integrated pest management. Each Risk Level had actions for surveillance, public education and mosquito control. Risk Level 1 was a normal response with the probability of human outbreak remote; Risk Level 2 was an enhanced response again with a low probability of human outbreak; Risk Level 3 was a public health concern level with a low human outbreak probability; Risk Level 4 was a public health warning with a moderate to high human outbreak probability and Risk Level 5 dealt with a public health alert with human outbreak confirmed. Setting Spray Triggers – the setting of spray triggers was challenging as (1) decisions involved complex biological, ecological and public health factors, (2) the decision would always be made with incomplete information, (3) there would be strong feelings from the public in response to the decision, and (4) trigger levels for spraying could be thought of as a spectrum. Trigger conditions should always attempt to balance public health protection, non-target impacts, efficient resource use and realistic response level expectations. Council Member Roden asked how it was determined that spraying was effective. Banks stated that it was a difficult situation to assess as there were many variables to the mosquito population in addition to spraying. There were many compounding variables which might have an effect on the mosquito population such as rainfall, change in temperature, life span. Council discussed the benefits/negatives for spraying both on ground level and air spraying and the results from spraying. Monitoring – monitoring of the mosquito traps was done by researchers at UNT and involved two types of monitoring. One was a routine monitoring method where samples were sent to the Texas Department of State Health Services and the other was monitoring for Rapid Analyte Measurement Platform testing. The first monitoring took about a week for screening results with the second completed in a day or less. Trap results were posted on the City’s website. Statewide and local monitoring results were presented. City of Denton City Council Minutes July 29, 2014 Page 2 Control for mosquito larva – the City concentrated on using a larvacide (BTI) which was highly specific to mosquitoes. It did not affect fish, frogs or other predatory insects that might feed on mosquito larvae. However, it did have to be applied correctly to be effective. th Monitoring and larviciding – As of July 8, 2935 BTI applications had been made within the City drainage networks, 84 BTI treatments were provided to citizens, 192 traps were deployed for routine monitoring, 80 traps were deployed for RAMP testing with no WNV positive samples collected. Equipment and inventory status - the City had 2 ULV sprayers with one in service and one for a backup. The units were serviced and calibrated regularly. A spray contractor was on standby with enough chemicals for 3-4 spray events. The BTI inventory was adequate. A review of expenditures for 2014 was presented which included the UNT monitoring contract, the UNT RAMP program and the RAMP supplies. Total budgeted expenses for 2012 was $57,000, for 2013 was $38,000 and was estimated to be between $30,000-$42,000. Mayor Pro Tem Engelbrecht asked about trap locations. Banks stated that they were fixed locations on a grid throughout the system. There were some temporary traps which could be placed on an as-needed basis or complaint basis. 2.Hold a discussion and provide staff with direction regarding the creation of an ad hoc City Council Committee to interface with the Historic Landmark Commission (HLC) and review the operations, procedures, powers, duties, policies and regulations related to Historic Landmark Preservation and Historic Districts in the City ofDenton, Texas. Brian Lockley, Director of Planning and Development, reviewed the history of the Historic Landmark Commission, the composition of the Committee, the powers and duties of the committee and potential topics for the Ad Hoc Committee consideration. The language detailing the duties of the Commission had essentially remained the same since the Commission was formed. He noted that regarding whether the makeup of the Committee was as indicated in the ordinance it did not affect the validity of the actions taken. Council Member Johnson felt that the Council should think about having specifics for all boards and commissions to allow for the best decisions made such as what were the core capabilities that needed to be included for each board/commission. He suggested looking at all boards/commissions to set qualifications for the members. Mayor Pro Tem Engelbrecht stated that the ordinance did not specify someone having expertise in historical structures. He suggested reviewing the member qualifications as noted for HLC. Council Member Roden cautioned not to divide the qualifications too far down as it might limit who would be able to serve. He suggested finding people who were passionate to serve. He asked if there was a structure for HLC to use to tackle the goals as provided in the ordinance. City of Denton City Council Minutes July 29, 2014 Page 3 Lockley stated that up to this point, the meetings focused on applications. More recently the Commission had started to discuss more initiatives. It was working on a downtown overlay with subcommittees and other projects with a broader perspective on the HLC goals. Council Member Gregory felt that the Commission was reactive to situations that had already happened and was glad to hear that it was starting to be more proactive. Mayor Watts stated that in some ways, not been proactive in their charge, was partly the problem caused by the policy makers. Council Member Johnson stated that he saw that it was an advisory board to set the vision but the advisory board was not the regulatory arm. He felt that citizens who wanted to do something with a building were going to a commission of appointed citizens which may or may not have a complete understanding of the Code and who were negotiating the items. Planning should be regulating and HLC should be visionary to set the standards for regulations. He suggested thinking about the role of the HLC to be a vision setter and not the regulatory enforcer. City Attorney Burgess stated that some boards were strictly advisory in nature and some were a governmental board which had some regulatory powers. HLC did have some independent regulatory authority. Council Member Roden stated that the fact that it fell under Planning showed that it had a clear role for Certificates of Appropriateness. He was unclear that other aspects fell under Planning’s role and that it might be a departmental structure based on what department it fell under. Another part of the discussion could be structural items that were causing certain emphasis on a role over another role. Mayor Watts asked about the genesis of this discussion. Council Member Roden stated that it was a general recognition on the part of the Commission to address some issues on the Council level. That was a mechanism to review the policies in general to get more discussion with the Council. It might include specific topics or a general rewrite of the ordinance. Mayor Pro Tem Engelbrecht stated that there were also discussions taking place on how individual homeowners could withdraw from the historic district. Mayor Watts stated that the point was to update the ordinance to meet current situations. Council Member Johnson stated that the current regulations were structured for controversy between the homeowners and the unknown of what they would have to spend to meet those regulations. In Fort Worth there were very clear criteria for historic districts. He liked the idea of being proactive to develop a framework for historic districts which would set the Commission up for success and not put the applicant and the Commission in controversy. Mayor Watts stated that would have a set of predictability whereby the criteria was known when an individual purchased in a particular area. City of Denton City Council Minutes July 29, 2014 Page 4 Council Member Johnson felt that Fort Worth had done a good job of defining the parameters so everyone knew what exactly what they would have to do. Mayor Pro Tem Engelbrecht stated that one of the issues was that the criteria might be set but the environment had changed over the years such as windows, doors, siding. There was also a question of what period was supposed to be matched and how to preserve it yet meet sustainability issues with better quality products that gave the same look but provided better maintenance and looked better. Council Member Roden felt the tension was going to be in the Downtown scenario as it would be hard to have strict criteria when applied to commercial uses as the uses could change very often as opposed to a residential situation which remained the same. He felt it was not possible to overlay a residential mindset in a downtown commercial area. Lockley felt that the HLC would largely agree with the comments made but currently the historic districts were residential as opposed to commercial. There was also a regulation that new residential homeowners had to be informed that the home was located in a historic district and had certain regulations associated with it. The historical functions had been moved under Neighborhood Areas in his department. He also felt there was some understanding that commercial historical regulations would not be as strict as residential regulations. He noted that the HLC had expressed their desire to expand their authority to include topics such as the Downtown Square being added to the National Registry, the use of solar energy in historic districts, and the creation of new historic districts and the expansion of existing historic districts. Policies HLC presented for consideration included (1) aesthetic issues associated with the use of solar energy within historic districts, (2) creation of a downtown overlay district, (3) adopt elements of strategic planning and establish annual goals, (4) increase inventory of landmark and historic structures and (5) balance historic preservation with economic development. Council Member Johnson asked if the goal of the ad hoc council committee was to be a liaison between Council and the HLC for future guidelines. Council Member Roden felt that the ad hoc committee would be a suggested mechanism for larger goals such as a general overview of policies and where the City wanted to head in terms of historic preservation. This should involve citizens, Council and HLC with the need to set an agenda either to rewrite the entire ordinance or set a few goals to consider. Council Member Ryan stated that he was in favor of an ad hoc committee if the goal was to look at the ordinance and where to update the current ordinance. He was not in favor of a forever committee just work on this one issue. Mayor Watts stated that he was was unclear of the purpose of the ad hoc committee and questioned if it was to work with HLC and historic stakeholders. He wanted to make sure what the goal/charge would be for the ad hoc committee. Council Member Hawkins stated that it was not that the Council felt that the HLC was doing a bad job; it was just that the ordinance was outdated. Mayor Pro Tem Engelbrecht asked if this would be citizen committee. City of Denton City Council Minutes July 29, 2014 Page 5 Council Member Roden stated that would depend on what was identified to work on. He felt that a citizen committee might be required to be a part of accomplishing the goal. Mayor Pro Tem Engelbrecht stated that incentives such as abatements followed as part of the process and that it then became an issue of every citizen so there would need to be a broad citizen involvement as well as talking about neighborhoods that might want to move forward as a district. Council Member Hawkins stated that the commercial aspect was also seen as an economic tool. Council Member Johnson suggested establishing the ad hoc committee to look at the ordinance and then if Council along with the ad hoc committee and HLC felt that there was a need for an overlay over downtown, a broader group might be needed to help shape the decision. If only updating the ordinance was involved there was not a need for massive amounts of citizen involvement. If there were broader topics, then citizens should be involved. Consensus of the Council was to move forward with creation of the ad hoc committee with input th on the direction of the duties. The item would be considered at the August 12 meeting with Council Members Roden, Ryan and Johnson indicating an interest to serve on the ad hoc committee. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 1:48 p.m. toconsider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting A.Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1.Discuss, deliberate, and receive information from the City’s attorneys pertaining to the legal consequences of negotiation and extensions of non-annexationagreements 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. 2.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 issuesinvolving surface and mineral estates; and legal matters associated with a citizen’sinitiative City of Denton City Council Minutes July 29, 2014 Page 6 regarding hydraulic fracturing where a public discussion of these legalmatters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3.Discuss, deliberate, and receive information from the City’s attorneys pertaining to sanitary sewer overflows and resulting enforcement action, 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 legalproceedings. With no further business, the meeting was adjourned at 4:03 p.m. _______________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City of Denton City Council Minutes July 31, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Thursday, July 31, 2014 at 8:30 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. PRESENT: Mayor Watts, Council Member Gregory, Council Member Hawkins, Council Member Johnson, Council Member Roden, and Council Member Ryan ABSENT: Mayor Pro Tem Engelbrecht City Manager Campbell stated that the discussion today would be centering in the budget as recommended by the City Manager to the City Council. Mayor Pro Tem Engelbrecht arrived at the meeting. Campbell stated that the City’s budget was approximately $900 million. Over the last three years staff had started developing a more refined strategic planning process with the budget process a part of that strategic plan. Teams of employees were helping to identify best processes to provide better services to the community and part of the budget would include funding for some of those programs. The budget was based on an 8% increase in ad valorem value. Street maintenance would be addressed in the budget as the City was far behind in this area. The City had received information that the ad valorem value would be in excess of the 8% originally projected. That increase would help with the balancing of the General Fund budget and would result in a smaller draw down amount from the Fund Balance. Items in the budget were the ones staff felt were the highest issues from the Council. Chuck Springer, Director of Finance, stated that the Strategic Plan contained five Key Focus Areas that were used for the start of the budget process. Those areas included (1) organizational excellence, (2) public infrastructure (3) economic development, (4) safe, livable, and family friendly community, and (5) sustainability and environmental stewardship. Budget Priorities – included in the budget priorities were (1) continued street maintenance expansion, (2) public safety staffing, (3) economic develop initiatives, (4) competitive compensation plan, (5) Building Inspection staffing, (6) utility infrastructure for replacement of aging infrastructure and expansion of infrastructure to meet growth needs, and (7) manage TMPA debt requirements in Electric Utility. All of these were under the direction of the Strategic Plan. Assumptions for the General Fund– the assessed value increases, property tax rate, sales tax rate and franchise fees assumptions were reviewed. The property tax rate was proposed to be $.68975/$100 valuation. Mayor Watts asked if the additional funding for the franchise fee would be a one-time funding. Springer stated that this would be a re-occurring revenue for street maintenance. He presented the effective tax rate and the rollback tax rate and noted that these figures were preliminary. The appraised values from 2009-2014 were reviewed along with the funding for the street improvement fund. City of Denton City Council Minutes July 31, 2014 Page 2 Council Member Roden recommended that Council and Management have a discussion on new goals for street maintenance when the project was getting closer to stabilization. Mayor Watts felt that the conversation should include realistic goals for street maintenance and his hope was that this pace of street maintenance would eliminate the need for a street maintenance fee. Council Member Johnson questioned if there was a ranking of other cities to compare Denton to in terms of benchmarks that would help set those goals. Springer continued with the sales tax projections, compensation and benefits. Civil Service would receive a 5% increase above survey cities and STEP increases; all others would be a 3% merit increase. Future fiscal year compensation was estimated at 3%. Council Member Gregory asked if a survey was done of major job categories for the bulk of employees to see how they were doing in pay category. Springer stated that an outside comparison was done this year and staff would be reviewing the preliminary results. It appeared that Denton was close to the market. Council Member Johnson stated that there were a lot of new businesses opening in the City and a lot of new growth. He would like to see a study from the time a business received an application for a building permit or Certificate of Occupancy until it was received. He questioned what the number of days was for a permit on a national average and Denton’s average. He felt if a strategy could be developed to get businesses opened faster and selling faster, it would have a positive impact on Denton’s sales tax. He felt more needed to be spent in one department to have quicker results for the City. Council discussed the sales tax increases in prior years and how that compared to the current sales tax. Mayor Watts stated that he had suggested different reporting mechanisms to Planning in order to gather that type of data. He felt that would be part of the process Council Member Johnson was suggesting. Springer continued with the health insurance funding for the City and for employee contributions. Mayor Watts stated that the health insurance budget document had several different figures presented. Springer stated that one of the funds was for budgeted reserves and would not actually be expended. Page 84 in the budget book showed the detail of that fund. The reserve was needed for unforeseen difficult years. He continued with General Fund Proposed and Projected Funding including per capita expenses. One program for expenditure controls was the vacancy management/salary savings program. This program was annual savings from the program from normal turnover and management City of Denton City Council Minutes July 31, 2014 Page 3 control over filling of vacant positions. It added additional flexibility to deal with any revenue shortfalls. Reductions and reallocations for the General Fund were reviewed. Mayor Watts commented that he would like to see what had been saved in efficiency as opposed to reallocations - how much was a true reduction as opposed to reallocations. Springer went through the list noting the reductions as opposed to the reallocations. Mayor Pro Tem Engelbrecht asked about the tree fund in terms of specific ideas to purchase property fully treed to save those tree stands. He did not know about the use of funds for trees in parks and questioned if that had been changed. John Cabrales, Assistant City Manager, stated that there had been no change in policy. There had been a discussion regarding policy in one area of the fund for allowance to purchase treed property and how to identify those properties. One of the original intents of the tree fund was to allow for the purchase of trees to use for public land. However, in the past that fund had not been used for those purchases. An additional intent of the tree fund was for the use of funds for public education. This was not a change in policy but merely a request to use the fund as was allowed. Mayor Pro Tem Engelbrecht stated that he was not in favor of using the tree fund in this manner and felt that the funds needed to be used to purchase property to preserve tree stands. Council Member Johnson felt that this was a good use of the funds in order to increase the tree canopy. The fund currently had more than enough money to spend $15,000 for additional trees. His proposal would be to plant the trees in medians which would send a message to the community that the City was using those funds in accordance with the purpose of the funds. Council Member Roden felt that there needed be additional discussion on the usage of the tree fund. Council Member Gregory felt that it did not have to be an either/or situation. Buying a stand of trees helped maintain the canopy but did not increase the canopy. Purchasing new trees helped increase the canopy and he felt doing both was the right way to go. Council Member Hawkins felt that $15,000 was not a ton of money to spend on new trees. Council Member Ryan suggested that the Committee on the Environment might be a good place to start with recommendations on how to use the funds. Mayor Watts felt that Council needed to jump start the tree ordinance as it had stalled. Council Member Ryan stated that a charge to the Committee on the Environment could be to look at potential purchases in the future. Springer reviewed revenue enhancements and the General Fund Supplemental packages. City of Denton City Council Minutes July 31, 2014 Page 4 Mayor Watts questioned the additional Building Inspector positions requested. He asked if there had been a reduction in staff during the recession and if these positions were just getting back to where City was or was there an increase in the number of inspections needed. Kurt Hansen, Building Official, reviewed the inspection history in terms of number of inspections, number of inspections/day/inspector. Currently there were six inspectors doing about seventeen inspections per day. After adding one inspector who currently was in training and the potential of adding one additional person, the inspectors would have about thirteen inspections per day. The Industry standard was 10 inspections per day. The Inspector Supervisor currently had a full load of inspections which did not allow him to supervisor the inspectors or provide training. The goal was to get to 10 inspections per day which might not be possible. Council Member Gregory stated that this proposal would go along with Council Member Johnson’s proposal to get work done faster. Council Member Johnson felt that this was a needed position to increase the efficiency of the department. Mayor Watts stated that the inspections were regular permit inspection plus commercial permit inspections. Hansen replied yes that it included all inspections done. He currently was also doing inspections to try and help with the work load. Springer noted that the proposed budget included three additional police officers to deal with peak time call volumes. Mayor Watts asked for an explanation for the need for the additional officers. Lee Howell, Police Chief, stated that staff had looked at data over several years and found that the overall response time had increased. Part of the reason was a heavier concentration of calls in a shorter time frame. There were periods of time for free calls but also times when the patrol units were tied and that time increased over the years as well. The practice had been that manpower was reassigned mainly through attrition back to patrol without having to cut services. But services would need to be cut due to the power shift for peak concentration of calls. Mayor Watts questioned what the bike coordinator would do that no current employee could do. Mark Nelson, Director of Transportation, stated that position would coordinate efforts between Engineering, Planning, Transportation and Parks to consolidate the planning for the bike/pedestrian plan. Currently different employees were working on that coordination among all of the different departments. Mayor Watts stated that even the new position would free up time for current employees to do what they did before the bike policy was in place. City of Denton City Council Minutes July 31, 2014 Page 5 Council Member Roden suggested also looking at grant funding that might be available. He felt there was a need for a coordinator who would champion the coordination of all of the aspects of the grant opportunities, etc. Mayor Pro Tem Engelbrecht suggested including grant writing experience in the qualifications for the position. When a person was in place, he would need to maintain the engineering aspect for proper road conditions. Jon Fortune, Assistant City Manager, stated that a bike coordinator would be an enhancement to the progress on the bike master plan but would not take the place of Engineering or Parks role in the program. This position would coordinate the efforts from the various departments and would not be a replacement but an enhancement among the departments. Council Member Gregory stated that the bike plan had five goals and this position would allow the addressing of other parts of the plan with one champion whose responsibility was to coordinate the program. Council Member Roden suggested that the Tech Denton Economic Development Initiative not be limited to the Downtown; to not make it exclusive to the Downtown area but to include all of Denton. Not limit the scope of the project. Aimee Bissett, Director of Economic Development, stated that the program would not be focused on just economic development of the Downtown but would focus on an element of economic development currently not being done. Council Member Roden asked about the potential of the program and how it would go to the next level. Bissett stated that she saw economic development as a spectrum of activity and not just recruitment of industries. The emphasis was moving into the technology area as well so there needed to be a program to help recruit those types of businesses. Council Member Johnson felt that the technology area needed to be thought of in a different way. Technology services did not need a lot of money through incentives but think about a pooled mentality such as space and support to collaborate their business. He would like to discuss at some point what was spent to recruit ten companies in abatements and spend that money in a pooled mentality for a space with a pool for companies to use. Bissett stated that funding this program would help get the City to that level. Council Member Roden stated that the Open + Counter Small Business Support was listed under Economic Development but felt that some of it interfaced with Planning and questioned how that interfaced. Bissett stated that the software helped facilitate small businesses on the development program. It was an on-line program to assist with working through the development process; a support system for small businesses. City of Denton City Council Minutes July 31, 2014 Page 6 Springer continued with supplemental packages that were recommended to be funded in the current fiscal year for Fire and Traffic Control. Council Member Johnson stated that the current process for obtaining a Certificate of Occupancy was to have a day scheduled for Building Inspections to come out, then a time for Community Improvement Services and then a day for Fire but there was no coordination on time. He felt there was a need to coordinate those functions. He questioned if there was a need for all those different people to inspect and if they were needed, could those people do it at the same time. That would minimize an inconvenience to a new customer as the current process for getting a Certificate of Occupancy was inconvenient and labored. He suggested looking for an opportunity for efficiency through technology or efficiency. Figure out how to use technology better for better efficiency. Council Member Gregory stated that some of this rests with the contractor who needed to follow the regulations in the first place. Springer continued with supplemental packages for Internal Services and remaining funds supplemental packages. Council Member Roden stated that the City had a bike and pedestrian plan but did not see any funding for pedestrian accommodations such as sidewalks. In the past it was indicated that there was a list of sidewalk needs but no funding available. He requested information on what it would take to get the sidewalk aspect funded so as to start planning for that. He also requested a renewed policy discussion regarding red light cameras to make sure the City wanted to continue in that direction. Springer presented information on the Tax Increment Reinvestment Zones in terms of base value estimated revenue for funding. Mayor Watts