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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1157,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the FY2018-19 Denton Economic
Development Partnership agreement between the City of Denton and the Denton Chamber of Commerce.
City of DentonPage 1 of 1Printed on 8/24/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: August 28, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the FY2018-19 Denton Economic
Development Partnership agreement between the City of Denton and the Denton Chamber of Commerce.
BACKGROUND
The City Council and the Denton Chamber of Commerce first entered into an economic development
partnership agreement in 1986. s
dollars and provides for the administration and operation budget of the Chamber of Commerce
Economic Development that includes:
Prospect generation activities
Marketing activities, i.e. trade shows, publishing/printing, website(s) administration, marketing
materials
Economic Development Partnership Board support
Small Business Development Center support
In Fiscal Year 2017-18, the agreement between the City and the Chamber was significantly different from
prior years specific goals, deliverables, and metrics for
of Economic Development, along with enhanced clauses regarding financial reporting, insurance
requirements, and indemnity. To date in FY17-18, the Chamber has met or exceeded the terms of the
agreement.
The FY18-19 draft agreement fol
changes:
The addition of shared strategic initiatives
o Increasing the percentage of jobs paying $75,000 or more annually from 10 to 14% by 2021
o Increasing the percentage of jobs paying $25,000 or more annually from 68 to 71% by 2021
o Increasing the percentage of business owners rating Denton as a good place to do business
from 60 to 70% by 2021
Revision of goals related to website and social media marketing
o Increase DentonEDP.com page views by 10% over FY17-18
o Increase unique users on DentonEDP.com by 10% over FY17-18
o Increase social media engagement on Facebook, LinkedIn, and Twitter by 5% over FY17-
18
Addition of a goal for new contacts at marketing events and reporting of those contacts
o Establish an average of three new contacts per marketing event and specifically designate
those contacts in monthly reports to the City
Increase in number of site visits from target industry companies
o Seven site visits in FY18-19
Addition of a duty to enga
through the Denton Economic Development Partnership investor program and associated goals
o Raise private sector funds of $75,000
o Increase number of investors by two over FY17-18
The draft agreement was reviewed by Chamber staff and Board leadership; no changes were requested by
the Chamber.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
August 8, 2018 Staff presented a work session on the Denton Economic Development Partnership
agreement to the Economic Development Partnership Board
June 19, 2018 The Denton Chamber of Commerce presented its funding request to the City Council.
FISCAL INFORMATION
The Denton Chamber of Commerce has requested funding from the City of Denton in the amount of
$238,836 for economic development efforts in FY 2018-19. Funding is divided evenly at $47,767 each
among the General Fund and the Electric, Water, Wastewater, and Solid Waste Administration Funds.
OPTIONS
1) Renew agreement as presented by staff
2) Renew agreement with additional changes
3) Do not renew agreement
RECOMMENDATION
Staff recommends renewal of the agreement as presented.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 2018-19 redline draft Chamber of Commerce Economic Development Ordinance and Contract
Exhibit 3 2018-19 clean draft Chamber of Commerce Economic Development Ordinance and Contract
Exhibit 4 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
ORDINANCE NO. _____________________
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS, AND THE DENTON CHAMBER OF COMMERCE REGARDINGANECONOMIC
DEVELOPMENT PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton (City) deems it is in the public interest
and serves a municipal and public purpose to enter into an agreement with the Denton Chamber
of Commerce (Chamber) for the purpose of providing for a program to promote economic
development through the joint effort of the parties hereto;
WHEREAS, both the City and the Chamber
following strategic initiatives: increasing the percentage of jobs paying $75,000 or more annually from 10 to 14 percent
by 2021; increase the percentage of jobs paying $25,000 or more annually from 68 to 71 percent by 2021; and
increasing the percentage of business owners rating Denton as a good place to do business from 60 to 70 percent by
2021; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. City Council finds that the Agreement between the City of Denton and the
Denton Chamber of Commerce serves a valid municipal and public purpose and is in the public
interest.
SECTION 2. The Agreement between the City of Denton and the Denton Chamber of
Commerce attached hereto and made a part hereof by reference (the is hereby
approved. The Mayor, or in his absence, the Mayor Pro Tem,is hereby authorized to executethe
Agreement on behalf of the City of Denton. The City Manager is hereby authorized to carry out
the rights and duties under the Agreementincluding authorization for the expenditure of
funds providedforin the Agreement.
SECTION 3. This Ordinance shall become effective October 1, 20172018, upon its
passage and approval.
SECTION 4. The motion to approve this ordinance was made by
__________________________ and seconded by _________________________________, the
ordinance was passed and approved by the following vote \[___ -___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2018.
__________________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
THIS AGREEMENT HAS BEEN
Formatted: Font:Not Bold
Formatted: Left
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
PASSED AND APPROVED this the _________ day or __________________, 2017.
Formatted: Tab stops: 0.65", Left
Formatted: Tab stops: 2.45", Left
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ______________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: ______________________________________
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE
development through the joint efforts of the parties hereto, who in consideration of the mutual
promises, agree as follows:
1. During the term of this
Agreement, the Chamber shall maintain an Office of Economic Development managed by
the Vice President of Economic Development, who shall perform the duties of the office.
2. Duties of the Office.The Chamber shall:
a. Develop an annual comprehensive Marketing Plan and produce print, digital, and
promotional materials to market Denton to companies, site selectors, brokers, and
developers.
i. Goals:
1. Increase DentonEDP.com page views by 2010% over FY
20162017-1718;
2. Increase unique users on DentonEDP.com by 2010% over FY
20162017-1718; and
3. Collect baselineIncrease social media data engagement on
Facebook, LinkedIn, and Twitter by 5% over FY 2017-2018to
.
ii. Deliverables: The Chamber must present the annual comprehensive
Marketing Plan to the Economic Development Partnership Board in
November following execution of this Agreement. The plan must include:
1. Strategies/timelines for print and digital ad buys;
2. A schedule for maintenance and updates to DentonEDP.com;
3. Social media (platforms used, type of content to be posted, and
posting schedule; and
4. Planned marketing trips.
iii. Metrics: The Chamber must
Economic Development a:
1. Monthly Activity Report on DentonEDP.com, including a page
view summary, top referral sources, and top keyword sources;
4
2. Monthly Facebook Insights Summary Report, including page views,
reach, and post engagements;
3. Monthly Twitter Activity Summary, including number of tweets and
impressions; and
4. Quarterly LinkedIn Activity Report, including profile views within
the prior 90 days, post views by month, and search appearances by
week.
b. Recruit prospectiv industry sectors of
aviation/aerospace, advanced manufacturing, renewable energy, research and
development, information technology, and supply chain logistics/distributionfor
existing primary employers, and significant consumers of municipal utilities by
conventions/business meetings/special events.
i. Goal:Establish an average of three (3) new contacts per marketing event
during FY2018-19.
ii. Deliverables: The Chamber must
Director of Economic Development detailing the prior
trips. The Chamber will provide a fiscal year-
marketing trips.
iii. Metrics: The Chamber must
Economic Development:
1. Monthly reports: expenditures per trip, names/organizations of
direct contacts made by Chamber Economic Development staff
(specifically designating new contacts made at each event), and
follow up activities undertaken with each contact; and
2. Year-end reports: inquiries, leads, prospects, proposals, site visits,
locations, etc., and to which marketing trip they relate.
c. Serve as the point of contact and coordinate responses to leads originating from
sources other than the Office of Economic Development and the
Dallas Regional Chamber.
i. Goals:
1. Forty-two (42) engagements or proposalslead responses; and
2. Site visits from six seven (67
target industry sectors (as listed in 2b of this Agreement).
5
ii. Deliverables: The Chamber must
activity.
iii. Metrics: The Chamber must provide in the report to the
Director of Economic Development the following: Source of lead
(including the name/contact information of the company, site selector,
broker, or developer); company type;project name;site needs; capital
investment; jobs created; whether a proposal was submitted; conversion of
proposals into further requests for information, site visits, etc.
d. Prepare monthly Chamber-only activity reports (excluding prospect responses by
the City), including current year budget and actuals to date, for the Economic
Development Partnership Board.
i. Deliverables: The Chamber must provide the reports
Director of Economic Development by close of business on the first
Thursday of each month.
e. Present an update/budget request to the Denton City Council
annual budget process, and include the following with the request:
i. Deliverables: The Chamber must provide in its request Performance
measures; Prior year accomplishments, process improvements, and cost
containment efforts; Goals for the coming fiscal year; Three prior fiscal year
budgets and actuals; and The current year budget and actuals to date.
f. Maintain memberships and involvement in economic development organizations
and groups such asincluding, but not limited to, the International Economic
Development Council, the Texas Economic Development Council, and Team
Texas, and TexasOne.
Formatted: Highlight
g.
Development.
i. Deliverables: The Chamber must provide a Profit and Loss Budget
Performance Statement on a quarterly basis, its annual audited financials,
Formatted: Font:
Formatted: Indent: Left: 1.5", No bullets or
h.
numbering
Formatted
the Denton Economic Development Partnership investor program, by which private
sector funds are solicited by the Chamber and contributed in support of economic
development activities.
Formatted: Indent: Left: 1",No bullets or numbering
6
i. Goals:
1. Solicit and contribute private sector funds of at least $75,000.
Formatted
i.2. Increase total number of Denton Economic Development
Partnership investors by two (2) over FY 2017-18
3. Support Services and Funding. The Chamber shall provide the office space, equipment,
and support staff necessary to the operations of the Office. For Fiscal Year 20172018-1819,
the Chamber shall solicit and contribute private sector funds of at least $7075,000 (as listed
in 2h of this Agreement), and the City shall provide funding in the amount of one lump-
sum of $238,836, which may be funded from the General Fund, Utilities Funds, or some
combination thereof. The balance of any unused City funds shall be returned to the City at
the end of the fiscal year.
Any funds provided by the City pursuant to this Agreement shall be retained in an account
separa
for the purpose provided for in this Agreement. The Chamber and the Office shall keep
current and accurate records of all funds received and expended, as well as deliverables
and metrics specified herein, which shall be subject to inspection and audit by the City at
all reasonable times.All such records shall be subject to the Texas Public Information Act,
4. Independent Status of Office. The Office shall be under the direct supervision and control
of the Chamber and all personnel of the Office shall be considered employees or agents of
the Chamber and not of the City. The Chamber shall be responsible for the processing of
all benefits or payment liabilities of such employees or agents, including the withholding
or payment of personal income or social security taxes, as provided by applicable law, and
5. Insurance. The Chamber shall maintain policies of insurance for the duration of the
Agreement, as outlined in Attachment A, to protect against liability arising from the
operation of the Office. The Chamber must provide a copy of the Certificate of Insurance
showing the City added as an insured within a reasonable time of execution of this
Agreement and each time there is a change in coverage or carrier, a copy must be provided
to the City of Den
6. INDEMNITY. THE CHAMBER AGREES TO DEFEND, INDEMNIFY, AND
HOLD HARMLESS THE CITY, ITS ELECTED OFFICIALS, OFFICERS,
AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM ANY AND ALL
CLAIMS, SUITS, OR LIABILITIES ARISING FROM OR RELATED TO ANY
ACT OR OMISSION OF THE CHAMBER, ITS OFFICERS, DIRECTORS,
OFFICIALS, EMPLOYEES, OR REPRESENTATIVES IN THE PERFORMANCE
OF THIS AGREEMENT. THIS INCLUDES PROPERTY DAMAGE, PERSONAL
INJURY OR DEATH AND ALSO COVERS COSTS OF SUIT AND ATTORNEYS
FEES.
7
7. Term of Agreement. This Agreement shall be effective from October 1, 20172018,
through September 30, 20182019.
8. Termination. Either party may terminate this Agreement by giving written notice to the
other party thirty (30) days in advance of the termination date, in which case any
unexpended funds provided by the City shall be returned to the City within fifteen (15)
days from the date the written notice is mailed to the Chamber. If the Chamber fails to meet
the Deliverables or Metrics required under this Agreement, and it results in termination of
the Agreement by the City, then the Chamber will not be eligible for any future funding
from the City for a one (1) year period.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and supersedes any previous agreements, oral or written. This Agreement may only be
modified by the subsequent mutual written agreement executed by the City and the
Chamber.
10. Waiver. Any waiver by the City of any provision or condition of this Agreement shall not
be construed to be a waiver of any other provisions or conditions of this Agreement.
11. Governing Law. This Agreement shall be governed by the laws of the State of Texas. The
City expressly does not waive any defenses to any claims of any sort by virtue of this
Agreement, including its Sovereign Immunity, and states that this is an economic incentive
12. Severability. Should any provision of this Agreement be adjudged illegal, invalid or
unenforceable, such illegality, invalidity or unenforceability shall not affect the legality,
validity of enforceability of the Agreement as a whole or any sections, subsections,
sentences, or clauses herein.
EXECUTED this the _______________ day of ________________, 20172018.
CITY OF DENTON
______________________________
CHRIS WATTS, MAYOR
8
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: ___________________________________
DENTON CHAMBER OF COMMERCE
By: ______________________________
Its: ______________________________
9
Attachment A
INSURANCE REQUIREMENTS
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Chamber, the Chamber shall provide
and maintain until the agreement has been terminated, the minimum insurance coverage as indicated
hereinafter.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the
following general specifications, and shall be maintained in compliance with these general specifications
throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas with an
A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the
City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect
to the City, its officials, agents, employees and volunteers; or, the Chamber shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees and
volunteers.
That such insurance is primary to any other insurance available to the Additional Insured
with respect to claims covered under the policy and that this insurance applies separately
to each insured against whom claim is made or suit is brought. The inclusion of more than
one insured shall not operate to increase the insurer's limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies described on the
certificate be cancelled or materially changed before the expiration date.
Should any of the required insurance be provided under a claims made form, Chamber shall
maintain such coverage continuously throughout the term of this contract and, without lapse, for a
period of three years beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes a general
annual aggregate limit providing for claims investigation or legal defense costs to be included in
the general annual aggregate limit, the Chamber shall either double the occurrence limits or obtain
Owners and Chambers Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments originating
after such lapse shall not be processed until the City receives satisfactory evidence of reinstated
coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated,
City may, at its sole option, terminate this agreement effective on the date of the lapse.
10
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with
the following marked specifications, and shall be maintained in compliance with these additional
specifications throughout the duration of the Contract, or longer, if so noted:
\[X\] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 shall
be provided and maintained by the Chamber. The policy shall be written on an occurrence
basis either in a single policy or in a combination of underlying and umbrella or excess
policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
\[X\] Automobile Liability Insurance:
Chamber shall provide Commercial Automobile Liability insurance with Combined Single Limits
(CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella
or excess policies. The policy will include bodily injury and property damage liability arising out
of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction
with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement
for:
any auto, or
all owned, hired, and non-owned autos.
11
ORDINANCE NO. _____________________
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS, AND THE DENTON CHAMBER OF COMMERCE REGARDING AN ECONOMIC
DEVELOPMENT PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton (City) deems it is in the public
interest and serves a municipal and public purpose to enter into an agreement with the Denton
Chamber of Commerce (Chamber) for the purpose of providing for a program to
promote economic development through the joint effort of the parties hereto;
WHEREAS, both the City and the Chamber
following strategic initiatives: increasing the percentage of jobs paying $75,000 or more annually from 10 to 14
percent by 2021; increase the percentage of jobs paying $25,000 or more annually from 68 to 71 percent by 2021;
and increasing the percentage of business owners rating Denton as a good place to do business from 60 to 70
percent by 2021; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY
ORDAINS:
SECTION 1. City Council finds that the Agreement between the City of Denton and
the Denton Chamber of Commerce serves a valid municipal and public purpose and is in the
public interest.
SECTION 2. The Agreement between the City of Denton and the Denton Chamber
of Commerce attached hereto and made a part hereof by reference (the is
hereby approved. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to
execute the Agreement on behalf of the City of Denton. The City Manager is hereby authorized
to carry out the rights and duties under the Agreement including authorization for the
expenditure of funds provided for in the Agreement.
SECTION 3. This Ordinance shall become effective October 1, 2018, upon its passage
and approval.
SECTION 4. The motion to approve this ordinance was made by
__________________________ and seconded by _________________________________,
the ordinance was passed and approved by the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
1
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2018.
__________________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
2
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE
development through the joint efforts of the parties hereto, who in consideration of the mutual
promises, agree as follows:
1. During the term of this
Agreement, the Chamber shall maintain an Office of Economic Development managed by
the Vice President of Economic Development, who shall perform the duties of the office.
2. Duties of the Office. The Chamber shall:
a. Develop an annual comprehensive Marketing Plan and produce print, digital, and
promotional materials to market Denton to companies, site selectors, brokers, and
developers.
i. Goals:
1. Increase DentonEDP.com page views by 10% over FY 2017-18;
2. Increase unique users on DentonEDP.com by 10% over FY 2017-
18; and
3. Increase social media engagement on Facebook, LinkedIn, and
Twitter by 5% over FY 2017-2018.
3
ii. Deliverables: The Chamber must present the annual comprehensive
Marketing Plan to the Economic Development Partnership Board in
November following execution of this Agreement. The plan must include:
1. Strategies/timelines for print and digital ad buys;
2. A schedule for maintenance and updates to DentonEDP.com;
3. Social media (platforms used, type of content to be posted, and
posting schedule; and
4. Planned marketing trips.
iii. Metrics: The Chamber must
Economic Development a:
1. Monthly Activity Report on DentonEDP.com, including a page
view summary, top referral sources, and top keyword sources;
2. Monthly Facebook Insights Summary Report, including page views,
reach, and post engagements;
3. Monthly Twitter Activity Summary, including number of tweets and
impressions; and
4. Quarterly LinkedIn Activity Report, including profile views within
the prior 90 days, post views by month, and search appearances by
week.
b. Recruit prospectiv industry sectors of
aviation/aerospace, advanced manufacturing, renewable energy, research and
development, information technology, supply chain for existing primary
employers, and significant consumers of municipal utilities by attending target
meetings/special events.
i. Goal: Establish an average of three (3) new contacts per marketing event
during FY2018-19.
ii. Deliverables: The Chamber must
Director of Economic Development detailing the prior
trips. The Chamber will provide a fiscal year-
marketing trips.
iii. Metrics: The Chamber must
Economic Development:
1. Monthly reports: expenditures per trip, names/organizations of
direct contacts made by Chamber Economic Development staff
4
(specifically designating new contacts made at each event), and
follow up activities undertaken with each contact; and
2. Year-end reports: inquiries, leads, prospects, proposals, site visits,
locations, etc., and to which marketing trip they relate.
c. Serve as the point of contact and coordinate responses to leads originating from
sources other than the Office of Economic Development and the
Dallas Regional Chamber.
i. Goals:
1. Forty-two (42) lead responses; and
2. Site visits from seven (7
industry sectors (as listed in 2b of this Agreement).
ii. Deliverables: The Chamber must
activity.
iii. Metrics: The Chamber must provide in the report to the
Director of Economic Development the following: Source of lead
(including the name/contact information of the company, site selector,
broker, or developer); company type; project name; site needs; capital
investment; jobs created; whether a proposal was submitted; conversion of
proposals into further requests for information, site visits, etc.
d. Prepare monthly Chamber-only activity reports (excluding prospect responses by
the City), including current year budget and actuals to date, for the Economic
Development Partnership Board.
i. Deliverables: The Chamber must provide the reports
Director of Economic Development by close of business on the first
Thursday of each month.
e. Present an update/budget request to the Denton City Council
annual budget process, and include the following with the request:
i. Deliverables: The Chamber must provide in its request Performance
measures; Prior year accomplishments, process improvements, and cost
containment efforts; Goals for the coming fiscal year; Three prior fiscal year
budgets and actuals; and The current year budget and actuals to date.
f. Maintain memberships and involvement in economic development organizations
and groups including, but not limited to, the International Economic Development
Council, the Texas Economic Development Council, and Team Texas.
5
g.
Development.
i. Deliverables: The Chamber must provide a Profit and Loss Budget
Performance Statement on a quarterly basis, its annual audited financials,
h.
the Denton Economic Development Partnership investor program, by which private
sector funds are solicited by the Chamber and contributed in support of economic
development activities.
i. Goals:
1. Solicit and contribute private sector funds of at least $75,000.
2. Increase total number of Denton Economic Development
Partnership investors by two (2) over FY 2017-18
3. Support Services and Funding. The Chamber shall provide the office space, equipment,
and support staff necessary to the operations of the Office. For Fiscal Year 2018-19, the
Chamber shall solicit and contribute private sector funds of at least $75,000 (as listed in 2h
of this Agreement), and the City shall provide funding in the amount of one lump-sum of
$238,836, which may be funded from the General Fund, Utilities Funds, or some
combination thereof. The balance of any unused City funds shall be returned to the City at
the end of the fiscal year.
Any funds provided by the City pursuant to this Agreement shall be retained in an account
separa
for the purpose provided for in this Agreement. The Chamber and the Office shall keep
current and accurate records of all funds received and expended, as well as deliverables
and metrics specified herein, which shall be subject to inspection and audit by the City at
all reasonable times. All such records shall be subject to the Texas Public Information Act,
4. Independent Status of Office. The Office shall be under the direct supervision and control
of the Chamber and all personnel of the Office shall be considered employees or agents of
the Chamber and not of the City. The Chamber shall be responsible for the processing of
all benefits or payment liabilities of such employees or agents, including the withholding
or payment of personal income or social security taxes, as provided by applicable law, and
5. Insurance. The Chamber shall maintain policies of insurance for the duration of the
Agreement, as outlined in Attachment A, to protect against liability arising from the
operation of the Office. The Chamber must provide a copy of the Certificate of Insurance
6
showing the City added as an insured within a reasonable time of execution of this
Agreement and each time there is a change in coverage or carrier, a copy must be provided
to the City of Den
6. INDEMNITY. THE CHAMBER AGREES TO DEFEND, INDEMNIFY, AND
HOLD HARMLESS THE CITY, ITS ELECTED OFFICIALS, OFFICERS,
AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM ANY AND ALL
CLAIMS, SUITS, OR LIABILITIES ARISING FROM OR RELATED TO ANY
ACT OR OMISSION OF THE CHAMBER, ITS OFFICERS, DIRECTORS,
OFFICIALS, EMPLOYEES, OR REPRESENTATIVES IN THE PERFORMANCE
OF THIS AGREEMENT. THIS INCLUDES PROPERTY DAMAGE, PERSONAL
INJURY OR DEATH AND ALSO COVERS COSTS OF SUIT AND ATTORNEYS
FEES.
7. Term of Agreement. This Agreement shall be effective from October 1, 2018, through
September 30, 2019.
8. Termination. Either party may terminate this Agreement by giving written notice to the
other party thirty (30) days in advance of the termination date, in which case any
unexpended funds provided by the City shall be returned to the City within fifteen (15)
days from the date the written notice is mailed to the Chamber. If the Chamber fails to meet
the Deliverables or Metrics required under this Agreement, and it results in termination of
the Agreement by the City, then the Chamber will not be eligible for any future funding
from the City for a one (1) year period.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and supersedes any previous agreements, oral or written. This Agreement may only be
modified by the subsequent mutual written agreement executed by the City and the
Chamber.
10. Waiver. Any waiver by the City of any provision or condition of this Agreement shall not
be construed to be a waiver of any other provisions or conditions of this Agreement.
11. Governing Law. This Agreement shall be governed by the laws of the State of Texas. The
City expressly does not waive any defenses to any claims of any sort by virtue of this
Agreement, including its Sovereign Immunity, and states that this is an economic incentive
12. Severability. Should any provision of this Agreement be adjudged illegal, invalid or
unenforceable, such illegality, invalidity or unenforceability shall not affect the legality,
validity of enforceability of the Agreement as a whole or any sections, subsections,
sentences, or clauses herein.
7
EXECUTED this the _______________ day of ________________, 2018.
CITY OF DENTON
______________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: ___________________________________
DENTON CHAMBER OF COMMERCE
By: ______________________________
Its: ______________________________
8
Attachment A
INSURANCE REQUIREMENTS
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Chamber, the Chamber shall provide
and maintain until the agreement has been terminated, the minimum insurance coverage as indicated
hereinafter.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the
following general specifications, and shall be maintained in compliance with these general specifications
throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas with an
A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the
City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect
to the City, its officials, agents, employees and volunteers; or, the Chamber shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees and
volunteers.
That such insurance is primary to any other insurance available to the Additional Insured
with respect to claims covered under the policy and that this insurance applies separately
to each insured against whom claim is made or suit is brought. The inclusion of more than
one insured shall not operate to increase the insurer's limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies described on the
certificate be cancelled or materially changed before the expiration date.
Should any of the required insurance be provided under a claims made form, Chamber shall
maintain such coverage continuously throughout the term of this contract and, without lapse, for a
period of three years beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes a general
annual aggregate limit providing for claims investigation or legal defense costs to be included in
the general annual aggregate limit, the Chamber shall either double the occurrence limits or obtain
Owners and Chambers Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments originating
after such lapse shall not be processed until the City receives satisfactory evidence of reinstated
coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated,
City may, at its sole option, terminate this agreement effective on the date of the lapse.
9
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with
the following marked specifications, and shall be maintained in compliance with these additional
specifications throughout the duration of the Contract, or longer, if so noted:
\[X\] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 shall
be provided and maintained by the Chamber. The policy shall be written on an occurrence
basis either in a single policy or in a combination of underlying and umbrella or excess
policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
\[X\] Automobile Liability Insurance:
Chamber shall provide Commercial Automobile Liability insurance with Combined Single Limits
(CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella
or excess policies. The policy will include bodily injury and property damage liability arising out
of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction
with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement
for:
any auto, or
all owned, hired, and non-owned autos.
10
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1335,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheFY2018-19CityManager’sProposed
Budget, Capital Improvement Program, and Five-Year Financial Forecast.
City of DentonPage 1 of 1Printed on 8/24/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
DCM: Bryan Langley
DATE: August 28, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the FY 2018-
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
BACKGROUND
The FY 2018- Proposed Budget was submitted to the City Council on July 27, 2018.
Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work
ththst
Session on August 2, 2018 and additional work sessions on August 7, 14 and 21. The purpose of this
agenda item is to provide the City Council an additional opportunity for questions and dialogue on the FY
2018--Year Financial
Forecast.
Below is the schedule for the adoption of the tax roll, tax rate and budget:
nd
September 11, 2018 - 2 Public Hearing on Tax Rate
Public Hearing on Proposed Budget
September 18, 2018 - City Council Tax Roll, Tax Rate and Budget
I look forward to discussing the City -19 Proposed Budget in detail with you. If you
have any questions, or need additional information, please let me know.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Budget Follow-Up Memorandum
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Director of Finance
Finance Department
215 E. McKinney St., Denton, TX 76201 (940) 349-8531
MEMORANDUM
DATE: August 28, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Antonio Puente, Jr., Director of Finance
SUBJECT: City Council Budget Questions and Responses
Information regarding the FY 2018-19 Preliminary Budget was presented to the City Council on
th, ththththth
June 5and July 17. Department presentations have been presented on June 5, 6, 13, 20,
thththndnd
27, July 18, and 25, and Aug 2, 2018. The Proposed Budget was presented on August 2.
Below is a summary of the most recent questions and requests, from the City Council as I
understand them, and the responses compiled to date.
1. Please provide information on the Downtown TIRZ, a breakdown of new
improvements vs assessed value.
5ƚǞƓƷƚǞƓ Lw tƩƚƦĻƩƷǤ ğƌǒĻ DƩƚǞƷŷ
#§ ¦¤ ¨ 6 «´¤ ®¥
#§ ¦¤ ¨ #¤±³¨¥¨¤£
4 · 9¤ ± .¤¶ 6 «´¤ %·¨²³¨¦
#¤±³¨¥¨¤£ 6 «´¤ ȴ 6 «´¤²
0±®¯¤±³¨¤²
2018 $1,447,389 $23,502,435 $24,949,824 $167,000,575
2017 $6,125,369 ($96,096) $6,029,273 $142,050,751
2016 $334,140 $17,246,762 $17,580,902 $136,021,478
2015 $4,803,671 ($1,248,168) $3,555,503 $118,440,576
2014 $2,727,890 $15,869,233 $18,597,123 $114,885,073
2013 $3,855,976 $2,826,339 $6,682,315 $96,287,950
2012 $3,985,250 $3,962,577 $7,947,827 $89,605,635
4®³ « ͡ΑΒǾΑΖΘǾΕΗΔ ͡ΕΑǾΏΕΒǾΏΗΑ ͡ΗΔǾΒΓΑǾΖΕΖ ͡ΗΕΓǾΑΘΑǾΏΒΗ
* Certified Value of the Downtown TIRZ in 2011 was $81,657,808
Below is a list of significant additions complete within the TIRZ. They are listed by year
completed, in most cases their values rose the following year.