requested an informal staff report on where TIRZ 1 was projected to be and where it currently was. Springer reviewed the Water Utility Fund. Focus was on infrastructure replacement and needed expansion of the system with zebra mussels impacting costs. Other goals were working towards double coverage at Water Plants. There was a proposed policy a change for credit card fees. He reviewed the staff recommendation to have no fee for residential charges, a 2.7% of payment amount for commercial which would result in an estimated savings of $350,000 in credit card processing fees. Council Member Hawkins requested an informal staff report regarding kiosk payments. Springer continued with the five year forecast for Water Utility. Mayor Watts questioned if it was known how much water was bought for the fracking process. Howard Martin, Assistant City Manager, stated that staff could provide that information. City of Denton City Council Minutes July 31, 2014 Page 7 Mayor Pro Tem Engelbrecht questioned if the City was the primary water source for fracking or was it private wells. Martin stated that the use outside the City was between ground water and stock ponds but inside the City, the usage was hydrant sales. Springer continued with the Wastewater Utility Fund. The focus was on infrastructure replacement, expansion and sanitary sewer overflow program. Two new positions were recommended in Reclamation and Drainage with a proposed revenue increase of 6%. He reviewed the five year forecast. Solid Waste and Recycling – major projects included property/permit expansion, a compressed natural gas fueling facility, grease and grit trap processing, and building finish out. Two field service workers and one recycling intern were proposed. A rate increase of 2.9% for a standard cart with recycling and 3.6% for large cart with recycling was proposed. Commercial rates would increase an average of 2.8%. The solid waste five year forecast was reviewed. Electric Utility Fund – issues included TMPA debt payments, replacement of aging infrastructure, construction of transmission system with increase revenue to DME, 10 new FTEs with 5 for the capital program, four for operations, and one for energy management. The budget also proposed the addition of a transmission cost recovery factor and a base rate increase for a 5.5% overall revenue increase. The five year forecast for Electric Utility Capital budget was provided. Springer presented the overall monthly rate impact for the average residential customers which were estimated to be $11.59 per month. He also presented information on the 2014-15 Capital Program. Total new funding including Utilities was $153.3 million with General Government at $32 million. Council Member Ryan asked about vehicle replacement and using a motor pool fund for purchase as opposed to extending debt. Springer stated that there used to be a combined motor pool for Utilities and General Government. General Fund monies were pulled into the General Fund balance instead of having a motor pool. Council Member Gregory stated that he would like a similar analysis of food health inspectors as was done for building inspectors especially in light of the growth of increased restaurants and food trucks. Springer stated that the HOT Fund Committee had presented a proposed budget for this year. The Committee recommended that all of the organizations currently receiving funding that had requested an increase receive a 5% increase. If the organization requested less than 5%, the recommendation was to provide the full increase requested. Council discussed the HOT fund allocations in terms of public criticism that the proposed convention center would take HOT funds away from current recipients which was not the case. City of Denton City Council Minutes July 31, 2014 Page 8 The discussion included the amount of reserve fund, what that fund would be used for, the rent structure for the debt of the convention center and the use of HOT funds for the debt service. Springer reviewed the next steps in the budget process which included a vote on the maximum tax rate, public hearings on the budget, additional budget discussions and adoption of the budget th on September 16. Council Member Roden stated that one item not addressed in the budget was the potential legal consequences regarding the fracking ban and questioned how that would be budgeted. City Attorney Burgess stated that a factor for budgeting would be the manner on how the litigation proceeded. It was anticipated that the Risk Fund could be used for those expenses. Council Member Roden felt that this was an interesting policy discussion if the election passed. As the City was coming into this fiscal year, he questioned what happened if the Risk Fund were depleted and if there was a need to budget for that in this cycle. City Attorney Burgess stated that she had put a bit more money in her consulting fee fund. For litigation, the amount in the Risk Fund was substantial and hinged on policy decisions made by the Council. th Council Member Gregory stated that at the July 15 public hearing, Council had heard from those in favor of the ban that there were pro bono efforts available to the City if needed. He would like to hear the pros and cons of taking up that offer if necessary from Legal in a Closed Meeting. City Attorney Burgess stated that as staff examined the issues, they did not know about the pro bono offer and had not been approached by someone who would represent the City in that capacity. She felt it would be likely that the proponents for the ban would have interested parties that might want to intervene in the lawsuit. Council Member Roden stated that there had been a public request from the Community Market regarding the budget cycle. He was not sure what was decided on regarding an opportunity to fund their request. Brian Langley, Assistant City Manager, stated that the request was looked at as a supplemental package and was not recommended for funding. Mayor Pro Tem Engelbrecht felt that a topic for the upcoming Council retreat would be the Community Market. Mayor Watts stated that he wanted to issue several challenges. One was to find enough money to take care of the one-time supplemental packages proposed in the budget. The second dealt with the Economic Development budget of $220,000; $95,000 which was for personnel and the remaining balance was for the location. That was also combined with a $100,000 grant from the mixed beverage tax. He did not feel comfortable with it being an ongoing expense for that department and that an economic development fund should be started unless the department was going to manage the fund and combine the microgrant into that. He suggested opening the City of Denton City Council Minutes July 31, 2014 Page 9 funding up to the rest of the community for such areas such as neighborhood grants and using the additional $100,000 as an incentive. He also suggested Council look at not having council contingency funds. While it was a small amount of money, tax payers were looking at a tax increase and he struggled with spending every amount of money without an economic development fund established. He liked the budget but would like to cover one-time expenses. Mayor Pro Tem Engelbrecht stated that he did not have a problem with that as long as each Council Member submitted a list of items to reduce and not put that on staff. Council Member Roden restated that Mayor Watts wanted to fund one-time expenses and was suggesting finding that money somewhere else to cut to fund the supplemental requests. Mayor Watts stated that the funding might not be a cut but reallocated. Council had a list from departments for a 5% reduction or reallocation for the next five years. Council Member Roden stated that everything funded from Council contingency funds went back into the community. If Council was going to have a discussion on eliminating those funds, he would like to have a spreadsheet to show what had been funded. Mayor Watts stated that he had no problem with Council Members suggesting cuts but he did not have all of the information to make those suggestions. He felt staff was more qualified to make that decision if needed. Council Member Johnson left the meeting. City Manager Campbell suggested that anyone with suggestions on the budget could send them to him. He would take all those suggestions and visit with staff on where to look for those cuts. With no further business, the meeting was adjourned at 1:30 p.m. ____________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0557,Version:1 Agenda Information Sheet DEPARTMENT:Engineering Services CM/ ACM:Jon Fortune Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceauthorizingtheCityManagerorhisdesigneetoexecuteaPurchase Agreement,byandbetweentheCityofDenton,Texas( City ),asbuyer,andHabibPyaraliArab( Owner ), asseller,toacquire(I)feesimpletitletoa1.398acretract;and(II)aslopeeasementencumberinga0.151acre tract,bothtractslocatedintheM.E.P.&P.R.R.Survey,AbstractNo.1469,CityofDenton,DentonCounty, Texas,andbeinggenerallylocatedinthe1500blockofNorthMayhillRoad(the PropertyInterest );forthe purchasepriceofTwoHundredEightySevenThousandNineHundredDollarsandNoCents($287,900.00), andotherconsideration,asprescribedinthePurchaseAgreement(the Agreement ),asattachedtothe ordinanceandmadeapartthereofasExhibit A ,authorizingtheexpenditureoffundstherefor;andproviding an effective date. (Mayhill Road Widening and Improvements Proj BACKGROUND In January and March 2014 respectively, initial and final Offer( owner, Mr. Arab, in the amount of $230,320.00 for the property i the City. Thereafter, several attempts to negotiate the offer w consultant, without success. Negotiations dialogue between the parties did ramp up as prepara domain hearing scheduled for September 11, 2014. A meeting occu property owner and his attorney, in hopes of seeking a settlemen settlement in the amount provided above was reached, subject to Approval of the ordinance authorizes staff to close the purchase settlement of the matter. OPTIONS 1.Approve the proposed ordinance. 2.Decline to approve the proposed ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the ordinance. City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0557,Version:1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council, June 17, 2014 (Eminent Domain Ordinance 2014-187) FISCAL INFORMATION The overall Mayhill Road Widening and Improvements project is be Toll Revenue (RTR) funds, Denton County Transportation Road Impr City of Denton local match funds. The recommended settlement amo prescribed in the Agreement. EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted: John T. Davis, P.E. Director, Engineering Services Prepared by: LuAnne Oldham Real Estate Specialist City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" EXHIBIT 2 Attachment to AIS 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 Habib Pyarali Arab (referred to collectivelyherein as “Owner”) and the City of Denton, Texas (“City”). WITNESSETH: WHEREAS ,Habib Pyarali Arabisthe Ownerof atract of land (the “Land”) in the M.E.P. and P.R.R. Company Survey, Abstract No. 1469 in the City of Denton, Denton County, Texas, being affected by the Mayhill RoadWidening and Improvements Project(“Mayhill Project) referred to herein as the “Project”); WHEREAS ,Cityis in need of certain(i) feesimple lands, being a part of the Land; and (ii) easements, being a part ofand encumbering the Land,related to the Project; and WHEREAS , it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interestsfor the Project; 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: City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0554,Version:1 Agenda Information Sheet DEPARTMENT:Economic Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT ConsideradoptionofanordinanceapprovinganagreementbetweentheCityofDenton,Texas,andtheDenton ChamberofCommerceregardinganEconomicDevelopmentPartnership;andprovidinganeffectivedate ($227,467). BACKGROUND TheCityCouncilandtheDentonChamberofCommercefirstenteredintoaneconomicdevelopment partnershipagreementin1986.Theattachedcontractrepresentsthe2014-15annualagreementandfundingfor theDentonChamberofCommerceEconomicDevelopmentprogram.TheCitysparticipationconsistsof GeneralFundandUtilityFunddollarsandprovidesfortheadministrationandoperationbudgetoftheChamber of Commerce that includes: ¤ Prospect generation activities ¤ Marketingactivities,i.e.tradeshows,publishing/printing,website(s)administration,marketing materials ¤ Economic Development Partnership Board support ¤ Small Business Development Center support TheChamberwillworkcloselywiththeDentonEnterpriseAirportonbrandingandmarketingefforts,which will be funded directly from the Airports budget. In addition t Chamber of Commerce solicits private sector funding to enhance m The contract with the Chamber has no substantial amendments from RECOMMENDATION TheEconomicDevelopmentPartnershipBoardrecommendsapproval(9-0),oftheproposed2014-15Fiscal YearprogramagreementbetweentheCityandtheChamberofCommerce.Staffsupportstheir recommendation. PRIOR ACTION/REVIEW (Council, Boards, Commissions) TheEconomicDevelopmentPartnershipBoardreviewedthe$227,467budgetandworkplanforthe2014-15 Fiscal Year at their August 12, 2014, meeting and recommended ap City of DentonPage 1 of 2Printed on 9/12/2014 powered by Legistar" File #:ID 14-0554,Version:1 TheEconomicDevelopmentPartnershipBoardreviewedtheproposedprogramagreementbetweentheCity and Chamber of Commerce at their September 9, 2014, meeting and FISCAL INFORMATION TheproposedcontractprovidesforatotalCitycontributionof$227,467,tobefundedasfollows:GeneralFund - $62,628 and Utility Fund - $164,829. EXHIBITS Denton Chamber of Commerce Economic Development Agreement Ordinance Respectfully submitted: Aimee Bissett Economic Development Director Prepared by: Christina Davis ED Marketing Specialist City of DentonPage 2 of 2Printed on 9/12/2014 powered by Legistar" City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 14-0532,Version:1 Agenda Information Sheet DEPARTMENT:Denton Municipal Electric ACM:Howard Martin, Utilities 349-8232 DATE:September 16, 2014 SUBJECT Consideradoptionofanordinancefindingthatapublicuseandnecessityexiststoacquirethroughtheexercise oftherightofeminentdomain(i)feesimpletoanapproximate1.074acretract(the SubstationTract )located intheW.RoarkSurvey,AbstractNo.1087andtheJ.SevereSurvey,AbstractNo.1164,bothinDenton County,Texas,locatedgenerallyalongtheeastlineofU.S.Highway377adjacenttoandeastoftheFort WorthDriveSubstationAddition,and(ii)feesimpletoanapproximate0.627acretract(the PumpStation Tract )locatedintheB.B.B.&C.R.R.Co.Survey,AbstractNo.196andtheJ.W.WithersSurvey,Abstract No.1343,bothinDentonCounty,Texas,generallylocatedwestandadjacenttotheG.C.&S.F.Railroad rightofwayandrunningtothewestrightofwaylineofF.M.Highway1830,and(iii)anapproximate0.476 acreingressandegresseasementtractlocatedintheJ.SevereSurvey,AbstractNo.1164,DentonCounty, Texas,locatedgenerallyalongtheeastlineofU.S.Highway377adjacenttoandsouthoftheFortWorthDrive SubstationAddition,DentonCounty,Texas,and(iv)anapproximate1.802acreelectricutilityand communicationeasementlocatedintheW.RoarkSurvey,AbstractNo.1087,DentonCounty,Texas,located generallyeastoftheFt.WorthDriveSubstationAdditionandrunningtothewestlineofatractoflandowned byCityofDenton,Texas,called37.95acresinDeedrecordedinInstrumentNumber2014-68891,Deed Records,DentonCounty,Texas,(the Citytract )and(v)anapproximate1.793acretemporaryconstruction andaccesseasementlocatedintheW.RoarkSurvey,AbstractNo.1087,DentonCounty,Texas,located generallynorthofandadjacentto1.802acretract;for(A)asconcernstheSubstationTract,ingressandegress easement,electricutilityandcommunicationeasementandthetemporaryconstructionandaccesseasement, thepublicuseofexpansion,construction,maintenance,operation,andimprovementofelectrictransmission anddistributionlines,facilities,andstructures;and(B)asconcernsthePumpStationTract,thepublicuseofa wetweatherpumpstationanddetentionfacilityproject(the HickoryCreekDetentionFacility );asattachedto theordinanceandmadeapartthereof(I)authorizingthefilingandprosecutionofeminentdomain proceedingstoacquirethePropertyInterests;(II)authorizingtheexpenditureoffundstherefore;(III)making findings;(IV)providingasavingsclause;and(V)providinganeffectivedate.(DentonMunicipalElectricFort WorthT1AdditionExpansion,DentonMunicipalElectricFortWorthDriveandFM1830Distribution,and Hickory Creek Detention Facility projects: Burch Family Farms L BACKGROUND OngoingnegotiationswiththeaffectedpropertyownerforthesubjectlandrightsnecessaryfortheDenton MunicipalElectricFortWorthT1AdditionExpansion,DentonMunicipalElectricFortWorthDriveandFM City of DentonPage 1 of 2Printed on 9/10/2014 powered by Legistar" File #:ID 14-0532,Version:1 1830 Distribution, and Hickory Creek Detention Facility projects Approvalofthesubjectordinanceauthorizesstafftoacquirethelandrightsnecessarybywayofexercisingthe Citys eminent domain authority. 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) PUB - September 8, 2014 (Recommend approval of Ordinance, Vote 5 City Council - July 5, 2014 (Final Offer to Purchase Ordinance 2 City Council - June 17, 2014 (Offer to Purchase Ordinance 2014-1 PUB - June 9, 2014, Consent Agenda (Offer to Purchase recommenda FISCAL INFORMATION The1.074acrefeeSubstationTract,0.476acreingressegresseasement,1.802acreelectricutilityand communicationeasementandthe1.793acretemporaryconstructionandaccesseasementarebeingfundedby issuingGeneralObligationBondswhichwillbepaidbyTransmissionRevenuereceivedfromallotherelectric utilities who are members of the Electric Reliability Council of The0.627acrePumpStationTractisbeingfundedbyWastewatercapitalprojectbondsallocatedforthe Graveyard Branch Lift Station and Force Main Project. 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 DentonPage 2 of 2Printed on 9/10/2014 powered by Legistar" EXHIBIT 1 PECAN HICKORY SYCAMORE DENTON DOWNTOWN MORSE MARGIE WILLOWWOOD RICH NTS Site LOCATION MAP Exhibit 1 to the PUB AIS EXHIBIT 2 ORDINANCE NO.2014-_______ AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (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 DENTONCOUNTY, 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 LINEOF U. S. HIGHWAY 377 ADJACENTTO 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 CITY OF DENTON, TEXAS, CALLED 37.95 ACRES IN DEED RECORDED IN INSTRUMENT NUMBER 2014-68891, DEED RECORDS, DENTON COUNTY, TEXAS, (THE “CITY TRACT”) AND (V) AN APPROXIMATE 1.793 ACRE TEMPORARY CONSTRUCTION AND ACCESS EASEMENT LOCATED IN THE W. ROARK SURVEY, ABSTRACT NO. 1087, DENTON COUNTY,TEXAS, LOCATED GENERALLY NORTH OF AND ADJACENT TO 1.802 ACRE TRACT; FOR (A) ASCONCERNS THE SUBSTATION TRACT, INGRESS AND EGRESS EASEMENT, ELECTRIC UTILITY AND COMMUNICATION EASEMENT AND THE TEMPORARYCONSTRUCTION AND ACCESS EASEMENT, THEPUBLIC 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”); AS ATTACHED TOTHISORDINANCE AND MADE APART HEREOF(SAID TRACTS OF LANDAND ALL RELATED INTERESTS THEREIN TO BE ACQUIRED AND DAMAGESRESULTING THEREFROM COLLECTIVELY REFERRED TO HEREIN AS THE “PROPERTY INTERESTS”),(I) AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; (II) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; (III) MAKING FINDINGS; (IV) PROVIDING A SAVINGS CLAUSE; AND (V) PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the “City”) has initiated plans for the expansion of electrical utilities and infrastructureand the construction of a wet weather pump station and detention facility,which affect, among other lands and interests, the Property Interests; WHEREAS, theDenton Municipal Electric Fort Worth T1 Addition Expansion, and Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution Projectsconstitute a valid public use, of the Cityand its citizens; WHEREAS, the Hickory Creek Detention Facility Project constitutes a valid public use of the City and its citizens; WHEREAS, the Citymade a writteninitial offer(herein so called) to Burch Family Farm, Ltd., a Texas Limited Partnership, the Owner of the Property Interests (“Owner”) to purchase the Property Interests on June 25, 2014, pursuant to Ordinance No. 2014-185, passed and approved by the City Council of the City of Denton on June 17, 2014; WHEREAS, the City provided to the Owner of the Property Interests at the time of presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports produced oracquired by the City relating specifically to the Owner’s property prepared in the ten (10) years preceding the date of the Initial Offer; WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did not include a confidentiality provision and further informed the Owner of the Property Interests that suchOwner had the right to (i) discuss any offer or agreement regarding the City’s acquisition of the PropertyInterests with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (the “Non Confidential Notice”); WHEREAS, the City made a written Final Offer (herein so called) to Burch Family Farm, Ltd., a Texas Limited Partnership, the Owner of the Property Interests to purchase the Property Interests on August 6, 2014, pursuant to Ordinance No. 2014-235, passed and approved by the City Council of the City of Denton on August 5, 2014; said date being after the thirtieth th (30) day after the date on which the City made the Initial Offer to the Owner of the Property Interests; WHEREAS, along with such Final Offer, the Owner of the Property Interests was provided a written appraisal from a certified appraiser of the value of the Property Interests and the damages, if any, to any of the Owner’s remaining property; WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or greater than the amount of the written appraisal obtainedby the City; WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a copy of the written appraisal; (ii) copies of the (a) Special Warranty Deed (Substation Deed), (b) Special Warranty Deed (Pump Station Deed), (c) Ingress and Egress Easement, (d) Electric Utility and Communication Easement, and (e)Temporary Construction and Access Easement, all being the instruments proposed to convey the Property Interests sought to be acquired by the City; (iii) the Landowner’s Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the Non Confidential Notice: WHEREAS, the City provided the Owner of the Property Interests at leastfourteen (14) days to respond to the Final Offer and the Owner of the Property Interests did not agree to the terms of the Final Offer within that period; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government Code, in addition to other information, as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interests; WHEREAS, in ordaining the matters set forth herein,the motion to pass and approve this ordinance was stated as “I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (i) fee simple to an approximate 1.074 acre tract (the “Substation Tract”),(ii) fee simple to an approximate 0.627 acre tract (the “Pump Station Tract”) ,(iii) an approximate 0.476 acre ingress and egress easement tract,(iv) an approximate 1.802 acre electric utility and communication easement,and (v) an approximate 1.793 acre temporary construction and access easement tract, for; (a) as concerns the Substation Tract, the ingress and egress easement, electric utility and communicationeasement 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 thePump Station Tract:the public use of a wet weather pump station and detention facility.All tracts are generally located along a noncontiguous 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. Theaffected tracts are located inone of more of the following surveys: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, in Denton County, Texas, and are more particularly described in Exhibit “A” (Property Interests) to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility Projects for the City of Denton, Texas”; and WHEREAS, after due consideration of the public interest to be furthered by theDenton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility Projects for the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The City Council hereby finds and determines that the:Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility Projects,do constitute a valid public use to (a) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement:provide 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 to serve the public and the citizens of the City of Denton, Texas, that the public welfare and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by eminent domain (i) fee simple to an approximate 1.074 acre tract (the “Substation Tract”) and (ii) fee simple to an approximate 0.627 acretract (the “Pump Station Tract”),(iii) an approximate 0.476 acre ingress and egress easement tract, (iv) an approximate 1.802 acre electric utility and communication easement,and (v) an approximate 1.793 acre temporary construction and access easement;all affected tracts are more particularly described in Exhibit “A”attached hereto. SECTION 2.The Council hereby authorizes and directs the filing and prosecution of eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests. SECTION 3.The City Council hereby finds that the Owner was the record title owner of said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided in Section 2, above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interests. SECTION 4.The City Manager, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interests by eminent domain, including without limitation, the authority to expend funds related to the prosecution of such eminent domain proceedings. SECTION 5.The recitals provided in this Ordinance, as set forth above, are specifically and expressly adopted by the Council as express findings by the Council. 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. SECTION7.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of _______________, 2014. ______________________________________ CHRIS WATTS, MAYOR Exhibit "A" - to Ordinance (Property Interests) EXHIBIT “A” LEGAL DESCRIPTION BEINGa 1.074acre tractof land situated in the W. Roark Survey, Abstract No. 1087and the J. Severe Survey, Abstract No. 1164, Denton County, Texas,and being part of a called 222.275 acre tract of land describedas the First Tractin 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: COMMENCINGat a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block AofFort Worth Drive Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Recordsof Denton County, Texas; THENCE North 88°54'50" Eastalong the South line of said Lot 1, Block A,fora distance of 231.58 feet to a 5/8 inch iron rod with cap stamped "TNP" set forcorner attheSoutheast corner of said Lot 1, Block A, said point being thePOINT OF BEGINNINGfor the herein described tract; THENCE North 17°30'27" East along the East line of said Lot 1, Block A, fora distance of 226.58 feet to a 1/2inch iron rod foundfor corner at the Northeast corner of said Lot 1, Block A; THENCENorth 70°04’07" West along the North line of said Lot 1, Block A,for a distance of 288.06 feet to a 1/2inch iron rod found forcorner atthe Northwest corner of said Lot 1, Block A,said point also beingin the Easterlyline of U.S. Highway 377 (a variable width right-of-way); THENCENorth 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; THENCESouth 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; THENCESouth 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; THENCESouth 88°54’50” Westfora distance of 105.51feet to the POINT OF BEGINNING, and containing 1.074 acres of land, more or less. Page 1 of 2 Exhibit "A" - to Ordinance (Property Interests) EXHIBIT "A" LEGAL DESCRIPTION BEINGa 0.627acre tractof 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: BEGINNINGat a1/2 inch iron rod with cap stamped “McCullah” found for cornerin 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; THENCESouth 35°21'14" 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” setfor cornerat 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); THENCESouth 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” setfor corner, from which a 1/2 inch iron rod with cap stamped “Coleman RPLS 4001” found for reference bears South 00°48'32" Easta distance of 440.92 feet; THENCENorth 74°41'47" West departing the West line of said F.M. Highway No. 1830, for a distance of 41.64 feetto a 5/8 inch iron rod with cap stamped “TNP” setfor corner; THENCENorth 27°14'34" West for a distance of 175.42 feet to a 5/8 inch iron rod with cap stamped “TNP” setfor corner; THENCENorth 35°21'14" West for a distance of 651.04 feet to a 5/8 inchiron rod with cap stamped “TNP” setfor cornerin 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°56'57" Westa distance of 802.49 feet; THENCESouth 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. Exhibit "A" - to Ordinance (Property Interests) EXHIBIT "B" Exhibit "A" - to Ordinance (Property Interests) Exhibit "A" - to Ordinance (Property Interests) Exhibit "A" - to Ordinance (Property Interests) EXHIBIT "A" Exhibit "A" - to Ordinance (Property Interests) Exhibit "A" - to Ordinance (Property Interests) Exhibit "A" - to Ordinance (Property Interests) Exhibit "A" - to Ordinance (Property Interests) EXHIBIT Exhibit "A" - to Ordinance (Property Interests) Exhibit "A" - to Ordinance (Property Interests) Exhibit "A" - to Ordinance (Property Interests) City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z14-0012,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,providingforan initialzoningandlanduseclassificationofNeighborhoodResidential6(NR-6)onapproximately34.73acres oflandlocatedonthesouthsideofEdwardsRoad,approximately500feetwestofSwisherRoad,intheCityof Denton,DentonCounty,Texas;andprovidingforapenaltyinthemaximumamountof$2,000.00for violationsthereof,severability,andaneffectivedate(Z14-0012).ThePlanningandZoningCommission recommends approval (6-0). BACKGROUND UponannexationintotheCityofDentonin2013,aspartofDH-9,thesubjectpropertywasassignedadefault zoningclassificationofRD-5.ThisisaplaceholderuntilanofficialzoningdistrictisapprovedbytheCity Councilattherequestofthepropertyowner.Therefore,theapplicantisrequestinganinitialzoningdistrictof NR-6 to facilitate the development of Villages of Carmel Phase 5 BoundariesofthezoningrequestincludeEdwardsRoadtothenorth,VillagesofCarmel2Ctothewest,and thefuturealignmentofPostOakBoulevardtotheeast.Developmentofthesitewillrequireimprovementsto EdwardsRoadandright-of-waydedicationforthefuturePostOakBoulevard,anorth-southprimaryarterialon theMobilityPlanthatwouldlinkthispartofthecitytoI-35E.Aseparaterezoningrequestforthepropertyto thesouthhasalsobeensubmittedtofacilitateVillagesofCarmelPhase4.Thisrezoningrequestisstill currentlyunderreviewbytheDevelopmentReviewCommittee,howeveritisanticipateddevelopmentofthese twoPhasestogetherwillrequirecompletededicationoftheentirePostOakBoulevardright-of-waybetween EdwardsRoadandPockrusPageRoad.TheneighborhoodhasexpressedastrongdesiretoseePostOak Boulevardconstructedinthisareainordertorelievecut-throughtrafficonCaminoRealTrailtothewestand Swisher Road to east. Staffsent17certifiednoticesofthepublichearingtopropertyownerswithin200feetofthesubjectproperty and67courtesynoticestoresidentswithin500feetoftheproperty.Theapplicantalsoheldaneighborhood meetingonJune12,2014.Thediscussionatthismeetingprimarilyfocusedonthealignmentandconstruction timetableofPostOakBoulevard.Asofthiswriting,staffhasreceivedoneresponseinfavorandoneresponse in opposition to the request. City of DentonPage 1 of 3Printed on 9/12/2014 powered by Legistar" File #:Z14-0012,Version:1 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (6-0). The Development Review Committee recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT Not Applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnApril6,2010,theCityCouncilapproveda3-YearAnnexationPlanforcertainproperties(DH-9).The subject property was part of DH-9. OnApril16,2013,byOrdinance2013-096,theCityCouncilapprovedannexationofthepropertywitha default zoning classification of Rural Residential (RD-5). On August 13, 2014, the Planning and Zoning Commission recommend FISCAL INFORMATION Not Applicable. BID INFORMATION Not Applicable. EXHIBITS 1.Staff Analysis 2.Site Location/Aerial Map 3.Zoning Map - Existing 4.Zoning Map - Proposed 5.FEMA/ESA Map 6.Letter From Applicant 7.Notification Information Map 8.Site Photos 9.Post Oak Road Map 10.August 13, 2014 P&Z Minutes City of DentonPage 2 of 3Printed on 9/12/2014 powered by Legistar" File #:Z14-0012,Version:1 11.Draft Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director, Planning & Development Prepared by: Michael J. Bell Associate Planner City of DentonPage 3 of 3Printed on 9/12/2014 powered by Legistar" Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date:August 13, 2014TYPE:Rezoning CC Date:September 16, 2014PROJECT #:Z14-0012 Project Number: Z14-0012 Request: To approve an initialzoning of Neighborhood Residential 6 (NR- 6) on an approximately34.73 acres. Applicant: Rod Zielke, P.E. ZPS Consulting Engineers 1111 Main St., Suite 129 Grapevine, TX 76051 Property Owner: Zach D. Mason –Trustee Mary L. Mason Children’s Trust 9901 IH-10W San Antonio, TX 78230 Location: The property is located on the south side of Edwards Rd., approximately 500 feet west of Swisher Road. Size: 34.73+ Existing Zoning RuralResidential(RD-5X) Designation: Proposed Zoning Neighborhood Residential 6 (NR-6) Designation: Future Land Use: Neighborhood Center Case Planner: Michael J. Bell DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL Z14-0012 of. Summary of Staff Analysis: This request is to rezone an annexed property (DH-9) to Neighborhood Residential 6 (NR-6) zoning district. The NR-6 zoning request is consistent withthe property’s future land use designation of Neighborhood Centers. It is also consistent with usesonsurrounding propertiesto the sitewhichincludePhases1, 2, and 3of the Villages of Carmeland the Preserve at Pecan Creek. A rezoning to NR-6 for Phase 4of the Villages of Carmel, to the south of the subject property, is also currently under review by the City of Denton Development Review Committee. Approval of NR-6 on the 34.73 acre site would permit a maximum density of 208 single-family residential units. With the exactionsrequired at the time of platting, including right-of-way dedication and public infrastructure improvements, there willbe sufficient public utilitiesand services to service the site. The Denton Independent School District has also indicated they have adequate capacity to serve the proposed development. The site currently includes three tracts totaling approximately 45 acres shown in Exhibit 7 as “Original Tracts.”Only the most western 34.73 acres of these properties are included in this rezoning request as the northward extension of Post Oak Boulevardwill bisect these properties. The area east of Post Oak Boulevardwould remain RD-5X. The Site Location/Aerial Mapin Exhibit 2shows the 34.73 acres included in the request and reflects the ultimate alignment of this road. Findings of Fact 1.The request is for an initial zoning designation of Neighborhood Residential 6 (NR-6) on 34.73 acres. 2.Project History: a.The subject property was included in the City of Denton’s 3-Year Annexation Plan Ordinance for DH-9 on April 6, 2010. b.Anon-annexation agreement for portions of DH-9 was approved on December 19, 2012 by ordinance 2012-362. c.The subject property was annexed into the City of Denton on April 16, 2013 by Ordinance 2013-096 and was given a default zoning classification of Rural Residential 5X (RD-5X). 3.Denton Plan: a.The Future Land Use designation on the property is “Neighborhood Centers.” The NR-6 is one of the seven zoning district categories that are within the “Neighborhood Centers”future land use category. b.According to the Denton Plan, “within urban and urbanizing are of the city, new development may develop in traditional patterns. 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 the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision of 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.” NRMU and NRMU-12 zoning districts are located adjacent to the property to the south. These areas form the Neighborhood Center that would service the proposed rezoning. 4.Existing Site Conditions: a.The subject propertyis undeveloped. Surrounding properties to the south arealso undeveloped. Adjacent land uses include twomanufacture homes to the north, the Villages of Carmel subdivision to the west, and rural, single-family residences to the east. b.City-wide there are approximately 1,352.89acres of land designatedas NR-6zoning district. c.Adjacent zoning districts include RD-5X to the north, NR-6to the west, Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) to the south, andRD-5X and Extraterritorial Jurisdiction (ETJ) to the east. d.Land uses within ¼ mile radius of the site include approximately 218.49 acres; of which 119.51 are residential, 78.42 are agricultural, 7.96 are commercial, and 4.62 are undeveloped. e.A portion of the property is encumbered by Upland Habitat Environmentally Sensitive Area. Development in this area will be subject to the provisions of Subchapter 17 of the Denton Development Code. 5.Infrastructure: a.The site is not platted. Preliminary and final platting is required prior to any additions/improvements to the property and prior to the issuance of building permits. b.Water is available by extending a 12-inch main along Edwards Rd., from the existing 12-inch main at the Swisher Road intersection to the existing 12-inch main in front of Villages of Carmel 2B. c.Sewer is available via extending an 8-inch gravity sewer main along the applicant’s full Edwards Rd. frontage, discharging into the existing 8-inch gravity main at the Swisher Rd. intersection. d.Post Oak Boulevardis classified as a Primary Major Arterial (135-ft. right-of-way) and an unimproved perimeter street. The exact alignment of this roadway mustbe established prior to development and the full width of the street is required to be constructed upon final platting. e.Edwards Road is classified as a Commercial Mixed Use Collector (73-ft. right-of-way) and an unimproved perimeter street. Construction of 8-foot sidewalk, curb and gutter, and required drainage improvements are required across the entire frontage of Edwards Road. f.A master drainage plan is required upon preliminary platting. On-site detention may be required. g.Electric service will be provided by Denton Municipal Electric (DME). Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that the request with the surrounding land uses and IS CONSISTENTIS CONSISTENT general character of the area, with the Denton Plan, and 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: Employment Center Extraterritorial Jurisdiction(ETJ)Rural District 5X(RD-5X) Industrial (EC-I) (Farm & Ranch)(Single-Family/Mobile Homes) (Commercial) West:Subject Property:East: Neighborhood Residential 6(NR-6)Rural District 5X (RD-5X)Rural District 5X (RD-5X) (Single-Family Subdivision)(Undeveloped)(Single-Family/Rural) Southwest:South:Southeast: Neighborhood Residential Mixed Use (NRMU) & Neighborhood Residential 6 (NR-6)Rural District 5X (RD-5X) Neighborhood Residential Mixed (Single-Family Subdivision)(Single-Family/Rural) Use 12 (NRMU-12) (Undeveloped) Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The subject property is currently designated asRD-5Xand is undeveloped.Adjacent zoning districts include RD-5X to the north, NR-6 to the west, Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) to the south, and RD-5X and Extraterritorial Jurisdiction (ETJ) to the east.Land uses within ¼ mile radius of the site include approximately 218.49 acres;of which 119.51 are residential, 78.42 are agricultural, 7.96 are commercial, and 4.62 are undeveloped. Comprehensive Plan: The proposed zoning of NR-6 complies with the future land use designation of “Neighborhood Centers” and complies with many goals of the Denton Plan including: Allowing growth along the southern borders of the city, provided development pays its own 1. way (Denton Plan, p. 23). Public infrastructure and services will be provided by the developer upon platting. Within the undeveloped and urbanizing areas of the city, new neighborhoods may develop 2. in traditional patterns (Denton Plan, p. 37). Subchapter 16 of the Denton Development Code will regulate the development of the subdivision. all new development to be contiguous to existing development(Denton Plan, p. 3.Encourage 40). The proposed NR-6 zoning is contiguous to the Villages of Carmel to the east. Require adequate levels of service and public facilities prior to residential development. 4. Adequate public facilitiesshall be a criterion by which zoning is granted (Denton Plan, p.41 ). Adequate public services and facilities will be provided as outlinedbelow. Subject PropertyFuture Land Use/Zoning allocation Change Based Upon 34.73± acresCurrent Allocation in the CityProposed Allocation Request RD-5X11,568.2811,533.55-34.73 NR-61,352.831,387.56+ 34.73 Nearest Fire, and EMS Station: Approximate Distance From Name of Station Subject Property Fire/EMSStation 6,3232 Teasley Ln.± 3.03mi. Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 34.73± acresProposed Demand or No) Potable Water 312(peak)Yes Consumption (GPD) Wastewater 184 (peak)Yes Generation (GPD) B.Available Capacity: Water is available by extending a 12-inch main along Edwards Rd., from the existing 12-inch main at the Swisher Road intersection to the existing 12-inch main in front of Villages of Carmel 2B. Sewer is available via extending an 8-inch gravity sewer main along the applicant’s full Edwards Rd. frontage, discharging into the existing 8-inch gravity main at the Swisher Rd. intersection. C.CIP Planned Improvements: There are no planned CIP improvements for potable water or sanitary sewer facilities serving the subject site. Roadways/Transportation Network: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 2.38 ± acresProposed Demand or No) Average Annual 1,442Yes Daily Trips (AADT) PM Peak Hour Trips144Yes B.Available Capacity: The right-of-way dedication and developer improvements required at the time of platting will provide Post Oak Boulevard and Edwards Road the capacity to accommodate the additional trips created from 208 additional single-family dwelling units in this location. C.Roadway Conditions: Post Oak Boulevard is classified as a Primary Major Arterial (135-ft. right-of-way) and an unimproved perimeterstreet. The exact alignment of this roadway must be established prior to development and the full width of the street is required to be constructed upon final platting. Edwards Road is classified as a Commercial Mixed Use Collector (73-ft. right-of-way) and an unimproved perimeter street. Construction of 8-foot sidewalk, curb and gutter, and required drainage improvements are required across the entire frontage of Edwards Road. D.CIP Planned Improvements: There is a proposed CIP project for the Mayhill Road to the west of this development. Environmental Conditions: A.There are no Environmentally Sensitive Areas on site. Park Facilities: Spc. Ernest W. Dallas Jr. Veterans Memorial Park –approximately 0.51 miles to the south. BriercliffPark –approximately 1.05 miles to the southwest. Pebblebrook Open Space –approximately 2.13 miles to the northwest. Wells: There are no gas wells on site. Electric: Electric service will be provided by DME. Airports: The subject property is not located within any Airport overlay districts. Comments from other Departments: None. Exhibit 10 August 13, 2014, P & Z Minutes 3.PUBLIC HEARING: A.Hold a public hearing and consider making a recommendation to City Council regarding an initial zoning of Neighborhood Residential 6 (NR-6) on approximately 34.73 acres. The subject property is generally located on the south side of Edwards Road, approximately 500 feet west of Swisher Road. (Z14-0012, Villages of Carmel Phase 5, Mike Bell) Lockley introduced Bell. Bell stated this is a recommendation to City Council regarding an initial zoning of Neighborhood Residenial-6 on 34.73 acres. The site is located on the south side of Edwards Road and approximately 500 feet west of Swisher Road. The Future Land Use is Neighborhood Centers, the zoning categories are Neighborhood Residential 1 through Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential Mixed Use (NRMU). The site is currently designated Rural Residential (RD-5X), the permitted density is 6 dwelling units. The proposed zoning is Neighborhood Residential 6, which are 208 permitted dwelling units. Bell provided the Vicinity Map, including the eastward expansion of villages of Carmel, and Post Oak Boulevard extension. Staff sent out 17 Public Hearing notices to property owners within 200 feet of the subject site, and 67 courtesy notices to property owners within 500 of the subject site. At this time staff has received one returned response in favor and one returned response in opposition of this request based on the conditions. Bell stated the conditions would be correct during the platting process along with the street improvements. The criteria relevant to a zoning change are listed below. 1. the proposed rezoning conforms to the Future Land Use Element of the Denton Plan; and 2. the proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks, and other public requirements and public convenience. Bell stated the Development Review Committee recommends approval of this request, and the applicant is present. Bentley stated Edwards Road has to be upgraded during the platting process; Bell confirmed. Bentley questioned if this property is rezoned, how long it takes for the plat to be required. Bell stated there are no time restrictions. Bentley referred to the Villages of Carmel, Phases 1-4; Bentley requested the status on the Villages of Carmel development. Bell stated Phases 2-3 are in the final platting process, and Phase 4 is going through the Development Review process at this time. These items will come before this Commission within the next four months approximately. Bentley questioned how old the aerial map is, Bell stated 2013. Bentley questioned when the development originally started. Bell stated he isn’t aware, the applicant is present and can address those questions. Bentley stated this looks like a land graph, there are a lot of lots that aren’t developed; Bentley questioned the intent to keep proposing new lots when the current ones aren’t developed. Bell stated some are for future purposes, and some of the developments are in the process; with construction to begin soon. Taylor referred to Phase 4 of the development questioning the plans for rezoning. Bell stated he is in process with the applicant to maintain part of the zoning as NRMU and considering part as NR-6. There was no further discussion. Schaake opened the Public Hearing. Leo Miller, 3091 Swisher Road, Denton, Texas. Miller stated there aren’t a lot of roads that run along Swisher Road. Miller stated his concern is with all the traffic in the area from the neighborhoods and from traffic coming from Mayhill Road. Miller stated he understands neighborhoods are coming to come to the area and have to be developed. He stated he doesn’t fully support nor oppose the request. The concern is that the road needs to be developed to withhold all the traffic. There aren’t many sidewalks to the area so it makes it difficult to walk the area without having to walk in the streets. Miller stated he challenges Condition 2, not all of the those have been met. Georgina Nunez, 3325 Swisher Road, Denton, Texas. Nunez stated she is opposed to this request. There are too many people in the area. Nunez stated Swisher Road is an old black top residential road; it isn’t setup for this much traffic. This should be a nice quiet area to live in, her parents lived there for over 40 years, and she has resided there for over 20 years. She would suggest having larger lots put in the area; this would cut down on the amount of added people to the area. There aren’t sidewalks, not even a shoulder on the road. Nunez stated Post Oak should be developed before this development is allowed. Kevin McCormack, 3031 Swisher Road, Denton, Texas. McCormack stated he lives on the corner of Pockrus Page Road and Swisher Road. He has resided in this property for 35 years. This area has been short changed for roads and utilities. In 1999, when Preserve at Pecan Creek and Pockrus Page were developed it terminated Pockrus Page and I-35. Then Edwards Road was promised to be extended by the time the school opened. The school opened in 1999, and it has finally been extended to Lakeview. The road width was supposed to be 60 foot and it is 30 foot. The traffic survey of the area shows 17,000 cars a week on Swisher Road. McCormack requested this area be developed as a City park; this land needs to be protected. Joseph Courville, 3500 Monte Verde Way, Denton, Texas. Courville stated he resides near the wooded area. Courville stated he agrees with the residents, there needs to be a road that relieves the traffic in the area. Courville stated he believes there has been 14 acres set aside in the area to develop a park. He stated he is concerned about the traffic, and he hasn’t been able to get the Police Department to protect the area. There is a lot of through traffic, there aren’t speed bumps and people speed through the area. There are no signs to prevent people from cutting through. All the homes front the road. For this to be a future agenda item for the item in red it needs to be looked at for the use. Courville stated he supports this request. There was no one else to speak on this item, Schaake closed the Public Hearing. Strange questioned the current street condition, and existing road. Bell stated the issue currently is the zoning. The zoning has to be in place for the developer to be required to develop the road. The developer will fund their portion of the street costs based on how many trips their development will generate. Strange questioned who they pay the funds to; Escobar stated when the property comes in for the platting process the Denton Development Code would require them to dedicate the right-of-way at Edwards Road and Post Oak. Taylor questioned how the proportionality is determined; Escobar stated it is based on the land use and what the applicant is proposing. This will determine the number of lanes required; each lane can handle so many vehicles depending on the classification of the road. Taylor questioned the fastest possible speed in the process of the Capital Improvement Project, based on the getting a project like this added to their lists of projects. Escobar stated the area just between Edwards Road and Pockrus Page Road would be approximately two to three years. Taylor questioned if that time includes the funding as well. Escobar stated approximately five years for the funding, design, and construction. Bentley stated something to consider in regards to the timing of the roads is the existing roads could have closures due to the construction of the proposed roads. Bentley referred to projects in Fort Worth, where the developers were building faster than the City could construct the roads. Bentley questioned these Phases of the subdivision being a part of a Master Planned Community (MPC). Lockley stated the developers usually move faster in their processes than the City can keep up with. Lockley stated a suggestion could be mad in regards to moving forward with this decision including the suggestion of a MPC. Bentley stated the Commission isn’t required to approve the zoning. Lockley stated that is correct. Bentley questioned what the developer is to do in the cases where the City cannot keep up with the pace of the developers. Lockley stated it depends on what infrastructure needs to be completed to support the site. It is not uncommon that we would enter into a Developer’s Agreement. Bentley referred to Rayzor Ranch, the developer paved the roads they knew were going to be an issue in the future. Lockley stated that is also an option. Bentley stated he would motion to deny this request; the request seems premature at this time. There aren’t enough plans in place to approve this request. Bentley stated he isn’t opposed to the developer. There is Phase 4 still in the process that this Commission hasn’t reviewed at this time and is unaware of what is proposed for that phase. This project is going to need more support of the street as well. Bentley stated if the developer wanted to postpone their request that would be a good idea. Bentley withdrew his motion in order to allow the applicant to speak. Rod Zielke, 1111 Main Street, Grapevine, Texas. Zielke stated he wished these comments were made prior to this time in the meeting. Approximately all but 90 lots have been sold out; Zielke stated they are looking for completed construction. The final plat and plans have been approved already for the phases. This development is a high demand for this area of town. Conner stated previously it was mentioned that Edwards Road is already under construction. Zielke stated that is correct. Conner stated he drove to the site within the last few days and there was no construction on Edwards Road. Zielke stated it is, citizen spoke in and stated approximately 100 feet is under construction by the golf course. Zielke stated the area indentified in red on the provided site plan is owned by separate people. There are multiple owners to the area and they are trying to work together to develop the site. Briggle reminded the audience at this time this Commission I sonly reviewing the initial zoning of the site. This is not the approval of the development. She stated nothing would be developed on the site until a final plat has been submitted and approved. Briggle stated the concerns for the neighborhood can be addressed at future meetings. Taylor stated the Post Oak street development is probably not going to happen anytime soon. This will also not happen until the developments are established. It is a catch twenty-two. Commissioner Amber Briggle motioned, Commissioner Devin Taylor seconded to approve this request. Motion approved (6-0). Commissioner Amber Briggle, aye, Commissioner Devin Taylor, aye, Chair Jean Schaake, aye, Commissioner Brian Bentley, aye, Commissioner Thom Reece, aye, Commissioner Frank Conner, aye, and Commissioner Jim Strange, aye. Exhibit11 DraftOrdinance CITY OF DENTON Exhibit 2 Site Location/Aerial Map SITE µ Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property Site of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most Parcels current and accurate information possible. No warranties, 0105210420 expressed or implied, are provided for the data herein, its Feet CITY OF DENTON Exhibit 3 Zoning Map - Existing ETJ NRMU-12 NR-6 ETJ NRMU-12 PD NR-6 NR-6 RD-5X SITE NR-6 NRMU NR-6 NRMU-12 NRMU PD µ Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should SiteNRMU-12 not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ETJPD of the City of Denton and have been made available to the public based on the Public Information Act. The City of NR-6RD-5X Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, NRMU 0105210420 expressed or implied, are provided for the data herein, its Feet CITY OF DENTON Exhibit 4 Zoning Map - Proposed ETJ NRMU-12 NR-6 ETJ NRMU-12 PD NR-6 NR-6 RD-5X SITE NR-6 NRMU NR-6 NRMU-12 NRMU PD µ Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should SiteNRMU-12 not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ETJPD of the City of Denton and have been made available to the public based on the Public Information Act. The City of NR-6RD-5X Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, NRMU 0105210420 expressed or implied, are provided for the data herein, its Feet CITY OF DENTON Exhibit 5 Environmentally Sensitive Area Map SITE µ LEGEND The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should Site50 Ft not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property Upland100 Ft of the City of Denton and have been made available to the public based on the Public Information Act. The City of Water Related Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, 0105210420 expressed or implied, are provided for the data herein, its Feet Exhibit 6 Applicant Narrative Project Narrative Villages of Carmel, Phase 5 Proposed NR-6 Single Family Zoning This 38+/- acre property is located just north and east of the overall Master Plan of the Villages of Carmel and is adjacent to and south of Edwards Road and approximately 400 feet west of Swisher Road and appears to be currently un-zoned and un-platted. Owner/Buyer is considering developing as single family detached similar to NR-6 . A recent Pre-Application review was conducted by the DRC (PAC14-0036) which discussed and addressed Existing and Proposed Site Conditions and Proposed Inf Post Oak Blvd. currently ends on the south side of Pockrus Page Rd., south from the subject property. The Mobility Plan indicates Post Oak Blvd. would be extended through this property. The intent of this zoning/re-zoning is to include the property bounded on the east by the to be determined Post Oak Blvd. ROW, west to the west property line. The legal description provided on of the Post Oak ROW alignment but it is understood that a process w with City Staff to ultimately determine the actual alignment of Post Oak Blvd. and ultimate property description. The current intent is to develop the property in association with the adjacent Villages of Carmel a share access and amenities etc. An innovative Tree Preservation property which this project could share and contribute to. The subject property has two future land use categories Neighborhood Centers and Existing Land use. The proposed NR-6 zoning district is consistent with both existing and future land use designations. Based on a future Tree and ESA determination a location would be determined to satisfy unconstrained open space requirements to serve the neighborhood. CITY OF DENTON Exhibit 7 Notification Information Map 500 FT COURTESY NOTICE AREA 200 FT LEGAL NOTICE AREA SITE µ LEGEND The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property Site of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most Original Tracts current and accurate information possible. No warranties, 0105210420 expressed or implied, are provided for the data herein, its Feet Exhibit 8 Site Photos Looking south from east end of Edwards Rd. towardsESA area on subject property. Looking south from west end of Edwards Rd.towards subject property. Looking north from Edwards Rd. from subject property. Looking northwest from Edwards Rd. from subject property. Exhibit 9 Post Oak Road Map Post Oak Blvd. Future Extension The Preserve at Villages of Villges of Carmel Phase IV Carmel Pecan Creek (PROPOSED) Glenwood Village City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:MSD14-0001,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. DATE:September 16, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceoftheCityCounciloftheCityofDenton authorizingtheacceptanceofdeedrestrictionsprohibitingtheuseofdesignatedgroundwaterfrombeneatha 34.06acrepropertygenerallydescribedas100and306NorthStateLoop288andincludingthefullwidthof adjacentRightofWaysofNorthStateLoop288,MarketStreet,andE.McKinneyStreet(FM426),generally atthenortheastcornerofMcKinneyStreetandNorthStateLoop288,Denton,Texas,tofacilitatecertification ofamunicipalsettingdesignation(MSD)ofsaidpropertybytheTexasCommissiononEnvironmentalQuality (TCEQ), pursuant to the Texas Solid Waste Disposal Act; and prov BACKGROUND ThesubjectpropertyislocatedatthenortheastcornerofMcKinneyStreetandLoop288.Therewas previouslyalumberyardonthesouthernportionoftheproperty.ThereisaDentonCountybuildingonthe northernportionoftheproperty.Themajorityofthepropertyremainsundeveloped.APhase1environmental assessmentwasperformedonthesitepriortobeingacquiredbythecurrentowner.Duringthatassessment,no concernswereraisedaboutcontamination.However,duringaPhase2environmentalassessment, contaminantsintheshallowgroundwaterwerediscoveredontheproperty.Theapplicantisproposingto address this contamination through a Municipal Setting Designati th In2003,the78TexasLegislaturepassedaMSDlawconcerningrequirementsforremovingcontaminants fromgroundwater.ThelawauthorizestheTexasCommissiononEnvironmentalQuality(TCEQ)toreceive, process,andcertifyMSDapplicationsforpropertieswithcontaminatedgroundwaterthatarelocatedwithinthe corporatelimitsorextraterritorialjurisdiction(ETJ)ofmunicipalities.However,theTCEQrequiresan applicanttoprovidea resolutionorordinanceofsupport frommunicipalitiesinwhichtheMSDisbeing soughtaspartoftheMSDapplicationprocess.ThiscaseiscomingbeforetheCityCouncilforactiontomeet the TCEQ requirement for municipal support. TheaforementionedMSDlawprovidesanewalternativeforpeoplewhowishtovoluntarilyaddress groundwatercontamination.Ineffect,theMSDlawsetsconditionsforMSDpropertiesthatlimitthe requirementforcontaminatedgroundwatertoberemediatedtopotablewaterstandards.Assuch,MSDsare applicableincaseswherethedesignatedgroundwaterisnotcurrentlyusedforpotablewaterandwilllikelynot beusedforpotablewaterpurposesinthefuture.TheMSDitselfensuresgroundwaterexposureswillbe City of DentonPage 1 of 4Printed on 9/12/2014 powered by Legistar" File #:MSD14-0001,Version:1 minimizedbyestablishingrestrictiveconditionsthatprohibitthefutureusesofdesignatedgroundwaterfor potablepurposes.Prohibitionmustbeintheformofaresolutionorordinancethatisenforceablebythe Municipality.Themunicipalresolutionorordinance,inturn,requiresestablishmentofadeedrestriction prohibitingtheuseofthedesignatedgroundwaterforpotablepurposes,andspecifiesthatthisdeedrestriction must be filed in the County property records of the site. ThepurposeoftheMSDlawistoprovidealessexpensiveandfasteralternativetoexistingstateenvironmental regulationsconcerninggroundwater.Ingeneral,theMSDlawrecognizesthatinsomelocationsnooneis usinggroundwateraspotablewaterinthevicinityofacontaminatedgroundwaterzone.Thelawfurther recognizesthatuseofthedesignatedgroundwaterasafuturepotablesourceisunlikelybecauseapublicsupply thatreliesonanothersourceofwaterisavailableand/orthegroundwaterinquestionisnoteconomicalto developforuseasasupply.Insuchcases,aprohibitionisplacedonthedesignatedgroundwaterbeneaththe MSDpropertytopreventtheuseofthecontaminatedgroundwater.TheMSDensuresthatpublichealthis protectedbyestablishingalegalmechanismthateliminatesthepossibilityofthedesignatedgroundwaterbeing used for potable purposes. ItisimportanttonotethatalltheMSDaccomplishesistheestablishmentofadeedrestrictionthatdesignates groundwateratthesiteasnon-potable,whichfacilitatesremovaloftherequirementtoevaluatecontaminant concentrationsforcertaintypesofgroundwaterexposurepathways.Tounderstandwhatthismeanswithina regulatorycontextrequiresabriefsummaryoftheStatesapproachtocleanupforthesekindsofsites.In generalterms(realizingthatthisisahighlycomplexseriesofregulations),Statecleanup standards arebased ontheconceptofProtectiveConcentrationLevels(PCLs)foranappropriateexposurepathway.Incaseswhere groundwaterispresentandisthoughttobecontaminated,theStateusuallyrequiresthecleanup standard to includegroundwateringestionPCLsbecauseofthenotionthatsomeonemightusethisgroundwaterforpotable purposesatsometimeinthefuture.ThesetypesofgroundwaterPCLstendtobethemostrestrictivePCLs (requirethecontaminanttobecleaneduptothelowestconcentrationofallcleanupstandards)becausetheyare basedontheexposurepathwayofconsumingthegroundwaterrepeatedlyoverlongperiodsoftime.TheMSD, however,offersaprocesstorecognizethatthegroundwaterexposurepathwaymightnotbeappropriatein circumstanceswherethegroundwaterisunlikelytobedevelopedforpotablepurposesduetonaturallypoor waterquality,lowyieldpotential,orinsituationswherewaterfromamunicipalsupplyisreadilyavailable.In otherwords,byusingarestrictivemechanismtoensurethatthegroundwaterwillnotbeusedforpotable purposes,theTCEQcanremovetherequirementsforcertaingroundwatercleanupstandardsandapplythenext most stringent standards applicable to the site in question. State Regulatory Requirements for Voluntary Cleanup Program (VCP Asmentioned,theMSDineffectallowsthesiteownertoremediatetothemostappropriatehumanhealthand ecologicalexposurepathways,sincethedesignatedgroundwaterwillnotbeusedforpotablepurposesatthe site.However,intermsofoverallsitecleanup,theMSDitselfdoesnotofferamechanismtoobtainaclosure letterforthesitefromtheTCEQ.Theonlywayforapropertyownertoobtainaclosureletter(orequivalent) fromtheTCEQistomeetalltherequirementsoftheTCEQsVoluntaryCleanupProgram(VCP).Meetingall therequirementsoftheVCPwithina non-MSD situationwouldrequirethatallconstituentsinall environmentalmediameetapplicablePCLs.WithanMSD,theapplicantnolongerhastomeetthe GroundwaterIngestionPCLsorGroundwaterProtectionPCLs(forsoil/groundwaterinteraction).However, the site still must meet the next appropriate (and most stringen Influence on surrounding property TheissueofanMSDhavinganinfluenceonsurroundingpropertyisakeyconsideration.Itisimportanttonote thattherestrictionsforpotablewaterusethatareimposedasapartofanMSDareonlypertinenttothe City of DentonPage 2 of 4Printed on 9/12/2014 powered by Legistar" File #:MSD14-0001,Version:1 groundwaterthatisdesignatedwithintheMSD.Forthisparticularproperty,thismeansthatonlytheshallow groundwaterthatisdeemedpotentiallycontaminatedandisdesignatedthroughtheMSDwillbesubjectedto anyrestrictions.Basedontheinformationsubmittedbytheapplicantsconsultant,itcouldnotbeconcluded thattheplumeofcontaminantsinthegroundwaterofthesiteiscontainedwithinthepropertyboundary. Therefore, is unknown whether the surrounding properties have gr Contaminant(s) of Concern Analysesofgroundwatersamplesatthesiteindicatedconcentrationsofarsenic,lead,andseleniumabovethe StateofTexasingestionprotectiveconcentrationlevels(PCLs)forgroundwater.Thegroundwaterislocated approximately6to12feetbelowthesurface.Thesourcesofthesecontaminantsaresuspectedtobepastland usesandthedrainageditchesconveyingrunofffromLoop288andMcKinneyStreet.Thehighestlevelof contaminantsdetectedinthegroundwatersamplesandtheiringestionprotectiveconcentrationsarelisted below, along with the TCEQ ingestion PCL. GW Chemical ofHighest Conc.Ingestion PCLGW Ing ConcernDetected(mg/l)(mg/l) Arsenic0.3570.01 Lead0.6230.015 Selenium0.06630.05 Concentrationsofothercontaminantssuchassilver,barium,cadmium,totalchromium,andmercurywerealso assessed.Thelevelsdetectedforthesecontaminantswereeitherbelowtheprotectiveconcentrationlevels, belowbackgroundconcentrations,orbelowthemethodquantitationlevel(MQL).Monitoringconductedasa componentofthestudycouldnotconfirmiftheplumeiscontainedwithintheboundariesoftheproposed MSD. Public Meeting AspartoftheMSDapplication,theapplicantwasrequiredtoprovidenotificationtotheownersofallstate- registeredwaterwellswithinfivemilesoftheproperty,providenoticeinanewspaperoflocalcirculation,post a sign on site, and present information to interested parties in Twopublicmeetingswerescheduled.ThefirstmeetingwasheldonJuly16,2014,attheCityofDentonCity HallCityCouncilWorkSessionroom.Duringthismeeting,theapplicantprovidedinformationaboutwhyhe isseekinganMSDdesignationforthesubjectproperty,thenatureandextentofcontaminationattheproperty, andnotificationrequirementsforwaterwellowners.Dentonstaffmemberswerealsopresenttoprovide informationontheMSDapplicationandreview,includinganexplanationofthelocalandstatecomponentsof theapplicationprocess.Ninecommunitymembersattendedthefirstmeeting.Theconcernsexpressedbythe attendeesatthefirstmeetingcenteredmainlyonanyeffectsthattheMSDdesignationcouldhaveontheuseof their water wells and the reasons for the widespread notificatio Asecondmeetingwithjustpropertyownersoflandwithin200feetofthesubjectpropertywillbeheldon September11,2014.AdescriptionoftheoutcomeofthesecondpublicmeetingwillbepresentedtoCouncil during the public hearing for this item. City of DentonPage 3 of 4Printed on 9/12/2014 powered by Legistar" File #:MSD14-0001,Version:1 Summary Theapplicantisseekingapprovalofanordinance(Exhibit2)thatestablishesthetermsandconditionsofan MSDforthe34.06acrepropertygenerallydescribedas100and306NorthStateLoop288(Exhibit1).This ordinance,ifapproved,indicatestheCityofDentonssupportoftheMSD,andisrequiredfortheMSD applicationtotheTCEQ.TheordinancesetsforththeconditionsoftheDesignation,includingtheapplicants requirementstoestablishtheappropriatedeedrestrictionsforthepropertyandwillbeusedbytheapplicantas evidence of municipal support when the applicant seeks the MSD f OPTIONS 1. Support the ordinance 2. Modify the ordinance, and support as modified 3. Do not support the ordinance RECOMMENDATION The Development Review Committee recommends approval of the Municipal Setting Designation request. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION Not applicable. BID INFORMATION Not applicable. EXHIBITS 1.Site Location Map 2.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 4 of 4Printed on 9/12/2014 powered by Legistar" Exhibit 1 Exhibit 2 Site Location Map MARKET Subject Property µ The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should Legend not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of Subject Property the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and Parcels accurate information possible. No warranties, expressed or 0100200400 Date: 9/2/2014 implied, are provided for the data herein, its use, or its Feet Path: H:\Portrait - A NOTICES (8.5 x 11)_v10.0.mxd Exhibit 2 Ordinance Exhibit 2 Ordinance Exhibit 2 Ordinance Exhibit 2 Ordinance Exhibit 2 Ordinance City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:CA14-0003,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,providingfora comprehensiveplanamendmentfroma RegionalMixedUseCenter futurelandusedesignationtoan IndustrialCenter futurelandusedesignationonapproximately2.95acresoflandgenerallylocatedonthe westsideofWorthingtonDrive,northofBarcelonaStreetandsouthofSchuylerStreetbeingLot3,BlockAof theHullAddition;andprovidingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof; providingaseverabilityclauseandaneffectivedate.ThePlanningandZoningCommissionrecommends approval (5-2). (CA14-0003) BACKGROUND TheapplicantisproposingtoamendtheFutureLandUsedesignationofapproximately2.95acresfrom RegionalMixedUseCentertoIndustrialCenter.Therequestisbeingconsideredconcurrentlywithtwoother applications,arezoningrequest(Z14-0014)andaSpecificUsePermit(S14-0004).Allthreerequestsare proposedtoallowEdscoFastenerstobeginhotdipgalvanizationattheircurrentlocationat2200Worthington Drive.Galvanizationprotectsthesteelfromcorrosionbyforminganalloycoating.Currently,EdscoFasteners truckstheirproductsoff-siteforgalvanization.Havinghotdipgalvanizationabilitieson-sitewouldsavetime and money for their operations. EdscoFastenershasbeenlocatedatthesubjectpropertysince2006andisaspecialexception.Theproperty waspreviouslyzonedLightManufacturingandmanufacturinguseshaveoccupiedthesitesinceitwas developedin1996.Edsconowdesirestoaddhotdipgalvanizationtotheiroperations.Thegalvanization processrequiresdippingofmetalintoavarietyofbathscontainingrawmaterials.First,thesteelobjectis dippedintoadegreasingorcausticcleaningsolutiontoremoveorganiccontaminantssuchasdirt.Second,the steelisdippedintoaheatedacidorsandblastedtoremoveanyrust.Third,themetalisdippedintoazinc ammoniumsolutiontoremoveremainingoxidesandprotectthesteelfromfurtheroxidespriortothe galvanization.Finally,thesteelisdippingintoakettleofmoltenzincheatedto815-850degrees.Thezinc, evenwhenpre-processedintobricksandmelted,isconsideredarawmaterial,seeExhibit5-HotDip Galvanization Process Summary. Staffhasmetwiththeapplicantonseveraloccasionstodiscusstheuseanddeterminedthistobeaheavy manufacturinguse.Thepropertyhasaspecialexceptionforlightmanufacturinguses;however,heavy manufacturingusesarenotpermittedinthecurrentzoningdistrictandwerenotpermittedinthepreviousLight Manufacturingzoningdistrict.Edscoappealedstaffsdeterminationthathotdipgalvanizationisaheavy City of DentonPage 1 of 3Printed on 9/12/2014 powered by Legistar" File #:CA14-0003,Version:1 manufacturingusetotheZoningBoardofAdjustment,ZBA14-0002.OnApril28,2014theZoningBoardof Adjustmentvoted5-2thathotdipgalvanizationisalightmanufacturinguse,however,pertheDenton DevelopmentCode(DDC),Ð Aconcurringvoteofsix(6)membersoftheBoardshallbenecessarytoreverse anadministrativedecisionofthestaff,ortoapproveanapplicationonanymatteruponwhichtheBoardis required to act under this Chapter. Hot dip galvanization is c StaffhasreviewedthisrequestagainstthecriterialistedinSection35.3.3oftheDentonDevelopmentCodefor amendmentstoTheDentonPlan.Stafffindsthisrequestinconsistentwiththecodecriteriaandthegoalsof TheDentonPlan.Thevisionforthisareaisaregionalcenterandtheareahasseveralregionaluses,including hotels.AmendingtheFutureLandUsedesignationmayslowordisruptdevelopmentofthisareainlinewith The Denton Plan. Notificationofthecomprehensiveplanamendmentrequest(CA14-003),rezoningrequest(Z14-0014),and SUPrequest(S14-0004)weresentouttogetheronAugust8,2014.NoticewaspublishedintheDentonRecord ChronicleonAugust10,2014andagainonAugust31,2014.Asofthewritingofthisstaffreport,two responseshavebeenreceived,oneinfavoroftherequestandoneneutraltotherequest.TheCityManagerhas provided authorization for this case to move forward in advance OPTIONS 1.Recommend approval as submitted. 2.Recommend approval subject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table the item. RECOMMENDATION TheDevelopmentReviewCommitteerecommends denial oftheproposedamendmenttotheComprehensive Plan.ThecomprehensiveplanamendmentrequestisnotcompatiblewiththeComprehensivePlananddoesnot meet the criteria listed in the Denton Development Code. ThePlanningandZoningCommissionvoted5-2attheirAugust27,2014meetingtorecommend approval of CA14-0003. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) CA14-0003,Z14-0014,andS14-0004PlanningandZoningCommission,August27,2014,Recommend Approval FISCAL INFORMATION None at this time. BID INFORMATION Not Applicable. EXHIBITS 1.Staff Analysis City of DentonPage 2 of 3Printed on 9/12/2014 powered by Legistar" File #:CA14-0003,Version:1 2.Site Location/Aerial Map 3.Existing Future Land Use Map 4.Proposed Future Land Use Map 5.Hot Dip Galvanization Process Summary 6.Letter from the Applicant 7.Notification Map and Responses 8.Site Photos 9.City Manager Authorization 10.August 27, 2014, Planning and Zoning Commission Meeting Minutes 11.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 3 of 3Printed on 9/12/2014 powered by Legistar" Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date:August 27, 2014TYPE:Comprehensive Plan Amendment CC Date:September 16, 2014PROJECT #:CA14-0003 Project Number: CA14-0003 Request: Consideramending the Comprehensive Plan, specifically by changing the Future Land Use designation from Regional Mixed Use Center to Industrial Center on the subject property. Applicant: John Bezner, 3102 Maple Ave, Ste 400, Dallas, TX 75201 Property Owner: Jeff Stewart, 17111 Preston Rd, Dallas, TX 75248 Location: The west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. Size: 2.95acres + Zoning Designation: Regional Center Commercial Downtown (RCC-D) Future Land Use: Regional Mixed Use Center Case Planner: Michele Berry DRC Recommendation: Denial Planning and Zoning Recommendation: Approval, 5-2 Summary of Analysis: EdscoFastenersdesirestobeginhotdipgalvanizationattheircurrentlocation,2200 WorthingtonDrive. TheZoningBoardofAdjustmentupheldthestaff’sinterpretationofhotdip galvanizationasaheavyindustrialuse.ThecurrentzoningofRegionalCenterCommercial DowntownandthecurrentFutureLandUsecategoryofRegionalMixedUseCenterdonot supportheavymanufacturinguses. Inordertopermithotdipgalvanizationatthissitethree publichearingsactionsarerequired: 1.TheFutureLandUseCategoryinTheDentonPlanwouldneedtochangefromRegional MixedUseCentertoIndustrialCenter. 2.ThezoningwouldneedtochangefromRegionalCenterCommercialGeneral(RCC-D) toIndustrialCenterGeneral(IC-G). 3.ASpecificUsePermit(SUP)wouldberequiredfortheheavymanufacturinguse. This report is specific to the comprehensive plan amendment and the following reports address the rezoning request and SUP request. Staff has review the comprehensive plan amendment request against the criteria listed in subchapter 35.3.3 of the Denton Development Code and finds the application is not consistent with code requirements;therefore,staff is recommending denial of the comprehensive plan amendment request. Findings of Fact 1.The request is to amend the Future Land Use designation on approximately2.94 acres from Regional Mixed Use Center to Industrial Center. The request is being considered with two other applications, a rezoning request (Z14-0014), andaSpecific Use Permit (S14-0004) for the purposes of allowing a heavy manufacturing use on the subject property 2.Project History. A.Prior to 2002 the subject property was zoned Light Industrial. The structure was built in 1996 and occupied by a light manufacturing use. The property is considered a special exception for light manufacturing. Edsco was considered light manufacturing elsewhere in the City and move to this location in 2006. B.Edsco applied to the Zoning Board of Adjustment (ZBA) to appeal staff’s interpretation (ZBA14-0002) that hot dip galvanization is a heavy manufacturing use so that they could expand per the regulations on Special Exceptions. However, the ZBA did not have enough voteson April 28, 2014 to overturn staff’s determination that hot dip galvanization is a heavy manufacturing use. 3.The Denton Plan. A.The Denton Plan calls for this area to be a Regional Mixed Use Center. Per the Land Use Element; 1.“For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilitated support by and serving an entire region. A regional activity center could include a regional shopping mall. A number of major employers, restaurant and entertainment facilities, a large high school or community college, and high density housing. A regional activity center is considerably larger and more diverse in its land use than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building.” The proposed industrial use is not a desired use in the regional mixed-use activity center classification. B.Industrial Centers per the Land Use Element of the Denton Plan states, “Industrial centers are to provide locations for a variety of work processes and work places such as manufacturing, warehousing, and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations.” (pg. 50) C.The Denton Plandescribes industrial uses as those engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Industrial uses would be allowed in industrial centers as designated on the land use plan.(pg. 50) D.Light manufacturing would not include mining and extracting industries, petrochemical industries, rubber refining, primary metal, and related industries. The comprehensive plan also states heavy industries will not be permitted in industrial areas. (pg. 51) E.The subject property is two lots, one was developed for light industrial uses in 1996 and the other is vacant. The property to the north is developed for truck servicing and repair. Vehicle Repairis considered a commercial land usetype. The properties to the east, across Worthington Drive, are undeveloped. Farther to the west there are hotels along I-35. To the south there is a mix of undeveloped properties and properties developed for commercial and light industrial uses. To the west, across the railroad line,there is undeveloped property zoned for single- family development and a single family home. 4.Denton Development Code. A.The only zoning district that permits heavy manufacturing uses is the IC-G district and an SUP is required. B.There are no overlay districts. C.There are no Historic or Conservation Districts. 5.Other Plans. A.There are no other applicable plans. 6.Existing site conditions A.A portion of the site was developed in 1996 according to DCAD records. At the time the structure was built the area was zoned light manufacturing. Thezoning was change to RCC-D in 2002 as part of a citywiderezoning and the use of light manufacturing became a special exception at this site. However, per the previous zoning district and zoning code,heavy manufacturing was not permitted and thus heavy manufacturing uses cannot be permitted as special exception. B.Adjacent usesto the north are commercial, specifically the Denton Truck Port.To the east there are undeveloped lots, hotels, light manufacturing, and commercial uses. Adjacent uses to the southare undeveloped lots, light manufacturing, and commercial uses. On the west side of the railroad the uses are single family and undeveloped land. C.Zoning to the north, southeast, and east is RCC-D.Zoning to the west and southwest is Neighborhood Residential 2 (NR-2). D.There are no ESAs or floodplain areas on site. E.Sewer. The existing 8-inch gravity main along Worthington Drive, and the existing 8-inch gravity main along Applicant’s west property line, isavailable for tapping. Sewer Tap Fee applies; City’s fee schedule can be viewed at www.cityofdenton.com. F.Water. The existing 8-inch main along Worthington Drive is available for tapping. Water Impact Fee, and Tap with Meter Fee, would apply; City’s fee schedule can be viewed at www.cityofdenton.com. 7.Other Facts stated by DRC. A.Anticipated water demandis 24 gallons per hour peak. Existing services are adequate for this demand. B.Anticipated wastewater demand is 21 gallons per hour peak. Existing services are adequate for this demand. C.Anticipated storm water demand.Lot 3 drains through Lot 2R. As such,either an amending plat is required to make Lots 2R and 3into one lot, or an offsite drainage easement is required in Lot 2R to convey runoff from Lot 3 under fully developed conditions. D.Anticipated transportation demandis 100 average annual daily trips and 14 peak hour trips. There is adequate road capacity for this use. E.There is no anticipated parks demand. F.There is no significant increase in anticipated police, fire and EMS demand. G.There is no anticipated educational facility demand. Development Review Committee Approvalcriteriaandconsiderationsforcomprehensiveplanamendmentspersection35.3.3of theDDCarelistedbelowwithstaffanalysisinitalics. 1. Compatibility with the goals and objectives of The Denton Plan. The request is not compatible with the goals and objectives of The Denton Plan. Primary Industrial Land Use Principlesare: 1.Organize to minimize conflict -it is the desire of the residents of Denton to organize industrial and employment land use districts to minimize conflicts with adjoining land uses and to most efficientlyutilize the existing transportations systems. 2.Developing performance standards –Just as quality of commercial development in important to Denton residents the performance standards of industrial and employment development is critical to the health, safety, and welfare of the community, its environment and its security. Based on the proximity of residential zoning and residential development this will not minimize conflict. 2. Compatibility with the Future Land Use element of The Denton Plan. The request isnot compatible with the Future Land Use element of the Denton Plan. “For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilitated support by and serving an entire region. A regionalactivity center could include a regional shopping mall. A number of major employers, restaurant and entertainment facilities, a large high school or community college, and high density housing. A regional activity center is considerably larger and more diverse in its land use than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building.” The proposed industrial use is not part of the Regional Mixed Use Center classification. In addition, per The Denton Plan, “Industrial centers are intended to provide locations for a variety of work, processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and There will most supporting uses such as convenience shopping and child-care centers. likely be instances where residential uses will be incompatible with industrial and manufacturing processes used in industrial centers. Adequate public facilities shall be a criterion by which zoning is granted.” The proposed use does meet employment objectives but the use is incompatible with future residential and regional center uses. 3. The balance of land uses in the City. While it is important to have a balance of industrial uses in the City, there are approximately 3,732 acres zoned IC-G of whichapproximately 2,262 acres are undeveloped. In the IC-G zoning district an SUP is required for heavy manufacturing uses. Based on the available acreage for industrial uses there is no need to reclassify the requested 2.9 acres. 4. Adequate Public Facility elements of The Denton Plan, and how the proposed change will affect the provision ofservices anticipated in The Denton Plan. There are adequate public facilities; including streets, water, and sewer, for the proposed use. 5. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations. The pattern of development in this area consists of some older light manufacturing uses near the subject property. However, there are also commercial and hotel uses along the highway. Heavy manufacturing uses may negatively affect future development of hotels, commercial, office and other uses that would be in accordance with the existing regulations. These uses may not wish to locate near heavy industries. Several of these uses already exist and may be negatively impacted. While there are some light manufacturing uses in place these are more compatible with permitted uses. 6. The possible creation of an isolated district unrelated to adjacent and nearby districts. If approved, this request would create a small area of Industrial Center that would be unrelated to the Existing Land Use and Regional Center Mixed Use future land use designations that surround the subject property. In addition, the IC-G zoning district would not relate to the adjacent RCC-D and Neighborhood Residential 2 (NR-2) zoning districts. 7. The populations density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements. There wouldbe some daytime employee population at the site. There are adequate public facilities to support this population. Staff does not have concerns about adequate transportation, water, sewer, schools, parks, public convenience, and other public requirements. 8. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets, or other public safety measures. No improvements would be required because of this request. 9. The possible impact on the environment including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity. Heavy manufacturing uses can have a negative impact on the environment. One of the key differences between heavy and light manufacturing uses is classification as a point source of pollutants.Heavy manufacturing uses are defined by the DDC as, “Industrial operations for the production of a good using raw materials and mechanical power and machinery.” Light manufacturing is defined as “Industrial operations relying on the assembly of products using parts previously developed from raw materials and not classified as a point source of objectionable pollutants.” The use proposed, hot dip galvanization, may have impacts on the environment. Galvanization of steel is subject to federal sanitary sewer discharge limits found in 40 CFR Part 420, Sec. 420.126, see Exhibit 6. Thepollutants regulated bytheiron and steelsubcategory forhot coating (galvanizing) are zinc, lead, and hexavalent chromium.This facility would therefore be required to hold a discharge permit since they are considereda "Categorical Industrial User" as defined by the Environmental Protection Agency (EPA). In addition, there are number of potential pollutants listed by the EPA related to Hot Dip Galvanization. The City of Denton Industrial Pre-Treatment Program regulates and monitors for many of these pollutants. The pollutants the City will monitor are highlighted in Exhibit 7. 10. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map. The property is currently undevelopedand there are no substantial reasons preventing development in accordance with the Future Land Use Map. Potential uses in accordance with the Future Land Use Map,existing zoning, and size of the undeveloped areaare: Attached Single-family Dwellings Dwelling Above Businesses Live/Work Units Community Homes for the Disabled Multi-Family Dwellings Home Occupations Hotels Bed and Breakfast Retail Sales and Service Restaurant or Private Club Drive-through Facility Professional Services and Offices Quick Vehicle Servicing Vehicle Repair Auto and RV Sales Laundry Facilities Indoor Recreation Commercial Parking Lots Administrative or Research Facilities Broadcasting or Studio Production Bakeries Veterinary Clinics Community Service Churches Semi-public, Halls, Clubs and Lodges Business/Trade School Adult or Child Day Care 11.The action shall be made with reasonable consideration of the character of the district and its suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. If approved, the proposed change to the future land use map will not further the development of this area as a regional center as the uses permitted would be inconsistent with the vision for this area. Inaddition, there are available areas of the City designated for industrial use. Staff has asked if the applicant is willing to locate the use elsewhere on the City, however, the applicant does not wish to move from their current location. The 2002 Denton Plan determined the most appropriate use for this area was Regional Center due to its location on I-35 just north of University Drive. Appropriate uses have been locating in the area. There are some light industrial uses existing in the area as it transitions from light industrial to regional uses. Existing light industrial uses are permitted by regulations regarding non-conformities and special exceptions. These regulations are intended to allow existing uses to continue when there is a change in regulation, such as designating this area a neighborhood center. However, they do not allow addition uses that are not in conformance with the vision and zoning to promote transition over time. To achieve the vision set in The Denton Plan for this area of the City there will be period of transition. Amending The Denton Plan to designate this area Industrial Center will discourage and possibly stall the transition of this area to a regional center. RECOMMENDATION Based upon the information provided by theapplicant and a recent site visit, the Development IS Review Committee finds that with the recommended conditions the request INCONSISTENTIS with the surrounding land uses and general character of the area, INCONSISTENTINCONSISTENT with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends denial of CA14-0003. approval The Planning and Zoning Commission voted 5-2 to recommend at their August 27, 2014 meeting. 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 withthe 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-2RCC-DRCC-D Acreage with or without CommercialCommercial, Vacant Commercial Agricultural UseLots West:Subject Property:East: NR-2RCC-DRCC-D Acreage with or without Light ManufacturingVacant Commercial Lots Agricultural Use, Single Family Southwest:South:Southeast: NR-2NR-2RCC-D Acreage with or without Commercial, Vacant Commercial Vacant Commercial Lots Agricultural UseLots Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The proposed change in the comprehensive plan is not consistent with the comprehensive plan. Though industrial uses are supported by the comprehensive plan a Primary Industrial Land Use Principle is to “Organize to minimize conflict -it is the desire of the residents of Denton to organize industrial and employment land use districts to minimize conflicts with adjoining land uses and to most efficiently utilize the existing transportations systems.”The location of this request would create conflict with residential uses to the west and commercial uses to the east. The plan does support industry stating, “Industrial centers are intended to provide locations for a variety of work, processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations”. However, the plan does not supportive of heavy industries and states these uses will not be permitted in industrial areas. (pg. 51) B.Land use analysis There are 19.3 acres within 1 mile radius of the subject site zoned IC-G. This land is currently undeveloped. Citywidethere are approximately 3,732 acres zoned IC-G of which approximately 2,262 acres are undeveloped. There is not a need for additional IC- G land within the City at this time. C.Future Land Use Allocation/Current Zoning District Allocation Subject PropertyFuture land Use/Zoning allocation Change Based Upon 2.95± acresCurrent Allocation in the CityExistingAllocation Request Neighborhood 19.3acres within a mile 15% increase in a mile Residential Mixed 3,732 total acres zoned IC-G radiusradius Use (NRMU) Source: City of Denton Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMSStation 5, 2230 W. Windsor±2.39 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A.Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acresProposed Demand (Yes or No) Potable Water Consumption24 (Peak)Yes (GPM) Wastewater Generation21 (Peak)Yes (GPM) B.Available Capacity: There is currently water capacity available from an existing 8-inch Water Main along Worthington Drive. This line is available for tapping. There is currently wastewater capacity available from anexisting 8-inch gravity main along Worthington Drive and the existing 8-inch gravity main along Applicant’s west property line. Both linesare available for tapping. C.CIP Planned Improvements: There are no planned CIP improvements for water or wastewater at this location. Roadways/Transportation Network: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acresProposed Demand (Yes or No) Permitted14k SF Light Industrial Yes DensityBldg Average Annual 100Yes Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acresProposed Demand (Yes or No) Daily Trips (AADT) PM Peak Hour 14Yes Trips B.Available Capacity: Worthington Drive has available capacity to accommodate this development. C.Roadway Conditions: Worthington Drive is classified as an improved perimeter street. D.CIP Planned Improvements: There are no planned CIP transportation Projects in this area. Environmental Conditions: A.Surface Water: There is no standing surface water on-site. The site currently drains to the west.There is an existingdrainage ditch running parallel to the existing railroad into which this development will discharge.A detailed drainage analysis will be performed upon platting/permitting. B.Environmentally Sensitive Areas: There are no Environmentally Sensitive Areas (ESAs) on site. Electric: A transformer with 1500 kVA of capacity provides electric service to the building. The service voltage is 480 Y/ 277 volts three phase. Exhibit10 August27,2014 Planning&ZoningDraftMinutes 1 Christine Hall, 1312 Woodlake Drive, Corinth, Texas. Hall stated she is concerned about the 2 trees being removed. They serve as a sound barrier for the neighboring auto dealerships and I-35. 3 The neighbors on the Denton side of the subdivision have been recommended to purchase flood 4 insurance. Hall stated when there are heavy rains there is a lot of standing water in the area. She 5 is worried about the development and how it would leave the rest of the existing neighborhood. 6 There are already sewer issues, there are sewer smells. If there are additional homes tying into 7 the sewer lines it could cause more issues. 8 9 There was no one else to speak on this item, Schaake closed the Public Hearing. 10 11 Edwards responded in regards to some of the statements made. The flooding, a topography of the 12 area has been completed and the lot shows within the 100 year flood plain. The proposed pads 13 are elevated, the flood elevations help elevation the house and are to Denton’s standards for the 14 100 year water surface elevation in this area. Schaake questioned if a tree ordinance is in place; 15 Jackson stated this site is not subject to the tree ordinance because of being within the PD. 16 Schaake questioned if the applicant has made any plans to preserve as many trees as possible. 17 Jackson stated they haven’t worked on that part of the plans at this time; however, it will be 18 reviewed in the process. 19 20 Escobar stated in regards to the sewer smells in the area, there is an existing sewer lift station to 21 the east down the road, most likely it is an operational issue. He stated he would bring it up to the 22 Waste Water Department. Edwards stated in regards to the trees, the property goes back quite a 23 ways; some of the lots are 100 feet back from the right-of-way. A majority of the trees on site 24 will be saved, there is approximately 300-500 feet of trees setback to provide a buffer. 25 26 Commissioner Frank Conner Motioned, Commissioner Thom Reece seconded to approve this 27 request based on staff’s condition. Motion approved (7-0). Commissioner Frank Conner, aye, 28 Commissioner Thom Reece, aye, Chair Jean Schaake, aye, Commissioner Brian Bentley, aye, 29 Commissioner Jim Strange, aye, Commissioner Amber Briggle, aye, and Commissioner Devin 30 Taylor, aye. 31 32 B.Hold a public hearing and consider making a recommendation to City Council regarding an amendment to the Comprehensive Plan, specifically to change the Future Land Use designation from Regional Mixed Use Center to Industrial Center on an approximately 2.95 acre parcel, generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. This is part one of a three part request that includes Z14-0014 and S14-0004. (CA14-0003, Edsco, Michele Berry) 33 Schaake stated Public Hearing Items 2B, C, and D would all be heard together. The items will be 34 voted on separately. Lockley introduced Berry. Berry stated this is a three part request to allow a 35 heavy manufacturing use, hot dip galvanization; the subject site is located at 2200 Worthington 36 Drive. The subject property is Regional Mixed Use Center on the Future Land Use Map. The 37 subject property is zoning Regional Center Commercial Downtown (RCC-D). This does not 38 allow either light or heavy manufacturing operations. Edsco began operations in 2006 at 2200 39 7 Worthington Drive and is considered light manufacturing. The property is a special exception 1 for Light manufacturing uses. Edsco would like to add hot-dip galvanization to their activities at 2 this location; they currently send their products to other locations for galvanization. 3 4 The purpose of hot dip galvanization is to protect the metal for rust and deterioration. Staff’s 5 interpretation is that Hot Dip Galvanization is a heavy manufacturing use due to the use of 6 molten zinc and the potential for pollution. This item had to go before the Zoning Board of 7 Adjustment (ZBA); they did not overturn staff’s decision at their April 28, 2014 meeting, 8 ZBA14-0002. 9 10 The requests for this item are as follows: 1. Amend the Denton Plan from Regional Mixed Use 11 Center to Industrial Center; 2. Rezone from Regional Commercial Center Downtown to 12 Industrial Center General; and 3. Specific Use Permit (SUP) for heavy manufacturing, 13 specifically hot dip galvanization. Staff sent out six Public Hearing notices to property owners 14 within 200 feet of the subject site and 18 courtesy notices to property owners within 500 feet of 15 the subject site. At this time staff has received one returned response neutral to the request and 16 one in favor of the request. 17 18 Berry stated approval criteria and considerations for Comprehensive Plan Amendments are per 19 section 35.3.3 of the Denton Development Code (DDC) : conflicts with the goals of the Regional 20 Mixed Use Center; conflicts with existing and future surrounding uses; adequate amount of land 21 currently zoned for industrial development; creates an isolated district; and potential 22 environmental impacts. Staff recommends denial of CA14-0003 as it is inconsistent with the 23 Denton Plan and the surrounding property. 24 25 Berry stated approval criteria and considerations for rezoning requests inconsistent with 26 comprehensive plan are per section 35.3.3 of the DDC: conflicts with the goals of the Regional 27 Mixed Use Center; conflicts with existing and future surrounding uses; adequate amount of land 28 currently zoned for industrial development; creates an isolated district; and potential 29 environmental impacts. Staff recommends denial of Z14-0014 as it is inconsistent with The 30 Denton Plan, the Denton Development Code, and the surrounding property. 31 32 Berry stated approval criteria and considerations for SUP requests are listed in Section 35.6.4 of 33 the DDC: incompatible and potentially injurious to the use and enjoyment of adjacent property; 34 may slow the orderly growth and transition of this are toward a Regional Mixed Use Center. 35 Staff recommends denial of S14-0004 as it is inconsistent with the surrounding property. 36 37 Berry stated the applicant is present. Taylor stated it is not typical to see SUP’s for Industrial 38 Uses; Taylor questioned if it applies specifically to this use of for the parcel. Berry stated if this 39 Commission was to approve the SUP, a recommendation could be made to City Council specific 40 to galvanization. Conner questioned what is considered light manufacturing versus heavy 41 manufacturing. Conner stated the property to the north of the subject site is heavy manufacturing 42 with steel fabrication. Berry read the two different definitions into the record. The reason it went 43 to the ZBA is for their interpretation of light to heavy manufacturing. The board didn’t get more 44 than six votes; which would have been required to go against staff’s determination. 45 46 8 Schaake questioned the zoning for United Copper; Berry stated she is unaware. Schaake 1 questioned the distance between the subject site and the neighboring hotels. Berry provided the 2 site photos, stating they are a distance away; they sit on I-35. Schaake stated the proposed use 3 seems appropriate to her. Conner stated he drove by the site and felt that it was an appropriate 4 location for this use. Leal stated he would like to clarify a few items: in regards to Taylor’s 5 comment about the SUP; the SUP is applied to the use; whether it is the current owner or the 6 successor owner as long as the use remains into effect. The ZBA interpretation or affirmation is 7 just for those members, the ZBA’s determination is bonding. Schaake questioned the voting; 8 questioning if it has to be a 6-1 vote presented to City Council. Leal stated that is correct, it is a 9 state law. Leal stated state law requires a supermajority vote. Schaake stated she still doesn’t 10 understand how staff has determined this proposed use as heavy manufacturing. Schaake stated 11 she would still like to know United Copper’s zoning; Taylor stated he looked it up and it is light 12 industrial. 13 14 Taylor stated in regards to the heavy manufacturing use, zinc can be very toxic. Taylor stated if 15 this item came before this Commission like it did before the ZBA, he could see a split vote 16 occurring here as well. Schaake questioned a way for this item to be corrected and mitigated. 17 Reece deferred to Leal. Leal stated once the ZBA has made their decision that is not changeable. 18 Leal stated in terms of deciding the issue, it is possible to do something that would limit what 19 would be categorized the galvanization as to heavy or light manufacturing. Schaake stated this 20 use seems like it would draw more jobs into Denton; Leal agreed. Leal stated there are other 21 ways to rezone the property. 22 23 Strange questioned Leal if there is an option he would partially outline if this Commission could 24 reclassify the use from heavy to light manufacturing. Leal stated the focus here is turning hot 25 dipped galvanization from heavy to light manufacturing; that isn’t an option before this 26 Commission. There are other traditional items to look at: a Comprehensive Plan amendment, or 27 zoning change. Schaake called the applicant to speak. 28 29 Jeff Stewart, 611 Alexandrite, Oak Point, Texas. Stewart stated he is the architect for Edsco. 30 Stewart stated Jeff Pieper, and Don Searcy with Edsco is also present. Stewart stated Edsco 31 moved to its current location in 2006, it has been a citizen to Denton since 1996. This project is a 32 huge business driver. Stewart thanked Berry for her work on this project. He stated Edsco 33 currently outsources this process. Stewart stated with the proposed in-house galvanization it 34 would reduce the amount of truck traffic, and will provide more jobs. He explained the six step 35 process of galvanization. Each of the steps have environmental concerns, there are three buffers, 36 air, liquid, and solid. In the air, there is smoke from the molten zinc, it is then collected and 37 discharged, and it runs through a bank system for testing. A bag collects the particles and then 38 gets cleaned out and goes through a waste processor. It is then tested and sent to the landfill. The 39 second issue is fumes from the acid tanks, those just release a smell, which is sent through a 40 scrubber and comes out 99.9% nontoxic. There are also liquids, which are in steel and plastic 41 tanks, all the liquid gets contained. Every six months the liquid is removed from the tank and 42 sent to a hold tank, the dirt gets removed, and it goes for testing and sent to the landfill. The rinse 43 water is used as makeup water, it is not removed from the property, and all of the water gets 44 used. The ammonium chloride gets used by adhering to the steel. The solid is the zinc, it zinc 45 9 bars that get melted down into the process, it all gets melted up and none gets wasted off of the 1 property. Stewart stated there are a lot of industrial uses in the area. 2 3 Briggle stated in the backup materials it states three cycles of trucks per day; Briggle questioned 4 how many trucks are in a cycle. Jeff Pieper, President of Edsco, stated those trucks handle loads 5 of ungalvanized materials going out and returning. There is only one truck at a time. Briggle 6 questioned the three cycles. Pieper stated there is only one truck per cycle. There are also other 7 trucks for other uses within Edsco; however, there is only one truck for this process. 8 9 Bentley questioned if Edsco owns both properties of land. Pieper stated that is correct. Strange 10 questioned how long the applicant has been in the process of this request. Stewart stated the first 11 meeting for this request began on June 6, 2013. Strange questioned approximately how much 12 money has been spent on this request. Pieper stated approximately 40,000-50,000. Strange 13 acknowledged. 14 15 Briggle questioned the Future Land Use Map, questioning the plan for this area with the Denton 16 Plan 2030; Berry stated staff is currently working on the Future Land Use Map, and staff plans to 17 keep this area as a business, professionalization, office, and technology district. Schaake 18 questioned even with the industrial uses in the area. Berry stated a lot of those uses were present 19 to that area prior to 2002. 20 21 Schaake opened the Public Hearing; there was no one to speak on the item. Schaake closed the 22 Public Hearing. Bentley stated he would like to make a motion. Schaake stated the motions need 23 to be made separately for the three items. 24 25 Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve the 26 CA14-0003 request. Motion carried (5-2). Commissioner Brian Bentley, aye, Commissioner 27 Frank Conner, aye, Chair Jean Schaake, aye, Commissioner Thom Reece, aye, Commissioner 28 Jim Strange, aye, Commissioner Devin Taylor, nay, and Commissioner Amber Briggle, nay. 29 30 C.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request on an approximately 2.95 acre parcel from Regional Center Commercial Downtown (RCC-D) to Industrial Center General (IC-G). The subject property is generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. This is part two of a three-part request including CA14-0003 and S14-0004. (Z14-0014, Edsco, Michele Berry) This presentation was heard during Public Hearing item 2B. Taylor stated he is glad to see Edsco 31 extend their business. Taylor stated out of all the possibilities galvanizing is probably the safest. 32 There are a lot of other processes that are a greater issue. Taylor stated he has an issue with the 33 map of the first two cases of this request, in the comprehensive plan there is approximately a 34 three acre island with high industrial uses. If all of the properties to the west of Worthington 35 Drive were to be rezoned to uses that would support this; but he doesn’t see cutting three acres to 36 declare it have a different use than the hundreds of surrounding acres. Taylor stated this is an 37 example of spot zoning. 38 39 10 CITY OF DENTON Exhibit 2 - Site Location/Aerial Map Edsco Subject Property µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City Denton and have been made available to the public based on the Edsco Subject Property Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of 0115230460 indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 3 - Existing Future Land Use Map Edsco Neighborhood Center Subject Property Regional Mixed Use Center Existing Land Use Community Mixed Use Center Employment Center Industrial Center µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather Edsco Subject PropertyCommunity Mixed Use Center for reference purposes. These maps are the property of the City CitylimitsRegional Mixed Use Center Denton and have been made available to the public based on the Neighborhood CenterEmployment Center Public Information Act. The City of Denton makes every effort to Downtown University CoreExisting Land Use produce and publish the most current and accurate information Industrial CenterRural Areas possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of 0105210420 indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 4 - Proposed Future Land Use Map Edsco Neighborhood Center Subject Property Regional Mixed Use Center Existing Land Use Community Mixed Use Center Employment Center Industrial Center µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather Edsco Subject PropertyCommunity Mixed Use Center for reference purposes. These maps are the property of the City CitylimitsRegional Mixed Use Center Denton and have been made available to the public based on the Neighborhood CenterEmployment Center Public Information Act. The City of Denton makes every effort to Downtown University CoreExisting Land Use produce and publish the most current and accurate information Industrial CenterRural Areas possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of 0105210420 indicates understanding and acceptance of this statement. Feet Exhibit 5 Hot Dip Galvanization Process Summary Exhibit 5 Hot Dip Galvanization Process Summary Exhibit 6 Letter from the Applicant Comprehensive Plan Amendment Project Narrative –EDSCO Fasteners, Inc. July 2, 2014 Reviewing Departments City of Denton 221 N. Elm Street Denton, Texas 76201 Background: EDSCO Fasteners is currently located in the City of Denton and has the objective to establish the galvanizing component of their manufacturing process on site in order to remain competitive and function as a business in the City of Denton. This objective is critical to their success as a business located within the City of Denton. The City staff has ruled that the proposed use should be considered as Heavy Industrial whereas, the Owner believes the use should be classified as Light Industrial. The owner appealed to the Zoning Board of Adjustment in hopes of reversing this decision of classifying the use as Heavy Industrial to consider the use as Light Industrial. The ZBA voted in support of classifying the use as Light Industrial by a 5-2 vote. However the ZBA needed a 6-1 vote in order to reverse staff’s decision. The current facility on property 309971 HULL ADDN, BLOCK A, LOT 2R is zoned RCC-D and is classified as Non-conforming use. The proposed building addition will be located on 309974 HULL ADDN, BLOCK A, LOT 3 owned by EDSCO located north of the existing facility. This property is zoned RCC-D and supports light Manufacturing. Comprehensive Plan Amendment Request: EDSCO Fasteners is requesting an amendment to the Comprehensive Plan to allow Heavy Industrial use for their property. The Denton Plan states on page 51 under Industrial Goals that “Development that complements existing businesses in the district should be encouraged”. EDSCO Fasteners is currently an existing business at this location in the City of Denton. According to the 1998 Industrial Zoning Classifications chart on page 49 of The Denton Plan, there is only 116.5 Acres of Property Zoned Heavy Industrial which is 0.3% of all zoned land. The 14,000sf building is very small and will have a minimum impact on the balance of land use in the City. There are adequate Public Facilities currently serving this location as the site is served by the existing Railroad. The existing land surrounding the property is zoned RCC-D which supports light industrial. Since EDSCO Fasteners is not a new business or use for this areaThe existing public facilities are adequate to serve this property for the proposed use. The plan amendment will not incur any additional cost to the City or other governmental entities. There will not be any possible adverse impact on the environment. Amending the Comprehensive Plan will allow EDSCO to expand as an existing use onto the adjacent property. Existing business and existing uses should be supported for this area in order to adhere to the Denton Plan’s Industrial Goal of encouraging existing business in the district. The current Future Land Use Map designation is ‘Regional Mixed Use Center’ and the request is to change it to ‘Industrial Center’. Detailed Commentary related to Subchapter 35.3.3: The application shall address the impact of the proposed change on the following: The Goals and Objectives of The Denton Plan and specifically the Future Land Use Element of the Denton Plan – this proposed Comprehensive Plan change obviously shifts the use of the land from what is called out in the Land Use Plan, however, this change is much more in line with the current use of the land in this area and is more appropriate for encouraging business development in the area as a growth in existing similar uses in lieu of a shift / change in use for this area. Civil Point Engineers, Inc. 3102 Maple Ave. Ste 400, Dallas, TX 75201 Telephone: (972) 554-1100, Facsimile: (866) 682-8129 Exhibit 6 Letter from the Applicant The balance of land uses in the City – Due to the limited size of this property, this change in the comprehensive plan will have minimal impact to the overall balance of land use in the city. Adequate Public Facility elements of The Denton Plan – this change will have no impact to the concepts of Public Facility elements of the Denton Plan. It is noted that the request shall be evaluated under the following factors to balance the interest in promoting the public health, safety, morals, or general welfare against the right to the use of the property in issue – since this request is advancing existing similar uses in the area, not creating a hazardous environment, and is promoting additional jobs, this request will improve the overall public health, safety, etc. of this area. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations – this request aligns directly with other existing types of uses in this area. The possible creation of an isolated district unrelated to adjacent and nearby districts – we would consider this as an appropriate district based on the other business in the area in lieu of an isolated district. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public – this change would not modify the overall population density in any manner to impact these services. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools streets and other public safety measures;– no impact to these costs to the city. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity – all drainage and other discharge utilities will be designed in compliance with all City Ordinances. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map – determination by city staff has been that this one use is classified as Heavy Industrial, based on this determination, the property cannot be used for this process under the existing Zoning or Future Land Use Map. This project is very much in line with the character of the current district and its suitability for these types of uses and is the most appropriate use of this land in this area of the city. We respectfully request your positive determination of this project. Regards, John Bezner, PE Civil Point Engineers, Inc. 3102 Maple Ave. Ste 400, Dallas, TX 75201 Telephone: (972) 554-1100, Facsimile: (866) 682-8129 Exhibit 7 - Notification Map and Responses CA14-0003, Z14-0014, S14-0004 500 Ft Notification Boundary Subject 200 Ft Notification Boundary Property µ The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should Legend not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of 500 ft bufferIn Favor the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes 200 ft bufferNeutral every effort to produce and publish the most current and accurate information possible. No warranties, expressed or Subject PropertyParcels 075150300 Date: 9/2/2014 implied, are provided for the data herein, its use, or its Feet Path: H:\Portrait - A NOTICES (8.5 x 11)_v10.0.mxd Exhibit 7 - Notification Map and Responses Exhibit 7 - Notification Map and Responses Berry, Michele S From:Don Frazier [dfrazier@fraziercommercial.com] Sent:Tuesday, August 26, 2014 10:18 AM Berry, Michele S To: Cc:'Al McNatt' Subject:Rezoning for Edsco Scan0263.pdf Attachments: Michele, AsrepresentativefortheMcNattfamily,ownersofthepropertyacrossthestreetfromEdsco,pleaseshowtheÞ;©x areinfavorofallrequestsoutlinedinthe{b·z-;ofPublicI; ©zm|attached. Thanks DonaldA.Frazier FrazierCommercial,Inc. 633LondonderryLane Denton,TX76205 940/5660404OFF 940/3914872CELL 1 Exhibit 8 Site Photos Existing Edsco structure adjacent and to the south of Existing Edsco structure adjacent and to the south of the subject property. the subject property. A second view of the existing Edsco structure adjacent A second view of the existing Edsco structure adjacent and to the south of the subject property. and to the south of the subject property. Exhibit 8 Site Photos The subject property, currently undeveloped. The subject property, currently undeveloped. View of hotels and offices looking east from the View of hotels and offices looking east from the subject property. subject property. Exhibit 8 Site Photos Truck and vehicle repair to the north of the subject Truck and vehicle repair to the north of the subject property. property. Offices southeast of the subject property. Offices southeast of the subject property. Exhibit 8 Site Photos Retail and medical office uses to southeast of the Retail and medical office uses to southeast of the subject property. subject property. Retail and medical office uses to southeast of the Retail and medical office uses to southeast of the subject property. subject property. Exhibit 9 City Manager Authorization City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z14-0014,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,providingfora zoningchangefromaRegionalCenterCommercialDowntown(RCC-D)zoningdistrictanduseclassification toanIndustrialCenterGeneral(IC-G)zoningdistrictanduseclassificationonapproximately2.95acresofland generallylocatedonthewestsideofWorthingtonDrive,northofBarcelonaStreetandsouthofSchuylerStreet beingLot3,BlockAoftheHullAddition;andprovidingforapenaltyinthemaximumamountof$2,000.00 forviolationsthereof;providingaseverabilityclauseandaneffectivedate.Thisisparttwoofathree-part requestincludingCA14-0003andS14-0004.ThePlanningandZoningCommissionrecommendsapproval(5- 2). BACKGROUND Theapplicantisproposingtorezoneapproximately2.95acresfromRegionalCenterCommercialDowntown (RCC-D)toIndustrialCenterGeneral(IC-G).Therequestisbeingconsideredconcurrentlywithtwoother applications,aComprehensivePlanAmendment(CA14-0003)andaSpecificUsePermit(S14-0004).All threerequestsareproposedtoallowEdscoFastenerstobeginhotdipgalvanizationattheircurrentlocationat 2200WorthingtonDrive.Hotdipgalvanizationisaheavymanufacturinguseinvolvingdippingsteelinto bathsofcleansingsolutionsandmoltenzinc.Galvanizationprotectsthesteelfromcorrosionbyformingan alloycoating.Currently,EdscoFastenerstruckstheirproductsoff-siteforgalvanization.Havinghotdip galvanization abilities on-site would save time and money for th Shouldtherezoningrequestbeapproved,theapplicantcouldthenproceedwiththeSpecificUsePermitthat wouldberequiredintheIC-Gdistricttopermittheheavymanufacturinguse.Thepreviousreportaddressedthe Comprehensive Plan Amendment and the following report addressed StaffhasreviewedthisrequestagainstthecriterialistedinSection35.3.3oftheDentonDevelopmentCodefor rezoningrequestsandfoundthatisdoesnotconformtotheFutureLandUseElementoftheDentonPlan.Staff findsthisrezoningrequestinconsistentwiththezoninganduseofthesurroundingareas.Totheeast,alongI- 35thereareseveralhotelandofficeuses.ThepropertytothewestiszonedNeighborhoodResidential2(NR- 2)forsingle-familyresidentialdevelopment.Generalindustrialuseswouldconflictwiththeseexistingand future uses. Notificationofthecomprehensiveplanamendmentrequest(CA14-003),rezoningrequest(Z14-0014),and City of DentonPage 1 of 3Printed on 9/12/2014 powered by Legistar" File #:Z14-0014,Version:1 SUPrequest(S14-0004)weresentouttogetheronAugust8,2014.NoticewaspublishedintheDentonRecord ChronicleonAugust10,2014andagainonAugust31,2014.Asofthewritingofthisstaffreport,two responses have been received, one in favor of the request and on OPTIONS 1.Approval as submitted. 2.Approval subject to conditions. 3.Deny this request. 4.Postpone consideration. 5.Table the item. RECOMMENDATION TheDevelopmentReviewCommitteerecommends denial oftheproposedrezoningrequest.Therezoning requestisnotcompatiblewiththeComprehensivePlananddoesnotmeetthecriterialistedintheDenton Development Code. ThePlanningandZoningCommissionvoted5-2attheirAugust27,2014meetingtorecommend approval of CA14-0003. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 17, 2014 - Planning and Zoning Commission reviewed CA14-0 September 16, 2014 - City Council CA14-0003 (being processed con FISCAL INFORMATION None at this time. BID INFORMATION Not applicable. EXHIBITS 1.Staff Analysis 2.Site Location/Aerial Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Letter from the Applicant City of DentonPage 2 of 3Printed on 9/12/2014 powered by Legistar" File #:Z14-0014,Version:1 6.Notification Map and Responses 7.Site Photos 8.August 27, 2014, Planning and Zoning Commission Meeting Minutes 9.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 3 of 3Printed on 9/12/2014 powered by Legistar" Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date:August 27, 2014TYPE:Rezoning Request CC Date:September, 16, 2014PROJECT #:Z14-0014 Project Number: Z14-0014 Request: Consider rezoning approximately 2.95 acre parcel from Regional Center Commercial Downtown (RCC-D) to Industrial Center General (IC-G). Applicant: John Bezner, 3102 Maple Ave, Ste 400, Dallas, TX 75201 Property Owner: Jeff Stewart, 17111 Preston Rd, Dallas, TX 75248 Location: The west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. Size: 2.95acres + Zoning Designation: Regional Center Commercial Downtown (RCC-D) Future Land Use: Regional Mixed Use Center Case Planner: Michele Berry DRC Recommendation: Denial Summary of Analysis: EdscoFastenersdesirestobeginhotdipgalvanizationattheircurrentlocation,2200 WorthingtonDrive. TheZoningBoardofAdjustmentupheldthestaff’sinterpretationofhotdip galvanizationasaheavyindustrialuse.ThecurrentzoningofRegionalCenterCommercial DowntownandthecurrentFutureLandUsecategoryofRegionalMixedUseCenterdonot supportheavymanufacturinguses. Inordertopermithotdipgalvanizationatthissitethree publichearingsactionsarerequired: 1.TheFutureLandUseCategoryinTheDentonPlanwouldneedtobechangedfrom RegionalMixedUseCentertoIndustrialCenter. 2.ThezoningwouldneedtobeamendedfromRegionalCenterCommercialGeneral(RCC- D)toIndustrialCenterGeneral(IC-G). 3.ASpecificUsePermit(SUP)wouldberequiredfortheheavymanufacturinguse. This report is specific to the rezoning request. The previous report addressed the comprehensive plan amendment and the following reportaddressesthe SUP request. Findings of Fact 1.The request is torezoneapproximately2.95acresfromRegionalCenterCommercial Downtown(RCC-D)toIndustrialCenterGeneral(IC-G). The request is being considered concurrently with two other applications, a Comprehensive Plan Amendment (CA14-0003) and aSpecific Use Permit (S14-0004) for the purposes of allowing a heavy manufacturing use on the subject property. 2.Project History. A.Prior to 2002,the subject property was zoned Light Industrial. A structure was built in 1996 and occupied by a light manufacturing use. The property has a Special Exception for light manufacturing. Edsco was considered light manufacturing elsewhere in the City and movedto this location in 2006. B.Edsco applied to the Zoning Board of Adjustment (ZBA) to appeal staff’s interpretation (ZBA14-0002) that hot dip galvanization is a heavy manufacturing use so that they could then expand per the regulations on Special Exceptionsto cover their proposal. However, the ZBA votedon April 28, 2014 to uphold staff’s determinationthat hot dip galvanization is a heavy manufacturing use. 3.The Denton Plan. A.The Denton Plan calls for this area to be a Regional Mixed-Use Activity Center. Per the Land Use Element: 1.“For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilitated support by and serving an entire region. A regional activity center could include a regional shopping mall. A number of major employers, restaurant and entertainment facilities, a large high school or community college, and high density housing. A regional activity center is considerably larger and more diverse in its land use than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building.” The proposed heavy manufacturing use in not part of the Regional Mixed-useActivity Center classification. B.The Industrial Centers section of the Land Use Element of the Denton Plan states, “Industrial centers are to provide locations for a variety of work processes and work places such as manufacturing, warehousing, and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations.” (pg. 50) C.The Denton Plandescribes industrial uses as those engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Industrial uses would be allowed in industrial centers as designated on the land use plan (pg. 50) D.Light manufacturing would not include mining and extracting industries, petrochemical industries, rubber refining, primary metal, and related industries. The comprehensive plan also states heavy industries will not be permitted in industrial areas. (pg. 51) E.The subject property is two lots, one was developed for light industrial uses in 1996 and the other is vacant. The property to the north is developed for truck servicing and repair. Vehicle Repairis considered a commercial land usetype. The propertiesto the east, across Worthington Drive, are undeveloped. Farther to the west there are hotels along I-35. To the south there is a mix of undeveloped properties and properties developed for commercial and light industrial uses. To the west, across the rail road line there is undeveloped property zoned for single- familydevelopment and a single family home. 4.Denton Development Code. A.The only zoning district that permits heavy manufacturing uses is the IC-G district,and an SUP is required. B.There are no overlay districts. C.There are no Historic or Conservation Districts. 5.Other Plans. A.There are no other applicable plans. 6.Existing site conditions A.A portion of the site was developed in 1996 according to DCAD records. At the time the structure was built the area was zoned light manufacturing. The zoning was change to RCC-D in 2002 as part of a citywiderezoning and the use of light manufacturing became a special exception at this site. However, per the previous zoning district and zoning code heavy manufacturing was not permitted and thus heavy manufacturing uses cannot be permitted as special exception. B.Adjacent usesto the north are commercial, specifically the Denton Truck Port.To the east there are undeveloped lots, hotels, light manufacturing, and commercial uses. Adjacent uses to the south are undeveloped lots, light manufacturing, and commercial uses. On the west side of the railroad the uses are single family and undeveloped land. C.Zoning to the north, southeast, and east is RCC-D.Zoning to the west and southwest is Neighborhood Residential 2 (NR-2). D.There are no ESAs or floodplain areas on site. E.Sewer. The existing 8-inch gravity main along Worthington Drive, and the existing 8-inch gravity main along Applicant’s west property line, isavailable for tapping. Sewer Tap Fee applies; City’s fee schedule can be viewed at www.cityofdenton.com. F.Water. The existing 8-inch main along Worthington Drive is available for tapping. Water Impact Fee, and Tap withMeter Fee, would apply; City’s fee schedule can be viewed at www.cityofdenton.com. 7.Other Facts stated by DRC. A.Anticipated water demandis 24 gallons per hour peak. Existing services are adequate for this demand. B.Anticipated wastewater demand is 21 gallons per hour peak. Existing services are adequate for this demand. C.Anticipated storm water demand.Lot 3 drains through Lot 2R. As such,either an amending plat is required to make Lots 2R and 3 into one lot, or an offsite drainage easement is required in Lot 2R to convey runoff from Lot 3 under fully developed conditions. D.Anticipated transportation demandis 100 average annual daily trips and 14 peak hour trips. There is adequate road capacity for this use. E.There is no anticipated parks demand. F.There is no significant increase in anticipated police, fire and EMS demand. G.There is no anticipated educational facility demand. Development Review Committee Staff has reviewed the rezoning request against the criteria listed in Section 35.3.3 of the Denton Development Code for rezoning requests that do not conform to the Future Land Use Element of the Denton Plan and finds the application is not consistent with Code requirements, therefore staff is recommending denial of the request. Thesecriteriaarelistedbelowwithstaffanalysisin italics: 1. Compatibility with the goals and objectives of the Denton Plan. The request is not compatible with the goals and objectives of the Denton Plan. Primary Industrial Land Use Principlesare: 1.Organize to minimize conflict -It is the desire of the residents of Denton to organize industrial and employment land use districts to minimize conflicts with adjoining land uses and to most efficientlyutilize the existing transportations systems. 2.Developing performance standards –Just as quality of commercial development isimportant to Denton residents,the performance standards of industrial and employment development is critical to the health, safety, and welfare of the community, its environment,and its security. Based on the proximity of residential zoning and residential development to the subject property, this rezoning request will create conflict. 2. Compatibility with the Future Land Use Element of the Denton Plan. The rezoning request is not compatible with the Future Land Use Element of the Denton Plan. “For a regional activity center, the focus area contains the shopping, services, recreation, employment, and institutional facilitated support by and serving an entire region. A regional activity center could include a regional shopping mall. A number of major employers, restaurant and entertainment facilities, a large high school or community college, and high density housing. A regional activity center is considerably larger and more diverse in its land use than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building.” The proposed heavy manufacturinguse is not part of the Regional Mixed Use Center classification. In addition, per the Denton Plan, “Industrial centers are intended to provide locations for a variety of work, processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. The industrial centers may also accommodate complementary and There will most supporting uses such as convenience shopping and child-care centers. likely be instances where residential uses will be incompatible with industrial and manufacturing processes used in industrial centers. Adequate public facilities shall be Emphasis added a criterion by which zoning is granted.”() The proposed use does meet employment objectives but the use is incompatible with future residential and regional center uses. 3. The balance of land uses in the City. While it is important to have a balance of industrial uses in the City, there are approximately 3,732 acres zoned IC-G of whichapproximately 2,262 acres are undeveloped. In the IC-G zoning district an SUP is required for heavy manufacturing uses. Based on the available acreage for industrial uses there is no need to reclassify the requested 2.9 acres. 4. Adequate Public Facility elements of the Denton Plan, and how the proposed change will affect the provision of services anticipated in the Denton Plan. There are adequate public facilities; including streets, water, and sewer, for the proposed use. 5. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations. The pattern of development in this area consists of some older light manufacturing uses near the subject property. However, there are also commercial and hotel uses along the highway. Heavy manufacturing uses may negatively affect future development of hotels, commercial, office and other uses that would be in accordance with the existing regulations. These uses may not wish to locate near heavy industries. Several of these uses already exist and may be negatively impacted. While there are some light manufacturing uses in place these are more compatible with permitted uses. 6. The possible creation of an isolated district unrelated to adjacent and nearby districts. If approved, this request would create a small area of Industrial Center that would be unrelated to the Existing Land Use and Regional Center Mixed Use future land use designations that surround the subject property. In addition, the IC-G zoning district would not relate to the adjacent RCC-D and NR-2 zoning districts. 7. The populations density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements. There would be some daytime employee population at the site. There are adequate public facilities to support this population. Staff does not have concerns about adequate transportation, water, sewer, schools, parks, public convenience, and other public requirements. 8. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets, or other public safety measures. No improvements would be required because of this request. 9. The possible impact on the environment including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity. Heavy manufacturing uses can have a negative impact on the environment. One of the key differences between heavy and light manufacturing uses is classification as a point source of pollutants.Heavy manufacturing uses are defined by the DDC as, “Industrial operations for the production of a good using raw materials and mechanical power and machinery.” Light manufacturing is defined as “Industrial operations relying on the assembly of products using parts previously developed from raw materials and not classified as a point source of objectionable pollutants.” The use proposed, hot dip galvanization, may have impacts on the environment. Galvanization of steel is subject to federal sanitary sewer discharge limits found in 40 CFR Part 420, Sec. 420.126, see Exhibit 6. Thepollutants regulated bytheiron and steelsubcategory forhot coating (galvanizing) are zinc, lead, and hexavalent chromium.This facility would therefore be required to hold a discharge permit since they are considereda "Categorical Industrial User" as defined by the Environmental Protection Agency (EPA). In addition, there are number of potential pollutants listed by the EPA related to Hot Dip Galvanization. The Cityof Denton Industrial Pre-Treatment Program regulates and monitors for many of these pollutants. The pollutants the City will monitor are highlighted in Exhibit 7. 10. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map. The property is currently undevelopedand there are no substantial reasons preventing development in accordance with the Future Land Use Map. Potential uses in accordance with the Future Land Use Map,existing zoning, and size of the undeveloped areaare: Attached Single-family Dwellings Dwelling Above Businesses Live/Work Units Community Homes for the Disabled Multi-Family Dwellings Home Occupations Hotels Bed and Breakfast Retail Sales and Service Restaurant or Private Club Drive-through Facility Professional Services and Offices Quick Vehicle Servicing Vehicle Repair Auto and RV Sales Laundry Facilities Indoor Recreation Commercial Parking Lots Administrative or Research Facilities Broadcasting or Studio Production Bakeries Veterinary Clinics Community Service Churches Semi-public, Halls, Clubs and Lodges Business/Trade School Adult or Child Day Care 11.The action shall be made with reasonable consideration of the character of the district and its suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. If approved, the proposed change to the future land use map will not further the development of this area as a regional center as the uses permitted would be inconsistent with the vision for this area. In addition, there are available areas of the City designated for industrial use. Staff has asked if the applicant is willing to locate the use elsewhere on the City, however, the applicant does not wish to move from their current location. The 2002 Denton Plan determined the most appropriate use for this area was Regional Center due to its location on I-35 just north of University Drive. Appropriate uses have been locating in the area. There are some light industrial uses existing in the area as it transitions from light industrial to regional uses. Existing light industrial uses are permitted by regulations regarding non-conformities and special exceptions. These regulations are intended to allow existing uses to continue when there is a change in regulation, such as designating this area a neighborhood center. However, they do not allow addition uses that are not in conformance with the vision and zoning to promote transition over time. To achieve the vision set in The Denton Plan for this area of the City there will be period of transition. Amending The Denton Plan to designate this area Industrial Center will discourage and possibly stall the transition of this area to a regional center. Based upon the information provided by the applicant and a recent site visit, the Development IS Review Committee finds that with the recommended conditions the request INCONSISTENTIS with the surrounding land uses and general character of the area, INCONSISTENTINCONSISTENT with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends denial of Z14-0014. 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-2RCC-DRCC-D Acreage with or without CommercialCommercial, Vacant Commercial Agricultural UseLots West:Subject Property:East: NR-2RCC-DRCC-D Acreage with or without Light ManufacturingVacant Commercial Lots Agricultural Use, Single Family Southwest:South:Southeast: NR-2NR-2RCC-D Acreage with or without Commercial, Vacant Commercial Vacant Commercial Lots Agricultural UseLots Source: City of Denton Geographical Information System and site visit by City staff Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The proposed change in the comprehensive plan is not consistent with the comprehensive plan. Though industrial uses are supported by the comprehensive plan a Primary Industrial Land Use Principle is to “Organize to minimize conflict -it is the desire of the residents of Denton to organize industrial and employment land use districts to minimize conflicts with adjoining land uses and to most efficiently utilize the existing transportations systems.”The location of this request would create conflict with residential uses to the west and commercial uses to the east. The plan does support industry stating, “Industrial centers are intended to provide locations for a variety of work, processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations”. However, the plan does not supportive of heavy industries and states these uses will not be permitted in industrial areas. (pg. 51) B.Land use analysis There are 19.3 acres within 1 mile radius of the subject site zoned IC-G. This acres are currently undeveloped. Citywidethere are approximately 3,732 acres zoned IC-G of which approximately 2,262 acres are undeveloped. There is not a need for additional IC- G land within the City at this time. C.Future Land Use Allocation/Current Zoning District Allocation Subject PropertyFuture land Use/Zoning allocation Change Based Upon 2.95± acresCurrent Allocation in the CityExistingAllocation Request Neighborhood 19.3acres within a mile 15% increase in a mile Residential Mixed 3,732 total acres zoned IC-G radiusradius Use (NRMU) Source: City of Denton Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMSStation 5, 2230 W. Windsor±2.39 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A.Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acresProposed Demand (Yes or No) Potable Water Consumption24 (Peak)Yes (GPM) Wastewater Generation21 (Peak)Yes (GPM) B.Available Capacity: There is currently water capacity available from an existing 8-inch Water Main along Worthington Drive. This line is available for tapping. There is currently wastewater capacity available from anexisting 8-inch gravity main along Worthington Drive and the existing 8-inch gravity main along Applicant’s west property line. Both linesare available for tapping. C.CIP Planned Improvements: There are no planned CIP improvements for water or wastewater at this location. Roadways/Transportation Network: A.Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acresProposed Demand (Yes or No) Permitted14k SF Light Industrial Yes DensityBldg Average Annual Daily Trips 100Yes (AADT) PM Peak Hour 14Yes Trips B.Available Capacity: Worthington Drive has available capacity to accommodate this development. C.Roadway Conditions: Worthington Drive is classified as an improved perimeter street. D.CIP Planned Improvements: There are no planned CIP transportation Projects in this area. Environmental Conditions: A.Surface Water: There is no standing surface water on-site. The site currently drains to the west.There is an existing ditch running parallel with the railroad into which this development will discharge.A detailed drainage analysis will be performed upon platting/permitting. B.Environmentally Sensitive Areas: There are no Environmentally Sensitive Areas (ESAs) on site. Electric: Electric service to the building is provided by a transformer with 1500 kVA of capacity. The service voltage is 480 Y/ 277 volts three phase. CITY OF DENTON Exhibit 2 - Site Location/Aerial Map Edsco Subject Property µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City Denton and have been made available to the public based on the Edsco Subject Property Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of 0115230460 indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 3 - Existing Zoning Map Edsco NRMU RCC-N NRMU-12 RD-5X RCC-D NR-6 NRMU Subject Property NR-2 NR-3 RCC-D NRMU-12 NR-2 RCC-D CM-G EC-I RCC-D IC-E NR-2 µ Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not Edsco Subject PropertyEC-CNR-2RCC-D be used for legal, engineering or surveying purposes but rather AEC-INR-3RCC-N for reference purposes. These maps are the property of the City CM-EETJNR-4RCR-1 Denton and have been made available to the public based on the CM-GIC-ENR-6RCR-2 Public Information Act. The City of Denton makes every effort to DC-GIC-GNRMURD-5 produce and publish the most current and accurate information DC-NMF-1NRMU-12RD-5X possible. No warranties, expressed or implied, are provided for DR-1MPCPDCitylimits the data herein, its use, or its interpretation. Utilization of 0105210420 DR-2NR-1RC indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 4 - Proposed Zoning Map Edsco NRMU RCC-N NRMU-12 RD-5X RCC-D NR-6 NRMU Subject Property NR-2 NR-3 RCC-D NRMU-12 NR-2 RCC-D CM-G EC-I RCC-D IC-E NR-2 µ Legend The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not Edsco Subject PropertyEC-CNR-2RCC-D be used for legal, engineering or surveying purposes but rather AEC-INR-3RCC-N for reference purposes. These maps are the property of the City CM-EETJNR-4RCR-1 Denton and have been made available to the public based on the CM-GIC-ENR-6RCR-2 Public Information Act. The City of Denton makes every effort to DC-GIC-GNRMURD-5 produce and publish the most current and accurate information DC-NMF-1NRMU-12RD-5X possible. No warranties, expressed or implied, are provided for DR-1MPCPDCitylimits the data herein, its use, or its interpretation. Utilization of 0105210420 DR-2NR-1RC indicates understanding and acceptance of this statement. Feet Exhibit 5 Letter from the Applicant Zoning Change Project Narrative –EDSCO Fasteners, Inc. July 2, 2014 Reviewing Departments City of Denton 221 N. Elm Street Denton, Texas 76201 Background: EDSCO Fasteners is currently located in the City of Denton and has the objective to establish the galvanizing component of their manufacturing process on site in order to remain competitive and function as a business in the City of Denton. This objective is critical to their success as a business located within the City of Denton. The City staff has ruled that the proposed use should be considered as Heavy Industrial whereas, the Owner believes the use should be classified as Light Industrial. The owner appealed to the Zoning Board of Adjustment in hopes of reversing this decision of classifying the use as Heavy Industrial to consider the use as Light Industrial. The ZBA voted in support of classifying the use as Light Industrial by a 5-2 vote. However the ZBA needed a 6-1 vote in order to reverse staff’s decision. The current facility on property 309971 HULL ADDN, BLOCK A, LOT 2R is zoned RCC-D and is classified as Non-conforming use. The proposed building addition will be located on 309974 HULL ADDN, BLOCK A, LOT 3 owned by EDSCO located north of the existing facility. This property is zoned RCC-D and supports light Manufacturing. Zoning Change Request: EDSCO Fasteners is requesting a change of zoning to allow Heavy Industrial use for