ΑΏΐΑ
Locust Street Terrace (apartments, S. Locust)
Texas Building rehabilitation
Victoria Station (apartments, S. Bell)
ΑΏΐΒ
210 Locust (apartments, mixed use, S. Locust)
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
Finance Department
215 E. McKinney St., Denton, TX 76201 (940) 349-8531
ΑΏΐΓ
H Squared (apartments, mixed use, W. Hickory)
ΑΏΐΔ
Harvest House (Bar, night life, E. Hickory)
Railyard (offices, E. Hickory)
ΑΏΐΕ
East End Lofts (apartments by Railyard, E. Hickory)
Seven Twelve Apartments (S. Elm)
ΑΏΐΖ
Denton County Brewing Company (E. McKinney)
Armadillo Aleworks (S. Bell)
2. Please provide information on whether or not the 1% interest fee in the Miscellaneous
Rate Ordinance was previously eliminated.
.ğƭĻķ ƚƓ ķźƩĻĭƷźƚƓ ŅƩƚƒ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ ƚƓ WğƓǒğƩǤ ВͲ ЋЉЊБ źƓ ĭƚƓƆǒƓĭƷźƚƓ ǞźƷŷ ƩĻǝźƭźƚƓƭ Ʒƚ ƷŷĻ
ǞĻƩĻ ƩĻƒƚǝĻķ ğƓķ ƓƚƷ ƷŷĻ źƓƷĻƩĻƭƷ ŅĻĻ źƷƭĻƌŅ͵
3. Please provide information on the same day service fee in the Miscellaneous Rate
Ordinance.
ability to perform this function remotely for electric meters although water meters still
require manual reconnects. The intent of the same day service fee is to guarantee that the
service will be reconnected the day requested rather than the uncertainty of same day or
next day reconnection. Below is a comparison of the same day service fee for other
municipal utilities:
Bryan - $0
Denton Proposal to decrease from $61 to $30 beginning FY 2018-19
Garland No option to reconnect after 6pm.
Georgetown - $50
Greenville - $35
Lubbock - $87
New Braunfels - $125
San Marcos - $170
Weatherford - $20
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
Finance Department
215 E. McKinney St., Denton, TX 76201 (940) 349-8531
4. Please provide information on late payment fee options (Miscellaneous Rate
Ordinance).
The late payment fee was increased from $10 to $20 on February 1, 2011. The reason for
the increase was to encourage frequently delinquent customers to pay more promptly. Prior
to implementation of the increased late payment fee, there were frequently more than 8,000
delinquent accounts each month with a peak of 9,249 delinquent accounts in October 2010.
Since implementation of the increased late payment fee, delinquencies have decreased and
averaged approximately 6,900 per month. For FY 2016-17, delinquencies were down to
an average of 4,875 per month. Below is a comparison of late payment fees for other
municipal utilities:
Bryan 5%
Denton $20
Garland 5%
Georgetown 10%
Greenville 5%
Lubbock 5%
New Braunfels 10%
San Marcos 10%
Weatherford 5%
5. Please provide information on removing transfers between funds.
This information is provided in Attachment 1.
Attachments:
Attachment 1: Transfers Summary
Attachment 2: Personnel Services by Fund
Attachment 3: Park Fee Ordinance
Attachment 4: Solid Waste Rate Ordinance
Attachment 5: Electric Rate Ordinance
Attachment 6: Miscellaneous Rate Ordinance
Attachment 7: Fire Fee Ordinance
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ATTACHMENT 1
.%4 "5$'%4 2%3/52#% lj %80%.$)452% 35--!29
2016-172017-182018-19
2%3/52#%3 ACTUALBUDGETPROPOSED
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*
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EXPENDITURESACTUALBUDGETPROPOSED
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4/4!, %80%.$)452%3͡ ΗΓΘǾΔΖΘǾΐΖΏ͡ ΐǾΐΖΑǾΒΔΑǾΏΗΗ ͡ ΐǾΐΗΗǾΔΏΑǾΘΑΗ
*
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͡ ȨΑΏΐǾΓΔΘǾΕΗΑȩ͡ ȨΑΓΔǾΘΓΐǾΐΓΕȩ͡ ȨΑΒΖǾΏΔΗǾΘΕΔȩ
.¤³ "´£¦¤³ %·¯¤²¤²͡ 648,119,489 ͡ 926,410,942 ͡ 951,443,963
*
Transfers:
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ATTACHMENT 2
ATTACHMENT 3
Parks and Recreation Department
601 E. Hickory St., Suite B, Denton, TX 76201 (940) 349-7275
MEMORANDUM
DATE: August 28, 2018
TO: Todd Hileman, City Manager
FROM: Gary Packan, Director of Parks and Recreation
SUBJECT: Fee Schedule Changes - FY 2018-19
As part of the annual budget process the Parks and Recreation Department is recommending the
following changes and adjustments to the schedule of fees. Proposed fee changes were reviewed
by the Parks, Recreation and Beautification Board on August 6, 2018 and recommended for
approval with a vote of 4-0.
Attached is a copy of the full schedule of fees with the changes redlined.
New Fees
Water Park Luxury Loungers
3 Hour Rental (Mon-Thu) - $30
Extra Hour (Mon-Thu) - $10
All Day Rental (Mon-Thu) - $50
3 Hour Rental (Fri-Sun) - $40
Extra Hour (Fri-Sun) - $10
All Day Rental (Fri-Sun) - $65
$5 off rental for pass holders
Luxury Loungers are a new amenity to the Water Park as of summer 2018.
Employee Wellness Incentive
Denton ISD Employee All Access Annual Aquatics Pass - $50 per each immediate
family member
This fee was recommended by Pros Consulting in the Aquatics Assessment and discussed with
Council and Denton ISD on May 7, 2018.
American Legion Hall
Kitchen - $15 per hour
Classroom - $15 per hour
Terrace - $15 per hour
Main Room changing names to Room A price remains $20 per hour
Annex changing names to Room B price remains $20 per hour
These changes are in anticipation of the upcoming remodel of the American Legion Hall.
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
Senior Center
Green Room - $20 per hour (repurposed into rentable space)
Fee Increases
Center Facility Rentals
Security Fee from $20 to $35 per hour
A review of this fee revealed it was not covering the true cost. Officers working facility rentals
may be at any Step on the pay plan. Officers are paid overtime when working facility rentals.
or below. To move to full cost recovery of a Step D officer would be $52.63, an increase of
263%, which would be cost prohibitive to our customers.
Fee Reinstatements
IOOF & Oakwood Cemeteries
Late Fee for Monument Work Permit - $500 if permit requested less than 24 full business
hours prior to monument install
Late Fee for Interment Permit - $500 if permit requested less than 24 full business hours
prior to interment
A review of the current fee scheduled determined these cemetery fees were on previous schedule
of fees, but not listed on the FY 2017-18 schedule of fees. These fees are established per
ordinance 2009-239.
Fee Corrections
A review of the FY 2017-18 fee scheduled determined the following fees have been advertised
and/or charged, but not previously listed on the schedule of fees:
Center Facility Rentals
Civic Center Marquee Rental - $20 per day with Civic Center rental
Denia Game Room - $25 per hour
Martin Luther King, Jr. - Meeting Room B - $20 per hour
Senior Center - Room 144 changing names to Orange Room no fee change
Senior Center - Room 145 changing names to Blue Room no fee change
Athletic Field Rentals
Disc Golf Course - $25 per hour
Hockey Rink at Mack Park - $25 per hour
Labor Fee - $38 per hour includes field prep, trash pickup, clean restrooms
After Rental Light Fee - $10 per hour per field
Bleacher Fee - $100 flat fee per bleacher for loading, hauling, and setting not native to
the field rented
Soccer Goal Fee - $350 flat fee per pair of soccer goals for loading, hauling, and setting
not native to the field rented
Field Marker Fee - $150 flat fee per field for line marking a sport not native to the field
rented
Temporary Fence Field Rental - $150 per field
Temporary Fence Complex Rental - $75 per field per complex rental
Scoreboard Controller Rental - $100 per complex per tournament/event
2
Scoreboard Controller Deposit - $750 per tournament/event
Deposit - $200 per reservation
Cancelation Fee - $100 if canceled less than seven days from tournament date
Cancelation Fee - $200 if canceled less than two business days from game/tournament
date
Park Rentals
Community Garden Plot - $20 per plot, per year
Cross Country Meet Fee - $150 per meet in addition to park event fee
Cross Country Meet Fee for DISD - $100 per meet
Parking Attendant - $14 per hour for applicable park rentals
Civic Center Pool
Daily Admission 2 and under Free
Water Works Park
Corporate Pavilion - $75 per hour
Corporate Pavilion Area - $150 per hour (includes pavilion, volleyball court and grassy
area)
Natatorium
Lane Rental - $10 per hour
Purchase 4+ three month memberships from $37.50 to $36
All-Access Aquatics Pass
Purchase 4+ annual memberships $120
Fee Removals
Employee Wellness Incentive
Denton ISD Employees - $90 per annual individual natatorium pass
No longer offered due to addition of the $50 all-access aquatics pass for DISD employees.
Civic Center Rentals
Damage Deposit - $800 per reservation for public events
No longer offered due to reservations for public events requiring insurance.
Natatorium
Fitness pass holder 1 month - $10
Fitness pass holder 3 months - $25
Fitness pass holder 12 months - $75
These fees are not charged to the general public, they are related to an internal transfer. It is the
portion of money allocated to the Natatorium when an All Access Fitness Membership is sold,
Senior Center
Room 143 no longer a rentable space. Renovated in 2009 into a game room.
3
New Promotions & Promotion Changes
Water Works Park
Friends and Family Season Pass Package $200 for 4 season passes ($50 per pass) and
each additional pass is $40; must purchase all together.
Family 4 Pack four daily admissions to the Water Park for $52. Optional meal deal
vouchers are an additional $5 each and include choice of hot dog or grilled cheese.
Fee Adjustment Language
Fees may be adjusted on an interim basis throughout the year as new services are
added or to maintain parity with market trends. Interim changes will be submitted for
This statement was added back into the FY 2018-19 schedule of fees, having been on previous
schedule of fees and approved per ordinance 2016-268.
ting promotion will be approved prior to implementation by the City
This statement is new for FY 2018-19 to allow more flexibility for marketing promotions as
needed.
4
Ordinance
Terrace
Craft Rm
Craft Rm
Computer Rm
Game Rm
Green Rm/Classroom
Blue Rm
Half Gym
Plaza
Full Gym
Orange Rm
KitchenKitchenKitchen
Room CRoom C
Rotunda
Room BRoom B
Meeting Rm 2
Room ARoom A
Meeting Rm 1
Hourly rates per room and service fees; multipurpose rooms and rates can be combined to rent one area.Hourly RatesHourly RatesHourly Rates
ATTACHMENT 4
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
DCM: Bryan Langley
DATE: August 27, 2018
SUBJECT
Consider recommending an ordinance establishing the Schedule of Rates for Solid Waste service; providing
for a repealer; providing for a Severability Clause; and providing for an Effective Date.
BACKGROUND
The proposed FY 2018-19 Solid Waste Operating and Capital Budget was approved by the PUB on July
rdnd
23, Council reviewed the Operating and Capital Budget during the August 2 meeting. Over the last
several months, staff have been working with NewGen Strategies & Solutions LLC to complete an in-depth
thth
Cost of Service and Rate Design Study. During the July 9 and July 17 PUB and City Council meetings,
NewGen presented their recommendations regarding the Cost of Service and Rate Design Study. This study
identified several service categories and rates that are over and under recovering, staff will continue to work
with NewGen Strategies & Solutions LLC to develop a plan to address the rates through a rate correction
strategy. Based on the feedback staff receives from PUB and Council regarding the rate correction strategy,
staff may return mid-year with proposed changes to the FY 2018-19 Solid Waste rates.
The following summarizes the proposed rate changes to the Solid Waste Rates:
Residential standard cart rate decreased from $27.85 to $24.51(12% mid-year rate decrease)
Residential large cart rate decreased from $33.25 to $29.26 (12% mid-year rate decrease)
Additional large cart rate decreased from $19.75 to $17.38 (12% mid-year rate decrease)
Sludge, Dewatered increased from $23.00/ton to $46.00/ton.
Clean Concrete, Asphalt, Brick, or Dirt Disposal rate increased from $10/ton to $22.00/ton.
Wholesale Disposal Rate increased from $23.00/ton to $24.50/ton.
The following summarizes the proposed rates to be removed from the Solid Waste Rates:
Commercial Disposal Rate $28.50/ton
Clean Lumber Rate of $23.00/ton.
Contaminated Yard Waste Rate of $44.00/ton
Pull Off Fee $40.00
Screened Sand Sales $4.25/ton
Select Fill Sales $3.75/ton
Select Fill CL Grade Sales $4.50/ton
Rock Sales (per 100 lbs.) $5.00
Material Delivery Fee $100.00
Community Garden Plot Rental Rate of $25.00 and $75.00
RECOMMENDATION
Staff recommends approval.
ESTIMATED SCHEDULE OF PROJECT
The City Council is scheduled to review the FY 2018-19 Solid Waste Rate Ordinance on September 11th.
Adoption of the FY 2018-19 budget and rate ordinances is scheduled for September 18, 2018.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The proposed FY 2017 2018 Solid Waste Operating and Capital Budget was reviewed and approved
rd nd
during the PUB meeting on July 23. The Operating and Capital Budget was reviewed at the August 2
City Council meeting.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. FY 2018-19 Solid Waste Red Line Rate Ordinance
3. FY 2018-19 Solid Waste Rate Ordinance
4. FY 2018-19 Solid Waste Rate Comparison
5. Presentation
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Director of Finance
Prepared by:
Nicholas Vincent
Utility Business Manager
940-349-8063
ORDINANCE NO. 2018- XXX
CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO.
2016-273 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5,
26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE AND RECYCLING
SERVICES; PROVIDING FOR AMENDMENTS TO THE RESIDENTIAL REFUSE &
RECYCLING COLLECTION SERVICES RATES; PROVIDING FOR AMENDMENTS TO THE
COMMERCIAL REFUSE AND RECYCLING COLLECTION SERVICES RATES; PROVIDING
FOR AMENDMENTS TO THE SOLID WASTE & RECYCLING SERVICES DEFINITIONS &
ADDITIONAL DETAILS; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
SECTION 1. The charges for Solid Waste and Recycling collection services as authorized
by Section 24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of
Chapter 24; and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City
of Denton, Texas, are hereby established as follows:
SOLID WASTE AND RECYCLING RATE SCHEDULES
PAGE
RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES ............................. 2
COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES ............................ 3
PROCESSING AND DISPOSAL SERVICES ......................................................................... 55
SOLID WASTE AND RECYCLING SERVICES DEFINITIONS ......................................... 7
1
RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES
(Effective 10/01/2018)
Residential collection services accounts are defined as: A single-family detached dwelling unit, each
unit of a duplex or triplex, or any single unit or living space in which an individual or single family
resides.
Carts are collected weekly. All refuse must be bagged when placed within the refuse cart and the lid
must be fully closed. Recycling materials should not be bagged when placed in the recycling cart
and the lid must be fully closed. All carts must be placed at the curb by 7:00 a.m. on the scheduled
collection day. Residential accounts are billed monthly.
To receive any of the following residential services, residents shall contact Customer Service a
minimum of one day prior to their scheduled collection day.
Monthly Rate
Residential Collection Services
Standard Refuse & Recycling Cart $27.85$24.51
Large Refuse & Recycling Cart $33.25$29.26
Additional Large Cart $19.75$17.38
Residential Service Fees
$7.00
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 cubic yards
$20.00
Appliances and Electronics
$25.00
Residential Remodeling per CY (4 CY maximum)
Cart change out fee for next service day $65.00
2
COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES
(Effective 10/01/2018)
Every owner, occupant, tenant, or lessee of any business, commercial, institutional, or industrial
property not entitled to receive residential refuse collection service shall be required to have
commercial collection service provided by the City of Denton. Commercial accounts will be billed
monthly or semimonthly.
New commercial business development and redevelopment will be provided commercial refuse and
recycling services as outlined in the Denton Development Code and Site Plan Criteria Manual.
Refuse and recyclables will be collected in city provided or city-approved containers only.
The owner/manager of all commercial businesses is responsible for notifying their personnel of
proper recycling procedures.
The City of Denton has the authority to inspect the contents of any municipal container. Recyclable
materials contamination shall not exceed 10%, or the materials will be hauled and billed by the City
of Denton as Municipal Solid Waste.
Commercial Cart Service
One Pair Refuse & Recycling Carts $33.25
Additional Refuse Cart $19.75
Additional Recycling Cart $15.00
Refuse & Recycling Rates
Side Load Service
1x Per 2x Per 3x Per 4x Per 5x Per 6x Per
Size
WeekWeekWeekWeekWeekWeek
3 CY $104.64 $209.28 $313.92 $439.44 $ 576.90 $ 726.84
4 CY $139.52 $279.04 $418.56 $585.92 $ 769.20 $ 969.12
Front Load Service
1x Per 2x Per 3x Per 4x Per 5x Per 6x Per
Size
WeekWeekWeekWeekWeekWeek
3 CY$74.16 $148.32 $222.48 $311.52 $408.75 $515.16
4 CY$98.88 $197.76 $296.64 $415.36 $545.00 $686.88
6 CY$148.32 $296.64 $444.96 $623.04 $817.50 $1,030.32
8 CY$197.76 $395.52 $593.28 $830.72 $1,090.00 $1,373.76
3
Compactor Rates (Per CY)
Front Load Compactor Service $74.16
Commercial Organics Collection Service
Monthly Service Fee (3 CY 1 x week) $374.13
Extra Empty $240.00
Commercial Service Fees
$75.00
Container Right-of-Way Fee $10.00
Same Day Service Fee $50.00
Dumpster Lock Installation (one-time fee) $20.00
Temporary Container Service Charges $200.00
Damaged Containers Repl. Cost
Roll-Off Container Rates
Rental Rates Per Month
Container Rental $167.08
30 Cubic Yard Self Contained Compactor $448.95
42 Cubic Yard Stationary Compactor $645.75
Container Service Fee (Each Haul) $275.00
No Parking Zone Fees
Initial Year
Front Load $205.00
Side Load (Extra Length) $395.00
Renewal Fees - Per Month
Front Load $6.75
Side Load (Extra Length) $10.90
4
PROCESSING AND DISPOSAL SERVICES
(Effective 10/01/2018)
Landfill Rates (per ton) Per Ton
Gate Rate $44.00
Commercial Rate $28.50
City Hauled Disposal Rate (Open Top & Compactors) $40.00
Wholesale Rate $23.00$24.50
Clean Lumber $23.00
Sludge, Dewatered $23.00$46.00
Contaminated Yard Waste $44.00
Clean Concrete, Asphalt, Brick, or Dirt (if needed) $10.00$22.00
Special Waste Varies
Minimum Charge (per load) $25.00
Pull Off Fee (per load) $40.00
After Hour Fee $120.00
Unsecured Loads $20.00
Electronics per item $15.00
Appliances per item $20.00
Cubic Yardage Rates (in event of scale outage)
Uncompacted MSW (per CY) $7.80
Compacted MSW (per CY) $8.00
Tires (Each) Per Tire
$8.00
$10.00
Off- $35.00
Tire with Rim
$16.00
$30.00
Off-ro $50.00
Brush and Green Waste Per Ton
Whole tree stumps $50.00
$20.00
Brush > 12' $30.00
5
Sand, Soil, Rock and Crushed Concrete Sales
Screened Sand $4.25
Select Fill $3.75
Select Fill CL Grade $4.50
Rock and Crushed Concrete
Rocks (per 100 lbs) $5.00
Crushed Concrete (per Ton) $8.00
Materials Delivery Fee (per load, within city limits) $100.00
Community Garden Plots
Annual Charge per Garden Sub- $25.00
$75.00
6
SOLID WASTE & RECYCLING SERVICES DEFINITIONS & ADDITIONAL DETAILS
(Effective 10/01/2018)
Household Hazardous Waste
Residential and multi-family household chemicals should not be placed in refuse or recycling
containers. These waste materials include pesticides, herbicides, cleaning chemicals, paints, oils, etc.
Residents shall contact Customer Service to receive curbside collection. The chemicals should be
kept in their original containers and placed where requested by the Customer Service staff. Residents
may Home Chemical Center located at 1527
S. Mayhill Rd.
Electronic Equipment
Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances
containing CRT, LED, LCD, plasma, and other electronic displays will be charged fees for the
collection, processing, recycling, and disposal of these items.
Residential Remodeling
Residential remodeling materials include, but are not limited to; lumber, brick, fencing, drywall, and
other construction materials. No materials shall exceed 8 feet in length. If the customer has over 4
cubic yards of remodeling materials for collection, the customer is required to utilize a City refuse
container of adequate size to contain the materials and maintain a collection service frequency of at
least once per month.
Residential customers may be provided commercial containers and services at the published
commercial rates. Temporary containers may be placed on residential property for up to 30 days.
Special Event - Clearstream Services
Clearstream containers are available for special events at no charge. For events needing fewer than 10,
they can be picked up and returned by the customer to the Solid Waste & Recycling administration
office located at 1527 S. Mayhill Rd. For events needing more than 10, a delivery charge will apply.
Commercial Cart Collections
In areas where commercial cart collection service is available, small quantity waste generators (one
cubic yard or less of refuse per week) may contract for weekly cart service. All refuse must be
placed in the cart, and the cart set out for collection no later than 7:00 a.m. on the scheduled
collection day.
Commercial Delivery / Relocation / Inaccessible / Exchange Fee / Extra Service
A fee will be charged for container delivery, relocation, inaccessibility, exchange, or extra collection
services.
Commercial Same-Day Service Fee
The Solid Waste Department Customer Service personnel must receive commercial on-demand
service requests prior to 11:00 a.m. in order to provide same day collection service.
Commercial Deposit Fee
A service deposit is required for commercial containers. Payments to the City that are not received
by the due date will result in the cu
7
service, the customer is required to remit the previous service balance owed and the increased
deposit charges. The Director of Solid Waste and Recycling Services, or designee, may adjust the
Shared Commercial Containers
Shared commercial container customers must have at least one cubic yard of service per customer
per week. The rates are billed according to the commercial cubic yard rates. The use of shared
commercial containers shall be determined by the Solid Waste & Recycling staff.
Commercial Service Requirements
Equipment Uses - All equipment furnished by the City shall at all times be considered the property
of the City, and not private property. Customers shall not modify the equipment or use it for any
purpose other than as set forth herein. The City shall repair, as necessary, the equipment furnished.
The customer, however, agrees to be solely responsible for any damages to or loss of equipment
resulting from any negligent acts or misuse by the customer, customer's agents, employees, or
invitees. The City may temporarily replace the size and/or type of equipment contracted with one or
more pieces of equipment of equivalent capacity for the purposes of repairing the equipment.
Customer agrees that the equipment is in the customer's care, custody, and control at all times.
Equipment Location
Customers shall provide an accessible location for the equipment that is safe and provides adequate
and legal clearance. Customers will be solely responsible for providing access to the equipment at all
times and shall not be relieved of payment of any charges for services contracted for, but not
equipment. The equipment location requires a minimum of 4 feet of clearance around all sides of the
of at least 2 feet. Overhead clearance of 25 feet is required for roll-off containers, and 20 feet for
front and side load containers. Failure of the customer to provide and maintain these minimum
clearances will result in a discontinuation of their service until full clearance access is provided, and
will require the customer to pay any and all damage claims, public and private, resulting from
servicing the container. Services required to place the container at another location will be charged
to the customer
Container Weight Limits
Loaded side-load containers shall not exceed a total weight of one ton. Loaded front-load containers
shall not exceed a total weight of two tons. Any front load or side load container weighed by the
by the customer to a weight level which is less than or equal to the maximum weight limit for the
type of container stated earlier in this paragraph, prior to being serviced. All fines for overweight
roll-off container loads, are the financial responsibility of the customer and shall be solely paid by
the customer.
8
Special Wastes
Acceptance of special waste is subject to Federal and State laws and regulations, and the City of
Denton has the right to refuse to accept or collect special waste at their discretion. Charges for the
collection and disposal of special waste, approved by the Director of Solid Waste and Recycling,
will be established based on the type of special waste, the regulatory requirements, and cost of
service for collection and disposal of the waste.
Unsecured Loads
In compliance with State regulations, solid waste loads that are not adequately secured to prevent the
material from spilling will be charged an Unsecured Load Fee.
Sand, Soil, Rock, and Aggregate Material Sales
The Solid Waste Department may sell excess sand, soil, rock, and aggregate materials to the public.
Sales tax shall be added to the sales price.
Salvaged Materials
Materials offered for sale at the Second Chance Store will be sold at the approximate salvage value.
Landfill Surcharge
The State of Texas assesses a landfill surcharge per (30 TAC 330.602), the surcharge is a pass-
through charge collected on behalf of the State of Texas. Any additional assessment or fees
established by a governmental entity will be added to the disposal rates and assessed on all waste
delivered to the landfill.
Miscellaneous
Should any other fees and/or charges be established by any other authorized governmental entity,
those fees and/or charges will be added to the monthly rate stated hereinabove in order that the City
shall recover those additional costs from the customer.
Other collection and processing services may be provided at fees established by the department, and
approved by the Director. The fees established will recoup the cost of service, including special and
administrative services provided.
Indemnification and Hold Harmless
Customer shall defend, indemnify and hold the City harmless from any and all claims at the service
location, and any and all claims made by any other person having an interest in the property situated
at the service location, for any loss, damage or deterioration of the pavement, surface, subsurface
are used to service the equipment. Customer further agrees to release, indemnify, defend and hold
harmless the City of Denton, Texas, from and against any and all claims of damages related to the
furnishing of solid waste and recycling services performed by the City in servicing single- and multi-
family living facilities as well as commercial entities.
9
SECTION 2. The Director of Solid Waste and Recycling of the City of Denton, or designee,
is hereby authorized to deny the use of the City of Denton landfill to any customer who provides
false information regarding the origin of, or the composition of the solid waste delivered for disposal
to the landfill; or for safety violations committed by a customer within the landfill; or for non-
compliance with verbal and written instructions provided to the customer by Solid Waste and
Recycling Department personnel at the landfill; or for nonpayment of delinquent funds owed by the
customer to the City of Denton, Texas; or for any violation of the law committed by the customer
within the landfill; or for any non-compliance by the customer with the Texas Commission on
Environmental Quality regulations or policies; or for any non-compliance by the customer with the
customer as posted by the Solid Waste and Recycling Department at the entrances to the landfill,
from time to time.
SECTION 3. It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-
7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall
expressly apply to City of Denton Solid Waste and Recycling services.
SECTION 4. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or the application thereof to any person or under any circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 6. This ordinance shall become effective, charged, and applied to all solid waste
and recycling services rendered by the City of Denton on and after October 1, 2018; and a copy of
said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton,
Texas.
10
PASSED and APPROVED this ________ day of ____________, 2018.