their property. EDSCO Fasteners is currently an existing business at this location in the City of Denton. The 14,000sf building is very small and will have a minimum impact on the balance of land use in the City. There are adequate Public Facilities currently serving this location as the site is served by the existing Railroad. The existing land surrounding the property is zoned RCC-D which supports light industrial. The existing public facilities are adequate to serve this property for the proposed use. The plan amendment will not incur any additional cost to the City or other governmental entities. There will not be any possible adverse impact on the environment. The Zoning Change will allow EDSCO to expand as an existing use onto the adjacent property. The current zoning is ‘Regional Center Commercial Downtown’ and the request is to change it to ‘Industrial Center General’. Detailed Commentary related to Sub-chapter 35.3.4: Based on the Comprehensive Plan Change requested prior to this rezoning, the proposed rezoning conforms to the Future Land Use element of The Denton Plan. The proposed rezoning or Specific Use Permit facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience as they currently exist. The proposed Special Exception (or expansion) to the zoning regulations is appropriate based on the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such building or upon such land, traffic conditions in the vicinity, and conformance of such area to the Zoning Map and The Denton Plan. In general, this request: Is in harmony with this Subchapter; o The public welfare and convenience are substantially served; o Civil Point Engineers, Inc. 3102 Maple Ave. Ste 400, Dallas, TX 75201 Telephone: (972) 554-1100, Facsimile: (866) 682-8129 Exhibit 5 Letter from the Applicant Neighboring property is not substantially injured; o The rezoning / exception will not alter essential character of the district and immediate o neighborhood; and The rezoning / exception will not weaken the general purposes of this Subchapter. o We respectfully request your positive determination of this project. Regards, John Bezner, PE Civil Point Engineers, Inc. 3102 Maple Ave. Ste 400, Dallas, TX 75201 Telephone: (972) 554-1100, Facsimile: (866) 682-8129 Exhibit 6 - Notification Map and Responses CA14-0003, Z14-0014, S14-0004 500 Ft Notification Boundary Subject 200 Ft Notification Boundary Property µ The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should Legend not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of 500 ft bufferIn Favor the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes 200 ft bufferNeutral every effort to produce and publish the most current and accurate information possible. No warranties, expressed or Subject PropertyParcels 075150300 Date: 9/2/2014 implied, are provided for the data herein, its use, or its Feet Path: H:\Portrait - A NOTICES (8.5 x 11)_v10.0.mxd Exhibit 6 - Notification Map and Responses Exhibit 6 - Notification Map and Responses Berry, Michele S From:Don Frazier [dfrazier@fraziercommercial.com] Sent:Tuesday, August 26, 2014 10:18 AM Berry, Michele S To: Cc:'Al McNatt' Subject:Rezoning for Edsco Scan0263.pdf Attachments: Michele, AsrepresentativefortheMcNattfamily,ownersofthepropertyacrossthestreetfromEdsco,pleaseshowtheÞ;©x areinfavorofallrequestsoutlinedinthe{b·z-;ofPublicI; ©zm|attached. Thanks DonaldA.Frazier FrazierCommercial,Inc. 633LondonderryLane Denton,TX76205 940/5660404OFF 940/3914872CELL 1 Exhibit 7 Site Photos Existing Edsco structure adjacent and to the south of Existing Edsco structure adjacent and to the south of the subject property. the subject property. A second view of the existing Edsco structure adjacent A second view of the existing Edsco structure adjacent and to the south of the subject property. and to the south of the subject property. Exhibit 7 Site Photos The subject property, currently undeveloped. The subject property, currently undeveloped. View of hotels and offices looking east from the View of hotels and offices looking east from the subject property. subject property. Exhibit 7 Site Photos Truck and vehicle repair to the north of the subject Truck and vehicle repair to the north of the subject property. property. Offices southeast of the subject property. Offices southeast of the subject property. Exhibit 7 Site Photos Retail and medical office uses to southeast of the Retail and medical office uses to southeast of the subject property. subject property. Retail and medical office uses to southeast of the Retail and medical office uses to southeast of the subject property. subject property. Exhibit8 August27,2014 Planning&ZoningDraftMinutes bars that get melted down into the process, it all gets melted up and none gets wasted off of the 1 property. Stewart stated there are a lot of industrial uses in the area. 2 3 Briggle stated in the backup materials it states three cycles of trucks per day; Briggle questioned 4 how many trucks are in a cycle. Jeff Pieper, President of Edsco, stated those trucks handle loads 5 of ungalvanized materials going out and returning. There is only one truck at a time. Briggle 6 questioned the three cycles. Pieper stated there is only one truck per cycle. There are also other 7 trucks for other uses within Edsco; however, there is only one truck for this process. 8 9 Bentley questioned if Edsco owns both properties of land. Pieper stated that is correct. Strange 10 questioned how long the applicant has been in the process of this request. Stewart stated the first 11 meeting for this request began on June 6, 2013. Strange questioned approximately how much 12 money has been spent on this request. Pieper stated approximately 40,000-50,000. Strange 13 acknowledged. 14 15 Briggle questioned the Future Land Use Map, questioning the plan for this area with the Denton 16 Plan 2030; Berry stated staff is currently working on the Future Land Use Map, and staff plans to 17 keep this area as a business, professionalization, office, and technology district. Schaake 18 questioned even with the industrial uses in the area. Berry stated a lot of those uses were present 19 to that area prior to 2002. 20 21 Schaake opened the Public Hearing; there was no one to speak on the item. Schaake closed the 22 Public Hearing. Bentley stated he would like to make a motion. Schaake stated the motions need 23 to be made separately for the three items. 24 25 Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve the 26 CA14-0003 request. Motion carried (5-2). Commissioner Brian Bentley, aye, Commissioner 27 Frank Conner, aye, Chair Jean Schaake, aye, Commissioner Thom Reece, aye, Commissioner 28 Jim Strange, aye, Commissioner Devin Taylor, nay, and Commissioner Amber Briggle, nay. 29 30 C.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning request on an approximately 2.95 acre parcel from Regional Center Commercial Downtown (RCC-D) to Industrial Center General (IC-G). The subject property is generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. This is part two of a three-part request including CA14-0003 and S14-0004. (Z14-0014, Edsco, Michele Berry) This presentation was heard during Public Hearing item 2B. Taylor stated he is glad to see Edsco 31 extend their business. Taylor stated out of all the possibilities galvanizing is probably the safest. 32 There are a lot of other processes that are a greater issue. Taylor stated he has an issue with the 33 map of the first two cases of this request, in the comprehensive plan there is approximately a 34 three acre island with high industrial uses. If all of the properties to the west of Worthington 35 Drive were to be rezoned to uses that would support this; but he doesn’t see cutting three acres to 36 declare it have a different use than the hundreds of surrounding acres. Taylor stated this is an 37 example of spot zoning. 38 39 10 Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve the 1 Z14-0014 request. Motion carried (5-2). Commissioner Brian Bentley, aye, Commissioner Frank 2 Conner, aye, Chair Jean Schaake, aye, Commissioner Thom Reece, aye, Commissioner Jim 3 Strange, aye, Commissioner Devin Taylor, nay, and Commissioner Amber Briggle, nay. 4 5 D.Hold a public hearing and consider making a recommendation to City Council regarding a request for a Specific Use Permit for a heavy manufacturing use. The subject property is an approximately 2.95 acre parcel, generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. This is part three of a three-part request including CA14-0003 and Z14-0014. (S14-0004, Edsco, Michele Berry) 6 This presentation was heard during Public Hearing item 2B. Taylor stated he would like to 7 motion to approve this request with the conditions that it is limited to only Edsco and that the use 8 can only be hot dipped galvanization. Briggle stated she would second. Lockley stated those are 9 typically uses permitted under conditional requirements. Lockley stated there was no discussion 10 as to what types of requirements would be set. The traffic, emissions, and other items were not 11 discussed. Lockley stated staff recommended denial and there were no conditions for approval. 12 Lockley stated this Commission can move forward with this vote with the only conditions being 13 those listed by Taylor. Briggle thanked Stewart on his pollutants briefing. She stated she agrees 14 with Taylor on this request being considered spot zoning. Briggle stated she felt comfortable 15 with moving forward with the SUP since it all her concerns were addressed. Bentley requested a 16 friendly amendment to Taylor’s motion. Bentley referred to the backup materials that showed a 17 potential for a rainwater runoff issue between the two separate properties, a retaining tank might 18 need to be added or a replat the site to one lot. Bentley stated he would like to see the site 19 replatted into one lot. Bentley apologized for the possible time period that would be added based 20 on the replatting process. He stated this would limit the possibility that these properties are sold 21 off in the future or the ownership changes. Bentley stated he would also like to block any 22 possibility that the applicant goes before the Health and Buildings Standards Commission 23 (HaBSCo) to lessen their environmental requirements. 24 Leal stated the HaBSCo is a different board, and this condition Bentley is requesting is a general 25 that is preventing them to take that option to another City board to lessen their requirements. 26 This might be beyond this Commission’s scope or duties. Leal stated this doesn’t seem like 27 something the applicant has the right to go before HaBSCo to appeal. Bentley stated he has seen 28 it happen before in the past in order for the applicant to save money. Schaake stated that goes 29 beyond this Commissions scope. Bentley stated it is okay to remove that suggested condition; 30 this is just a recommendation to City Council. He stated staff could put a notation to Council and 31 they could handle it how they chose too. Taylor stated he would accept the friendly amendment 32 presented by Bentley, Briggle agreed. 33 34 Schaake stated in regards to the replatting the SUP are is just applying to one parcel. Conner 35 questioned how much work would be required to replat the parcels into one lot. Schaake 36 questioned how they could replat across two different zoning districts. Berry stated the process 37 would take a few months. Edsco would be required to submit building permits, and that would be 38 a few months as well. Schaake stated she doesn’t feel this is a friendly amendment; Schaake 39 11 City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S14-0004,Version:1 Agenda Information Sheet DEPARTMENT:Planning and Development CM/ ACM:John Cabrales, Jr. Date:September 16, 2014 SUBJECT HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,providingfora specificusepermitfora heavymanufacturinguse inan IndustrialCenterGeneral (IC-G)zoningdistrict anduseclassificationonapproximately2.95acresoflandgenerallylocatedonthewestsideofWorthington Drive,northofBarcelonaStreetandsouthofSchuylerStreetbeingLot3,BlockAoftheHullAddition;and providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverability clauseandaneffectivedate.Thisispartthreeofathree-partrequestincludingCA14-0003andZ14-0014.The Planning and Zoning Commission recommends approval (7-0). BACKGROUND TheapplicantisrequestingaSpecificUsePermitforapproximately2.95acresforaheavymanufacturinguse, specificallyhotdipgalvanization,intheIndustrialCenterGeneral(IC-G)zoningdistrict.Therequestisbeing consideredconcurrentlywithtwootherapplications,aComprehensivePlanAmendment(CA14-0003)anda rezoningrequest(Z14-0014).AllthreerequestsareproposedtoallowEdscoFastenerstobeginhotdip galvanizationattheircurrentlocationat2200WorthingtonDrive.Hotdipgalvanizationisaheavy manufacturinguseinvolvingdippingsteelintobathsofcleansingsolutionsandmoltenzinc.Galvanization protectsthesteelfromcorrosionbyforminganalloycoating.Currently,EdscoFastenerstruckstheirproducts off-siteforgalvanization.Havinghotdipgalvanizationcapabilitieson-sitewouldsavetimeandmoneyfor their operations. EdscoFastenershasbeenlocatedatthesubjectpropertysince2006andhasaSpecialExceptionwhichmeans thattheuse,althoughnotpermittedinthegoverningzoningdistrictunderthecurrentDentonDevelopment Code,waspermittedatthetimethepropertywasdevelopedunderapreviousCode.Thepropertywas previouslyzonedLightManufacturingandmanufacturinguseshaveoccupiedthesitesinceitwasdevelopedin 1996.Edsconowdesirestoaddhotdipgalvanizationtotheiroperations.Thegalvanizationprocessrequires dippingofmetalintoavarietyofbathscontainingrawmaterials.First,thesteelobjectisdippedintoa degreasingorcausticcleaningsolutiontoremoveorganiccontaminantssuchasdirt.Second,thesteelis dippedintoaheatedacidorsandblastedtoremoveanyrust.Third,themetalisdippedintoazincammonium solutiontoremoveremainingoxidesandprotectthesteelfromfurtheroxidespriortothegalvanization. Finally,thesteelisdippingintoakettleofmoltenzincheatedto815-850degrees.Thezinc,evenwhenpre- processedintobricksandmelted,isconsideredarawmaterial,seeExhibit5-HotDipGalvanizationProcess Summary. City of DentonPage 1 of 4Printed on 9/12/2014 powered by Legistar" File #:S14-0004,Version:1 Thereareconcernswithpollutantsfromthisuse.Galvanizationofsteelissubjecttofederalsanitarysewer dischargelimitsfoundin40CFRPart420,Sec.420.126(Exhibit7).Thepollutantsthatareregulatedbythe ironandsteelsubcategoryforhotcoating(galvanizing)arezinc,lead,andhexavalentchromium.Thisfacility wouldthereforeberequiredtoholdadischargepermitsincetheywouldbeconsidereda"CategoricalIndustrial User"asdefinedbytheEnvironmentalProtectionAgency(EPA).Inaddition,therearenumberofpotential pollutantslistedbytheEPArelatedtoHotDipGalvanization.TheCityofDentonIndustrialPre-Treatment Programregulatesandmonitorsformanyofthesepollutants.ThepollutantstheCitywillmonitorare highlighted in Exhibit 8. Staffhasmetwiththeapplicantonseveraloccasionstodiscusstheuseanddeterminedthistobeaheavy manufacturinguse.ThepropertyhasaSpecialExceptionforlightmanufacturinguses;however,heavy manufacturingusesarenotpermittedinthecurrentzoningdistrictandwerenotpermittedintheprevious zoningdistrict.Edscoappealedstaffsdeterminationthathotdipgalvanizationisaheavymanufacturinguseto theZoningBoardofAdjustment(ZBA14-0002).BasedontheresultsoftheZBAhearinghotdipgalvanization isconsideredaheavymanufacturinguseasrawmaterialsareusedanditisconsiderapotentialpointsourceof pollution. StaffhasreviewedthisrequestagainstthecriterialistedinSection35.6.4oftheDentonDevelopmentCodefor SUPrequests.StafffindsthisSUPrequestisinconsistentandmaybeinjurioustocurrentandfuture developmentinthesurroundingareas.Totheeast,alongI-35thereareseveralhotelandofficeuses.The propertytothewestiszonedNeighborhoodResidential2(NR-2)forsingle-familyresidentialdevelopment. Hot dip galvanization would not be a compatible use. Notificationofthecomprehensiveplanamendmentrequest(CA14-0003),rezoningrequest(Z14-0014),and SUPrequest(S14-0004)weresentouttogetheronAugust8,2014.NoticewaspublishedintheDentonRecord ChronicleonAugust10,2014andagainonAugust31,2014.Asofthewritingofthisstaffreport,two responses have been received, one in favor of the request and on OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table the item. RECOMMENDATION TheDevelopmentReviewCommitteerecommends denial oftheSpecificUsePermitrequestasitisnot compatiblewiththeComprehensivePlananddoesnotmeetthecriteriaandconsiderationslistedintheDenton Development Code. The Planning and Zoning Commission recommends approval (7-0) of the Specific Use Permit with conditions: A. The heavy manufacturing use is limited to hot dip galvanizati B. The SUP is specific to Edsco Fasteners C.Theapplicantisrequiredtocomplywithallbuilding,environmental,andsafetystandardsinthe City of DentonPage 2 of 4Printed on 9/12/2014 powered by Legistar" File #:S14-0004,Version:1 Denton Development Code and Denton Code of Ordinances. ThePlanningandZoningCommissionalsodirectedstafftoworkwiththeapplicanttoidentifyanyother needed conditions before proceeding to City Council. These condi D.DevelopmentofthePropertywillprovide20percentTreeCanopyconsistentwiththeRegional Center Commercial Downtown zoning district. E.DevelopmentofthePropertywillfollowtheNon-residentialandMixedUseBuildingsSite DevelopmentRequirementsregardingOrientation,BuildingMaterials,andParkingtohelpensure compatibility with existing and future uses in the surrounding a F. Operation Hours are limited to 7:00 a.m. to 7:00 p.m. ESTIMATED SCHEDULE OF PROJECT Not applicable. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1.CA14-0003, Z14-0014, and S14-0004 Planning and Zoning Commission 2.CA14-0003, City Council, September 16, 2014 (being processed con 3.Z14-0014, City Council, September 16, 2014 (being processed conc FISCAL INFORMATION None at this time. BID INFORMATION Not applicable. EXHIBITS 1.Staff Analysis 2.Site Location/Aerial Map 3.Existing Future Land Use Map 4.Proposed Future Land Use Map 5.Hot Dip Galvanization Process Summary 6.Federal Sewage Discharge Limits 7.Potential Pollutants the City Monitors 8.Letter from the Applicant 9.Site Plan 10.Notification Map and Responses 11.Site Photos 12.August 27, 2014, Planning and Zoning Commission Meeting Minutes 13.Ordinance Respectfully submitted: City of DentonPage 3 of 4Printed on 9/12/2014 powered by Legistar" File #:S14-0004,Version:1 Brian Lockley, AICP, CPM Director of Planning and Development Prepared by: Michele Berry, AICP Associate Planner City of DentonPage 4 of 4Printed on 9/12/2014 powered by Legistar" Exhibit 1 Staff Analysis CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: August 27, 2014 TYPE: Specific Use Permit CC Date: September 16, 2014 PROJECT #: S14-0004 Project Number: S14-0004 Request: Consider a Specific Use Permit for a heavy manufacturing use, specifically hot dip galvanization. Applicant: John Bezner, 3102 Maple Ave, Ste 400, Dallas, TX 75201 Property Owner: Jeff Stewart, 17111 Preston Rd, Dallas, TX 75248 Location: The west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. Size: 2.95 acres + Zoning Designation: Regional Center Commercial Downtown (RCC-D) Future Land Use: Regional Mixed Use Center Case Planner: Michele Berry DRC Recommendation: Denial Planning and Zoning Commission Recommendation: Approval with conditions, 7-0 Summary of Analysis: Edsco Fasteners desires to begin hot dip galvanization at their current location, 2200 Worthington Drive. The Zoning Board of Adjustment upheld the interpretation of hot dip galvanization as a heavy industrial use. The current zoning of Regional Center Commercial Downtown and the current Future Land Use category of Regional Mixed Use Center do not support heavy manufacturing uses. In order to permit hot dip galvanization at this site three public hearings actions are required: 1.The Future Land Use Category in The Denton Plan would need to change from Regional Mixed Use Center to Industrial Center. 2.The zoning would need to change from Regional Center Commercial General (RCC-D) to Industrial Center General (IC-G). 3.A Specific Use Permit (SUP) would be required for the heavy manufacturing use. This report is specific to the SUP request, the previous reports addressed the comprehensive plan amendment request and rezoning request. Staff has review the SUP request against the criteria listed in per section 35.6.4 of the Denton Development Code and finds the application is not consistent with code requirements; therefore, staff is recommending denial of the SUP request. Findings of Fact 1.The request is for a heavy manufacturing use on approximately 2.94 acres located in the Regional Center Commercial Downtown (RCC-D) zoning district. The request requires a comprehensive plan amendment from Regional Center to Industrial Center, a rezoning from RCC-D to Industrial Center General (IC-G), and a Specific Use Permit for Heavy manufacturing, specifically hot dip galvanization. 2.Project History. A.Prior to 2002 the subject property was zoned Light Industrial. The structure was built in 1996 and occupied by a light manufacturing use. The property is considered a special exception for light manufacturing. Edsco was considered light manufacturing elsewhere in the City and move to this location in 2006. B. industrial use so that they could then expand per the regulations on special exceptions. However, the ZBA vote on April 28, 2014 was not sufficient to 3.The Denton Plan. A.The Denton Plan calls for this area to be a regional Mixed Use Center. Per the Land Use Element; 1. services, recreation, employment, and institutional facilitated support by and serving an entire region. A regional activity center could include a regional shopping mall. A number of major employers, restaurant and entertainment facilities, a large high school or community college, and high density housing. A regional activity center is considerably larger and more diverse in its land use than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of mixed-use activity center classification. B.Industrial Cent centers are to provide locations for a variety of work processes and work places such as manufacturing, warehousing, and distributing, indoor and outdoor storage, and a wide range of comme C.The Denton Plan describes industrial uses as those engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Industrial uses would be allowed in industrial centers as designated on the land use plan (pg. 50) D.Light manufacturing would not include mining and extracting industries, petrochemical industries, rubber refining, primary metal, and related industries. The comprehensive plan also states heavy industries will not be permitted in industrial areas. (pg. 51) E.The subject property consists of two lots, one was developed for light industrial uses in 1996 and the other is vacant. The property to the north is developed for truck servicing and repair. Vehicle Repair is considered a commercial land use type. The properties to the east, across Worthington Drive, are undeveloped. Farther to the west there are hotels along I-35. To the south there is a mix of undeveloped properties and properties developed for commercial and light industrial uses. To the west, across the railroad line, there is undeveloped property zoned for single-family development and a single family home. 4.Denton Development Code. A.The only zoning district that permits heavy manufacturing uses is the IC-G district and an SUP is required. B.There are no overlay districts. C.There are no Historic or Conservation Districts. 5.Other Plans. A.There are no other applicable plans. 6.Existing site conditions A.A portion of the site was developed in 1996 according to Denton County Appraisal District records. At the time the structure was built the area was zoned light manufacturing. The zoning was change to RCC-D in 2002 as part of a citywide rezoning and the use of light manufacturing became a special exception at this site. However, per the previous zoning district and zoning code, heavy manufacturing was not permitted and thus heavy manufacturing uses cannot be permitted as special exception. B.Adjacent uses to the north are commercial, specifically the Denton Truck Port. To the east there are undeveloped lots, hotels, light manufacturing, and commercial uses. Adjacent uses to the south are undeveloped lots, light manufacturing, and commercial uses. On the west side of the railroad the uses are single family and undeveloped land. C.Zoning to the north, southeast, and east is RCC-D. Zoning to the west and southwest is Neighborhood Residential 2 (NR-2). D.There are no Environmentally Sensitive Areas or floodplain areas on site. E.Sewer. The existing 8-inch gravity main along Worthington Drive, and the existing 8-incs west property line, is available for tappings fee schedule can be viewed at www.cityofdenton.com. F.Water. The existing 8-inch main along Worthington Drive is available for tapping. Water Impact Fee, and Tap wits fee schedule can be viewed at www.cityofdenton.com. 7.Other Facts stated by DRC. A.Anticipated water demand is 24 gallons per hour peak. Existing services are adequate for this demand. B.Anticipated wastewater demand is 21 gallons per hour peak. Existing services are adequate for this demand. C.Anticipated storm water demand. Lot 3 drains through Lot 2R. As such, either an amending plat is required to make Lots 2R and 3 into one lot, or an offsite drainage easement is required in Lot 2R to convey runoff from Lot 3 under fully developed conditions. D.Anticipated transportation demand is 100 average annual daily trips and 14 peak hour trips. There is adequate road capacity for this use. E.There is no anticipated parks demand. F.There is no significant increase in anticipated police, fire and EMS demand. G.There is no anticipated educational facility demand. Development Review Committee Approval criteria and considerations for SUP requests per section 35.6.4 of the DDC are listed below with staff analysis in italics. 1. 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. If this SUP request is approved the use would comply with all the regulations within the DDC. In addition, they would be required to obtain discharge permits to meet local, state, and federal regulations. 2. 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. This SUP may be injurious to the use and enjoyment of SF-2 zoned property to the west and RCC-D zoned property to the east. Heavy manufacturing uses are not compatible with single-family development. In addition, there are local hotels near the subject site that are not compatible with heavy manufacturing uses. 3. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant properties. This would be a heavy manufacturing use surrounded by Neighborhood Residential 2 zoning and Regional Center Commercial Downtown zoning. If this use is permitted in the area, then it may discourage desired commercial growth. The expansion of an industrial use and the allowance of heavy manufacturing uses are not desirable neighbors for commercial and regional development. Furthermore, additional manufacturing uses will increase the perception that industrial uses are permitted in the area. This may encourage other property owners in the vicinity to request rezoning light or heavy manufacturing uses. There is ample acreage available zoning IC-G to the south of this area. Approving this SUP would derail transition toward the Regional Mixed Use Center outlined in the Denton Plan. 4. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. Adequate utilities are available. 5. 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 arrangement of parking and driveways provide for safe and convenient movement of vehicle traffic. Traffic should not adversely affect the general public or adjacent developments. 6. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. The use will take place indoors. This should help control any odor, fumes, dust, noise or vibration. In addition, the applicant has indicated they plan to discharge used galvanization solutions by trucking wastewater off-site. This will need to be evaluated with discharge permits required by the Environmental Protection Agency. 7. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. There are not any adjacent neighbors at this time but lighting will meet standards in the Denton Development Code. Light source will be shielding to prevent upward diffusion and no more than 0.5 foot-candles will leave the property at the property line. In addition, a Type D buffer may be required on the western edge of the property to screen the property for potential residential development. A Type D buffer is a 30-foot wide planting strip with a combination for 8 evergreen or deciduous trees and 20 shrubs per 100 linear feet. This buffer will also help to shield adjacent development from light. 8. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The standard landscaping regulations in Section 35.13.8 of the DDC would be enforced should the SUP request be approved. These regulations were developed to provide sufficient landscaping and screening. For this property, they would require: A minimum of 10 percent landscape area with a minimum of 15 percent tree canopy coverage. The landscape area required in the IC-G district and RCC-D district is the same, however, only 15 percent tree canopy coverage is required in IC-G versus 20 percent in RCC-D zoning districts. Street Trees spaced at one tree per 45 linear feet. A type D buffer to the west, if the property is developed as one lot. This is a 30-foot wide planting strip with a combination of 8 evergreen and deciduous trees and 20 shrubs per 100 linear feet. Only 40 percent of the trees on this buffer may count to the required tree canopy coverage. A type C buffer to the north. This is a 15-foot wide planting strip with a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet. Only 40 percent of the trees on this buffer may count to the required tree canopy coverage. 9. That adequate capacity of infrastructure can and will be provided to and through the subject property. There is existing infrastructure in place of adequate capacity. A drainage easement may be required to convey storm water run-off through the lot and adjacent property also owned by Edsco Fasteners. 10. 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: a. Similarity in scale, bulk, and coverage The proposed building will not be out of scale with what would be permitted in the area. The general regulations of the IC-G district are more stringent than the RCC-D zoning district. b. Generation of traffic and effects on the surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Staff does not anticipate increased traffic from this request. Approval of this SUP may reduce truck traffic from the site as items would not trucked elsewhere for galvanization and then returned to the site. c. Architectural compatibility with the impact area. Per the DDC, industrial uses do not have to meet the same level of architectural standards as commercial uses. If permitted with only DDC regulations the use may not be architecturally compatible with future commercial development. It will be architecturally compatible with the existing Edsco building and several other small light warehouse type buildings. However, the vision and zoning for this area is to develop Regional Center. Staff anticipates uses that would have higher development standards locating in this area in the future. d. Air quality, including the generation of dust odors, or other environmental pollutants. There are significant concerns with pollutants as hot dip galvanization is considered a point source of pollution. Discharge permits will be required to ensure compliance with EPA regulations. Pollutant discharge will be monitored by the industrial pre-treatment division of wastewater treatment. e. Generation of noise, light, and glare. Currently regulations in the DDC will regulate noise, light and glare. Light is limited to 0.5 foot candles at the property line. Noise is regulated by the Denton Code of Ordinances. In addition, landscape screening will help to buffer any light or noise. f. The development of adjacent properties as envisioned in The Denton Plan. If approved, this SUP request might discourage the Regional Mixed Use Center type development desired in The Denton Plan. Commercial users may find the area less desirable if adjacent to heavy manufacturing uses. In addition, it will add the industrial character of the area, slowing the transition to a Regional Mixed Use Center as outlined in The Denton Plan. g. Other factors found to be relevant to satisfy the requirements of this subchapter. The primary factors of concern are the incompatibility of the proposed use with existing nearby uses, the negative impact this use may have on future development that is in conformance with existing zoning, and that this use may hinder desired development that is compatible wMixed Use Center. As this is an SUP request, the Planning and Zoning Commission may recommend condition of approval per Subchapter 35.6.5 of the DDC. Conditions may include but are not limited to: Regulation and limitation of uses Regulation of setbacks and spacing. Regulation of fences and walls. Regulation of points of vehicular and pedestrian ingress and egress . Regulation of building material, textures, colors and architectural features. Regulation of hours of operation and the conduct of certain activities. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in accordance with the provisions of this Subchapter that are reasonable. RECOMMENDATION Based upon the information provided by the applicant and a recent site visit, the Development IS Review Committee finds that with the recommended conditions the request INCONSISTENTIS with the surrounding land uses and general character of the area, INCONSISTENTINCONSISTENT with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends denial of S14-0004. approval The Planning and Zoning Commission recommends (7-0) of the Specific Use Permit with conditions: A. The heavy manufacturing use is limited to hot dip galvanization. B. The SUP is specific to Edsco Fasteners C. The applicant is required to comply with all building, environmental, and safety standards in the Denton Development Code and Denton Code of Ordinances. The Planning and Zoning Commission also directed staff to work with the applicant to identify any other needed conditions before proceeding to City Council. These conditions are below: D. Development of the Property will provide 20 percent Tree Canopy consistent with the Regional Center Commercial Downtown zoning district. E. Development of the Property will follow the Non-residential and Mixed Use Buildings Site Development Requirements regarding Orientation, Building Materials, and Parking to help ensure compatibility with existing and future uses in the surrounding area. F. Operation Hours are limited to 7:00 a.m. to 7:00 p.m. 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 RCC-D RCC-D Acreage with or without Commercial Commercial, Vacant Commercial Agricultural Use Lots West: Subject Property: East: NR-2 RCC-D RCC-D Acreage with or without Light Manufacturing Vacant Commercial Lots Agricultural Use, Single Family Southwest: South: Southeast: NR-2 NR-2 RCC-D Acreage with or without Commercial, Vacant Commercial Vacant Commercial Lots Agricultural Use Lots Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The proposed change in the comprehensive plan is not consistent with the comprehensive plan. Though industrial uses are supported by the comprehensive plan a Primary Industrial Land Use Principle Organize to minimize conflict - it is the desire of the residents of Denton to organize industrial and employment land use districts to minimize conflicts with adjoining land uses and to most efficiently The location of this request would create conflict with residential uses to the west and commercial uses to the east. The plan does support industrIndustrial centers are intended to provide locations for a variety of work, processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operationsHowever, the plan is not supportive of heavy industries and states these uses will not be permitted in industrial areas. (pg. 51) B.Land use analysis There are 19.3 acres within one mile radius of the subject site zoned IC-G. This land is currently undeveloped. Citywide there are approximately 3,732 acres zoned IC-G of which approximately 2,262 acres are undeveloped. There is not a need for additional IC- G land within the City at this time. C.Future Land Use Allocation/Current Zoning District Allocation Subject Property Future land Use/Zoning allocation Change Based Upon 2.95 ± acres Current Allocation in the City Existing Allocation Request Neighborhood 19.3 acres within a mile 15% increase in a mile Residential Mixed 3,732 total acres zoned IC-G radius radius Use (NRMU) Source: City of Denton Nearest Fire, and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Station 5, 2230 W. Windsor ±2.39 miles Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acres Proposed Demand (Yes or No) Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acres Proposed Demand (Yes or No) Potable Water Consumption 24 (Peak) Yes (GPM) Wastewater Generation 21 (Peak) Yes (GPM) B. Available Capacity: There is currently water capacity available from an existing 8-inch Water Main along Worthington Drive. This line is available for tapping. There is currently wastewater capacity available from an existing 8-inch gravity main along Worthington Drive and an existing 8- Both lines are available for tapping. C. CIP Planned Improvements: There are no planned CIP improvements for water or wastewater at this location. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve 2.95 ± acresProposed Demand (Yes or No) Permitted 14k SF Light Industrial Yes DensityBldg Average Annual Daily Trips 100Yes (AADT) PM Peak Hour 14Yes Trips B. Available Capacity: Worthington Drive has available capacity to accommodate this development. C. Roadway Conditions: Worthington Drive is classified as an improved perimeter street. D. CIP Planned Improvements: There are no planned CIP transportation Projects in this area. Environmental Conditions: A. Surface Water: There is no standing surface water on-site. The site currently drains to the west. There is an existing ditch running parallel with the existing railroad into which this development will discharge runoff water. A detailed drainage analysis will be performed upon platting/permitting. B. Environmentally Sensitive Areas: There are no Environmentally Sensitive Areas (ESAs) on site. Electric: Electric service to the building is provided by a transformer with 1500 kVA of capacity. The service voltage is 480 Y/ 277 volts three phase. Exhibit 10 - Notification Map and Responses CA14-0003, Z14-0014, S14-0004 500 Ft Notification Boundary Subject 200 Ft Notification Boundary Property µ The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should Legend not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of 500 ft bufferIn Favor the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes 200 ft bufferNeutral every effort to produce and publish the most current and accurate information possible. No warranties, expressed or Subject PropertyParcels 075150300 Date: 9/2/2014 implied, are provided for the data herein, its use, or its Feet Path: H:\Portrait - A NOTICES (8.5 x 11)_v10.0.mxd Exhibit 10 - Notification Map and Responses Exhibit 10 - Notification Map and Responses Berry, Michele S From:Don Frazier [dfrazier@fraziercommercial.com] Sent:Tuesday, August 26, 2014 10:18 AM Berry, Michele S To: Cc:'Al McNatt' Subject:Rezoning for Edsco Scan0263.pdf Attachments: Michele, AsrepresentativefortheMcNattfamily,ownersofthepropertyacrossthestreetfromEdsco,pleaseshowtheÞ;©x areinfavorofallrequestsoutlinedinthe{b·z-;ofPublicI; ©zm|attached. Thanks DonaldA.Frazier FrazierCommercial,Inc. 633LondonderryLane Denton,TX76205 940/5660404OFF 940/3914872CELL 1 Exhibit 11 Site Photos Existing Edsco structure adjacent and to the south of Existing Edsco structure adjacent and to the south of the subject property. the subject property. A second view of the existing Edsco structure adjacent A second view of the existing Edsco structure adjacent and to the south of the subject property. and to the south of the subject property. Exhibit 11 Site Photos The subject property, currently undeveloped. The subject property, currently undeveloped. View of hotels and offices looking east from the View of hotels and offices looking east from the subject property. subject property. Exhibit 11 Site Photos Truck and vehicle repair to the north of the subject Truck and vehicle repair to the north of the subject property. property. Offices southeast of the subject property. Offices southeast of the subject property. Exhibit 11 Site Photos Retail and medical office uses to southeast of the Retail and medical office uses to southeast of the subject property. subject property. Retail and medical office uses to southeast of the Retail and medical office uses to southeast of the subject property. subject property. Exhibit12 August27,2014 Planning&ZoningDraftMinutes Commissioner Brian Bentley motioned, Commissioner Frank Conner seconded to approve the 1 Z14-0014 request. Motion carried (5-2). Commissioner Brian Bentley, aye, Commissioner Frank 2 Conner, aye, Chair Jean Schaake, aye, Commissioner Thom Reece, aye, Commissioner Jim 3 Strange, aye, Commissioner Devin Taylor, nay, and Commissioner Amber Briggle, nay. 4 5 D.Hold a public hearing and consider making a recommendation to City Council regarding a request for a Specific Use Permit for a heavy manufacturing use. The subject property is an approximately 2.95 acre parcel, generally located on the west side of Worthington Drive, north of Barcelona Street and south of Schuyler Street being Lot 3, Block A of the Hull Addition. This is part three of a three-part request including CA14-0003 and Z14-0014. (S14-0004, Edsco, Michele Berry) 6 This presentation was heard during Public Hearing item 2B. Taylor stated he would like to 7 motion to approve this request with the conditions that it is limited to only Edsco and that the use 8 can only be hot dipped galvanization. Briggle stated she would second. Lockley stated those are 9 typically uses permitted under conditional requirements. Lockley stated there was no discussion 10 as to what types of requirements would be set. The traffic, emissions, and other items were not 11 discussed. Lockley stated staff recommended denial and there were no conditions for approval. 12 Lockley stated this Commission can move forward with this vote with the only conditions being 13 those listed by Taylor. Briggle thanked Stewart on his pollutants briefing. She stated she agrees 14 with Taylor on this request being considered spot zoning. Briggle stated she felt comfortable 15 with moving forward with the SUP since it all her concerns were addressed. Bentley requested a 16 friendly amendment to Taylor’s motion. Bentley referred to the backup materials that showed a 17 potential for a rainwater runoff issue between the two separate properties, a retaining tank might 18 need to be added or a replat the site to one lot. Bentley stated he would like to see the site 19 replatted into one lot. Bentley apologized for the possible time period that would be added based 20 on the replatting process. He stated this would limit the possibility that these properties are sold 21 off in the future or the ownership changes. Bentley stated he would also like to block any 22 possibility that the applicant goes before the Health and Buildings Standards Commission 23 (HaBSCo) to lessen their environmental requirements. 24 Leal stated the HaBSCo is a different board, and this condition Bentley is requesting is a general 25 that is preventing them to take that option to another City board to lessen their requirements. 26 This might be beyond this Commission’s scope or duties. Leal stated this doesn’t seem like 27 something the applicant has the right to go before HaBSCo to appeal. Bentley stated he has seen 28 it happen before in the past in order for the applicant to save money. Schaake stated that goes 29 beyond this Commissions scope. Bentley stated it is okay to remove that suggested condition; 30 this is just a recommendation to City Council. He stated staff could put a notation to Council and 31 they could handle it how they chose too. Taylor stated he would accept the friendly amendment 32 presented by Bentley, Briggle agreed. 33 34 Schaake stated in regards to the replatting the SUP are is just applying to one parcel. Conner 35 questioned how much work would be required to replat the parcels into one lot. Schaake 36 questioned how they could replat across two different zoning districts. Berry stated the process 37 would take a few months. Edsco would be required to submit building permits, and that would be 38 a few months as well. Schaake stated she doesn’t feel this is a friendly amendment; Schaake 39 11 stated a motion needs to be made and voted on in order to add the friendly amendment to the 1 request. Leal agreed. 2 3 Stewart questioned Leal if this request was submitted for just one of the sites, because that is the 4 only site they wanted this request on, can the SUP be expanded to both sites. Leal stated this is 5 just a recommendation to City Council. Leal added City Council might determine the request 6 differently. He stated if the other lot is not included in the property it would have different 7 zoning classification and it would have its own set of issues. 8 9 Lockley referred to Bentley’s comments. His comments would require the applicant to comply 10 with the air, emissions, and other standards as stated in the DDC. Lockley stated the motion 11 needs to include that condition to comply with that, and then the applicant wouldn’t be able to go 12 before HaBSCo to seek relief for that request. They would be required to comply with all 13 applicable City codes. Lockley stated in regards to the second comment of Bentley’s; this SUP 14 rezoning is subject to the legal description, the notice was posted for only Lot 3, Block A. 15 Schaake stated the motion for platting would be on a separate motion. Bentley stated this 16 Commission sees two different zoning classifications on one lot all the time. He stated he is 17 getting the impression because it wasn’t noticed for the other lot it stops this Commission from 18 moving forward with that condition. Lockley agreed. 19 20 Bentley referred to the applicant, questioning what he would do in regards to the comments 21 about drainage and replatting. Stewart stated his expectation would be to figure out whatever 22 condition is applied. He stated he is aware they have to work on the drainage issues. He and the 23 civil engineer have already been working on those issues. Lockley stated he will retract his 24 statement after hearing Leal speak. This is a land use issue and not a platting issue. This goes 25 beyond what the SUP would allow. Bentley stated he would take the platting comment off the 26 table. He will leave the condition that it must comply with the current standards and regulations 27 of water and air discharge and safety regulations. Schaake agreed. Taylor withdrew his motion, 28 Briggle withdrew her second to the motion. 29 30 31 Leal stated another option is to postpone this item to the next meeting to allow staff and the 32 applicant to sit down and discuss further options. Leal stated he is aware the applicant has been 33 going through this process for the past 14 months. Schaake stated she has heard two very 34 reasonable conditions for this request. 35 36 Conner stated he would like to motion approval based on the following conditions: this approval 37 is for Edsco only, for the only use of hot dipped galvanization, and the applicant must comply 38 with all current standards and regulations of water and air discharge and safety regulations. 39 Strange stated he would second. Reece questioned Leal, stating there is nothing preventing the 40 applicant to work with staff before the September City Council meeting. Leal stated that is 41 correct. There is time for the applicant and staff to meet and discuss other options prior to the 42 City Council meeting to be held in September. 43 44 Commissioner Frank Conner motioned, Commission Jim Strange seconded to approve this 45 request (S14-0004) based on the following Commissioner’s conditions: 1. this approval is for 46 12 Edsco only, 2. with the use of hot dipped galvanization, and 3. must comply with all the air and 1 water quality standards based on the Denton Development Code. Motion approved (7-0). 2 Commissioner Frank Conner, aye, Commissioner Jim Strange, aye, Chair Jean Schaake, aye, 3 Commissioner Thom Reece, aye, Commissioner Brian Bentley, aye, Commissioner Devin 4 Taylor, aye, and Commissioner Amber Briggle, aye. 5 6 E.Hold a public hearing and Consider adoption of an ordinance amending Ordinance No. 2014-137, as amended by Ordinance No. 2014-192, to extend for an additional 45 days, or such other reasonable date, the moratorium on the acceptance, processing and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; clarifying the exemptions to the moratorium; providing a variance procedure; providing a cumulative clause; providing a severability clause; and providing an effective date. (SI14-0005Gas Well Moratorium Ordinance Extension, Darren Groth) 7 Lockley introduced Groth. Groth provided information in regards to the initial moratorium 8 ordinance: on May 6, 2014, the City Council adopted Ord. No. 2014-137 declaring a 9 moratorium. This affects the acceptance, processing, and approval of certain applications for gas 10 well permits, specific use permits (SUP), site plans, development plans, or amendments as they 11 relate to gas well drilling and production activities within the corporate city limits. In regards to 12 the amended moratorium ordinance: on June 17, 2014, City Council adopted Ord. No. 2014-192 13 amending Ord. No. 2014-137. The reason for the amendment was to revise the exemptions and 14 variance procedures and make minor clarification changes. Those revisions clarified which 15 applications were subject to the moratorium and outlined the new process for requesting a 16 variance. 17 18 The proposed revisions are as follows: Per both City Ordinance No. 2014-137 and City 19 Ordinance No. 2014-192, the moratorium remains in effect until midnight September 9, 2014; 20 this request is to consider an extension of the moratorium for an additional 45 days, or such other 21 reasonable date. A 45-day extension continues until October 24, 2014. In addition to the 22 A. extension, the amended ordinance proposes three minor revisions to Section 3: Paragraph “b” 23 - gas well permits must be subject to a gas well development site plan approved in accordance 24 1. with Ordinance Numbers 2013-014 and 2013-304. The previous language required site plan 25 B. approval after January 15, 2013, and did not specify the applicable ordinance. Paragraph “d” - 26 1. the burning of gases via open flame added. Clarifies that both annual inspection permits and 27 C. open flame permits issued pursuit to the Fire Code are exempt from the moratorium. 28 1. Paragraph “e” - clarifies regulations for applications to vacate all, or a portion of, land areas. 29 Current: a date of August 17, 2010 - the proposed revision identifies the date as prior to the 30 adoption of Ordinance Numbers 2010-181 and 2010-196. Groth stated staff recommends 31 approval of this request. 32 33 13 Exhibit13 CITY OF DENTON Exhibit 2 - Site Location/Aerial Map Edsco Subject Property µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City Denton and have been made available to the public based on the Edsco Subject Property Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information Citylimits possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of 0115230460 indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 3 - Existing Future Land Use Map Edsco Neighborhood Center Subject Property Regional Mixed Use Center Existing Land Use Community Mixed Use Center Employment Center Industrial Center µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather Edsco Subject PropertyCommunity Mixed Use Center for reference purposes. These maps are the property of the City CitylimitsRegional Mixed Use Center Denton and have been made available to the public based on the Neighborhood CenterEmployment Center Public Information Act. The City of Denton makes every effort to Downtown University CoreExisting Land Use produce and publish the most current and accurate information Industrial CenterRural Areas possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of 0105210420 indicates understanding and acceptance of this statement. Feet CITY OF DENTON Exhibit 4 - Proposed Future Land Use Map Edsco Neighborhood Center Subject Property Regional Mixed Use Center Existing Land Use Community Mixed Use Center Employment Center Industrial Center µ The City of Denton has prepared maps for departmental use. Legend These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather Edsco Subject PropertyCommunity Mixed Use Center for reference purposes. These maps are the property of the City CitylimitsRegional Mixed Use Center Denton and have been made available to the public based on the Neighborhood CenterEmployment Center Public Information Act. The City of Denton makes every effort to Downtown University CoreExisting Land Use produce and publish the most current and accurate information Industrial CenterRural Areas possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of 0105210420 indicates understanding and acceptance of this statement. Feet Exhibit 5 Hot Dip Galvanization Process Summary Exhibit 5 Hot Dip Galvanization Process Summary Exhibit 6 Federal Sewage Discharge Limits Exhibit 6 Federal Sewage Discharge Limits Exhibit 6 Federal Sewage Discharge Limits Exhibit 7 Potential Pollutants the City Monitors Exhibit 7 Potential Pollutants the City Monitors Exhibit 7 Potential Pollutants the City Monitors Exhibit 7 Potential Pollutants the City Monitors Exhibit 7 Potential Pollutants the City Monitors Exhibit 7 Potential Pollutants the City Monitors Exhibit 7 Potential Pollutants the City Monitors Exhibit 8 Letter from the Applicant Specific Use Permit Application Project Narrative –EDSCO Fasteners, Inc. July 2, 2014 Reviewing Departments City of Denton 221 N. Elm Street Denton, Texas 76201 Background: EDSCO Fasteners is currently located in the City of Denton and has the objective to establish the galvanizing component of their manufacturing process on site in order to remain competitive and function as a business in the City of Denton. This objective is critical to their success as a business located within the City of Denton. The current facility on property 309971 HULL ADDN, BLOCK A, LOT 2R is zoned RCC-D and is classified as Non-conforming use. The proposed building addition will be located on 309974 HULL ADDN, BLOCK A, LOT 3 owned by EDSCO located north of the existing facility. This property is zoned RCC-D and supports light Manufacturing. A Zoning Change Application and Comprehensive Plan Amendment Application have also been submitted simultaneously with this Specific Use Permit Request. SUP Request: EDSCO Fasteners is requesting a Specific Use Permit for this project. EDSCO Fasteners is currently an existing business at this location in the City of Denton. The specific use for this operation meets all of the conditions expressed in the approval criteria in Subchapter 6 of the Denton Development Code. A Comprehensive Plan Amendment has also been submitted. There are adequate Public Facilities currently serving this location as the site is served by the existing Railroad. The existing land surrounding the property is zoned RCC-D which supports light industrial. The existing public facilities are adequate to serve this property for the proposed use. The plan amendment will not incur any additional cost to the City or other governmental entities. There will not be any possible adverse impact on the environment. The Zoning Change will allow EDSCO to expand as an existing use onto the adjacent property. This SUP Request addresses Subchapter 6 of the development code criteria : 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 Adjacent properties in the area are zoned RCC-D that support light industrial, this additional operation for this property is in keeping with the current use and therefore should have no negative impact. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. This specific use is very compatible with the current use on the site so should have no additional impact to 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. Currently, all existing utilities, access roads, drainage and other necessary supporting facilities exist to support this small addition to the current business. All new storm water development will of course be in compliance with all current Denton codes and regulations. Civil Point Engineers, Inc. 3102 Maple Ave. Ste 400, Dallas, TX 75201 Telephone: (972) 554-1100, Facsimile: (866) 682-8129 Exhibit 8 Letter from the Applicant 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. All driveways and parking spaces have no adverse effect on 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. Adequate nuisance prevention measures 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. All site lighting will be located so as to not disturb or adversely affect neighboring properties. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. All landscaping will comply with current City of Denton Landscape codes and regulations. Additional Considerations: Worthington is a collector street and if rezoning to industrial site design standards in Subchapter 35.13.13.3 will not apply. Adequate capacity of infrastructure can and will be provided to and through the subject property. 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 have been considered and there is no negative impact to any of the following areas: Similarity in scale, bulk, and coverage. o Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and o mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact area. o Air quality, including the generation of dust, odors, or other environmental pollutants. o Generation of noise, light, and glare. o The development of adjacent properties as envisioned in The Denton Plan based on the o previous request and approval to change the Comprehensive Plan. We respectfully request your positive determination of this project. Regards, John Bezner, PE Civil Point Engineers, Inc. 3102 Maple Ave. Ste 400, Dallas, TX 75201 Telephone: (972) 554-1100, Facsimile: (866) 682-8129 Exhibit 9 Site Plan