______________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By: ____________________________________
11
CITY OF DENTON SOLID WASTE & RECYCLING UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018
RatesVariance
Rates
Residential Collection Services Monthly RateMonthly Rate
Standard Refuse & Recycling Cart24.5127.85-12%
Large Refuse & Recycling Cart29.2633.25-12%
Additional Large Refuse Cart17.3819.75-12%
Residential Service Fees
Excess Refuse & Recyclables-per cart reload and empty7.007.000%
Excess Brush, Grass, Leaves - Per CY (If Over 4 CY)7.007.000%
Large Household Items (each, For over 4 per year)7.007.000%
Appliances (Per CFC / PCB Appliance) & Electronics20.0020.000%
Residential Remodeling - per cubic yard-(4 CY maximum)25.0025.000%
Customer Requested Cart Change Out Fee (next service day)65.0065.000%
Commercial Service - SWC
One Pair-Refuse and Recycling Carts33.2533.250%
Additional Refuse Cart19.7519.750%
Additional Recycling Cart15.0015.000%
Commercial Side Load Refuse & Recycling
1xPer Week
Commercial Side Load-3 CY104.64104.640%
Commercial Side Load-4 CY 139.64139.520%
2xPer Week
Commercial Side Load-3 CY209.28209.280%
Commercial Side Load-4 CY 279.04279.040%
3xPer Week
Commercial Side Load-3 CY313.92313.920%
Commercial Side Load-4 CY 418.56418.560%
4xPer Week
Commercial Side Load-3 CY439.44439.440%
Commercial Side Load-4 CY 585.92585.920%
5xPer Week
Commercial Side Load-3 CY576.90576.900%
Commercial Side Load-4 CY 769.20769.200%
6xPer Week
Commercial Side Load-3 CY726.84726.840%
Commercial Side Load-4 CY 969.12969.120%
CITY OF DENTON SOLID WASTE & RECYCLING UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018
RatesVariance
Rates
Commercial Front Load Refuse & Recycling
1xPer Week
Commercial Front Load-3 CY 74.1674.160%
Commercial Front Load-4 CY 98.8898.880%
Commercial Front Load-6 CY 148.32148.320%
Commercial Front Load-8 CY 197.76197.760%
2xPer Week
Commercial Front Load-3 CY 148.32148.320%
Commercial Front Load-4 CY 197.76197.760%
Commercial Front Load-6 CY 296.64296.640%
Commercial Front Load-8 CY 395.52395.520%
3xPer Week
Commercial Front Load-3 CY 222.48222.480%
Commercial Front Load-4 CY 296.64296.640%
Commercial Front Load-6 CY 444.96444.960%
Commercial Front Load-8 CY 593.28593.280%
4xPer Week
Commercial Front Load-3 CY 311.52311.520%
Commercial Front Load-4 CY 415.36415.360%
Commercial Front Load-6 CY 623.04623.040%
Commercial Front Load-8 CY 830.72830.720%
5xPer Week
Commercial Front Load-3 CY 408.75408.750%
Commercial Front Load-4 CY 545.00545.000%
Commercial Front Load-6 CY 817.50817.500%
Commercial Front Load-8 CY 1,090.001,090.000%
6xPer Week
Commercial Front Load-3 CY 515.16515.160%
Commercial Front Load-4 CY 686.88686.880%
Commercial Front Load-6 CY 1,030.321,030.320%
Commercial Front Load-8 CY 1,373.761,373.760%
6 CY Front Load Compactor74.1674.160%
Commercial Orgainics Collection Service
Monthly Service Fee (3 CY 1 x week)374.13374.130%
Extra Empty240.00240.000%
CITY OF DENTON SOLID WASTE & RECYCLING UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018
RatesVariance
Rates
Commercial Service Fees
Delivery / Inaccessible / Relocation / Exchange / Extra Service75.0075.000%
Container Right-of-Way Fee (per day)10.0010.000%
Same Day Service Fee (request prior to 11:00 am)50.0050.000%
Dumpster Lock Installation & Services (one-time fee)20.0020.000%
Temporary Container Service Charges200.00200.000%
Damanged ContainersRepl. CostRepl. Cost0%
Roll-Off Container Rates
Rental Rates Per MonthRental
OPEN TOP Container Rental - per Month167.08167.080%
30 Cubic Yard Self Contained Compactor448.95448.950%
42 Cubic Yard Stationary Compactor645.75645.750%
Pickup
Container Service Fee (Each Haul)275.00275.000%
No Parking Zone Fees (Annual) - Initial Year
Front Load (Single)205.00205.000%
Side Load (Extra Length)395.00395.000%
No Parking Zone Renewal Fees - per Month
Front Load (Single)6.756.750%
Side Load (Extra Length)10.9010.900%
Landfill Rates (per ton)Per Ton
Gate Rate 44.0044.000%
City Hauled Disposal Rate (Open Top & Compactors)40.0040.000%
Wholesale Rate / Ton24.5023.007%
Sludge Dewatered46.0023.00100%
Clean Concrete, Asphate, Brick, or Dirt (if needed)22.0010.00120%
Special WasteVariesVaries
Minimum Gate Charge 25.0025.000%
After Hour Fee120.00
Unsecured Loads - per Load20.0020.000%
Electronics - Per Item15.0015.000%
Appliances - Per item20.0020.000%
CITY OF DENTON SOLID WASTE & RECYCLING UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018
RatesVariance
Rates
Cubic Yardage Rates (in event of scale outage)
Uncompacted MSW / CY7.807.800%
Compacted MSW / CY8.008.000%
Tires
Street Tires <= 31" diameter (Each)8.008.000%
Street Tires > 31" diameter and < 42" diameter (Each)10.0010.000%
Off-road tires and street tires >= 42" wheel diameter (Each)35.0035.000%
Tires with Rim
Street Tires <= 31" diameter (Each)16.0016.000%
Street Tires > 31" diameter and < 42" diameter (Each)30.0030.000%
Off-road tires and street tires >= 42" wheel diameter (Each)50.0050.000%
Brush and Green WastePer TonPer Ton
Whole tree stumps50.0050.000%
Bagged or unbagged grass, leaves, and brush <=12'20.0020.000%
Brush >12'30.0030.000%
Crushed Concrete - Per Ton8.008.000%
ATTACHMENT 5
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Denton Municipal Electric
CM: Todd Hileman
DATE: August 13, 2018
SUBJECT
Consider recommending approval of an ordinance of the City of Denton, Texas establishing the schedule
of rates for electric service; providing for a repealer; providing for a severability clause; and providing for
an effective date.
BACKGROUND
The proposed FY 2018-2019 Schedule of Rates for Electrical Service is designed to recover the cost for
Denton Municipal Electric to serve its customers.
The ECA, RCA, and TCRF rates are contained in Ordinance 2017-256, but differ from the other rates, since
they are designed with the flexibility to respond to changing conditions on a quarterly basis. Each month,
the DME General Manager or his designee calculates the ECA, RCA, and TCRF account balance. If the
accounts become over or under collected within specified limits, the DME General Manager may
recommend action to the PUB to maintain DME in a financially sound position.
For FY 2018-2019, DME is recommending no change to the current ECA or RCA levels. Thus the ECA
would remain at $0.0341 and the RCA at $0.0381. These ECA/RCA levels will be reviewed quarterly
during FY 2019 to ensure their continued reasonableness.
is
customers will see on the first bill they receive after October 1, 2018 are shown below.
The average residential customer using 1,000 kilowatt hours of electricity per month would incur
the following monthly electric charge:
Current Proposed Decrease
$110.31 $106.59 $3.72
The average small commercial account (nail/hair salons and barber shops, tax/law offices, insurance
agencies, and auto repair shops) using 1,500 kilowatt hours of electricity per month would incur the
following monthly electric charge:
Current Proposed Decrease
$201.13 $195.55 $5.58
The average medium sized commercial account (restaurants incl. fast food, banks,
offices and medical specialist facilities) using 13,500 kilowatt hours of electricity per month would
incur the following monthly electric charge:
Current Proposed Decrease
$1,378.50 $1,329.85 $48.65
The average large commercial account (elementary, middle, and high schools, home improvement
stores, and manufacturers) using 278,500 kilowatt hours of electricity per month would incur the
following monthly electric charge:
Current Proposed Decrease
$24,381.29 $23,330.11 $1,051.18
Additionally, changes in the ECA rate definition are being recommended this year. Specifically, a
Projected Net Energy Cost is being included to ensure that all power cost components are
included in the ECA calculation. Other changes involve specific inclusion of all Denton Energy Center
costs in the ECA and the addition of City Council approval for changes to the ECA rate amount.
A change in the Residential Prepaid Service electric rate schedule is being proposed. DME is removing the
three-phase facility charge due to the fact that the metering industry does not manufacture a three-phase
meter with remote disconnect yet. Hence, this is not an option that we can offer customers at this time.
the electric rate ordinance affects the Distributed Generation from
Renewable Sources Rider. A line has been added to refer customers to the Distributed Generation Manual
n has been
made on language relating to when individual contracts for solar installations may be necessary.
In summary, the attached Electric Rate Ordinance includes amending the provisions of four rate
schedules:
Residential Prepaid Service Rate (RPP)
Energy Cost Adjustment Rate (ECA)
Transmission Cost Recovery Factor (TCRF)
Distributed Generation From Renewable Sources Rider (DGR)
RECOMMENDATION
Staff recommends that the Public Utilities Board recommend approval of the attached Ordinance by the
City Council.
ESTIMATED SCHEDULE OF PROJECT
The electric rates contained in Ordinance No. 2017-256 are scheduled to be reviewed and approved prior
to the new effective date of October 1, 2018. City Council consideration and adoption is anticipated on
September 18, 2018.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On July 9, 2018 this item was presented to the Public Utilities Board during a work session meeting.
FISCAL INFORMATION
The rates included in the Electric Rate Ordinance provide the funds necessary to cover the cost of serving
monthly customer bills in FY19 as a result of temporarily decreasing the Transmission Cost Recovery
Factor (TCRF) to zero.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 FY 2018-19 Electric Rate Ordinance REDLINE
Exhibit 3 FY 2018-19 Electric Rate Ordinance signed by Legal
Exhibit 4 Electric Rate Comparison
Respectfully submitted:
George Morrow
DME General Manager
Prepared by:
Lisa Collaud
Business Analyst
ORDINANCE NO. 20187-_______
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHINGAMENDING THE
SCHEDULE OF RATES FOR ELECTRIC SERVICE CONTAINED IN ORDINANCE NO. 20176-
25672; AMENDING THE PROVISIONS OF THE RESIDENTIAL SERVICE RATE (SCHEDULE
RES); AMENDING THE PROVISIONS OF THE RESIDENTIAL RENEWABLE ENERGY
SERVICE RIDER (SCHEDULE RG); AMENDING THE PROVISIONS OF THE RESIDENTIAL
PREPAID SERVICE RATE (SCHEDULE RPP); AMENDING THE PROVISIONS OF THE
RESIDENTIAL TIME OF USE RATE (SCHEDULE RTOU); AMENDING THE PROVISIONS
OF THE GENERAL SERVICE SMALL RATE (SCHEDULE GSS); AMENDING THE
PROVISIONS OF THE GENERAL SERVICE MEDIUM RATE (SCHEDULE GSM);
AMENDING THE PROVISIONS OF THE GENERAL SERVICE LARGE RATE (SCHEDULE
GSL); AMENDING THE PROVISIONS OF THE GENERAL SERVICE TIME OF USE RATE
(SCHEDULE TGS); AMENDING THE PROVISIONS OF THE LOCAL GOVERNMENT
SMALL RATE (SCHEDULE G2); AMENDING THE PROVISIONS OF THE LOCAL
GOVERNMENT RATE (SCHEDULE G1); AMENDING THE PROVISIONS OF THE
WEEKEND SERVICE RATE (SCHEDULE WK); AMENDING THE PROVISIONS OF THE
ATHLETIC FIELD RATE (SCHEDULE AF); AMENDING THE PROVISIONS OF THE STREET
LIGHTING RATE (SCHEDULE LS); AMENDING THE PROVISIONS OF THE TRAFFIC
LIGHTING RATE (SCHEDULE LT); AMENDING THE PROVISIONS OF THE UNMETERED
SCHOOL ZONE/CROSSING FLASHERS RATE (SCHEDULE UFL); AMENDING THE
PROVISIONS OF THE UNMETERED TRAFFIC LIGHTING RATE (SCHEDULE ULT);
AMENDING THE PROVISIONS OF THE UNMETERED SECURITY CAMERA RATE
(SCHEDULE USC); AMENDING THE PROVISIONS OF THE UNMETERED WI-FI DEVICES
RATE (SCHEDULE UWF); AMENDING THE PROVISIONS OF THE OTHER LIGHTING
RATE (SCHEDULE LO); AMENDING THE PROVISIONS OF THE NON STANDARD STREET
LIGHTING RATE (SCHEDULE DSL); AMENDING THE PROVISIONS OF THE TEMPORARY
SERVICE RATE (SCHEDULE T1); AMENDING THE PROVISIONS OF THE ECONOMIC
GROWTH RIDER (SCHEDULE EGR); AMENDING THE PROVISIONS OF THE
GREENSENSE INCENTIVE PROGRAM (SCHEDULE GIP); AMENDING THE PROVISIONS
OF THE ENERGY COST ADJUSTMENT RATE (SCHEDULE ECA); AMENDING THE
PROVISIONS OF THE RENEWABLE COST ADJUSTMENT RATE (SCHEDULE RCA);
AMENDING THE PROVISIONS OF THE TRANSMISSION COST RECOVERY FACTOR
RATE (SCHEDULE TCRF); AMENDING THE PROVISIONS OF THE DISTRIBUTED
GENERATION FROM RENEWABLE SOURCES RIDER (SCHEDULE DGR); AMENDING
THE PROVISIONS OF THE INDEPENDENT WHOLESALE GENERATOR RATE
(SCHEDULE IWG); AMENDING THE PROVISIONS OF THE COMMERCIAL RENEWABLE
ENERGY SERVICE RIDER (SCHEDULE CGR); AMENDING THE PROVISIONS OF THE
SPECIAL FACILITIES RIDER (SCHEDULE SFR); AMENDING THE PROVISIONS OF THE
DARK FIBER RATE (SCHEDULE DFR); AMENDING THE PROVISIONS OF THE POLE
ATTACHMENT FEE (SCHEDULE PAF); ADDING THE PROVISIONS OF THE BANNER
INSTALL FEE (SCHEDULE BIF); ADDING THE PROVISIONS OF THE WIRELESS NODE
ATTACHMENTS RATE (SCHEDULE WNA); ADDING THE PROVISIONS OF THE
WIRELESS NODE UNMETERED RATE (SCHEDULE WNU);; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
1
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Schedule of Rates for electrical services as provided for in Chapter 26 of
the City of Denton Code of Ordinances, is amended to read as follows:
ELECTRIC RATE SCHEDULES
PAGE
RES Residential Service 3
RG Residential Renewable Energy Service Rider 5
RPP Residential Prepaid Service 7
RTOU Residential Time Of Use 9
GSS General Service Small 12
GSM General Service Medium 14
GSL General Service Large 16
TGS General Service Time Of Use 18
G2 Local Government Service Small 21
G1 Local Government Service 23
WK Weekend Service 25
AF Athletic Field 27
LS Street Lighting 29
LT Traffic Lighting 30
UFL Unmetered School Zone/Crossing Flashers 31
ULT Unmetered Traffic Lighting 32
USC Unmetered Security Camera 33
UWF Unmetered Wi-Fi Devices 34
LO Other Lighting 35
DD Security Lighting 37
DDL Downtown Decorative Lighting 39
DSL Non-Standard Street Lighting 40
T1 Temporary Service 42
EGR Economic Growth Rider 44
GIP GreenSense Incentive Program 46
ECA Energy Cost Adjustment 47
RCA Renewable Cost Adjustment 49
TCRF Transmission Cost Recovery Factor 51
DGR Distributed Generation From Renewable Sources Rider 53
IWG Independent Wholesale Generator 55
CGR Commercial Renewable Energy Service Rider 58
SFR Special Facilities Rider 60
DFR Dark Fiber 61
PAF Pole Attachment Fee 63
BIF Banner Install Fee 65
WNA Wireless Node Attachments 66
WNU Wireless Node Unmetered 68
2
SCHEDULE RES
RESIDENTIAL SERVICE
(Effective 10/01/187)
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
(1) Facility Charge
Single-Phase $ 8.67/bill
Three-Phase $17.33/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
3
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
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 10/01/187)
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 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 Residential Renewable Energy Service Rider and to
mitigate potential risk to ratepayers, any participant in the Residential Renewable Energy Service
Rider must be, at the time this Rider is applied for and continuing while such Rider is in effect, a
Customer in good standing of all CityDenton Municipal uUtilities, 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 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 during
the previous twelve (12) months.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $ 8.67/bill
Three-Phase $17.33/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: All Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Renewable Cost Adjustment Charge See Schedule RCA
plus;
(4) Transmission Cost Recovery Factor See 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 six (6) months. At the end of
each six (6) month period, a Csix
(6) month period unless that Customer provides a written request to terminate that service to the City
of Denton Customer Service Department fifteen (15) days prior to the end of the then-current six (6)
month participation period.
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
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.
6
SCHEDULE RPP
RESIDENTIAL PREPAID SERVICE
(Effective 10/01/187)
APPLICATION
Applicable to any Customer for prepaid electric service used for residential purposes in an individual
private dwelling or an individually metered apartment, supplied at one point of delivery and measured
through one meter. This Rate is not applicable to resale service in any event, or to temporary, standby,
or supplementary service.
Residential Prepaid Service may initially not be available in all areas.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $16.02/bill
Three-Phase $23.64/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
7
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
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 RTOU
RESIDENTIAL TIME OF USE
(Effective 10/01/187)
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. 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 Residential Time Of Use Rate and to mitigate potential
risk to ratepayers, any participant in the Residential Time Of Use Rate must be, at the time this Rate
is applied for and continuing while such Rate is in effect, a Customer in good standing of all
Denton Municipal Uutilities, 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 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 during the previous twelve (12) months.
Residential Time Of Use may initially not be available in all areas.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $ 8.67/bill
Three-Phase $17.33/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Energy Cost Adjustment Charge
Super-Peak Hours See Schedule ECA
On-Peak Hours See Schedule ECA
Off-Peak Hours See Schedule ECA
9
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
DEFINITION OF SUPER-PEAK HOURS
The City's super-peak hours, for the purpose of this rate schedule, are designated as being from 3:00
P.M. to 8:00 P.M. each day, for the months of June through September. The City's super-peak hours
may be changed from time to time.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this rate schedule, are designated as being from 7:00
A.M. to 3:00 P.M. and 8:00 P.M. to 10:00 P.M. each day, for the months of June through September.
-peak hours for the months of October through May include all hours. 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 or super-peak hours for the months of June through September.
Off-Peak On-Peak Super-Peak On-Peak
22:01 07:00 07:01 15:00 15:01 20:00 20:01 22:00
10:01 PM 7:00 AM 7:01 AM 3:00 PM 3:01 PM 8:00 PM 8:01 PM 10:00 PM
10
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
TYPE OF SERVICE
The City will supply single-phase service (or three-phase service if available at the point of delivery)
at sixty (60) cycles and at any standard voltages available from the City's distribution system through
one standard transformation. Additional contractual arrangements between the City and the
Customer, subject to the Special Facilities Rider, may be required where service of the type desired
by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
11
SCHEDULE GSS
GENERAL SERVICE SMALL
(Effective 10/01/187)
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 the
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 $16.60/bill
Three-Phase $22.17/bill
plus;
(2) Usage Charge
Tier 1: First 2,500 kWh 8.52¢/kWh
Tier 2: Additional kWh 4.46¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
12
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
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.
13
SCHEDULE GSM
GENERAL SERVICE MEDIUM
(Effective 10/01/187)
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 $16.60/bill
Three-Phase $22.17/bill
plus;
(2) Demand Charge $4.78/kW (all kW)
plus;
(3) Usage Charge
Tier 1: First 6,000 kWh 5.23¢/kWh
Tier 2: Additional kWh 4.32¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) The Facility Charge
plus;
(2) The Demand Charge
14
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1)
the actual monthly kW demand as measured during the fifteen (15) minute period of maximum use
each month; or (2) seventy percent (70%) of the maximum monthly actual demand for any month
during the previous billing months of May through October in the twelve (12) months ending with
the current month.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (GM1) shall receive no Usage Charge discount.
Customers utilizing City owned and operated facilities and transformation equipment and who are
metered at primary voltage (GM2) shall receive a Usage 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 a
Usage 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.
15
SCHEDULE GSL
GENERAL SERVICE LARGE
(Effective 10/01/187)
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 (12)
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 $69.06/bill
plus;
(2) Demand Charge $10.80/kVA (Minimum of
250 kVA
billed)
plus;
(3) Usage Charge
Tier 1: First 200,000 kWh 2.45¢/kWh
Tier 2: Additional kWh 1.40¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) The Facility Charge
plus;
(2) The Demand Charge
16
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.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (GL1) shall receive no Usage Charge Discount.
Customers utilizing City owned and operated facilities and transformation equipment and who are
metered at primary voltage (GL2) shall receive a Usage 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 (GL3) shall receive a
Usage 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.
17
SCHEDULE TGS
GENERAL SERVICE TIME OF USE
(Effective 10/01/187)
APPLICATION
Applicable to any Customer having a minimum demand of 250 kVA for all electric service supplied
at one point of delivery and measured through one meter, with the City providing all facilities
necessary to receive primary voltage service. Customers electing this Rate must remain on this Rate
for a minimum of twelve (12) continuous billing months. This Rate is not applicable to resale service
in any event, or to temporary, standby, or supplementary service.
In light of additional costs associated with the General Service Time Of Use Rate and to mitigate
potential risk to ratepayers, any participant in the General Service Time Of Use Rate must be, at the
time this Rate is applied for and continuing while such Rate is in effect, a Customer in good standing
of all City Denton Municipal uUtilities, 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 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 during the previous twelve (12) months.
NET MONTHLY RATE
(1) Facility Charge $80.54/bill
plus;
(2) On-Peak Demand Charge $13.76/kVA
plus;
(3) Off-Peak Demand Charge $2.72/kVA
plus;
(4) Usage Charge 0.82¢/kWh
plus;
(5) Energy Cost Adjustment Charge See Schedule ECA
plus;
(6) Transmission Cost Recovery Factor See Schedule TCRF
18
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 On-Peak Demand Charge
plus;
(3) The Off-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 off-peak hours, for the purpose of this rate schedule, shall be all hours not designated as
on-peak hours.
DETERMINATION OF ON-PEAK DEMAND
The demand used in calculating the On-Peak Demand Charge for the billing period shall be the greater
of: (1) the kVA actual demand supplied during the fifteen (15) minute period of maximum use each
month during on-peak hours as recorded by the City's demand meter, or (2) one hundred percent
(100%) of the actual maximum on-peak demand similarly determined during the billing months of
June through September in the twelve (12) months immediately preceding the current month. The
On Peak Demand Charge will be applied to each billing period.
DETERMINATION OF OFF-PEAK DEMAND
The demand used in calculating the Off-Peak Demand Charge for the billing period shall be the actual
kVA demand supplied during the fifteen (15) minute period of maximum use during off-peak hours
each month as recorded by the City's demand meter. The Off-Peak Demand Charge will be applied
to each billing period.
19
DETERMINATION OF DEMAND BILLING FOR CUSTOMERS WITH NO PEAK DEMAND
HISTORY DURING OFF-PEAK MONTHS
If the Customer is new or does not have a history of on-peak use for June through September, and
elects to accept service on the TGS Rate, the Customer's billed demand shall be the off-peak demand
billed at the GSL Demand Rate. The off-peak demand will be billed every month at the GSL Rate
until the Customer establishes a separate on-peak and off-peak demand during an on-peak month. At
this time, both on-peak and off-peak demand will then begin billing at the TGS Rate.
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (TG1) shall receive no Usage Charge Discount.
Customers utilizing City owned and operated facilities and transformation equipment and who are
metered at primary voltage (TG2) shall receive a Usage 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 a
Usage Charge Discount of 0.3¢/kWh. The City shall own, operate and maintain all metering facilities,
either at primary or secondary voltage.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
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.
20
SCHEDULE G2
LOCAL GOVERNMENT SERVICE SMALL
(Effective 10/01/187)
APPLICATION
Applicable to any local City, County or School District having a maximum demand of less than 21.0
kW in each of the previous twelve (12) months for all electric service supplied at one point of delivery
and measured through one meter. If the demand in any month equals or exceeds 21.0 kW, billing
will be made under the Rate Schedule G1 and the 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 $16.66/bill
Three-Phase $22.24/bill
plus;
(2) Usage Charge 7.79¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) Facility Charge
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
21
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.
22
SCHEDULE G1
LOCAL GOVERNMENT SERVICE
(Effective 10/01/187)
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 $16.61/bill
Three-Phase $22.19/bill
plus;
(2) Demand Charge $8.18/kW
plus;
(3) Usage Charge 3.70¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) Facility Charge
plus;
(2) Demand Charge
23
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of:
(1) The actual kW demand supplied during the fifteen (15) minute period of maximum use during
the current month as determined by the City's demand meter; or (2) not less than fifty percent
(50%) of the highest monthly actual demand determined during the billing months of May through
October in the twelve (12) months immediately preceding the current month.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
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.
24
SCHEDULE WK
WEEKEND SERVICE
(Effective 10/01/187)
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
eighty percent (80%) of the maximum demand load. Customers who violate the eighty percent (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 $21.87/bill
Three-Phase $27.34/bill
plus;
(2) Demand Charge $7.66/kW (First 20 kW not
billed)
plus;
(3) Usage Charge
Tier 1: First 2,500 kWh 8.50¢/kWh
Tier 2: Next 3,500 kWh 4.46¢/kWh
Tier 3: Additional kWh 3.28¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
(1) Facility Charge
plus;
(2) Demand Charge
25
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1)
the actual kW demand supplied during the fifteen (15) minute period of maximum use during the
current billing period as determined by the City's demand meter less 20 kW; or (2) zero (0).
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
kWh in Tier 3 Tier 3 Rate per kWh, if applicable
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.
26
SCHEDULE AF
ATHLETIC FIELD
(Effective 10/01/187)
APPLICATION
Applicable to all electric service metered at one point for use to light specified areas for athletic events.
This Rate is not applicable to resale service in any event, or to temporary, standby, or supplementary
service except in conjunction with applicable rider.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $22.75/bill
Three-Phase $34.11/bill
plus;
(2) Demand Charge
Summer (Billing months of June through September):
Peak (2:00 PM - 7:00 PM) $6.06/kW
Off Peak (All Other Hours) $1.44/kW
Winter (Billing months of October through May):
All hours $1.44/kW
plus:
(3) Usage Charge
Summer (Billing months of June through September):
Peak (2:00 PM to 7:00 PM) 9.77¢/kWh
Off Peak (All Other Hours) 4.89¢/kWh
Winter (Billing months of October through May):
All hours 4.89¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
27
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the actual kW
demand supplied during the fifteen (15) minute period of maximum use during the current billing
period as determined by the City's demand meter.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Summer (Billing months of June through September):
Usage Charge = kWh during Peak Peak Rate per kWh
kWh during Off Peak Off Peak Rate per kWh
Winter (Billing months of October through May):
Usage Charge = All kWh Rate per kWh
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.
28
SCHEDULE LS
STREET LIGHTING
(Effective 10/01/187)
APPLICATION
Applicable to all street lighting owned and maintained by the City.
NET MONTHLY RATE
(1) Facility Charge
Rate Luminaire Type Facility Charge
LSA 100 W Sodium $6.08/bill
LSB 250 W Sodium $8.62/bill
LSC 400 W Sodium $10.86/bill
LSD 100 W LED $6.08/bill
LSE 250 W LED $8.62/bill
LSF 400 W LED $10.86/bill
plus;
(2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA)
(Bulb Wattage Factor where the
following Bulb Wattage Factors
apply);
Rate Luminaire Type Bulb Wattage Factor
LSA 100 W Sodium Vapor 48 kWh
LSB 250 W Sodium Vapor 105 kWh
LSC 400 W Sodium Vapor 159 kWh
LSD 100 W Equivalent LED 25 kWh
LSE 250 W Equivalent LED 96 kWh
LSF 400 W Equivalent LED 148 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.
29
SCHEDULE LT
TRAFFIC LIGHTING
(Effective 10/01/187)
APPLICATION
Applicable to State and Local Government agencies that operate and maintain their own traffic
signals.
NET MONTHLY RATE
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
plus;
(3) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
TYPE OF SERVICE
The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
30
SCHEDULE UFL
UNMETERED SCHOOL ZONE/CROSSING FLASHERS
(Effective 10/01/187)
APPLICATION
Applicable to local government agencies that operate and maintain their own unmetered school
zone/crossing flashers.
NET ANNUAL RATE
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
plus;
(3) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage 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.
Usage Charge = All kWh Rate per kWh
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.
31
SCHEDULE ULT
UNMETERED TRAFFIC LIGHTING
(Effective 10/01/187)
APPLICATION
Applicable to Local Government agencies that operate and maintain their own unmetered traffic
signals.
NET ANNUAL RATE
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
plus;
(3) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage 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.
Usage Charge = All kWh Rate per kWh
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.
32
SCHEDULE USC
UNMETERED SECURITY CAMERA
(Effective 10/01/187)
APPLICATION
Applicable to Local Government agencies that operate and maintain their own unmetered security
cameras.
NET ANNUAL RATE
(1) Facility Charge $17.82
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage 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.
Usage Charge = annual kWh per camera kWh Rate
Annual Usage = 300 kWh per camera per account
TYPE OF SERVICE
The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
33
SCHEDULE UWF
UNMETERED WI-FI DEVICES
(Effective 10/01/187)
APPLICATION
Applicable to local government agencies that operate and maintain their own unmetered Wi-Fi
devices.
NET ANNUAL RATE
(1) Facility Charge $17.82
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on technical information of installed equipment. This
calculated consumption will be billed for each device 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.
Usage Charge = annual kWh per device kWh Rate
Annual Usage = 300 kWh per device 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.
34
SCHEDULE LO
OTHER LIGHTING
(Effective 10/01/187)
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) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge (Current ECA per Schedule
ECA) x (Bulb Wattage/1000)
x (Hours of Operation per
Billing Period)
USAGE CHARGE LOA (Unmetered Lighting)
Billing for the Usage Charge shall be based on estimated kWh consumption during the billing
period.
Usage Charge = (kWh Rate x Bulb Wattage/1000) x (Hours of Operation per Billing Period)
NET MONTHLY RATE LOB (Metered Lighting)
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
35
USAGE CHARGE LOB (Metered Lighting)
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
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.
36
SCHEDULE DD
SECURITY LIGHTING
(Effective 10/01/187)
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
Rate Luminaire Type Facility Charge
DSA 100 W Sodium Vapor $ 9.61/bill
DSB 250 W Sodium Vapor $12.71/bill
DSC 400 W Sodium Vapor $15.32/bill
DHA 250 W Metal Halide $14.95/bill
DHB 400 W Metal Halide $17.82/bill
plus;
(2) Energy Cost Adjustment Charge
(Current ECA per Schedule ECA) (Monthly Bulb Wattage Factor where the following Bulb
Wattage Factors apply);
Rate Luminaire Type Bulb Wattage Factor
DSA 100 W Sodium Vapor 48 kWh
DSB 250 W Sodium Vapor 105 kWh
DSC 400 W Sodium Vapor 159 kWh
DHA 250 W Metal Halide 105 kWh
DHB 400 W Metal Halide 159 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.
Where necessary for proper illumination or where existing poles are inadequate, the City will install
or cause to be installed, one (1) wood pole with the necessary lighting hardware and overhead
conductor for each installed light, at a distance not to exceed eighty (80') feet from existing lines, at no
37
charge to the Customer. Additional contractual arrangements between the City and the Customer,
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
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) .
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business days
after issuance.
38
SCHEDULE DDL
DOWNTOWN DECORATIVE LIGHTING
(Effective 10/01/187)
APPLICATION
Applicable to any Customer requesting service on the perimeter of the historic County Courthouse
for
outdoor area lighting at said location.
NET MONTHLY RATE
(1) Facility Charge $4.78/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
service is provided between dusk and midnight. Additional contractual arrangements between the
City and the Customer, subject to the Special Facilities Rider, may be required where service of the
type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
FACILITY CHARGE
The Facility Charge shall be assessed on each bill rendered.
39
SCHEDULE DSL
NON-STANDARD STREET LIGHTING
(Effective 10/01/187)
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 $9.18/bill
plus;
(2) Usage Charge 6.64¢/kWh
Usage 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);
Rate Luminaire Type Bulb Wattage Factor
DLSA 100 W Sodium Vapor 48 kWh
DLSB 250 W Sodium Vapor 105 kWh
DLSC 400 W Sodium Vapor 159 kWh
DLHA 250 W Metal Halide 105 kWh
DLHB 400 W Metal Halide 159 kWh
Other For any lamp types installed by the Customer 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.
40
ADDITIONAL SERVICE CHARGES
If the City is required to maintain the privately owned lights to ensure public safety, the owner of the
lights may be subject to additional service charges. The additional service charges shall be the actual
cost of performing any work required to perform the necessary maintenance including but not limited
to:
Labor Regular time or overtime labor hourly rates in effect at the time the work is
performed for all personnel performing the work. Labor charges shall be
based on a one (1) hour minimum with all additional time above the minimum
to be measured to the nearest one-quarter hour.
Transportation To be billed by hours or miles, as applicable, according to the estimated cost
of operating the required equipment.
Material Any material needed to repair and/or maintain facilities will be billed at City
Warehouse cost plus twenty five percent (25%).
Administrative Fee Ten percent (10%) of the total labor, transportation, and material costs.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
41
SCHEDULE T1
TEMPORARY SERVICE
(Effective 10/01/187)
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 $16.61/bill
Three-Phase $22.19/bill
plus;
(2) Usage Charge 8.54¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
42
TYPE OF SERVICE
The City will supply single-phase service at sixty (60) cycles at a standard secondary voltage available
at the site. Additional contractual arrangements between the City and the Customer, subject to the
Special Facilities Rider, may be required where service of the type desired by the Customer is not
available at the point of service.
ADDITIONAL TEMPORARY SERVICE CHARGES
Labor Regular time or overtime labor hourly rates in effect at the time the
work is performed for all personnel performing the work. Labor
charges shall be based on a one (1) hour minimum with all additional
time above the minimum to be measured to the nearest one-quarter
hour.
Transportation To be billed by hours or miles, as applicable, according to the estimated
cost of operating the required equipment.
Material Material that cannot be salvaged shall be billed at the City Warehouse
cost plus twenty five percent (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
twenty five percent (25%), plus applicable sales tax.
Administrative Fee Ten percent (10%) of the total labor, transportation, and material costs.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
43
SCHEDULE EGR
ECONOMIC GROWTH RIDER
(Effective 10/01/187)
PURPOSE
The purpose of this Rider is to facilitate local economic growth and expand the ad valorem tax base
of the City.
AVAILABILITY
This Rider is available to the Customers who:
(1) Receive service from Rate Schedules GSL or TGS; and
(2) Pay City ad valorem tax; and
(3) Receive no electric service discounts other than those specifically defined in the GSL
or TGS Rate Schedules.
APPLICATION
This Rider is available to electric service supplied at any one location. It is for firm electric service
applicable to new and existing customers as described below, over a five (5) year period. This Rider
is available to the following classes of customers:
(1) New Customers whose electric service represents demand not previously served by
the City at any location in the City's service area in the last twelve (12) months, where
such metered demand will be in excess of 1,000 kVA and customer load factor must
be greater than the Denton Municipal Electric (DME) system load
factor, as estimated and mutually agreed upon by the DME General Manager of the
and the Customer.
(2) Existing Customers served under Rate Schedules GSL or TGS who increase their
prior existing metered demand by 1,000 kVA and customer load factor must be greater
than the DMEC system load factor. 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 DME 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.
44
In light of additional costs associated with the Economic Growth Rider and to mitigate potential
risk to ratepayers, any participant in the Economic Growth Rider must be, at the time this Rider is
applied for and continuing while such Rider is in effect, a Customer in good standing of all
CityDenton Municipal uUtilities, 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 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 during the previous twelve (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 the GSL Rate) or system demand and on-peak demand (for the
TGS Rate) will be adjusted in accordance with the following table:
Time Period Reduction to Billing Demand
First Year 50%
Second Year 40%
Third Year 30%
Fourth Year 20%
Fifth Year 10%
CONTRACT PERIOD
The term of the contract will be for five (5) years.
45
SCHEDULE GIP
GREENSENSE INCENTIVE PROGRAM
(Effective 10/01/187)
PROGRAM SUMMARY
The objective of the GreenSense Incentive
consumption by promoting energy conservation, thereby reducing the utility bills of City Customers,
reducing the peak load of the Denton Municipal Electric (DME) electric system, reducing
emissions in the state, and promoting energy conservation. The Program offers incentives, in the
form of credits on the electric service bills of City retail customers. Cash incentives may be paid to
retail customers for the installation of photovoltaic applications.
In light of additional costs associated with the GreenSense Incentive Program and to mitigate
potential risk to ratepayers, any participant in the GreenSense Incentive 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 CityDenton Municipal uUtilities, 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 Program 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 during the previous twelve (12)
months.
Program applicants will be able to qualify for multiple incentives simultaneously, unless specified in
the individual guidelines. 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 the City. 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 the City. The program guidelines and
payment provisions are subject to change by the City without prior notice. The City may, at any
time, discontinue the Program without prior notice. The current program guidelines may be found
in the GreenSense Incentive Program Manual located at www.cityofdenton.com.
46
SCHEDULE ECA
ENERGY COST ADJUSTMENT
(Effective 10/01/187)
The Energy Cost Adjustment (ECA) Rate shall be set by the Public Utilities Board (PUB). The ECA
Rate shall be reviewed on a quarterly basis and adjusted as defined below to recover the net variable
cost of energy delivered to Customers and to maintain Denton Municipal
Electric (DME) in a financially sound position.
ENERGY COST ADJUSTMENT BALANCING ACCOUNT CALCULATION
The ECA Balancing Account shall be calculated using the following formula:
ECA Balancing Account = (Beginning ECA Account Balance)Actual plus projected ECA revenue)
(Projected Net Energy Cost)
Where:
Projected Net Energy Cost = For the next fiscal quarter, DMEthe electric utility projected cost
of electric load purchases from ERCOT plus all projected DMEelectric utility power/energy
related costs for that same period including, but not limited to, power production (including the
Denton Energy Center debt and all other costs); purchased power; applicable transmission
services, losses and congestion; other ERCOT charges; renewable energy credits; and financial
and/or physical power/energy trades; less all projected revenue to be received by the DMEelectric
utility for power/energy related sales and/or trades.
(Actual plus projected cumulative cost of fuel) + (Actual plus projected cumulative variable
purchased energy cost).
The DME General Manager of the City or his/her designee shall calculate the ECA
Balancing Account monthly. In the event that the ECA Balancing Account calculated during the last
month of each fiscal quarter (December, March, June, and September) is projected to be over/under
collected by $5,000,000 or more during the next quarter, the DMEGeneral Manager or his/her designee
may recommend to the PUB and City Council a revision to the ECA ny actions to maintain DMEthe
in a financially sound position.
ENERGY COST ADJUSTMENT CALCULATION
ECA = \[(Projected Net Energy Cost) + (ECA Balancing Account)\] / (Projected kWh sales)
ENERGY COST ADJUSTMENT CHARGE
The Energy Cost Adjustment Charge shall be based on actual kWh consumption during the billing
period.
47
Energy Cost Adjustment Charge = kWh ECA Rate
48
Residential Time-Of-Use (Schedule RTOU):
Super-Peak ECA Charge = Super-Peak kWh x \[ECA + (ECA x 53.5%)\]
On-Peak ECA Charge = On-Peak kWh x ECA Rate
Off-Peak ECA Charge = Off-Peak kWh x \[ECA (ECA x 48.8%)\]
DEFINITION OF SUPER-PEAK HOURS
The City's super-peak hours, for the purpose of this Rate, are designated as being from 3:00 P.M. to
8:00 P.M. each day, for the months of June through September. The City's super-peak hours may be
changed from time to time.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this Rate, are designated as being from 7:00 A.M. to 3:00
on-peak hours for the months of October through May include all hours. 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, shall be all hours not designated as on-
peak hours or super-peak hours for the months of June through September.
Off-Peak On-Peak Super-Peak On-Peak
22:01 07:00 07:01 15:00 15:01 20:00 20:01 22:00
10:01 PM 7:00 AM 7:01 AM 3:00 PM 3:01 PM 8:00 PM 8:01 PM 10:00 PM
49
SCHEDULE RCA
RENEWABLE COST ADJUSTMENT
(Effective 10/01/187)
The Renewable Cost Adjustment (RCA) Rate shall be set by the Public Utilities Board (PUB). 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 Denton
Municipal Electric (DME) General Manager or his/her designee shall
calculate the RCA Balancing Account. In the event that the RCA Balancing Account calculated during
the last month of each fiscal quarter is over/under collected by $100,000 or more during the next
quarter, the DMEGeneral Manager or his/her designee may recommend to
the PUB any actions to maintain DME the City in a financially sound position.
RENEWABLE COST ADJUSTMENT CALCULATION
RCA = ECA + \[(Projected Renewable Energy Cost) / (Projected kWh sales)\]
Where:
Projected Renewable Energy Cost = Actual + projected REC cost
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
Residential Time-Of-Use (Schedule RTOU):
Super-Peak RCA Charge = kWh x \[RCA + (RCA x 53.5%)\]
On-Peak RCA Charge = kWh x RCA Rate
Off-Peak RCA Charge = kWh x \[RCA (RCA x 48.8%)\]
50
DEFINITION OF SUPER-PEAK HOURS
The City's super-peak hours, for the purpose of this Rate, are designated as being from 3:00 P.M. to
8:00 P.M. each day, for the months of June through September. The City's super-peak hours may be
changed from time to time.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this Rate, are designated as being from 7:00 A.M. to 3:00
on-peak hours for the months of October through May include all hours. 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, shall be all hours not designated as on-
peak hours or super-peak hours for the months of June through September.
Off-Peak On-Peak Super-Peak On-Peak
22:01 07:00 07:01 15:00 15:01 20:00 20:01 22:00
10:01 PM 7:00 AM 7:01 AM 3:00 PM 3:01 PM 8:00 PM 8:01 PM 10:00 PM
51
SCHEDULE TCRF
TRANSMISSION COST RECOVERY FACTOR
(Effective 10/01/187)
The Transmission Cost Recovery Factor (TCRF) Rate shall be set by the Public Utilities Board
(PUB). The TCRF Rate shall be reviewed on a quarterly basis and adjusted as defined below to
recover the costs of transmission service within the boundaries of the Electric Reliability Council
of Texas (ERCOT) region which are billed and charged to the CityDenton Municipal Electric
(DME). Transmission rates included in the TCRF shall be the net Transmission Cost of Service
(TCOS) billed to DME the City 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 providers to DME the City) + (Projected increases or decreases
PUCT-approved TCOS billing amount charges to ERCOT utilities)
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 TCRF
Balancing Account. The TCRF billed amount will be calculated quarterly 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 the City various rate classes based on
projected kWh sales for that rate class. The TCRF charge will be developed by the City 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:
52
RATE
Residential kWh x TCRF Rate
General Service Small kWh x TCRF Rate
General Service Medium kW x TCRF Rate
General Service Large kVA x TCRF Rate
General Service Time Of Use kVA x TCRF Rate
Local Government Service Small kWh x TCRF Rate
Local Government Service kW x TCRF Rate
Weekend Service kW x TCRF Rate
Temporary Service kWh x TCRF Rate
Athletic Field kWh x TCRF Rate
Traffic Lighting kWh x TCRF Rate
Unmetered Traffic Lighting kWh x TCRF Rate
Unmetered School Zone/Crossing kWh x TCRF Rate
Unmetered Security Camera kWh x TCRF Rate
Unmetered Wi-Fi Devices kWh x TCRF Rate
NOTE: The TCRF shall equal zero for all rate classes from 10/1/2018 until 9/30/2019 subject to
change at any time by City Council.
53
SCHEDULE DGR
DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER
(Effective 10/01/187)
APPLICATION
This Rider is available to any retail Customer receiving electric service under a City electric rate
schedule who owns and operates an on-site generating system powered by a renewable resource
capable of producing power, and which is interconnected with the Denton Municipal Electric
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 all or part of the
the City. If the Customer-owned generating system
primary purpose is to sell energy to the grid and not offset the is sized such that it produces energy
in excess of a electric consumption, special arrangements and a contract may be
necessary. The current interconnection guidelines may be found in the Distributed Generation
Manual located at www.cityofdenton.com.
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 CityDenton Municipal uUtilities, 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 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 during the previous twelve (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 Ccurrent technical requirements for distributed
generation interconnection. The Customer shall obtain approval from the City before prior to the
Customer energizes the installation ofCs the on-site generating system or interconnects it
with the DME electric system. The Customer shall submit to DME the City a completed
interconnection application form and signed Agreement for Interconnection and Parallel Operation
of Distributed Generation before the system installation. The minimum term of an agreement
under this Rider is one year, extended automatically unless terminated by either party with sixty
(60) days advance written notice.
The Customer is responsible for the costs of interconnecting with the DME electric system,
54
including transformers, service lines, or other equipment determined necessary by the City for safe
e DME electric system. The
Customer is responsible for any costs associated with required inspections and permits.
METERING
Metering under this Rider shall be performed by a single meter capable of registering the flow of
electricity in two directions (delivered by the DME electric system to the Customer, and
delivered to the DME system) to determine the
RATE
Beginning in the billing period after a Customer receives approval from the City, to interconnect
-site generating system;
delivered to the DME electric system will be considered renewable energy. The Customer
shall be billed for all energy delivered by the City to the Customer under the approved rates.
C electric system up to the
amount of energy delivered by DME the City
account for the energy generated as follows:
x
system) x (RCA Rate)\]
DME system that
exceeds the amount of energy delivered by DME the City to the
energy generated as follows:
Excess Generation Credit = (kWh delivered from the CRate (see
Schedule RCA).
Any Billing Period Credit shall be applied to the utility charges due from the Customer to the City
for the billing period.
INDEMNIFICATION
The Customer operating the renewable distributed generation system indemnifies the City and
holds the City harmless for all damages and injuries to the City, the Customer, or others arising
parallel with the City
for operating in parallel with the City
on the C
55
SCHEDULE IWG
INDEPENDENT WHOLESALE GENERATOR
(Effective 10/01/187)
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 the City
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.
The City will interconnect the IWG pursuant to the terms of the 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 Agreement
for Interconnection and Parallel Operation of Independent Wholesale Generation, requested by the
Customer, or required by the City may be provided pursuant to negotiation and agreement by both
the Customer and the City. The provision of said additional services or requirements shall be
recorded in the form of an addendum to the standard Agreement for Interconnection and Parallel
Operation of Independent Wholesale Generation.
TERMS AND CONDITIONS OF SERVICE
At a minimum, the Customer shall comply with the Ccurrent technical requirements for
independent wholesale generation interconnection specified in the standard Agreement for
Interconnection and Parallel Operation of Distributed Generation. The 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 Customer and the City. The Customer shall
obtain approval from DMEthe City before the Customer begins operation of its generating system
or interconnects it with the C electric system. The Customer is responsible for any costs
associated with required City inspections and permits.
PRE-INTERCONNECTION STUDIES
The City may, at its sole discretion perform pre-interconnection studies the City 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, the City
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 the City
responsibility of the Customer. A cost estimate will be provided and agreed to by the IWG
Customer prior to the City performing the studies.
56
SYSTEM MODIFICATIONS
The Customer will be required to install, operate, and maintain in good order and repair, and
without cost to the City, all facilities required by the City for the safe operation of the IWG system
in parallel with the City
operated, and maintained by the 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 the City service standards included in the DME
the Agreement for Interconnection and Parallel Operation of Independent Wholesale
Generation
Any modifications or additions to the City
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, DMEthe City may require that a communications
remote metering, SCADA telemetry, and/or direct voice contact between DME the City and the
Customer.
NET MONTHLY RATE
The Customer shall be subject to special contract arrangements and the rate charges to the
Customer shall consist of at a minimum, a monthly Facility Charge plus a monthly Distribution
Delivery Charge and a monthly Distribution Line Loss Charge. Additional Service Charges may
apply. These charges shall be calculated as follows:
MINIMUM BILLING
Facility Charge:
The Customer shall pay the City a monthly Facility Charge sufficient to compensate
the City for its investment in special facilities dedicated exclusively to providing
the 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 $69.06.
Distribution Delivery Charge:
The Customer shall pay the City a monthly distribution delivery charge equal to
illing kW shall be as
established in the DMEthe Agreement for Interconnection and Parallel
57
Operation of Independent Wholesale Generation, or 1,500 kW.
Distribution Line Loss Charge:
The Customer shall pay the City 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-
percent (5%).
ADDITIONAL SERVICE CHARGES
Generator Auxiliary Load Standby Charge:
The Customer shall pay the General Service Large Rate for any electric service
used by the Customer to serve generator auxiliary load as a result of demand and
energy requirements placed upon the City resulting from planned or forced outage of
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 electric
rate schedule(s) under which the Customer receives City 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 Rate.
58
SCHEDULE CGR
COMMERCIAL RENEWABLE ENERGY SERVICE RIDER
(Effective 10/01/187)
This Rider defines the manner by which commercial customers may purchase predetermined 1,000
kWh blocks of energy or one hundred percent (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 CityDenton Municipal uUtilities, 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 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 during
the previous twelve (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 1,000 kWh blocks of energy at the RCA Rate, with the remainder of the
CRate or to purchase all energy used at the RCA Rate. All
other charges contained in the Cschedule shall continue to apply, as
specified in said schedule. Said Custome
Either:
Total Energy Charge = \[(Y x 1000 kWh) x RCA\] + {\[(Total Energy Used) - (Y x 1000 kWh)\] x ECA}
Where:
Customer has elected to purchase a portion of its energy consumption at the RCA and:
Y= Number of 1000 kWh RCA blocks elected by said Customer
59
Or:
Total Energy Charge = Total Energy Used x RCA
Where:
Customer has elected to purchase its entire energy consumption at the RCA
TERMS OF SERVICE
To exercise the energy supply choice made available by this Rider, an eligible Customer must enter
into a separate written agreement with the City that specifies either a specific number of 1,000 kWh
energy blocks to be purchased at the Renewable Cost Adjustment Charge or specifies that one
hundred percent (100%) of said C
Renewable Cost Adjustment Charge. The minimum term for a Schedule CGR agreement shall be
twelve (12) months.
This Rider replaces the Energy Cost Adjustment Charge for participating customers.
60
SCHEDULE SFR
SPECIAL FACILITIES RIDER
(Effective 10/01/187)
(1) All service shall be offered from available facilities. If a Customer service characteristics
require facilities and devices not normally and readily available at the location where the
Customer requests service, the total cost incurred by the City for all facilities installed, buried,
relocated and/or removed shall be the responsibility of the Customer and subject to a contract
entered into between the City and the Customer. This contract shall be signed by both parties
prior to the City providing service to the Customer.
(2) Any contract under this rider is subject to the following approvals:
(a) If the total value of the contract is less than $100,000, the contract may be approved by
the City Manager, or his designee. If a contract under this subsection is not approved by the
City Manager, or his designee, then it must be recommended for approval by the Public
Utilities Board and approved by the City Council.
(b) If the total value of the contract is equal to or greater than $100,000, the contract must
be recommended for approval by the Public Utilities Board and approved by the City
Council.
61
SCHEDULE DFR
DARK FIBER
(Effective 10/01/187)
APPLICATION
Service is available to any Customer to the extent there is any excess capacity respecting the Denton
(DMEC) fiber optic cable facilities, within the area served by DMEthe
electric distribution system, for the purpose of point-to-point dark fiber optic cable
connectivity intended for the transport of high-speed data.
NET MONTHLY RATE
(1) Fiber Mileage Charge $400 per fiber pair/mile, per month; and
plus;
(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 CCity 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 the City 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 DMECity 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.
(7) DMECity dark fiber usage by the Customer cannot conflict with existing private
fiber and/or communications company usage in any specific area.
(8) All costs associated for new point-to-point fiber spot networks where DME the City
does not already have fiber installed are to be borne up-front by the Customer;
including installation costs, testing cost and any right-of-way or easement
procurement costs.
62
DISCOUNTS
Special discounts will be applied for fiber pairs to the same location, and for fiber pairs for long-term
contracts in the amounts as shown in the table below. The discount applicable to a Customer shall
not be a cumulative total of all the discounts offered. The discount any Customer is entitled to shall
be the largest single discount applicable to that C
Discount Type Discount Discount Type Discount
Term of Lease Number of Fibers
% %
5-7 Years 30% 1-2 Fibers /Mileage Charge 0%
8-10 Years 45% 3-6 Fibers/ Mileage 9.7%
Charge
7-12 Fibers/Mileage Charge 19%
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.
63
SCHEDULE PAF
POLE ATTACHMENT FEE
(Effective 10/01/187)
APPLICATION
This Rate is available to a licensee who desires to access designated poles or conduits owned by the
City for the purpose of installing and maintaining their facilities and associated equipment to provide
services to the public. An agreement between such entity and the City shall be executed separate
from, but will reference, the following rate schedule:
NET ANNUAL RATE
(1) Annual Pole Attachment (APA) $15.57 per attachment
plus;
(2) On-Pole Conduit Rate $15.57 per linear foot
plus;
(3) In-Ground Conduit Rate Rate specified pursuant to
Schedule SFR
plus;
(4) Riser Rate $160 per riser
plus;
(5) Miscellaneous Attachments $100 per miscellaneous
attachment
Note: Annual Rates (2) and (3) listed above are not available on all poles nor in all areas across the
City.
APPLICATION PROCESSING COSTS
(1) Application Filing Fee (per submittal) $100 per application
(2) Per pole cost (review & inspection) $25.00 per pole
(3) Per pole cost (mileage) $5.00 per pole
All application processing costs are non-refundable.
If an application being processed is identified as inaccurate or with errors, the licensee will need to
resubmit the application and pay the application filing fee again.
MISCELLANEOUS
(1) The City or City Contractor Performing Analysis $225 per pole
64
(2) Unauthorized Attachment Penalty $1,000 per attachment per pole
(3) Undefined Work or Expense Rate pursuant to Schedule SFR
MAKE READY COSTS
Licensees will be required to pay for any work done or contracted by the City, including but not
limited to make ready work and any installed, used or maintained facilities in violation of the
Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay,
for identified expenses as needed before any work will begin and shall include all reasonable fully
loaded material (including any applicable overhead), labor, engineering, transportation and
administrative costs.
PAYMENT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from
date of issuance.
65
SCHEDULE BIF
BANNER INSTALL FEE
(Effective 10/01/187)
APPLICATION
Applicable to any person who has completed an application and received approval from the City to
have a banner installed on facilities owned by the City for the purpose of marketing and publicizing
community events shall be assessed a fee based on the following schedule:
NET ANNUAL RATE
(1) Over the Street Banner Install $100.00 per banner
(2) Pole One Time Banner Install $15.00 per banner
(3) Pole Seasonal Banner Install $27.00 per banner
TERMS AND CONDITIONS OF SERVICE
Persons requesting the City install an Over the Street Banner must provide DMEthe City with a banner
that is no more than three (3) feet tall by thirty-five (35) feet in length with six (6) feet of rope. All
Over the Street Banners must be made out of mesh only (fish net type material). A sample of the
an application and permit fee of sixty (60) dollars for installation of an Over the Street Banner which
needs to be completed prior to contacting Denton Municipal Electric
DME.
Persons requesting the City install a Pole Banner must provide DME with a
banner that is no more than thirty (30) inches tall by eighty (80) inches in length with openings of two
(2) inches. Pole Banners are required to be made of weather beater or vinyl material only. The
appropriate application for each type of banner must be completed prior to installation and returned
to a representative of DME Electric Operations and Maintenance Division along with
applicable fees listed above, a digital image of the banner, and location requests. DME
electric utility will determine install locations depending on availability. Any banners that
promote sponsors or advertisement are strictly prohibited.
PAYMENT
Payment is required to the City at the time the banners are given for installation. Permit fees, when
applicable, are due to Building Inspections in order to reserve specific dates.
66
SCHEDULE WNA
WIRELESS NODE ATTACHMENTS
(Effective 10/01/187)
APPLICATION
This Rate is available to a licensee who desires to access designated poles owned by the City for the
purpose of installing and maintaining their wireless nodes and associated equipment to provide
services to the public. An agreement between such entity and the City shall be executed separate
from, but will reference, the following rate schedule:
NET ANNUAL RATE
(1) Facility Charge $17.82/node
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh per device Rate per kWh
MISCELLANEOUS
(1) Unauthorized Attachment Penalty $1,000 per attachment
(2) Undefined Work or Expense Rate pursuant to Schedule SFR
MAKE READY COSTS
Licensees will be required to pay for any work done or contracted by the City, including but not
limited to make ready work and any installed, used or maintained facilities in violation of the
Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay,
for identified expenses as needed before any work will begin and shall include all reasonable fully
loaded material (including any applicable overhead), labor, engineering, transportation and
administrative costs.
67
PAYMENT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from
date of issuance.
68
SCHEDULE WNU
WIRELESS NODE UNMETERED
(Effective 10/01/187)
APPLICATION
This Rate is available to a licensee who desires to access designated poles owned by the City for the
purpose of installing and maintaining their wireless nodes and associated equipment to provide
services to the public. An agreement between such entity and the City shall be executed separate
from, but will reference, the following rate schedule:
NET ANNUAL RATE
(1) Facility Charge $17.82/node
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on technical information of installed equipment provided
by licensee. This calculated consumption will be billed for each device 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.
Usage Charge = Annual kWh per device Rate per kWh
Annual Usage = 2,000 kWh per device per account (or calculated consumption based
on technical information provided by licensee)
MISCELLANEOUS
(1) Unauthorized Attachment Penalty $1,000 per attachment
(2) Undefined Work or Expense Rate pursuant to Schedule SFR
69
MAKE READY COSTS
Licensees will be required to pay for any work done or contracted by the City, including but not
limited to make ready work and any installed, used or maintained facilities in violation of the
Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay,
for identified expenses as needed before any work will begin and shall include all reasonable fully
loaded material (including any applicable overhead), labor, engineering, transportation and
administrative costs.
PAYMENT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from
date of issuance.
70
SECTION 2. The City Manager is hereby authorized to expend funds to authorize
credits to Customers on their electric service bills and further to authorize cash incentives for the
installation of photovoltaic systems in accordance with the form and type set forth in Schedule
GIP, as the installation of energy efficient upgrades is in the best interest of the City, as such will
reduce energy demand and consumption, reduce the peak load of the City
reduce emissions in the state, and promote energy conservation, which are all 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 the City, and all energy usage by Customers of the City
effective with the first billing issued on and after October 1, 20187; 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 ______________________, 20187.
_______________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
By: __________________________________
71
ORDINANCE NO. 2018-_______
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING THE SCHEDULE OF
RATES FOR ELECTRIC SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Schedule of Rates for electrical services as provided for in Chapter 26 of
the City of Denton Code of Ordinances, is as follows:
ELECTRIC RATE SCHEDULES
PAGE
RES Residential Service 3
RG Residential Renewable Energy Service Rider 5
RPP Residential Prepaid Service 7
RTOU Residential Time Of Use 9
GSS General Service Small 12
GSM General Service Medium 14
GSL General Service Large 16
TGS General Service Time Of Use 18
G2 Local Government Service Small 21
G1 Local Government Service 23
WK Weekend Service 25
AF Athletic Field 27
LS Street Lighting 29
LT Traffic Lighting 30
UFL Unmetered School Zone/Crossing Flashers 31
ULT Unmetered Traffic Lighting 32
USC Unmetered Security Camera 33
UWF Unmetered Wi-Fi Devices 34
LO Other Lighting 35
DD Security Lighting 37
DDL Downtown Decorative Lighting 39
DSL Non-Standard Street Lighting 40
T1 Temporary Service 42
EGR Economic Growth Rider 44
GIP GreenSense Incentive Program 46
ECA Energy Cost Adjustment 47
RCA Renewable Cost Adjustment 49
TCRF Transmission Cost Recovery Factor 51
DGR Distributed Generation From Renewable Sources Rider 53
IWG Independent Wholesale Generator 55
CGR Commercial Renewable Energy Service Rider 58
SFR Special Facilities Rider 60
1
DFR Dark Fiber 61
PAF Pole Attachment Fee 63
BIF Banner Install Fee 65
WNA Wireless Node Attachments 66
WNU Wireless Node Unmetered 68
2
SCHEDULE RES
RESIDENTIAL SERVICE
(Effective 10/01/18)
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
(1) Facility Charge
Single-Phase $ 8.67/bill
Three-Phase $17.33/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
3
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
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 10/01/18)
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 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 Residential Renewable Energy Service Rider and to
mitigate potential risk to ratepayers, any participant in the Residential Renewable Energy Service
Rider must be, at the time this Rider is applied for and continuing while such Rider is in effect, a
Customer in good standing of all City 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 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 during the previous twelve (12) months.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $ 8.67/bill
Three-Phase $17.33/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: All Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Renewable Cost Adjustment Charge See Schedule RCA
plus;
(4) Transmission Cost Recovery Factor See 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 six (6) months. At the end of
each six (6) month period, a Cwable Energy Service will be extended for another six
(6) month period unless that Customer provides a written request to terminate that service to the City
of Denton Customer Service Department fifteen (15) days prior to the end of the then-current six (6)
month participation period.
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
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.
6
SCHEDULE RPP
RESIDENTIAL PREPAID SERVICE
(Effective 10/01/18)
APPLICATION
Applicable to any Customer for prepaid electric service used for residential purposes in an individual
private dwelling or an individually metered apartment, supplied at one point of delivery and measured
through one meter. This Rate is not applicable to resale service in any event, or to temporary, standby,
or supplementary service.
Residential Prepaid Service may initially not be available in all areas.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $16.02/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
7
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
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 RTOU
RESIDENTIAL TIME OF USE
(Effective 10/01/18)
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. 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 Residential Time Of Use Rate and to mitigate potential
risk to ratepayers, any participant in the Residential Time Of Use Rate must be, at the time this Rate
is applied for and continuing while such Rate is in effect, a Customer in good standing of all
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 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 during the previous twelve (12) months.
Residential Time Of Use may initially not be available in all areas.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $ 8.67/bill
Three-Phase $17.33/bill
plus;
(2) Usage Charge
Winter (Billing months of November through April):
Tier 1: First 600 kWh 6.84¢/kWh
Tier 2: Additional kWh 4.55¢/kWh
Summer (Billing months of May through October):
Tier 1: All kWh 6.84¢/kWh
plus;
(3) Energy Cost Adjustment Charge
Super-Peak Hours See Schedule ECA
On-Peak Hours See Schedule ECA
Off-Peak Hours See Schedule ECA
9
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
DEFINITION OF SUPER-PEAK HOURS
The City's super-peak hours, for the purpose of this rate schedule, are designated as being from 3:00
P.M. to 8:00 P.M. each day, for the months of June through September. The City's super-peak hours
may be changed from time to time.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this rate schedule, are designated as being from 7:00
A.M. to 3:00 P.M. and 8:00 P.M. to 10:00 P.M. each day, for the months of June through September.
-peak hours for the months of October through May include all hours. 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 or super-peak hours for the months of June through September.
Off-Peak On-Peak Super-Peak On-Peak
22:01 07:00 07:01 15:00 15:01 20:00 20:01 22:00
10:01 PM 7:00 AM 7:01 AM 3:00 PM 3:01 PM 8:00 PM 8:01 PM 10:00 PM
10
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Winter (Billing months of November through April):
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
Summer (Billing months of May through October):
Usage Charge = All kWh Tier 1 Rate per kWh
TYPE OF SERVICE
The City will supply single-phase service (or three-phase service if available at the point of delivery)
at sixty (60) cycles and at any standard voltages available from the City's distribution system through
one standard transformation. Additional contractual arrangements between the City and the
Customer, subject to the Special Facilities Rider, may be required where service of the type desired
by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
11
SCHEDULE GSS
GENERAL SERVICE SMALL
(Effective 10/01/18)
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 the
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 $16.60/bill
Three-Phase $22.17/bill
plus;
(2) Usage Charge
Tier 1: First 2,500 kWh 8.52¢/kWh
Tier 2: Additional kWh 4.46¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
12
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
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.
13
SCHEDULE GSM
GENERAL SERVICE MEDIUM
(Effective 10/01/18)
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 $16.60/bill
Three-Phase $22.17/bill
plus;
(2) Demand Charge $4.78/kW (all kW)
plus;
(3) Usage Charge
Tier 1: First 6,000 kWh 5.23¢/kWh
Tier 2: Additional kWh 4.32¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) The Facility Charge
plus;
(2) The Demand Charge
14
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1)
the actual monthly kW demand as measured during the fifteen (15) minute period of maximum use
each month; or (2) seventy percent (70%) of the maximum monthly actual demand for any month
during the previous billing months of May through October in the twelve (12) months ending with
the current month.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (GM1) shall receive no Usage Charge discount.
Customers utilizing City owned and operated facilities and transformation equipment and who are
metered at primary voltage (GM2) shall receive a Usage 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 a
Usage 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.
15
SCHEDULE GSL
GENERAL SERVICE LARGE
(Effective 10/01/18)
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 (12)
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 $69.06/bill
plus;
(2) Demand Charge $10.80/kVA (Minimum of
250 kVA
billed)
plus;
(3) Usage Charge
Tier 1: First 200,000 kWh 2.45¢/kWh
Tier 2: Additional kWh 1.40¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) The Facility Charge
plus;
(2) The Demand Charge
16
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.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (GL1) shall receive no Usage Charge Discount.
Customers utilizing City owned and operated facilities and transformation equipment and who are
metered at primary voltage (GL2) shall receive a Usage 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 (GL3) shall receive a
Usage 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.
17
SCHEDULE TGS
GENERAL SERVICE TIME OF USE
(Effective 10/01/18)
APPLICATION
Applicable to any Customer having a minimum demand of 250 kVA for all electric service supplied
at one point of delivery and measured through one meter, with the City providing all facilities
necessary to receive primary voltage service. Customers electing this Rate must remain on this Rate
for a minimum of twelve (12) continuous billing months. This Rate is not applicable to resale service
in any event, or to temporary, standby, or supplementary service.
In light of additional costs associated with the General Service Time Of Use Rate and to mitigate
potential risk to ratepayers, any participant in the General Service Time Of Use Rate must be, at the
time this Rate is applied for and continuing while such Rate is in effect, a Customer in good standing
of all City 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 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 during the previous twelve (12) months.
NET MONTHLY RATE
(1) Facility Charge $80.54/bill
plus;
(2) On-Peak Demand Charge $13.76/kVA
plus;
(3) Off-Peak Demand Charge $2.72/kVA
plus;
(4) Usage Charge 0.82¢/kWh
plus;
(5) Energy Cost Adjustment Charge See Schedule ECA
plus;
(6) Transmission Cost Recovery Factor See Schedule TCRF
18
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 On-Peak Demand Charge
plus;
(3) The Off-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 off-peak hours, for the purpose of this rate schedule, shall be all hours not designated as
on-peak hours.
DETERMINATION OF ON-PEAK DEMAND
The demand used in calculating the On-Peak Demand Charge for the billing period shall be the greater
of: (1) the kVA actual demand supplied during the fifteen (15) minute period of maximum use each
month during on-peak hours as recorded by the City's demand meter, or (2) one hundred percent
(100%) of the actual maximum on-peak demand similarly determined during the billing months of
June through September in the twelve (12) months immediately preceding the current month. The
On Peak Demand Charge will be applied to each billing period.
DETERMINATION OF OFF-PEAK DEMAND
The demand used in calculating the Off-Peak Demand Charge for the billing period shall be the actual
kVA demand supplied during the fifteen (15) minute period of maximum use during off-peak hours
each month as recorded by the City's demand meter. The Off-Peak Demand Charge will be applied
to each billing period.
19
DETERMINATION OF DEMAND BILLING FOR CUSTOMERS WITH NO PEAK DEMAND
HISTORY DURING OFF-PEAK MONTHS
If the Customer is new or does not have a history of on-peak use for June through September, and
elects to accept service on the TGS Rate, the Customer's billed demand shall be the off-peak demand
billed at the GSL Demand Rate. The off-peak demand will be billed every month at the GSL Rate
until the Customer establishes a separate on-peak and off-peak demand during an on-peak month. At
this time, both on-peak and off-peak demand will then begin billing at the TGS Rate.
PRIMARY SERVICE DISCOUNT
Customers who receive service at secondary voltage (TG1) shall receive no Usage Charge Discount.
Customers utilizing City owned and operated facilities and transformation equipment and who are
metered at primary voltage (TG2) shall receive a Usage 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 a
Usage Charge Discount of 0.3¢/kWh. The City shall own, operate and maintain all metering facilities,
either at primary or secondary voltage.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
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.
20
SCHEDULE G2
LOCAL GOVERNMENT SERVICE SMALL
(Effective 10/01/18)
APPLICATION
Applicable to any local City, County or School District having a maximum demand of less than 21.0
kW in each of the previous twelve (12) months for all electric service supplied at one point of delivery
and measured through one meter. If the demand in any month equals or exceeds 21.0 kW, billing
will be made under the Rate Schedule G1 and the 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 $16.66/bill
Three-Phase $22.24/bill
plus;
(2) Usage Charge 7.79¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) Facility Charge
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
21
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.
22
SCHEDULE G1
LOCAL GOVERNMENT SERVICE
(Effective 10/01/18)
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 $16.61/bill
Three-Phase $22.19/bill
plus;
(2) Demand Charge $8.18/kW
plus;
(3) Usage Charge 3.70¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
(1) Facility Charge
plus;
(2) Demand Charge
23
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of:
(1) The actual kW demand supplied during the fifteen (15) minute period of maximum use during
the current month as determined by the City's demand meter; or (2) not less than fifty percent
(50%) of the highest monthly actual demand determined during the billing months of May through
October in the twelve (12) months immediately preceding the current month.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
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.
24
SCHEDULE WK
WEEKEND SERVICE
(Effective 10/01/18)
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
eighty percent (80%) of the maximum demand load. Customers who violate the eighty percent (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 $21.87/bill
Three-Phase $27.34/bill
plus;
(2) Demand Charge $7.66/kW (First 20 kW not
billed)
plus;
(3) Usage Charge
Tier 1: First 2,500 kWh 8.50¢/kWh
Tier 2: Next 3,500 kWh 4.46¢/kWh
Tier 3: Additional kWh 3.28¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
(1) Facility Charge
plus;
(2) Demand Charge
25
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1)
the actual kW demand supplied during the fifteen (15) minute period of maximum use during the
current billing period as determined by the City's demand meter less 20 kW; or (2) zero (0).
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = kWh in Tier 1 Tier 1 Rate per kWh
kWh in Tier 2 Tier 2 Rate per kWh, if applicable
kWh in Tier 3 Tier 3 Rate per kWh, if applicable
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.
26
SCHEDULE AF
ATHLETIC FIELD
(Effective 10/01/18)
APPLICATION
Applicable to all electric service metered at one point for use to light specified areas for athletic events.
This Rate is not applicable to resale service in any event, or to temporary, standby, or supplementary
service except in conjunction with applicable rider.
NET MONTHLY RATE
(1) Facility Charge
Single-Phase $22.75/bill
Three-Phase $34.11/bill
plus;
(2) Demand Charge
Summer (Billing months of June through September):
Peak (2:00 PM - 7:00 PM) $6.06/kW
Off Peak (All Other Hours) $1.44/kW
Winter (Billing months of October through May):
All hours $1.44/kW
plus:
(3) Usage Charge
Summer (Billing months of June through September):
Peak (2:00 PM to 7:00 PM) 9.77¢/kWh
Off Peak (All Other Hours) 4.89¢/kWh
Winter (Billing months of October through May):
All hours 4.89¢/kWh
plus;
(4) Energy Cost Adjustment Charge See Schedule ECA
plus;
(5) Transmission Cost Recovery Factor See Schedule TCRF
27
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the actual kW
demand supplied during the fifteen (15) minute period of maximum use during the current billing
period as determined by the City's demand meter.
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Summer (Billing months of June through September):
Usage Charge = kWh during Peak Peak Rate per kWh
kWh during Off Peak Off Peak Rate per kWh
Winter (Billing months of October through May):
Usage Charge = All kWh Rate per kWh
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.
28
SCHEDULE LS
STREET LIGHTING
(Effective 10/01/18)
APPLICATION
Applicable to all street lighting owned and maintained by the City.
NET MONTHLY RATE
(1) Facility Charge
Rate Luminaire Type Facility Charge
LSA 100 W Sodium $6.08/bill
LSB 250 W Sodium $8.62/bill
LSC 400 W Sodium $10.86/bill
LSD 100 W LED $6.08/bill
LSE 250 W LED $8.62/bill
LSF 400 W LED $10.86/bill
plus;
(2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA)
(Bulb Wattage Factor where the
following Bulb Wattage Factors
apply);
Rate Luminaire Type Bulb Wattage Factor
LSA 100 W Sodium Vapor 48 kWh
LSB 250 W Sodium Vapor 105 kWh
LSC 400 W Sodium Vapor 159 kWh
LSD 100 W Equivalent LED 25 kWh
LSE 250 W Equivalent LED 96 kWh
LSF 400 W Equivalent LED 148 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.
29
SCHEDULE LT
TRAFFIC LIGHTING
(Effective 10/01/18)
APPLICATION
Applicable to State and Local Government agencies that operate and maintain their own traffic
signals.
NET MONTHLY RATE
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
plus;
(3) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
TYPE OF SERVICE
The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
30
SCHEDULE UFL
UNMETERED SCHOOL ZONE/CROSSING FLASHERS
(Effective 10/01/18)
APPLICATION
Applicable to local government agencies that operate and maintain their own unmetered school
zone/crossing flashers.
NET ANNUAL RATE
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
plus;
(3) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage 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.
Usage Charge = All kWh Rate per kWh
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.
31
SCHEDULE ULT
UNMETERED TRAFFIC LIGHTING
(Effective 10/01/18)
APPLICATION
Applicable to Local Government agencies that operate and maintain their own unmetered traffic
signals.
NET ANNUAL RATE
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
plus;
(3) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage 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.
Usage Charge = All kWh Rate per kWh
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.
32
SCHEDULE USC
UNMETERED SECURITY CAMERA
(Effective 10/01/18)
APPLICATION
Applicable to Local Government agencies that operate and maintain their own unmetered security
cameras.
NET ANNUAL RATE
(1) Facility Charge $17.82
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage 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.
Usage Charge = annual kWh per camera kWh Rate
Annual Usage = 300 kWh per camera per account
TYPE OF SERVICE
The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's
distribution system through one standard transformation. Additional contractual arrangements
between the City and the Customer, subject to the Special Facilities Rider, may be required where
service of the type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
33
SCHEDULE UWF
UNMETERED WI-FI DEVICES
(Effective 10/01/18)
APPLICATION
Applicable to local government agencies that operate and maintain their own unmetered Wi-Fi
devices.
NET ANNUAL RATE
(1) Facility Charge $17.82
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on technical information of installed equipment. This
calculated consumption will be billed for each device 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.
Usage Charge = annual kWh per device kWh Rate
Annual Usage = 300 kWh per device 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.
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SCHEDULE LO
OTHER LIGHTING
(Effective 10/01/18)
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) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge (Current ECA per Schedule
ECA) x (Bulb Wattage/1000)
x (Hours of Operation per
Billing Period)
USAGE CHARGE LOA (Unmetered Lighting)
Billing for the Usage Charge shall be based on estimated kWh consumption during the billing
period.
Usage Charge = (kWh Rate x Bulb Wattage/1000) x (Hours of Operation per Billing Period)
NET MONTHLY RATE LOB (Metered Lighting)
(1) Usage Charge 6.64¢/kWh
plus;
(2) Energy Cost Adjustment Charge See Schedule ECA
35
USAGE CHARGE LOB (Metered Lighting)
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
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.
36
SCHEDULE DD
SECURITY LIGHTING
(Effective 10/01/18)
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
Rate Luminaire Type Facility Charge
DSA 100 W Sodium Vapor $ 9.61/bill
DSB 250 W Sodium Vapor $12.71/bill
DSC 400 W Sodium Vapor $15.32/bill
DHA 250 W Metal Halide $14.95/bill
DHB 400 W Metal Halide $17.82/bill
plus;
(2) Energy Cost Adjustment Charge
(Current ECA per Schedule ECA) (Monthly Bulb Wattage Factor where the following Bulb
Wattage Factors apply);
Rate Luminaire Type Bulb Wattage Factor
DSA 100 W Sodium Vapor 48 kWh
DSB 250 W Sodium Vapor 105 kWh
DSC 400 W Sodium Vapor 159 kWh
DHA 250 W Metal Halide 105 kWh
DHB 400 W Metal Halide 159 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.
Where necessary for proper illumination or where existing poles are inadequate, the City will install
or cause to be installed, one (1) wood pole with the necessary lighting hardware and overhead
conductor for each installed light, at a distance not to exceed eighty (80') feet from existing lines, at no
37
charge to the Customer. Additional contractual arrangements between the City and the Customer,
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
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) .
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business days
after issuance.
38
SCHEDULE DDL
DOWNTOWN DECORATIVE LIGHTING
(Effective 10/01/18)
APPLICATION
Applicable to any Customer requesting service on the perimeter of the historic County Courthouse
for
outdoor area lighting at said location.
NET MONTHLY RATE
(1) Facility Charge $4.78/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
service is provided between dusk and midnight. Additional contractual arrangements between the
City and the Customer, subject to the Special Facilities Rider, may be required where service of the
type desired by the Customer is not available at the point of service.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
FACILITY CHARGE
The Facility Charge shall be assessed on each bill rendered.
39
SCHEDULE DSL
NON-STANDARD STREET LIGHTING
(Effective 10/01/18)
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 $9.18/bill
plus;
(2) Usage Charge 6.64¢/kWh
Usage 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);
Rate Luminaire Type Bulb Wattage Factor
DLSA 100 W Sodium Vapor 48 kWh
DLSB 250 W Sodium Vapor 105 kWh
DLSC 400 W Sodium Vapor 159 kWh
DLHA 250 W Metal Halide 105 kWh
DLHB 400 W Metal Halide 159 kWh
Other For any lamp types installed by the Customer 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.
40
ADDITIONAL SERVICE CHARGES
If the City is required to maintain the privately owned lights to ensure public safety, the owner of the
lights may be subject to additional service charges. The additional service charges shall be the actual
cost of performing any work required to perform the necessary maintenance including but not limited
to:
Labor Regular time or overtime labor hourly rates in effect at the time the work is
performed for all personnel performing the work. Labor charges shall be
based on a one (1) hour minimum with all additional time above the minimum
to be measured to the nearest one-quarter hour.
Transportation To be billed by hours or miles, as applicable, according to the estimated cost
of operating the required equipment.
Material Any material needed to repair and/or maintain facilities will be billed at City
Warehouse cost plus twenty five percent (25%).
Administrative Fee Ten percent (10%) of the total labor, transportation, and material costs.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
41
SCHEDULE T1
TEMPORARY SERVICE
(Effective 10/01/18)
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 $16.61/bill
Three-Phase $22.19/bill
plus;
(2) Usage Charge 8.54¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
MINIMUM BILLING
For each billing period, the Customer shall be obligated to pay the following charges as a minimum,
whether or not any energy was actually used:
Single-Phase Facility Charge
Three-Phase Facility Charge
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh Rate per kWh
42
TYPE OF SERVICE
The City will supply single-phase service at sixty (60) cycles at a standard secondary voltage available
at the site. Additional contractual arrangements between the City and the Customer, subject to the
Special Facilities Rider, may be required where service of the type desired by the Customer is not
available at the point of service.
ADDITIONAL TEMPORARY SERVICE CHARGES
Labor Regular time or overtime labor hourly rates in effect at the time the
work is performed for all personnel performing the work. Labor
charges shall be based on a one (1) hour minimum with all additional
time above the minimum to be measured to the nearest one-quarter
hour.
Transportation To be billed by hours or miles, as applicable, according to the estimated
cost of operating the required equipment.
Material Material that cannot be salvaged shall be billed at the City Warehouse
cost plus twenty five percent (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
twenty five percent (25%), plus applicable sales tax.
Administrative Fee Ten percent (10%) of the total labor, transportation, and material costs.
PAYMENT
The due date for the payment of the bill for utility services shall not be less than ten (10) business
days after issuance.
43
SCHEDULE EGR
ECONOMIC GROWTH RIDER
(Effective 10/01/18)
PURPOSE
The purpose of this Rider is to facilitate local economic growth and expand the ad valorem tax base
of the City.
AVAILABILITY
This Rider is available to the Customers who:
(1) Receive service from Rate Schedules GSL or TGS; and
(2) Pay City ad valorem tax; and
(3) Receive no electric service discounts other than those specifically defined in the GSL
or TGS Rate Schedules.
APPLICATION
This Rider is available to electric service supplied at any one location. It is for firm electric service
applicable to new and existing customers as described below, over a five (5) year period. This Rider
is available to the following classes of customers:
(1) New Customers whose electric service represents demand not previously served by
the City at any location in the City's service area in the last twelve (12) months, where
such metered demand will be in excess of 1,000 kVA and customer load factor must
be greater than the system load factor, as estimated and mutually agreed
upon by the 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 and customer load factor must be greater
than the Csystem load factor. 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.
44
In light of additional costs associated with the Economic Growth Rider and to mitigate potential
risk to ratepayers, any participant in the Economic Growth Rider must be, at the time this Rider is
applied for and continuing while such Rider is in effect, a Customer in good standing of all City
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 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 during the previous twelve (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 the GSL Rate) or system demand and on-peak demand (for the
TGS Rate) will be adjusted in accordance with the following table:
Time Period Reduction to Billing Demand
First Year 50%
Second Year 40%
Third Year 30%
Fourth Year 20%
Fifth Year 10%
CONTRACT PERIOD
The term of the contract will be for five (5) years.
45
SCHEDULE GIP
GREENSENSE INCENTIVE PROGRAM
(Effective 10/01/18)
PROGRAM SUMMARY
The objective of the GreenSense Incentive educe energy demand and
consumption by promoting energy conservation, thereby reducing the utility bills of City Customers,
reducing the peak load of the electric system, reducing emissions in the state, and promoting
energy conservation. The Program offers incentives, in the form of credits on the electric service bills
of City retail customers. Cash incentives may be paid to retail customers for the installation of
photovoltaic applications.
In light of additional costs associated with the GreenSense Incentive Program and to mitigate
potential risk to ratepayers, any participant in the GreenSense Incentive 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 City 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
Program 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 during the previous twelve (12) months.
Program applicants will be able to qualify for multiple incentives simultaneously, unless specified in
the individual guidelines. 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 the City. 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 the City. The program guidelines and
payment provisions are subject to change by the City without prior notice. The City may, at any
time, discontinue the Program without prior notice. The current program guidelines may be found
in the GreenSense Incentive Program Manual located at www.cityofdenton.com.
46
SCHEDULE ECA
ENERGY COST ADJUSTMENT
(Effective 10/01/18)
The Energy Cost Adjustment (ECA) Rate shall be set by the Public Utilities Board (PUB). The ECA
Rate shall be reviewed on a quarterly basis and adjusted as defined below to recover the net cost of
energy delivered to Customers and to maintain in a financially sound position.
ENERGY COST ADJUSTMENT BALANCING ACCOUNT CALCULATION
The ECA Balancing Account shall be calculated using the following formula:
ECA Balancing Account = (Beginning ECA Account Balance) (Projected Net Energy Cost)
Where:
Projected Net Energy Cost = For the next fiscal quarter, the electric utility projected cost of
electric load purchases from ERCOT plus all projected electric utility power/energy related costs
for that same period including, but not limited to, power production (including the Denton Energy
Center debt and all other costs); purchased power; applicable transmission services, losses and
congestion; other ERCOT charges; renewable energy credits; and financial and/or physical
power/energy trades; less all projected revenue to be received by the electric utility for
power/energy related sales and/or trades.
The General Manager of the City or his/her designee shall calculate the ECA Balancing
Account monthly. In the event that the ECA Balancing Account calculated during the last month of
each fiscal quarter (December, March, June, and September) is projected to be over/under collected by
$5,000,000 or more during the next quarter, the General Manager or his/her designee may recommend
to the PUB and City Council a revision to the ECA to maintain in a financially
sound position.
ENERGY COST ADJUSTMENT CALCULATION
ECA = \[(Projected Net Energy Cost) + (ECA Balancing Account)\] / (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
47
Residential Time-Of-Use (Schedule RTOU):
Super-Peak ECA Charge = Super-Peak kWh x \[ECA + (ECA x 53.5%)\]
On-Peak ECA Charge = On-Peak kWh x ECA Rate
Off-Peak ECA Charge = Off-Peak kWh x \[ECA (ECA x 48.8%)\]
DEFINITION OF SUPER-PEAK HOURS
The City's super-peak hours, for the purpose of this Rate, are designated as being from 3:00 P.M. to
8:00 P.M. each day, for the months of June through September. The City's super-peak hours may be
changed from time to time.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this Rate, are designated as being from 7:00 A.M. to 3:00
on-peak hours for the months of October through May include all hours. 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, shall be all hours not designated as on-
peak hours or super-peak hours for the months of June through September.
Off-Peak On-Peak Super-Peak On-Peak
22:01 07:00 07:01 15:00 15:01 20:00 20:01 22:00
10:01 PM 7:00 AM 7:01 AM 3:00 PM 3:01 PM 8:00 PM 8:01 PM 10:00 PM
48
SCHEDULE RCA
RENEWABLE COST ADJUSTMENT
(Effective 10/01/18)
The Renewable Cost Adjustment (RCA) Rate shall be set by the Public Utilities Board (PUB). 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 General
Manager or his/her designee shall calculate the RCA Balancing Account.
In the event that the RCA Balancing Account calculated during the last month of each fiscal quarter is
over/under collected by $100,000 or more during the next quarter, the General Manager
electric utility or his/her designee may recommend to the PUB any actions to maintain the City
electric utility in a financially sound position.
RENEWABLE COST ADJUSTMENT CALCULATION
RCA = ECA + \[(Projected Renewable Energy Cost) / (Projected kWh sales)\]
Where:
Projected Renewable Energy Cost = Actual + projected REC cost
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
Residential Time-Of-Use (Schedule RTOU):
Super-Peak RCA Charge = kWh x \[RCA + (RCA x 53.5%)\]
On-Peak RCA Charge = kWh x RCA Rate
Off-Peak RCA Charge = kWh x \[RCA (RCA x 48.8%)\]
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DEFINITION OF SUPER-PEAK HOURS
The City's super-peak hours, for the purpose of this Rate, are designated as being from 3:00 P.M. to
8:00 P.M. each day, for the months of June through September. The City's super-peak hours may be
changed from time to time.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this Rate, are designated as being from 7:00 A.M. to 3:00
on-peak hours for the months of October through May include all hours. 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, shall be all hours not designated as on-
peak hours or super-peak hours for the months of June through September.
Off-Peak On-Peak Super-Peak On-Peak
22:01 07:00 07:01 15:00 15:01 20:00 20:01 22:00
10:01 PM 7:00 AM 7:01 AM 3:00 PM 3:01 PM 8:00 PM 8:01 PM 10:00 PM
50
SCHEDULE TCRF
TRANSMISSION COST RECOVERY FACTOR
(Effective 10/01/18)
The Transmission Cost Recovery Factor (TCRF) Rate shall be set by the Public Utilities Board
(PUB). The TCRF Rate shall be reviewed on a quarterly basis and adjusted as defined below to
recover the costs of transmission service within the boundaries of the Electric Reliability Council
of Texas (ERCOT) region which are billed and charged to the City. Transmission rates included
in the TCRF shall be the net Transmission Cost of Service (TCOS) billed to the City 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 providers to the City) + (Projected increases or decreases PUCT-
approved TCOS billing amount charges to ERCOT utilities)
During the last month of each fiscal year quarter (December, March, June, and September), the
General Manager or his/her designee shall calculate the TCRF
Balancing Account. The TCRF billed amount will be calculated quarterly 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 the City various rate classes based on
projected kWh sales for that rate class. The TCRF charge will be developed by the City 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:
51
RATE
Residential kWh x TCRF Rate
General Service Small kWh x TCRF Rate
General Service Medium kW x TCRF Rate
General Service Large kVA x TCRF Rate
General Service Time Of Use kVA x TCRF Rate
Local Government Service Small kWh x TCRF Rate
Local Government Service kW x TCRF Rate
Weekend Service kW x TCRF Rate
Temporary Service kWh x TCRF Rate
Athletic Field kWh x TCRF Rate
Traffic Lighting kWh x TCRF Rate
Unmetered Traffic Lighting kWh x TCRF Rate
Unmetered School Zone/Crossing kWh x TCRF Rate
Unmetered Security Camera kWh x TCRF Rate
Unmetered Wi-Fi Devices kWh x TCRF Rate
NOTE: The TCRF shall equal zero for all rate classes from 10/1/2018 until 9/30/2019 subject to
change at any time by City Council.
52
SCHEDULE DGR
DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER
(Effective 10/01/18)
APPLICATION
This Rider is available to any retail Customer receiving electric service under a City electric rate
schedule who owns and operates an on-site generating system powered by a renewable resource
capable of producing power, and which is interconnected with the 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 all or part of the
the City. If the Customer-owned generating system is
sized such that it produces energy in excess of a electric consumption, special
arrangements and a contract may be necessary. The current interconnection guidelines may be
found in the Distributed Generation Manual located at www.cityofdenton.com.
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 City 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 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 during
the previous twelve (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 Ccurrent technical requirements for distributed
generation interconnection. The Customer shall obtain approval from the City prior to the
installation of the on-site generating system. The Customer shall submit to the City a completed
interconnection application form and signed Agreement for Interconnection and Parallel Operation
of Distributed Generation before the system installation. The minimum term of an agreement
under this Rider is one year, extended automatically unless terminated by either party with sixty
(60) days advance written notice.
The Customer is responsible for the costs of interconnecting with the electric system,
including transformers, service lines, or other equipment determined necessary by the City for safe
electric system. The
Customer is responsible for any costs associated with required inspections and permits.
53
METERING
Metering under this Rider shall be performed by a single meter capable of registering the flow of
electricity in two directions (delivered by the electric system to the Customer, and delivered
to the
flow.
RATE
Beginning in the billing period after a Customer receives approval from the City, to interconnect
the C-site generating system;
delivered to the electric system will be considered renewable energy. The Customer shall
be billed for all energy delivered by the City to the Customer under the approved rates.
C electric system up to the
amount of energy delivered by the City
account for the energy generated as follows:
system) x (RCA Rate)\]
Citsystem that exceeds
the amount of energy delivered by the City to the Customer, the City
follows:
Excess Generation Credit = (kWh delivered from the CRate
Any Billing Period Credit shall be applied to the utility charges due from the Customer to the City
for the billing period.
INDEMNIFICATION
The Customer operating the renewable distributed generation system indemnifies the City and
holds the City harmless for all damages and injuries to the City, the Customer, or others arising
parallel with the Cityponsible for providing adequate protection
for operating in parallel with the City
on the C
54
SCHEDULE IWG
INDEPENDENT WHOLESALE GENERATOR
(Effective 10/01/18)
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 the City
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.
The City will interconnect the IWG pursuant to the terms of the 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 Agreement
for Interconnection and Parallel Operation of Independent Wholesale Generation, requested by the
Customer, or required by the City may be provided pursuant to negotiation and agreement by both
the Customer and the City. The provision of said additional services or requirements shall be
recorded in the form of an addendum to the standard Agreement for Interconnection and Parallel
Operation of Independent Wholesale Generation.
TERMS AND CONDITIONS OF SERVICE
At a minimum, the Customer shall comply with the Ccurrent technical requirements for
independent wholesale generation interconnection specified in the standard Agreement for
Interconnection and Parallel Operation of Distributed Generation. The 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 Customer and the City. The Customer shall
obtain approval from the City before the Customer begins operation of its generating system or
interconnects it with the C electric system. The Customer is responsible for any costs
associated with required City inspections and permits.
PRE-INTERCONNECTION STUDIES
The City may, at its sole discretion perform pre-interconnection studies the City 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, the City
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 the City
responsibility of the Customer. A cost estimate will be provided and agreed to by the IWG
Customer prior to the City performing the studies.
55
SYSTEM MODIFICATIONS
The Customer will be required to install, operate, and maintain in good order and repair, and
without cost to the City, all facilities required by the City for the safe operation of the IWG system
in parallel with the City
operated, and maintained by the 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 City service standards included in the Agreement
for Interconnection and Parallel Operation of Independent Wholesale Generation
Any modifications or additions to the City
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, the City may require that a communications
remote metering, SCADA telemetry, and/or direct voice contact between the City and the
Customer.
NET MONTHLY RATE
The Customer shall be subject to special contract arrangements and the rate charges to the
Customer shall consist of at a minimum, a monthly Facility Charge plus a monthly Distribution
Delivery Charge and a monthly Distribution Line Loss Charge. Additional Service Charges may
apply. These charges shall be calculated as follows:
MINIMUM BILLING
Facility Charge:
The Customer shall pay the City a monthly Facility Charge sufficient to compensate
the City for its investment in special facilities dedicated exclusively to providing
the 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 $69.06.
Distribution Delivery Charge:
The Customer shall pay the City a monthly distribution delivery charge equal to
established in the Agreement for Interconnection and Parallel Operation of
Independent Wholesale Generation, or 1,500 kW.
56
Distribution Line Loss Charge:
The Customer shall pay the City 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-
percent (5%).
ADDITIONAL SERVICE CHARGES
Generator Auxiliary Load Standby Charge:
The Customer shall pay the General Service Large Rate for any electric service
used by the Customer to serve generator auxiliary load as a result of demand and
energy requirements placed upon the City resulting from planned or forced outage of
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 electric
rate schedule(s) under which the Customer receives City 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 Rate.
57
SCHEDULE CGR
COMMERCIAL RENEWABLE ENERGY SERVICE RIDER
(Effective 10/01/18)
This Rider defines the manner by which commercial customers may purchase predetermined 1,000
kWh blocks of energy or one hundred percent (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 City 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 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 during the previous twelve
(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 1,000 kWh blocks of energy at the RCA Rate, with the remainder of the
CRate or to purchase all energy used at the RCA Rate. All
other charges contained in the Cschedule shall continue to apply, as
specified in said schedule. Said Cy 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
58
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 the City that specifies either a specific number of 1,000 kWh
energy blocks to be purchased at the Renewable Cost Adjustment Charge or specifies that one
hundred percent (100%) of said C
Renewable Cost Adjustment Charge. The minimum term for a Schedule CGR agreement shall be
twelve (12) months.
This Rider replaces the Energy Cost Adjustment Charge for participating customers.
59
SCHEDULE SFR
SPECIAL FACILITIES RIDER
(Effective 10/01/18)
(1) All service shall be offered from available facilities. If a Customer service characteristics
require facilities and devices not normally and readily available at the location where the
Customer requests service, the total cost incurred by the City for all facilities installed, buried,
relocated and/or removed shall be the responsibility of the Customer and subject to a contract
entered into between the City and the Customer. This contract shall be signed by both parties
prior to the City providing service to the Customer.
(2) Any contract under this rider is subject to the following approvals:
(a) If the total value of the contract is less than $100,000, the contract may be approved by
the City Manager, or his designee. If a contract under this subsection is not approved by the
City Manager, or his designee, then it must be recommended for approval by the Public
Utilities Board and approved by the City Council.
(b) If the total value of the contract is equal to or greater than $100,000, the contract must
be recommended for approval by the Public Utilities Board and approved by the City
Council.
60
SCHEDULE DFR
DARK FIBER
(Effective 10/01/18)
APPLICATION
Service is available to any Customer to the extent there is any excess capacity respecting the C
fiber optic cable facilities, within the area served by electric distribution system, for the
purpose of point-to-point dark fiber optic cable connectivity intended for the transport of high-speed
data.
NET MONTHLY RATE
(1) Fiber Mileage Charge $400 per fiber pair/mile, per month; and
plus;
(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 CCity 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 the City 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 City 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.
(7) City dark fiber usage by the Customer cannot conflict with existing private fiber
and/or communications company usage in any specific area.
(8) All costs associated for new point-to-point fiber spot networks where the City does
not already have fiber installed are to be borne up-front by the Customer; including
installation costs, testing cost and any right-of-way or easement procurement costs.
61
DISCOUNTS
Special discounts will be applied for fiber pairs to the same location, and for fiber pairs for long-term
contracts in the amounts as shown in the table below. The discount applicable to a Customer shall
not be a cumulative total of all the discounts offered. The discount any Customer is entitled to shall
be the largest single discount applicable to that C
Discount Type Discount Discount Type Discount
Term of Lease Number of Fibers
% %
5-7 Years 30% 1-2 Fibers /Mileage Charge 0%
8-10 Years 45% 3-6 Fibers/ Mileage 9.7%
Charge
7-12 Fibers/Mileage Charge 19%
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.
62
SCHEDULE PAF
POLE ATTACHMENT FEE
(Effective 10/01/18)
APPLICATION
This Rate is available to a licensee who desires to access designated poles or conduits owned by the
City for the purpose of installing and maintaining their facilities and associated equipment to provide
services to the public. An agreement between such entity and the City shall be executed separate
from, but will reference, the following rate schedule:
NET ANNUAL RATE
(1) Annual Pole Attachment (APA) $15.57 per attachment
plus;
(2) On-Pole Conduit Rate $15.57 per linear foot
plus;
(3) In-Ground Conduit Rate Rate specified pursuant to
Schedule SFR
plus;
(4) Riser Rate $160 per riser
plus;
(5) Miscellaneous Attachments $100 per miscellaneous
attachment
Note: Annual Rates (2) and (3) listed above are not available on all poles nor in all areas across the
City.
APPLICATION PROCESSING COSTS
(1) Application Filing Fee (per submittal) $100 per application
(2) Per pole cost (review & inspection) $25.00 per pole
(3) Per pole cost (mileage) $5.00 per pole
All application processing costs are non-refundable.
If an application being processed is identified as inaccurate or with errors, the licensee will need to
resubmit the application and pay the application filing fee again.
MISCELLANEOUS
(1) The City or City Contractor Performing Analysis $225 per pole
63
(2) Unauthorized Attachment Penalty $1,000 per attachment per pole
(3) Undefined Work or Expense Rate pursuant to Schedule SFR
MAKE READY COSTS
Licensees will be required to pay for any work done or contracted by the City, including but not
limited to make ready work and any installed, used or maintained facilities in violation of the
Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay,
for identified expenses as needed before any work will begin and shall include all reasonable fully
loaded material (including any applicable overhead), labor, engineering, transportation and
administrative costs.
PAYMENT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from
date of issuance.
64
SCHEDULE BIF
BANNER INSTALL FEE
(Effective 10/01/18)
APPLICATION
Applicable to any person who has completed an application and received approval from the City to
have a banner installed on facilities owned by the City for the purpose of marketing and publicizing
community events shall be assessed a fee based on the following schedule:
NET ANNUAL RATE
(1) Over the Street Banner Install $100.00 per banner
(2) Pole One Time Banner Install $15.00 per banner
(3) Pole Seasonal Banner Install $27.00 per banner
TERMS AND CONDITIONS OF SERVICE
Persons requesting the City install an Over the Street Banner must provide the City with a banner that
is no more than three (3) feet tall by thirty-five (35) feet in length with six (6) feet of rope. All Over
the Street Banners must be made out of mesh only (fish net type material). A sample of the banner
application and permit fee of sixty (60) dollars for installation of an Over the Street Banner which
needs to be completed prior to contacting .
Persons requesting the City install a Pole Banner must provide with a banner
that is no more than thirty (30) inches tall by eighty (80) inches in length with openings of two (2)
inches. Pole Banners are required to be made of weather beater or vinyl material only. The
appropriate application for each type of banner must be completed prior to installation and returned
to a representative of thElectric Operations and Maintenance Division along with applicable
fees listed above, a digital image of the banner, and location requests. will
determine install locations depending on availability. Any banners that promote sponsors or
advertisement are strictly prohibited.
PAYMENT
Payment is required to the City at the time the banners are given for installation. Permit fees, when
applicable, are due to Building Inspections in order to reserve specific dates.
65
SCHEDULE WNA
WIRELESS NODE ATTACHMENTS
(Effective 10/01/18)
APPLICATION
This Rate is available to a licensee who desires to access designated poles owned by the City for the
purpose of installing and maintaining their wireless nodes and associated equipment to provide
services to the public. An agreement between such entity and the City shall be executed separate
from, but will reference, the following rate schedule:
NET ANNUAL RATE
(1) Facility Charge $17.82/node
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on actual kWh consumption during the billing period.
Usage Charge = All kWh per device Rate per kWh
MISCELLANEOUS
(1) Unauthorized Attachment Penalty $1,000 per attachment
(2) Undefined Work or Expense Rate pursuant to Schedule SFR
MAKE READY COSTS
Licensees will be required to pay for any work done or contracted by the City, including but not
limited to make ready work and any installed, used or maintained facilities in violation of the
Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay,
for identified expenses as needed before any work will begin and shall include all reasonable fully
loaded material (including any applicable overhead), labor, engineering, transportation and
administrative costs.
66
PAYMENT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from
date of issuance.
67
SCHEDULE WNU
WIRELESS NODE UNMETERED
(Effective 10/01/18)
APPLICATION
This Rate is available to a licensee who desires to access designated poles owned by the City for the
purpose of installing and maintaining their wireless nodes and associated equipment to provide
services to the public. An agreement between such entity and the City shall be executed separate
from, but will reference, the following rate schedule:
NET ANNUAL RATE
(1) Facility Charge $17.82/node
plus;
(2) Usage Charge 6.64¢/kWh
plus;
(3) Energy Cost Adjustment Charge See Schedule ECA
plus;
(4) Transmission Cost Recovery Factor See Schedule TCRF
USAGE CHARGE
Billing for the Usage Charge shall be based on technical information of installed equipment provided
by licensee. This calculated consumption will be billed for each device 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.
Usage Charge = Annual kWh per device Rate per kWh
Annual Usage = 2,000 kWh per device per account (or calculated consumption based
on technical information provided by licensee)
MISCELLANEOUS
(1) Unauthorized Attachment Penalty $1,000 per attachment
(2) Undefined Work or Expense Rate pursuant to Schedule SFR
68
MAKE READY COSTS
Licensees will be required to pay for any work done or contracted by the City, including but not
limited to make ready work and any installed, used or maintained facilities in violation of the
Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay,
for identified expenses as needed before any work will begin and shall include all reasonable fully
loaded material (including any applicable overhead), labor, engineering, transportation and
administrative costs.
PAYMENT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from
date of issuance.
69
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018 %
RatesRatesIncrease
Residential Service - RES
Facility Charge $ - Single Phase8.678.670.00%
Facility Charge $ - Three Phase17.3317.330.00%
Usage Charge/cents per kWh:
Tier 1: First 600 kWh (Winter)6.846.840.00%
Tier 2: All Additional kWh (Winter)4.554.550.00%
Tier 1: All kWh (Summer)6.846.840.00%
Energy Cost Adjustment (ECA)VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Residental Renewable Energy Service Rider - RG
Facility Charge $ - Single Phase8.678.670.00%
Facility Charge $ - Three Phase17.3317.330.00%
Usage Charge/cents per kWh:
Tier 1: First 600 kWh (Winter)6.846.840.00%
Tier 2: All Additional kWh (Winter)4.554.550.00%
Tier 1: All kWh (Summer)6.846.840.00%
Renewable Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Residential Prepaid Service - RPP
Facility Charge $ - Single Phase16.0216.020.00%
Facility Charge $ - Three Phase23.64-100.00%
Usage Charge/cents per kWh:
Tier 1: First 600 kWh (Winter)6.846.840.00%
Tier 2: All Additional kWh (Winter)4.554.550.00%
Tier 1: All kWh (Summer)6.846.840.00%
Renewable Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Residential Time Of Use - RTOU
Facility Charge $ - Single Phase8.678.670.00%
Facility Charge $ - Three Phase17.3317.330.00%
Usage Charge/cents per kWh:
Tier 1: First 600 kWh (Winter)6.846.840.00%
Tier 2: All Additional kWh (Winter)4.554.550.00%
Tier 1: All kWh (Summer)6.846.840.00%
Energy Cost Adjustment (ECA)VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
General Service Small - GSS
Facility Charge $ - Single Phase16.6016.600.00%
Facility Charge $ - Three Phase22.1722.170.00%
Usage Charge/cents per kWh
Tier 1: First 2,500 kWh8.528.520.00%
Tier 2: All Aditional kWh4.464.460.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018 %
RatesRatesIncrease
General Service Medium - GSM
Facility Charge $ - Single Phase16.6016.600.00%
Facility Charge $ - Three Phase22.1722.170.00%
Demand Charge/$ per kW 4.784.780.00%
Usage Charge/cents per kWh:
Secondary Service (GM1)
Tier 1: First 6,000 kWh5.235.230.00%
Tier 2: All Additional kWh4.324.320.00%
For Primary Service (GM2)
Tier 1: First 6,000 kWh5.135.130.00%
Tier 2: All Additional kWh4.224.220.00%
For Primary Service & Ownership (GM3)
Tier 1: First 6,000 kWh4.934.930.00%
Tier 2: All Additional kWh4.024.020.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
General Service Large - GSL
Facility Charge $69.0669.060.00%
Demand Charge/$ per kVA10.8010.800.00%
Usage Charge/cents per kWh:
Secondary Service (GL1)
Tier 1: First 200,000 kWh2.452.450.00%
Tier 2: All Additional kWh1.401.400.00%
For Primary Service (GL2)
Tier 1: First 200,000 kWh2.352.350.00%
Tier 2: All Additional kWh1.301.300.00%
For Primary Service & Ownership (GL3)
Tier 1: First 200,000 kWh2.152.150.00%
Tier 2: All Additional kWh1.101.100.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
General Service Time Of Use - TGS
Facility Charge $80.5480.540.00%
Demand Charge/$ per kVA On-Peak13.7613.760.00%
Demand Charge/$ per kVA Off-Peak2.722.720.00%
Usage Charge/cents per kWh:
For Secondary Service (TG1)0.820.820.00%
For Primary Service (TG2)0.720.720.00%
For Primary Service & Ownership (TG3)0.520.520.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Local Government Service Small - G2
Facility Charge $ - Single Phase16.6616.660.00%
Facility Charge $ - Three Phase22.2422.240.00%
Usage Charge/cents per kWh7.797.790.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018 %
RatesRatesIncrease
Local Government Service - G1
Facility Charge $ - Single Phase16.6116.610.00%
Facility Charge $ - Three Phase22.1922.190.00%
Demand Charge/$ per kW8.188.180.00%
Usage Charge/cents per kWh3.703.700.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Weekend Service - WK
Facility Charge $ - Single Phase21.8721.870.00%
Facility Charge $ - Three Phase27.3427.340.00%
Demand Charge/$ per kW (First 20 kW Not Billed)7.667.660.00%
Usage Charge/cents per kWh:
Tier 1: First 2,500 kWh8.508.500.00%
Tier 2: 2,501 to 6,000 kWh4.464.460.00%
Tier 3: All Additional kWh3.283.280.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Athletic Field - AF
Facility Charge $ - Single Phase22.7522.750.00%
Facility Charge $ - Three Phase34.1134.110.00%
Demand Charge/$ per kW:
October through May (Winter)1.441.440.00%
June through September On-Peak (Summer)6.066.060.00%
June through September Off-Peak (Summer)1.441.440.00%
Usage Charge/cents per kWh:
October through May (Winter) 4.894.890.00%
June through September On-Peak (Summer)9.779.770.00%
June through September Off-Peak (Summer)4.894.890.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Street Lighting - LS
Sodium:
LSA 100 W Facility Charges 6.086.080.00%
LSB 250 W Facility Charges 8.628.620.00%
LSC 400 W Facility Charges10.8610.860.00%
LED:
LSD 100 W Facility Charges6.086.080.00%
LSE 250 W Facility Charges 8.628.620.00%
LSF 400 W Facility Charges10.8610.860.00%
ECA Charge = Monthly Bulb Wattage Factor x ECAVariableVariable
Monthly Bulb Wattage Factors:
Sodium:
100 W 48 kWh 48 kWh
250 W105 kWh105 kWh
400 W159 kWh159 kWh
LED:
100 W 25 kWh 25 kWh
250 W96 kWh96 kWh
400 W148 kWh148 kWh
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018 %
RatesRatesIncrease
Traffic Lighting - LT
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Unmetered School Zone/Crossing Flashers - UFL
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Unmetered Traffic Lighting - ULT
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Unmetered Security Camera - USC
Facility Charge $17.8217.820.00%
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Unmetered Wi-Fi Devices - UWF
Facility Charge $17.8217.820.00%
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Other Lighting - LO
LOA (unmetered lighting)
Usage Charge/cents per kWh6.646.640.00%
where Usage Charge = kWh rate x Bulb Wattage/1000 x 333 hrs
ECA Charge = Current ECA x Bulb Wattage/1000 x 333 hrs
LOB (metered lighting)
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Security Lighting - DD
Sodium:
DSA 100 W Facility Charges $9.619.610.00%
DSB 250 W Facility Charges $12.7112.710.00%
DSC 400 W Facility Charges $15.3215.320.00%
DHA 250W Metal Halide Facility Charges $14.9514.950.00%
DHB 400W Metal Halide Facility Charges $17.8217.820.00%
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
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018 %
RatesRatesIncrease
Downtown Decorative Lighting - DDL
Facility Charge $ 4.784.780.00%
ECA Charge = Current ECA x 350 kWh per Customer
Non-Standard Street Lighting - DSL
Facility Charge $ 9.189.180.00%
Usage Charge/cents per kWh:
where Usage Charge = kWh rate x Bulb Wattage Factor
DLSA 100 W Sodium Vapor6.646.640.00%
DLSB 250 W Sodium Vapor6.646.640.00%
DLSC 400 W Sodium Vapor6.646.640.00%
DLHA 250 W Metal Halide6.646.640.00%
DLHB 400 W Metal Halide6.646.640.00%
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
Material/City's Warehouse cost plus 25%25% Above Cost25% Above Cost
Administrative Fee10% of Total Costs10% of Total Costs
Temporary Service - T1
Facility Charge $ - Single Phase16.6116.610.00%
Facility Charge $ - Three Phase22.1922.190.00%
Usage Charge/cents per kWh 8.548.540.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Labor/Equipment $ per Hour - Regular TimeActual CostsActual Costs
Labor/Equipment $ per Hour - OvertimeActual CostsActual Costs
Unsalvageable Material/City's Warehouse cost plus 25%25% Above Cost25% Above Cost
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 - IWG
Facility Charge69.0669.060.00%
Demand Charge/$ per kW2.062.060.00%
Line Loss ChargeECA RateECA Rate
Stand-By ServiceGSL RateGSL Rate
Service to Customer Structures/FacilitiesActual CostsActual Costs
CITY OF DENTON ELECTRIC UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20192018 %
RatesRatesIncrease
Dark Fiber - DFR
Fiber Mileage Charge/per fiber pair/mile4004000.00%
Building Presence Charge/per location1801800.00%
Pole Attachment Fee - PAF
Annual Pole Attachment/per attachment15.5715.570.00%
On-Pole Conduit Rate/per linear foot15.5715.570.00%
In-Ground Conduit RateVariableVariable
Riser Rate/per riser1601600.00%
Miscellaneous Attachments/per misc attachment1001000.00%
Application Filing Fee/per submittal1001000.00%
Review & Inspection Fee/per pole25250.00%
Mileage Fee/per pole550.00%
Miscellaneous Analysis Fee/per pole2252250.00%
Unauthorized Attachment Penalty/per attachment per pole1,0001,0000.00%
Undefined Work/ExpenseVariableVariable
Banner Install Fee
Over the Street Banner Install/per banner1001000.00%
Pole One Time Banner Install/per banner15150.00%
Pole Seasonal Banner Install/per banner27270.00%
Wireless Node Attachments - WNA
Facility Charge $17.8217.820.00%
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
Wireless Node Unmetered - WNU
Facility Charge $17.8217.820.00%
Usage Charge/cents per kWh6.646.640.00%
Energy Cost Adjustment VariableVariable
Transmission Cost Recovery Factor (TCRF)VariableVariable
ATTACHMENT 6
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES
FOR ADMINISTRATIVE SERVICES TO CITY UTILITIES CUSTOMERS; AMENDING
THE PROVISIONS OF THE ACCOUNT CONNECTION AND RECONNECTION
CHARGES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the schedule of charges for general utility services as generally
provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton
customers and taxpayers, are established as follows:
SERVICE CHARGES AND PROCEDURES SCHEDULES
A. ACCOUNT CONNECTION AND RECONNECTION CHARGES PAGE
Meter Connection Charge 3
Meter Reconnection Process Charge 3
Unauthorized Usage Penalty 4
New Customer Application Charge 54
B. METER CHARGES
Meter Reading 5
Meter Testing 5
Meter Tampering and/or Damage Charge 75
Meter Inaccessibility Charge 68
C. MISCELLANEOUS FEES, CHARGES AND DEPOSITS
Returned Payment Charge 678
Service Deposits 79
Waiver of Service Deposits 789
Late Payment Charge Due on Delinquent Balances 9811
1
Interest Charge on Past Due Account Balance 911
Interest Earned on Contract Retainage 911
Credit Card Processing Service Fee 10911
2
ACCOUNT CONNECTION AND RECONNECTION PROCESS CHARGES
For the purposes of this rate schedule, business hours shall be defined as Monday through
Friday, 8:00 AM to 5:00 PM.
METER CONNECTION CHARGE
APPLICATION
Applicable when a customer requests service on a first time basis where no permanent service
previously existed and where a new account number is established or, when a customer requests
service at an address which has existing or previous service, with an existing account number
and history, and the electric and/or water meter must be installed or activated for readiness. A
-Stathat does not have the ability and/or
capability to integrate with the AMI meter reading system. Examples would be older mechanical
meters, solid state meters without an AMI module and one-way RF transmit meters. Non-
Standard Electric Meters have to be read manually.
NEW SERVICE CHARGES
All Meters except for Non-Standard Electric Meter
First Service Requested $23.00
First Service Requested, guaranteed $61.00$30.00
same day service
(In addition to first service requested)
First Service Requested, after $61.00
business hours
Non-Standard Electric Meter
First Service Requested $131.00
First Service Requested, guaranteed $176.00
same day service
First Service Requested, after $176.00
business hours
METER RECONNECTION PROCESS CHARGE
APPLICATION
3
DELINQUENT AND RECONNECT CHARGES
Electric Residential Delinquent Service Fee $2346.00
(When service is disconnected at the electric meter socket or water meter or the water
meter)
Electric Commercial Delinquent Service Fee $46.00
(When service is disconnected at the electric meter socket or water meter)
Water Only Delinquent Service Fee $46.00
(When service is disconnected at the water meter)
Delinquent Service Fee $168.00
(When a service truck is required or the water meter has been removed)
Electric Residential Reconnect Charge, guaranteed same day service $3061.00
(In addition to delinquent service fees)
Electric Commercial Reconnect Charge, guaranteed same day service $61.00
(In addition to delinquent service fees)
Water Only Reconnect Charge, guaranteed same day service $61.00
(In addition to delinquent service fees)
Reconnect Charge, guaranteed same day service $231.00
(When a service truck is required required or the water meter has been removed)
or the water meter has been removed)
When more than one trip, within twenty-
service, a Return Trip Charge, in addition to the Reconnection Charge, shall be applied for each
additional trip.
Return Trip Charge during business hours $23.00
Return Trip Charge after business hours $61.00
UNAUTHORIZED USAGE PENALTY
APPLICATION
Applicable to any customer that fails to request connection of services within 24 hours of
occupancy in a new service location.
CHARGE
Unauthorized Usage Penalty $30.00
4
NEW CUSTOMER APPLICATION FEE
APPLICATION
Applicable when a customer requests new service or is added to an existing account and provides
Social Security or Tax ID information to verify identity and credit history.
CHARGE
New Residential Customer Application Charge - per person $3.00
New Commercial Customer Application Charge $16.00
5
METER CHARGES
METER READING
APPLICATION
Additional Meter Reading Fee is applicable to any electric or water utility customer who requests
a reading of a city meter due to a contested billing more than twice in the previous twelve (12)
months, and no error is found. Manual reading fee is applicable to any electric customer who
requests a Non-Standard Electric Meter. -
that does not have the ability and/or capability to integrate with the AMI meter reading system.
Examples would be older mechanical meters, solid state meters without an AMI module and
one-way RF transmit meters; these meters have to be read manually.
CHARGE
Per Additional Reading $46.00
Manual Reading of Non-Standard Electric Meter $30.00 per each billing cycle
METER TESTING
APPLICATION
Applicable to any customer who requests the testing of a city meter previously tested within the
past four (4) years and the meter is found to be within accuracy standards.
CHARGE
Per Test $62.00/KWH Electric Meter
$93.00/KW/KWH Electric Meter
$93.00 Water Meter
6
ACCURACY STANDARDS
A meter is defined as within accuracy standards when found to be plus or minus two percent
(2%) or less.
METER TAMPERING AND/OR DAMAGE CHARGE
APPLICATION
Applicable to any person that tampers with, damages, or illegally connects to a city electric,
water, or wastewater utility system.
7
CHARGE
Per Event $310.00 minimum per electric connection per
system
Per Event $200.00 minimum per water connection per system
METER INACCESSIBILITY CHARGE
APPLICATION
Applicable to any customer who prevents the regular and routine reading, maintenance, repair or
removal of any city meter due to inaccessibility of the meter.
CHARGE
Per event $46.00
MISCELLANEOUS FEES, CHARGES, AND DEPOSITS
RETURNED PAYMENT CHARGE
APPLICATION
App
and returned to the City of Denton unpaid.
CHARGE
Per Check $27.00
SERVICE DEPOSITS
APPLICATION
Applicable when a residential customer requests utility service in the City of Denton service area
and does not have twelve (12) months of good credit standing with the City of Denton or
demonstrates a passing credit rating through an external credit reporting agency.
Applicable when a commercial customer does not have twenty-four (24) months of good credit
standing with the City of Denton or demonstrates a passing credit rating through an external
credit reporting agency. Not applicable when a commercial customer provides an irrevocable
letter of credit to the City of Denton as security for payment.
8
CHARGE
Residential Customer An amount up to 1/6 of the last 12 months of
billing at the service location. If utility
service is disconnected for non-payment or
the account is consistently past due, then the
customer will be required to pay a deposit
sum up to 1/6 of the last 12 months of
billing at the service location.
Commercial Customer An amount up to 1/6 of the last 12 months of
billing at the service location. If utility
service is disconnected for non-payment or
the account is consistently past due, then the
customer will be required to pay a deposit
sum up to 1/6 of the last 12 months of
billing at the service location.
Deposits will earn interest for the customer. The applicable rate of interest will be adjusted
semi-annually to equal the rate of a one-year United States Treasury Note on October 1 and April
1 of each year. If refund of deposit is made within thirty (30) days of receipt of deposit, no
interest payment will be made. If the City retains the deposit more than thirty (30) days,
payment of interest, at the current rate, shall be made retroactive to the date the deposit was
paid.Payment of the interest to the customer shall be made at the time the deposit is returned or
The deposit shall cease to earn interest on the date it is
WAIVER OF SERVICE DEPOSITS
For purposes of the exemptions from deposit, acceptable credit rating shall mean a credit
rating which is based upon a commonly used formula or a formula approved by the City Council.
Residential exemption from deposit. No service deposit will be required of an applicant for
residential utility service if the applicant can provide and qualify for one (1) of the following:
(1) The applicant has an acceptable credit rating for twelve (12) consecutive months
within the last two (2) years with the city utility system.
(2) The customer receives an acceptable credit rating from a credit source available to
the city. The customer must pay the cost of obtaining the credit rating. This cost will be
set annually within the utility rate ordinance, but will not exceed one hundred dollars
($100.00).
(3) Customers with little credit history or a fair credit rating may be allowed to provide
one of the following alternatives in lieu of deposit:
9
a. A signed letter of good standing for utility services from a former utility
company for verification within twenty (20) days of applying for service;
or
b. The applicant provides a cosigner who accepts responsibility and is
verified to have an acceptable credit rating with the city utility system, and
who is willing to be
of the applicant's utility bills. This guarantee will be in effect until the
applicant develops an acceptable credit rating and the cosigner requests
removal from the account.
(4) Customer is participating in a verifiable permanent supportive or rapid rehousing
program and provides a dated and completed certification letter upon applying for utility
services.
(5) Customer has been qualified as a Victim of Family Violence and provides a dated
and completed certification letter upon application for utility services. Applicable when
ified as a
provided by one of the certifying entities to the Utilities Customer Service Department. If
a proper, dated and completed certification letter is presented by or on behalf of the
Applicant to the Utilities Customer Service Department, and its issuance is verified by
the Utilities Customer Service Department, then the requirement of a utility deposit shall
be waived for that Applicant. This provision is appli
(6) Customer signs up for auto pay and maintains an acceptable credit rating for twelve
(12) consecutive months.
Commercial exemption from deposit. An applicant for utility service for a commercial or
industrial entity or business may not be required to make a deposit if the applicant:
(1) Provides the city an acceptable commercial/industrial credit rating for the last
twenty-four (24) months the customer received service from the city utility system; or
(2) The customer receives an acceptable credit rating from a credit source available to
the city. The customer must pay the cost of obtaining the credit rating. This cost will be
set annually within the utility rate ordinance, but will not exceed one hundred dollars
($100.00).
(3) If the credit of a commercial/industrial customer for service has not been established
satisfactorily to the city, the applicant may provide an irrevocable letter of credit in lieu
of a deposit within twenty (20) days of signing for service. The irrevocable letter of credit
must be executed by a Texas bank and must be approved by the city manager and city
attorney. The customer must maintain the irrevocable letter of credit in effect at all times.
10
If the customer allows the irrevocable letter of credit to expire, the customer shall pay a
deposit in the amount provided as listed above, or the city may terminate utility service.
LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES
APPLICATION
To cover a portion of the administrative costs of collecting past due balances, a late payment
charge shall be assessed on the fifth business day following the due date. Late payment charges
will not continue to be assessed once an account is closed.
CHARGE $20.00 late payment charge
INTEREST CHARGE ON PAST DUE ACCOUNT BALANCE
APPLICATION
Interest shall be assessed on any on any past due account balance (excluding late payment
Interest
charges will not continue to be assessed once an account is closed. The interest provided for and
statement..
CHARGE 1% / month on all past due charges and account balances
calculation.**
**Under no circumstances shall the interest charge provided for herein exceed the legal rate of interest. To the extent that it
does so, the charge is inadvertent, and the City intends only to assess, charge and collect such interest rate that does not exceed
the highest lawful rate.
INTEREST EARNED ON CONTRACT RETAINAGE
Contract retainage will earn interest for the contractor as provided by TEX. REV. CIV. STAT.
ANN. Article 6252, Sec.5b (Vernon Supp. 1992). The rate of interest will be adjusted semi-
annually to equal the interest rate of a one year United States Treasury Note on October 1 and
April 1 of each year. Payment of the interest shall be made at the time the retainage is paid to the
contractor.
CREDIT CARD PROCESSING SERVICE FEE
11
APPLICATION
Applicable when a non-residential customer remits payment for fees, fines, court costs, taxes,
payment processing vendor after the customer has confirmed the payment amount and authorized
the fee.
CHARGE
Per Payment Transaction 2.7% of the payment amount remitted using the non-
SECTION 2. Ordinance No. 2015-295 and Ordinance No. 2016-276 are repealed.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective, charged, and applied to all
services occurring on and after OctoberFebruary 16, 2018; and a copy of said fees and charges
shall be maintained on file in the Office of the City Secretary of Denton, Texas.
PASSED AND APPROVED this the _______ day of _______________________,2018.
_________________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By: ___________________________________
12
13
ATTACHMENT 7
332 E. Hickory St., Denton, TX 76201 (940) 349-8840
City of Denton Fire Department
Memorandum
Date: August 28, 2018
To: Antonio Puente, Director of Finance
From: Christine Taylor, Fire Administration Manager
Subject: Fee Schedule Changes __________________
As part of the annual budget process the Fire Department is recommending the following
revisions to the schedule of fees.
Removal of Medications: The following medications are no longer part of
Emergency Medical Services (EMS) Protocol as directed by the Medical Director.
Dopamine $8.86 per dose
Lidocaine in dextrose $7.92 per dose
Lorazepam $8.50 per dose
Addition of Medications: The following medications have been approved for use as part of
the departments Emergency Medical Services Protocol as directed by the Medical Director.
Acetaminophen Elixer $3.44 per dose
Amiodarone $1.80 per dose
Calcium Gluconate $14.75 per dose
Diltiazem $5.20 per dose
Fentanyl $ 2.07 per dose
Ketamine $18.49 per dose
Labetalol $14.37 per dose
Metoclopramide $1.54 per dose
Nitro Single Dose Packet-GoNitro $6.27 per dose
Ondansetron tablet $0.37 per dose
Racemic Epinephrine $2.00 per dose
www.cityofdenton.com
Rocuronium $9.45 per dose
Solu-Medrol $10.93 per dose
Tranexamic Acid $64.04 per dose
Price Adjustment of Medications: Current medication pricing was last updated in 2010, the
adjustments reflect the current contracted drug price plus 5% per dose.
Adenocard Syringe from $59.04 to $14.10
Alcaine from $7.20 to $8.93
Amidate from $34.56 to $9.70
Anectine from $6.05 to $28.57
Aspirin Children's Chewable from $1.18 to $0.46
Atropine from $3.56 to $10.70
Dextrose 25% from $4.02 to $9.70
Dextrose 50% from $7.27 to $7.73
Diphenhydramine from $1.81 to $2.03
Epinephrine 1:1000 from $1.77 to $4.90
Epinephrine 1:10000 from $3.61 to $6.22
Furosemide from $3.53 to $10.12
Glucagon from $182.85 to $207.87
Haloperidol lactate from $2.02 to $8.05
Hydromorphone from $3.31 to $2.48
Insta-Glutose from $4.61 to $1.92
Ipratropium bromide/Albuterol from $0.75 to $0.38
Lidocaine Luer Jet from $3.46 to $5.24
Lidocaine Jelly from $6.05 to $5.78
Magnesium Sulfate from $0.82 to $3.83
Midazolam from $8.35 to $2.30
Morphine sulfate from $7.34 to $2.62
Naloxone from $20.16 to $39.84
Nitro spray Metered dose from $2.16 to $1.81
Ondansetron Vial from $1.58 to $1.88
Promethazine from $5.18 to $1.62
Sodium bicarbonate from $3.92 to $11.99
Thiamine from $18.79 to $12.88
Vecuronium from $6.19 to $19.94
Removal of Emergency Medical Services Procedures: A review of EMS procedures
determined the following services are tools for treatment and transport decisions. If a patient is
treated or transported as result of monitoring all applicable fees apply.
Blood Glucose Testing $45.64
EKG Monitoring $36.75
A review of EMS protocols reflected the EMS extra attendant fee is no longer applicable.
Extra attendant fee $150.00
www.cityofdenton.com
Emergency Medical Service Standby Fees: Paramedic standby at special events such as
football games, rodeos, concerts, etc.
Paramedic Standby $60.00 per hour
Billing begins thirty (30) minutes prior to the event start time and ends thirty (30) minutes
after the actual event ending time. Any request for an Emergency Ambulance Standby must
be pre-approved by the EMS Battalion Chief at least seventy-two (72) hours prior to the
event.
st
Fire Training Facility Fees: The new Fire Training Facility will open October 1, 2018 for
outside entity use.
Tower rental, half day (4 hours) without live burn $300.00
Tower rental, full day (8 hours) without live burn $600.00
Tower rental, half day (4 hours) with Class B live burn $700.00
Tower rental, full day (8 hours) with Class B live burn $1,400.00
Class A live burn at training facility, half day (4 hours) $700.00
Class A live burn at training facility, full day (8 hours) $1,400.00
Roof Prop without oriented strand board sheets (OSB), half day (4 hours) $250.00
Roof Prop with ten OSB sheets supplied, half day (4 hours) $500.00
Additional sheet of OSB $15.00 per sheet
Propane Prop, half day (4 hours) $300.00
Propane Prop, full day (8 hours) $600.00
Self-Contained Breathing Apparatus Course, half day (4 hours) $250.00
Christine Taylor
Fire Administration Manager
www.cityofdenton.com
FIRE DEPARTMENT FEES
General Fund
2018
Effective October 1, 2017
Emergency Medical Services (EMS)
EMS ProceduresFY 2017-18FY 2018-19
Advanced Life Support (ALS) 1 Emergency Base Rate 855.00$ 855.00$
ALS 2 Emergency Base Rate900.00$ 900.00$
ALS Supplies- Intubation 100.00$ 100.00$
ALS Supplies- IO Infusion 262.25$ 262.25$
ALS Supplies-Surgical Airway 314.75$ 314.75$
Basic Life Support (BLS)Base Rate787.00$ 787.00$
Blood Glucose Testing$45.64$ -
EKG Monitoring$36.75$ -
EKG Interpretation $ 260.00260.00$
Extra Attendant$150.00$ -
IV-Administration / Therapy 258.00$ 258.00$
Medical Records Request $ 40.0040.00$
Oxygen Administration & Supplies 119.00$ 119.00$
Transport Mileage per mile15.00$ 15.00$
Treatment/ No Transportation ALS 200.00$ 200.00$
Treatment/ No Transportation BLS 100.00$ 100.00$
EMS MedicationsFY 2017-18FY 2018-19
Acetaminophen Elixer 160 mg/5ml $ -$ 3.44
$$ 14.10
Adenocard 6 MG/2ML ANSYR Syringe59.04
Alcaine 15 ML $7.20$ 8.93
Amidate 40 MG 20 ML $34.56$ 9.70
Amiodarone 150mg, 3ml vial$ -$ 1.80
Anectine (Succinylcholine) 200 MG$6.05$ 28.57
Aspirin Children's Chewable 81 MG $1.18$ 0.46
Atropine 1MG 10ML $3.56$ 10.70
Calcium Gluconate, 100 mg/ml, 10 ml$ -$ 14.75
Dextrose 25% 10ML Pre Filled Syringe$4.02$ 9.70
Dextrose 50% 25GM 50ML $7.27$ 7.73
Diltiazem 25 mg, 5 ml vial$ -$ 5.20
Diphenhydramine 50 MG $1.81$ 2.03
Dopamine 400 MG/D5W 250Ml $8.86$ -
Epinephrine 1:1000 1 ML AMPULE $1.77$4.90
Epinephrine 1:10000 1MG 10ML $3.61$ 6.22
Fentanyl$ -$ 2.07
Furosemide 40MG 4ML $3.53$ 10.12
Glucagon 1 MG Lilly Kit Red Box $182.85$ 207.87
Haloperidol lactate 5MG/ML 1ML$2.02$ 8.05
Hydromorphone 2MG$3.31$ 2.48
Insta-Glutose 31GM 15GM$4.61$ 1.92
Ipratropium bromide 0.5Mg/Albuterol 3.0MG
$0.75$ 0.38
Page 1 of 4
FIRE DEPARTMENT FEES
General Fund
2018
Effective October 1, 2017
EMS MedicationsFY 2017-18FY 2018-19
Ketamine 50mg/ml, 10 ml vial$ -$ 18.49
Labetalol 100 mg, 20 ml vial$ -$ 14.37
Lidocaine 2% 100MG 5ML Luer Jet $3.46$ 5.24
Lidocaine 2% 5ML Jelly $6.05$ 5.78
Lidocaine in dextrose 5% 250ML Bag$7.92$ -
Lorazepam 2MG $8.50$ -
Magnesium Sulfate 1GM 2ml 5GM, 10ml$0.82$ 3.83
Metoclopramide 5mg/ml, 2ml-$ $ 1.54
Midazolam 1 Mg/ML$8.35$ 2.42
Morphine sulfate $7.34$ 2.75
Naloxone 2MG 2ML $20.16$ 39.84
Nitro Single Dose Packet-GoNitro .4MG$ -$ 6.27
Nitro spray 90 0.4 MG Metered Dose $2.16$ 1.81
Ondansetron 4MG 2ML Vial $1.58$ 1.88
Ondansetron ODT 4mg tablet$ -$ 0.37
Promethazine 25MG $5.18$ 1.62
Racemic Epinephrine .5ml$ -$ 2.00
Rocuronium 10MG/ML, 10ML Vial $ -$ 9.45
Sodium bicarbonate 8.4% 50ML $3.92$ 11.99
Solu-Medrol 125mg, 2ml$ -$ 10.93
Thiamine 100Mg/ML 2ML$18.79$ 12.88
Tranexamic Acid 100 mg/ml, 10 ml vial$ -$ 64.04
Vecuronium 10 ML $6.19$ 19.94
Emergency StandbyFY 2017-18FY 2018-19
Ambulance Standby$ 150.00150.00$
TheCityshallchargeanEmergencyAmbulanceStandbyfeeof$150.00perhourwithafour
hourminimumforeachuseofanyCityofDentonemergencyparamedicforstandbyat
specialeventssuchasfootballgames,rodeos,concertsetc.Ifanypatientistransported,other
applicablefeessetforthinthisordinanceshallbechargedtothepatientasincurred.Billing
beginsthirty(30)minutespriortothescheduledeventstarttimeandendsthirty(30)minutes
aftertheactualeventendingtime.AnyrequestforanEmergencyAmbulanceStandbymust
bepre-approvedbytheEMSBattalionChiefatleastseventy-two(72)hourspriortothestart
of the event.
Paramedic Standby $ -$ 60.00
The City shall charge an Emergency Paramedic Standby fee of $60.00 per hour
for each use of any City of Denton emergency paramedic for standby at special events such as
football games, rodeos, concerts etc. If any patient is transported, other applicable fees set
forth in this ordinance shall be charged to the patient as incurred. Billing begins thirty (30)
minutes prior to the scheduled event start time and ends thirty (30) minutes after the actual
event ending time. Any request for a Paramedic Standby has to be pre-approved by the EMS
Battalion Chief at least seventy-two (72) hours prior to the start of the event.
Medical Assistance provided to non-emergency ambulance providers operating within the
City of Denton, or the departments jurisdiction.
$ 150.00150.00$
Page 2 of 4
FIRE DEPARTMENT FEES
General Fund
2018
Effective October 1, 2017
Fire Prevention
InspectionsFY 2018-19 Rate
Hood (per system)$ 35.0035.00$
Fire Alarm (per alarm panel)35.00$ 35.00$
Sprinkler (per each sprinkler riser)35.00$ 35.00$
Fire Pump (per pump)$ 35.0035.00$
Reinspection Fee 1 to 3,00025.00$ 25.00$
Reinspection Fee 3,001 to 24,00050.00$ 50.00$
Reinspection Fee 24,001 to 100,000100.00$ 100.00$
Reinspection Fee over 100,000100.00$ 100.00$
Second Follow Up Reinspection Fee 1 to 3,00050.00$ 50.00$
Second Follow Up Reinspection Fee 3,001 to 24,000100.00$ 100.00$
Second Follow Up Reinspection Fee 24,001 to 100,000200.00$ 200.00$
Second Follow Up Reinspection Fee over 100,000200.00$ 200.00$
False Alarm Calls$ 75.0075.00$
Operational Permits FY 2018-19 Rate
Aerosol Products$ 200.00200.00$
Amusement Building$ 200.00200.00$
Aviation Facilities$ 200.00200.00$
Burn$ 100.00100.00$
Carnival and Fair $ 200.00200.00$
Combustible Dust-Producing Operations200.00$ 200.00$
Combustible Fibers$ 200.00200.00$
Compressed Gas$ 200.00200.00$
Covered and Open Mall Buildings200.00$ 200.00$
Cryogenic Fluids$ 200.00200.00$
Cutting and Welding$ 200.00200.00$
Dry Cleaning$ 200.00200.00$
Exhibits and Trade Shows 200.00$ 200.00$
Explosive$ 200.00200.00$
Fire Hydrant and Valves$ 200.00200.00$
Flammable and Combustible Liquids 200.00$ 200.00$
Floor Finishing$ 200.00200.00$
Fruit and Crop Ripening$ 200.00200.00$
Fummigation and Insecticidal Fogging200.00$ 200.00$
Gas and Oil Wells $ 200.00200.00$
Hazardous Materials$ 200.00200.00$
High-Piled Storage$ 200.00200.00$
Hot Works $ 200.00200.00$
HPM Facilities$ 200.00200.00$
Industrial Ovens$ 200.00200.00$
Liquid or Gas-Fueled Vehicles or Equipment in Assembly Building200.00$ 200.00$
LP Gas$ 200.00200.00$
Lumber Yards and Working Plants200.00$ 200.00$
Magnesium$ 200.00200.00$
Page 3 of 4
FIRE DEPARTMENT FEES
General Fund
2018
Effective October 1, 2017
Fire Prevention
Operational Permits FY 2018-19 Rate
Miscellaneous Combustible Storage200.00$ 200.00$
Open Buring Residential$ 100.00100.00$
Open Burning $ 200.00200.00$
Open Flames and Candles200.00$ 200.00$
Open Flames and Torches200.00$ 200.00$
Organic Coating$ 200.00200.00$
Places of Assembly $ 200.00200.00$
Private Fire Hydrant $ 200.00200.00$
Pyrotechnic Special Effects Material200.00$ 200.00$
Reinspection fee for each operational permit25.00$ 25.00$
Spraying or Dipping$ 200.00200.00$
Temporary Membrane Structures, Tents, Canopies35.00$ 35.00$
Construction Permits FY 2018-19 Rate
Automatic Fire Extinguishing System200.00$ 200.00$
Battery System$ 200.00200.00$
Compressed Gases$ 200.00200.00$
Cryogenic Fluids$ 200.00200.00$
Emergency Responder Radio Coverage System200.00$ 200.00$
Fire Alarm and Detection System200.00$ 200.00$
Fire Pumps and Related Equipment200.00$ 200.00$
Flammable and Combustible Liquids200.00$ 200.00$
Hazardous Materials$ 200.00200.00$
Industrial Ovens$ 200.00200.00$
LP-Gas$ 200.00200.00$
Private Fire Hydrant $ 200.00200.00$
Reinspection fee for each construction permit25.00$ 25.00$
Spraying or Dipping$ 200.00200.00$
Standpipe Systems$ 200.00200.00$
$
Temporary Membrane Structures and Tents35.00$ 35.00
Fire Operations
Training FacilityFY 2017-18FY 2018-19
Tower rental, half day (4 hours) without live burn$ -$ 300.00
Tower rental, full day (8 hours) without live burn $ -$ 600.00
Tower rental, half day (4 hours) with Class B live burn $ -$ 700.00
Tower rental, full day (8 hours) with Class B live burn$ -$ 1,400.00
Class A live burn at training facility, half day (4 hours) $ -$ 700.00
Class A live burn at training facility, full day (8 hours) $ -$ 1,400.00
Roof Prop without oriented strand board (OSB), half day (4 hours)
$ -$ 250.00
Roof Prop with OSB supplied, half day (4 hours) $ -$ 500.00
Additional OSB per sheet$ -$ 15.00
Propane Prop, half day (4 hours)$ -$ 300.00
Propane Prop, full day (8 hours)$ -$ 600.00
Self-Contained Breathing Apparatus Course, half day (4 hours)$ -$ 250.00
TrainingFY 2017-18FY 2018-19
Cardiopulmonary Resuscitation (CPR) 50.00$ 50.00$
Page 4 of 4
Exhibit A
FIRE DEPARTMENT FEES
General Fund
Effective October 1, 2018
Emergency Medical Services (EMS)
EMS ProceduresFY 2018-19 Rate
Advanced Life Support (ALS) 1 Emergency Base Rate 855.00$
ALS 2 Emergency Base Rate$ 900.00
ALS Supplies- Intubation $ 100.00
ALS Supplies- IO Infusion $ 262.25
ALS Supplies-Surgical Airway $ 314.75
Basic Life Support (BLS)Base Rate$ 787.00
EKG Interpretation $ 260.00
IV-Administration / Therapy $ 258.00
Medical Records Request $ 40.00
Oxygen Administration & Supplies $ 119.00
Transport Mileage per mile$ 15.00
Treatment/ No Transportation ALS $ 200.00
Treatment/ No Transportation BLS $ 100.00
EMS MedicationsFY 2018-19 Rate
Acetaminophen Elixer 160 mg/5ml $ 3.44
Adenocard 6 MG/2ML ANSYR Syringe$ 14.10
Alcaine 15 ML $ 8.93
Amidate 40 MG 20 ML $ 9.70
Amiodarone 150mg, 3ml vial$ 1.80
Anectine (Succinylcholine) 200 MG$ 28.57
Aspirin Children's Chewable 81 MG $ 0.46
Atropine 1MG 10ML $ 10.70
Calcium Gluconate, 100 mg/ml, 10 ml$ 14.75
Dextrose 25% 10ML Pre Filled Syringe$ 9.70
Dextrose 50% 25GM 50ML $ 7.73
Diltiazem 25 mg, 5 ml vial$ 5.20
Diphenhydramine 50 MG $ 2.03
Epinephrine 1:1000 1 ML AMPULE $4.90
Epinephrine 1:10000 1MG 10ML $ 6.22
Fentanyl$ 2.07
Furosemide 40MG 4ML $ 10.12
Glucagon 1 MG Lilly Kit Red Box $ 207.87
Haloperidol lactate 5MG/ML 1ML$ 8.05
Hydromorphone 2MG$ 2.48
Insta-Glutose 31GM 15GM$ 1.92
Ipratropium bromide 0.5Mg/Albuterol 3.0MG
$ 0.38
Њ
Exhibit A
FIRE DEPARTMENT FEES
General Fund
Effective October 1, 2018
EMS MedicationsFY 2018-19 Rate
Ketamine 50mg/ml, 10 ml vial$ 18.49
Labetalol 100 mg, 20 ml vial$ 14.37
Lidocaine 2% 100MG 5ML Luer Jet $ 5.24
Lidocaine 2% 5ML Jelly $ 5.78
Magnesium Sulfate 1GM 2ml 5GM, 10ml$ 3.83
Metoclopramide 5mg/ml, 2ml$ 1.54
Midazolam 1 Mg/ML$ 2.42
Morphine sulfate $ 2.75
Naloxone 2MG 2ML $ 39.84
Nitro Single Dose Packet-GoNitro .4MG$ 6.27
Nitro spray 90 0.4 MG Metered Dose $ 1.81
Ondansetron 4MG 2ML Vial $ 1.88
Ondansetron ODT 4mg tablet$ 0.37
Promethazine 25MG $ 1.62
Racemic Epinephrine .5ml$ 2.00
Rocuronium 10MG/ML, 10ML Vial $ 9.45
Sodium bicarbonate 8.4% 50ML $ 11.99
Solu-Medrol 125mg, 2ml$ 10.93
Thiamine 100Mg/ML 2ML$ 12.88
Tranexamic Acid 100 mg/ml, 10 ml vial$ 64.04
Vecuronium 10 ML $ 19.94
Emergency StandbyFY 2018-19 Rate
Ambulance Standby$ 150.00
TheCityshallchargeanEmergencyAmbulanceStandbyfeeof$150.00perhourwithafourhour
minimumforeachuseofanyCityofDentonemergencyparamedicforstandbyatspecialevents
suchasfootballgames,rodeos,concertsetc.Ifanypatientistransported,otherapplicablefeesset
forthinthisordinanceshallbechargedtothepatientasincurred.Billingbeginsthirty(30)
minutespriortothescheduledeventstarttimeandendsthirty(30)minutesaftertheactualevent
endingtime.AnyrequestforanEmergencyAmbulanceStandbymustbepre-approvedbythe
EMS Battalion Chief at least seventy-two (72) hours prior to the start of the event.
Paramedic Standby $ 60.00
The City shall charge an Emergency Paramedic Standby fee of $60.00 per hour for each use of
any City of Denton emergency paramedic for standby at special events such as football games,
rodeos, concerts etc. If any patient is transported, other applicable fees set forth in this ordinance
shall be charged to the patient as incurred. Billing begins thirty (30) minutes prior to the scheduled
event start time and ends thirty (30) minutes after the actual event ending time. Any request for a
Paramedic Standby has to be pre-approved by the EMS Battalion Chief at least seventy-two (72)
hours prior to the start of the event.
Medical Assistance $ 150.00
Ћ
Exhibit A
FIRE DEPARTMENT FEES
General Fund
Effective October 1, 2018
Fire Prevention
InspectionsFY 2018-19 Rate
Hood (per system)$ 35.00
Fire Alarm (per alarm panel)$ 35.00
Sprinkler (per each sprinkler riser)$ 35.00
Fire Pump (per pump)$ 35.00
Reinspection Fee 1 to 3,000$ 25.00
Reinspection Fee 3,001 to 24,000$ 50.00
Reinspection Fee 24,001 to 100,000$ 100.00
Reinspection Fee over 100,000$ 100.00
Second Follow Up Reinspection Fee 1 to 3,000$ 50.00
Second Follow Up Reinspection Fee 3,001 to 24,000100.00$
Second Follow Up Reinspection Fee 24,001 to 100,000200.00$
Second Follow Up Reinspection Fee over 100,000$ 200.00
False Alarm Calls$ 75.00
Operational Permits FY 2018-19 Rate
Aerosol Products$ 200.00
Amusement Building$ 200.00
Aviation Facilities$ 200.00
Burn$ 100.00
Carnival and Fair $ 200.00
Combustible Dust-Producing Operations$ 200.00
Combustible Fibers$ 200.00
Compressed Gas$ 200.00
Covered and Open Mall Buildings$ 200.00
Cryogenic Fluids$ 200.00
Cutting and Welding$ 200.00
Dry Cleaning$ 200.00
Exhibits and Trade Shows $ 200.00
Explosive$ 200.00
Fire Hydrant and Valves$ 200.00
Flammable and Combustible Liquids $ 200.00
Floor Finishing$ 200.00
Fruit and Crop Ripening$ 200.00
Fummigation and Insecticidal Fogging$ 200.00
Gas and Oil Wells $ 200.00
Hazardous Materials$ 200.00
High-Piled Storage$ 200.00
Hot Works $ 200.00
HPM Facilities$ 200.00
Industrial Ovens$ 200.00
Liquid or Gas-Fueled Vehicles or Equipment in Assembly Building200.00$
LP Gas$ 200.00
Lumber Yards and Working Plants$ 200.00
Magnesium$ 200.00
Ќ
Exhibit A
FIRE DEPARTMENT FEES
General Fund
Effective October 1, 2018
Fire Prevention
Operational Permits FY 2018-19 Rate
Miscellaneous Combustible Storage$ 200.00
Open Buring Residential$ 100.00
Open Burning $ 200.00
Open Flames and Candles$ 200.00
Open Flames and Torches$ 200.00
Organic Coating$ 200.00
Places of Assembly $ 200.00
Private Fire Hydrant $ 200.00
Pyrotechnic Special Effects Material$ 200.00
Reinspection fee for each operational permit$ 25.00
Spraying or Dipping$ 200.00
Temporary Membrane Structures, Tents, Canopies$ 35.00
Construction Permits FY 2018-19 Rate
Automatic Fire Extinguishing System$ 200.00
Battery System$ 200.00
Compressed Gases$ 200.00
Cryogenic Fluids$ 200.00
Emergency Responder Radio Coverage System$ 200.00
Fire Alarm and Detection System$ 200.00
Fire Pumps and Related Equipment$ 200.00
Flammable and Combustible Liquids$ 200.00
Hazardous Materials$ 200.00
Industrial Ovens$ 200.00
LP-Gas$ 200.00
Private Fire Hydrant $ 200.00
Reinspection fee for each construction permit$ 25.00
Spraying or Dipping$ 200.00
Standpipe Systems$ 200.00
Temporary Membrane Structures and Tents$ 35.00
Fire Operations
Training FacilityFY 2018-19
Tower rental, half day (4 hours) without live burn$ 300.00
Tower rental, full day (8 hours) without live burn $ 600.00
Tower rental, half day (4 hours) with Class B live burn 700.00$
Tower rental, full day (8 hours) with Class B live burn 1,400.00$
Class A live burn at training facility, half day (4 hours) 700.00$
Class A live burn at training facility, full day (8 hours) 1,400.00$
Roof Prop without oriented strand board (OSB), half day (4 hours)
$ 250.00
Roof Prop with OSB supplied, half day (4 hours) $ 500.00
Additional OSB per sheet$ 15.00
Propane Prop, half day (4 hours)$ 300.00
Propane Prop, full day (8 hours)$ 600.00
Self-Contained Breathing Apparatus Course, half day (4 hours)250.00$
TrainingFY 2018-19
Cardiopulmonary Resuscitation (CPR) $ 50.00
Ѝ
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1360,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the process for prioritizing and adding
items to the Work Session Reports portion of the City Council Agenda.
City of DentonPage 1 of 1Printed on 8/24/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:
CM: Todd Hileman
DATE: August 28, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the process for prioritizing and adding
items to the Work Session Reports portion of the City Council agenda.
BACKGROUND
As Denton continues to grow, and the issues faced by the City become more complex, the volume of items
requested for future work sessions has increased. Staff is currently managing a list of 44 known work session
topics that includes a combination of presentations requested by staff that are necessary for administrative
purposes and requests from the elected officials. Each week, the list of requested work session items
increases. Staff makes a concerted effort to limit the number of presentation topics covered per meeting
while also attempting to address the approximately three to four month backlog of requested work session
items.
Currently, the Concluding Items portion of each Council meeting is the primary method used for elected
officials to request future work session topics. This process does not provide an opportunity for elected
officials to vet work session requests and provide priority direction on those items to staff.
Many larger municipalities have a mechanism in place to ensure there is consensus from the governing
body regarding the addition of future work session items. Staff recommends that the City Council designate
one work session per month as a strategic priority session. This session will be used to discuss and prioritize
future work session topics requested by Council. Items discussed during each strategic priority session will
require the consensus of four elected officials in order to be placed on a future agenda.
Staff is seeking direction from the City Council regarding how to prioritize and manage the volume of work
session requests.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Organizational Excellence
EXHIBITS
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Presentation
Respectfully submitted:
Bryan Langley
Deputy City Manager
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1362,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding recent and planned changes to the
development process to enhance efficiency and customer service.
City of DentonPage 1 of 1Printed on 8/24/2018
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Department of Development Services
CM:Todd Hileman
DATE:August 28, 2018
SUBJECT
BACKGROUND
Related Key Focus Area: Economic Development
Related Goal:3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
DAYS
DAYS
BUSINESS DAYS IN REVIEW
LAND USE BASICS
by
Barbara L. Quirk
BROWN & CARLS, L.L.P.
106 East Sixth Street, Suite 550
Austin, Texas 78701
Phone: (512)472-4845
Facsimile: (512)472-8403
bquirk@brown-carls.com
Prepared for:
The Texas City Attorney’s Association’s
Seventh Annual
Riley Fletcher Basic Municipal Law Seminar
February 24, 2006
Texas Tech University School of Law - Lubbock
BARBARA L. QUIRK practices law in Austin, San Antonio, and across Texas,
specializing in the areas of local government law, land use, and civil litigation in state and
federal courts, at both the trial and appellate levels. She has experience in legal matters
involving planning and zoning, regulations and permits, fair housing, sexually-oriented
businesses, RLUIPA, takings and various other land use issues, constitutional claims,
labor law, as well as tort claims. Ms. Quirk was a contributing editor for the 2005 update to
Mixon’s Texas Municipal Zoning Law. Ms. Quirk is a graduate of Southern Methodist
University (BBA) and received her J.D. from St. Mary’s University School of Law
(1991)(Law Journal Staff - Candidate). She is licensed by the State Bar of Texas (1991)
and the U.S. District Courts for the Northern, Southern and Western Districts of Texas.
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.2
LAND USE BASICS
This paper is designed to provide an overview of land use basics for municipal
attorneys and city officials in Texas. In this State, land use regulations are largely local
ordinances and regulations adopted pursuant to the Texas Local Government Code (“the
Code”) and other state laws. Section 211.001, et seq. of the Code provides for municipal
regulation of zoning and Section 212.001, et seq. provides for subdivision regulation.
Other sections of the Code provide more limited powers for counties and address related
matters.
Each of these laws and the application of the laws by local governments must also
comport with state and federal constitutional law and the interpretation of the laws by the
applicable courts. Many landowners and developers are not aware of the extent to which
development of land is regulated and the exact procedures by which this is accomplished.
When their expectations, whether realistic or not, are not met, lawsuits result. Attorneys
and officials working for local governments can reduce the risk of litigation by familiarizing
themselves with the processes and limitations found in laws governing land use regulation
on the federal, state and local levels and in the case law which has interpreted these laws.
I. BASICS OF PLANNING, ZONING, PLATTING AND PERMITTING
“Land Use Law” encompasses planning, zoning, permitting and other regulatory
processes employed by local governments to facilitate the orderly and safe development
of land within their jurisdictions. Sec.211.001 of the Code states the purpose for zoning
laws: to promote the public health, safety, morals, or general welfare and protect and
preserve places and areas of historical, cultural, or architectural importance and
significance. Basic steps in land use regulation include:
1. Adoption and application of comprehensive plans;
2. Adoption and amendment of zoning ordinances or codes;
3. Adoption of subdivision regulations and consideration of plats;
4. Adoption of building codes and consideration of building permits; and
5. Local appeals, variances, and non-conforming status determinations.
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.3
A. Adoption and Application of Comprehensive Plans
Sec.211.004 of the Code provides that zoning regulations must be adopted in
accordance with a comprehensive plan and must be designed to:
(1)lessen congestion in the streets;
(2)secure safety from fire, panic, and other dangers;
(3)promote health and the general welfare;
(4)provide adequate light and air;
(5)prevent the overcrowding of land;
(6)avoid undue concentration of population; or
(7) facilitate the adequate provision of transportation, water, sewers,
schools, parks, and other public requirements.
These plans are developed by the planning commission and approved by the city
council of a city and usually include areas proposed for various types of land uses
and for expansion of city services and transportation.
The plan is a concept, not a law, is not binding on the city, and may be modified,
but anyone wishing to change the zoning of a property must show the new zoning
will be consistent with the plan or else seek a plan amendment.
B. Adoption and Amendment of Zoning Ordinances or Codes
1. What are Zoning Ordinances or Codes - Zoning regulations include:
(1)height, number of stories, and size of buildings and other structures;
(2)percentage of a lot that may be occupied;
(3)size of yards, courts, and other open spaces;
(4)population density;
(5)location and use of buildings, other structures, and land for business,
industrial, residential, or other purposes;
(6)pumping, extraction, and use of groundwater;
(7) construction, reconstruction, alteration, or razing of buildings and other
structures in places of historical significance; and
(8) bulk of buildings.
(See Section 211.003 of the Code).
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.4
Pursuant to Section 211.005 of the Code, the governing body may divide the city
into districts (these districts are drawn on maps) and regulate the erection,
construction, reconstruction, alteration, repair, or use of buildings, other structures,
or land in each district (these regulations are contained in ordinances which may be
codified into codes, such as a unified development code). Zoning regulations must
be uniform for each class or kind of building in a district, but the regulations may
vary from district to district. The regulations must be adopted with reasonable
consideration, among other things, for the character of each district and its peculiar
suitability for particular uses, with a view of conserving the value of buildings and
encouraging the most appropriate use of land in the municipality.
Zoning Commission or Planning and Zoning Commission - Sec.211.007 of the
Code provides that a home rule city shall and a general law city may appoint a
zoning commission to recommend appropriate zoning regulations to the city council.
If no commission is appointed, the city council acts as the commission. If the city
has a planning commission, that commission may be selected as the zoning
commission (usually designated as the Planning and Zoning Commission).
: Home rule cities govern themselves by the terms of their Charter by which
Note
they may enact any laws not inconsistent with or preempted by state law. General
law cities may take different forms (Type A for example) and operate under the
general laws of the state. The size of a city determines which form it may take.
Depending on the form, a city may be governed by a city council or a board of
aldermen and may be managed by a city manager with designated powers or by a
city administrator who acts under specific directions from the governing body.
Chapter 551, Government Code requires meetings of a zoning commission, like
those of the city council to be open to the public except for closed sessions noticed
for certain allowed purposes.
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.5
Unlike the comprehensive plan, zoning ordinances or code provisions are law and
must be followed by the city and all applicants. These laws may be amended only
by following specific procedures.
– Zoning districts may be formed for a variety of uses,
2. Types of Zoning Districts
and different uses may overlap into different districts. Different regulations will
apply in each district. Some basic categories might include:
1. Single family residential
2. Multi-family residential
3. Light Office
4. Commercial
5. Industrial
PUD Zoning – One type of zoning which allows a city to plan with developers in
advance for multiple uses in one zoning district is Planned Unit Development
Zoning. The developer will usually be required to submit a plan for the development
which shows the uses in each section of the development.
3. Zoning Procedures - Sec.211.006 of the Code provides that procedures must be
established for adopting and enforcing zoning regulations and that a regulation or
boundary is not effective until after a public hearing on the matter at which parties in
interest and citizens have an opportunity to be heard. Once in place, if the zoning
map and code or ordinances do not allow the use contemplated by a project or the
project plan is otherwise inconsistent with these zoning regulations (for instance
where a different density is desired), a zoning amendment, specific use permit,
variance, or non-conforming use registration will be required before plat approvals
and building permits may be obtained. The same procedures used for adopting
zoning regulations also apply to zoning amendments.
Notice and hearing are required before city council - Before the 15th day before the
date of the hearing, notice of the time and place of the hearing must be published in
an official newspaper or a newspaper of general circulation in the municipality. Each
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.6
municipality may also have additional notice requirements.
If the city has a zoning commission, the city council may not adopt zoning
regulations until the zoning commission has held its own hearings and submitted a
report to the council. The required hearing for the city council may be held in
conjunction with a zoning commission hearing. If a proposed change to a regulation
or boundary is protested the proposed change must receive, in order to take effect,
the affirmative vote of at least three-fourths of all members of the governing body
The governing body by ordinance may provide that the affirmative vote of at least
three-fourths of all its members is required to overrule a recommendation of the
municipality's zoning commission that a proposed change to a regulation or
boundary be denied.
Before the 10th day before the hearing date, written notice of each public hearing
before the zoning commission on a proposed change in a zoning classification shall
be sent to each owner, as indicated by the most recently approved municipal tax roll,
of real property within 200 feet of the property on which the change in classification
is proposed. Different notice requirements may be set by the municipality.
If the amendment sought is not consistent with the comprehensive plan of the city,
the applicant should approach the city’s planning department and planning
commission about a possible amendment to the plan (different procedures will
apply).
C. Adoption of Subdivision Regulations and Consideration of Plats
1. Plat Process – Even if a landowner has zoning in place which will allow the type of
use being contemplated for the land, there must be an approved final plat in place
before the development of the land may proceed. Sec. 212.002 of the Code
provides that after a public hearing on the matter, the governing body of a
municipality may adopt rules governing plats and subdivisions of land within the
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.7
municipality's jurisdiction to promote the health, safety, morals, or general welfare of
the municipality and the safe, orderly, and healthful development of the municipality.
Plat Required - Sec. 212.004 requires a landowner who divides the tract into two or
more parts to lay out a subdivision of the tract, including an addition to a
municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys,
squares, parks, or other parts of the tract intended to be dedicated to public use or
for the use of purchasers or owners of lots fronting on or adjacent to the streets,
alleys, squares, parks, or other parts must have a plat of the subdivision prepared
(except 5 acre tracts or larger which have access where no public dedication will be
made). This includes any type of conveyance of or contract for the divided land.
Municipalities do not have to require plats for every division of land. Also, where a
development plat is required by the municipality, the regular platting requirement
will not apply.
Extraterritorial Jurisdiction - Sec. 212.003 of the Code extends platting authority to
the extraterritorial jurisdiction of the city (the area outside of the city limits which falls
within a certain number of miles from the city depending upon the size of the city).
This differs from zoning laws which are not extended into the e.t.j. However, there
are vehicles such as development agreements which can be used to regulate
certain matters in a development within the e.t.j. of a city. If land lies within the
e.t.j.s of two cities, the larger city will have authority. However, the cities may enter
into an agreement regarding these matters.
Vesting – Chapter 245 (“Chapter 245”) of the Code provides that regulations
pertaining to permits will “freeze” at the time of the first application submitted to a
city for a project which gives the city fair notice of the project. A permit can be
anything which is required to be submitted to the city for approval in order for a
project to proceed. Consequently, when a city amends the regulations governing
land development, any landowner who has filed any required plan or application with
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.8
the city which gives the city fair notice of a project will be governed by the prior
regulations for the entire project. There are some limited exceptions to this
requirement. Traditionally, zoning is not a vested right, even in situations where a
plat has been approved. However, Chapter 245 has recently been amended to
“freeze” additional types of laws which may include certain types of use
classifications. This provision seems to conflict with other laws and has not yet been
interpreted by the courts. Chapter 245 does allow cities to provide for expiration of
permits and projects after a certain time period. See Senate Bill 574, effective
September 1, 2005. See also Senate Bill 848, amending Sec. 245.001 and 002 of
the Code pertaining to vesting relating to water or sewer construction contracts.
See also Sec. 211.015 and 016 of the Code.
- Cities may place moratoria on applications during a period when general
Moratoria
changes to the cities land use laws are being considered. Recently, House Bill 3461
amended Chapter 212 of the Code to add regulations relating to moratoria.
Must be Approved and Recorded - In order for a plat to be final, it must be
approved by the municipal authority and recorded with the county clerk of the
county in which the tract is located subject to the filing and recording provisions of
Section 12.002 of the Property Code and must:
(1) describe the subdivision by metes and bounds;
(2) locate the subdivision with respect to a corner of the survey or tract or an
original corner of the original survey of which it is a part;
(3) state the dimensions of the subdivision and of each street, alley, square,
park, or other part of the tract intended to be dedicated to public use or for
the use of purchasers or owners of lots fronting on or adjacent to the street,
alley, square, park, or other part; and
(4) be acknowledged by the owner or proprietor of the tract or the owner's or
proprietor's agent in the manner required for the acknowledgment of deeds.
Planning Commission has Final Approval – Unlike zoning which must be approved
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Barbara L. Quirk 02/24/06 pg.9
by the city’s governing body or go to the board of adjustment for a variance, plats
are approved by the planning commission or planning and zoning commission of a
city pursuant to Sec. 212.006 of the Code. If the municipality has no planning
commission, the governing body of the municipality approves plats. The governing
body by ordinance may require the approval of the governing body in addition to that
of the municipal planning commission.
Sec. 212.009 requires the municipal authority responsible for approving plats to act
on a plat within 30 days after the date the plat is filed. A plat is considered approved
by the municipal authority unless it is disapproved within that period. If an ordinance
requires that a plat be approved by the governing body of the municipality in addition
to the planning commission, the governing body shall act on the plat within 30 days
after the date the plat is approved by the planning commission or is considered
approved by the inaction of the commission. A plat is considered approved by the
governing body unless it is disapproved within that period. The governing body
must endorse an approved plat as being approved, or provide the applicant with a
certification that it was approved by inaction upon request. An applicant who is
denied must be provided with reasons upon request.
Sec. 212.010 of the code provides the municipal authority responsible for approving
plats shall approve the plat if:
(1) it conforms to the general plan of the municipality and its current and
future streets, alleys, parks, playgrounds, and public utility facilities;
(2) it conforms to the general plan for the extension of the municipality and
its roads, streets, and public highways within the municipality and in its
extraterritorial jurisdiction, taking into account access to and extension of
sewer and water mains and the instrumentalities of public utilities;
(3) a bond required under Section 212.0106, if applicable, is filed with the
municipality; and
(4) it conforms to other rules adopted under the code and has been prepared
as required by Section 212.0105, if applicable.
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Chapter 212 also provides for replatting, vacating and amending plats and for
enforcement by injunction as well as allowing for a city to take the measures
necessary to bring land into compliance. Criminal penalties do not apply within the
e.t.j.
2. Alternative Development Plat Process
Sec. 212.041, et seq. of the Code provides and alternative development plat
process which only applies in cities which elect to apply these provisions. After a
public hearing on the matter, the municipality may adopt general plans, rules, or
ordinances governing development plats of land within the limits and in the
extraterritorial jurisdiction of the municipality to promote the health, safety, morals, or
general welfare of the municipality and the safe, orderly, and healthful development
of the municipality.
Under Sec. 212.045, if this alternative is in place, any person who proposes the
development of a tract of land located within the limits or in the extraterritorial
jurisdiction of the municipality and who is not otherwise required to submit a plat for
approval must have a development plat of the tract prepared. Requirements for
municipal approval of development plats and enforcement provisions are similar to
those for general plats.
The development plat must be prepared by a registered professional land surveyor
as a boundary survey showing:
(1) each existing or proposed building, structure, or improvement or proposed
modification of the external configuration of the building, structure, or improvement
involving a change of the building, structure, or improvement;
(2) each easement and right-of-way within or abutting the boundary of the
surveyed property; and
(3) dimensions of each street, sidewalk, alley, square, park, or part of the property
intended to be dedicated to public use or for the use of purchasers or owners of lots
fronting on or adjacent to the street, sidewalk, alley, square, park, or other part.
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D. Adoption of Building Codes and Consideration of Building Permits
Even if the zoning of a lot allows the type of use being contemplated by the lot owner
and an approved plat is on file showing the layout of the lot which will allow for a structure
to be built, the landowner must still obtain building permits from the municipality for any
construction on the lot. Building codes are the regulations which determine the manner in
which structures must be constructed, altered, remodeled, enlarged, or repaired and
related matters. Sections 214.211 to 214.216 of the Code adopt the International
Residential Code, the National Electrical Code, and the International Building Code for the
State. However, municipalities may have other building codes in effect and may pass
amendments to these codes. These codes are enforced by local building officials.
E. Local Appeals, Variances, and Non-Conforming Status Determinations
- A zoning amendment may not always be required or
Specific Use Permits
possible. For instance, the zoning ordinance may provide that a use will be allowed
in a certain district if a specific use permit is obtained. These permits may contain
conditions for the use. Check the zoning ordinance and the local planning
department for the applicable procedures.
Nonconforming Uses (“grandfathering”) – when a zoning change or annexation
occurs, uses or structures which do not conform with the zoning district regulations
may be allowed to continue as nonconforming uses. Check the zoning ordinance of
the city for registration requirements and conditions on nonconforming uses. These
uses may be terminated by a city at any time, provided enough time is allowed for
the investment in the nonconforming use or structure at the time the use became
nonconforming to be recouped (“amortized”).
Variances – Sec.211.008 of the Code provides that the governing body of a
municipality may provide for the appointment of a board of adjustment to make
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special exceptions to the terms of the zoning ordinance that are consistent with the
general purpose and intent of the ordinance and in accordance with any applicable
rules contained in the ordinance. In certain general law cities this function will be
carried out by the city council.
Board of Adjustment – The board is a separate legal body from the municipality.
Sec.211.009 of the Code provides the board of adjustment may:
(1)hear and decide an appeal that alleges error in an order, requirement,
decision, or determination made by an administrative official relating to zoning;
(2)hear and decide special exceptions to the terms of a zoning ordinance when
the ordinance requires the board to do so;
(3)authorize in specific cases a variance from the terms of a zoning ordinance if
the variance is not contrary to the public interest and, due to special conditions, a
literal enforcement of the ordinance would result in unnecessary hardship, and so
that the spirit of the ordinance is observed and substantial justice is done; and
(4)hear and decide other matters authorized by an ordinance.
The concurring vote of 75 percent of the members of the board is necessary on
most of these matters. It is up to an applicant to file an appeal with a board of
adjustment in accordance with the board’s rules. If no timely appeal is filed from the
decision of a board of adjustment, the decision becomes final.
Enforcement – If a person fails to obtain one of the exceptions outlined in this
section, but continues to use their land in violation of the law, Sec.211.012
provides that a violation of the statute or any ordinance or regulation adopted under
the statute is a misdemeanor, punishable by fine, imprisonment, or both, as
provided by the governing body. The governing body may also provide civil
penalties for a violation, and may prevent, restrain, correct, or abate the violation.
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F. Development Agreements and Other Matters
Many other regulations, such as environmental regulations, affect land use. There are
also various alternative processes available during the development of land, such as
development agreements, which allow cooperation between developers and local
governments.
II. EXACTIONS AND RELATED ISSUES
Many issues other than land use regulation are involved in most development
projects. One of the more complex issues in development projects is often determining
who will pay for the required extension of municipal services and infrastructure into the
developed area and how this will be accomplished. This decision requires a balancing of
the legal principles that a city may not expend public funds for the benefit of private
individuals, but also may not mandate that developers pay for extensions which are
“beyond that necessitated by” their development, as per recently adopted State legislation.
The following is an analysis of various ways cities can deal with these costs (check to see
which of these methods are allowed by your ordinances):
A. Impact Fees (Only applies to extensions listed in the City’s Capital Improvement
Plan “CIP.”) Chapter 395 of the Texas Local Government Code (“the Code”) allows
a City to charge impact fees within the City and in its extraterritorial jurisdiction
provided notice and hearings are provided. Impact fees are defined as:
A charge or assessment imposed by a political subdivision against new
development in order to generate revenue for funding or recouping the costs
of capital improvements or facility expansions necessitated by and
attributable to the new development. The term includes amortized charges,
lump-sum charges, capital recovery fees, contributions in aid of construction,
and any other fee that functions as described by this definition.
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1. Impact fees, as collected, may only be used for the purpose for which
they were imposed and may only be assessed for items approved in
the Code, based on a formula set per service unit. Impact fees may
only be used to pay for public capital improvements or facility
expansions identified in the CIP.
2. Impact fees may be assessed on, but may not be collected in areas
where services are not yet available, except in certain circumstances
outlined in the statute.
B. Developer Required Construction and Dedication (Applies toextensions which
arenotlisted in the CIP.) Where the extension of a utility which is not provided for
in the CIP is required solely for the purpose of serving the development, and does
not provide utility infrastructure which will be “greater than that required for the use
of that particular development,” the City may legally require the developer to
construct and pay for the extension of the utility.
C. Participation Agreements
1. Cost Reimbursement – (These agreements arise when a developer agrees to
construct an extension which will “partly” serve another development or which
is “oversized” for future city development.) In these cases, the City may not
require the developer to construct the entire extension, or bear the total cost
for the entire extension. However, the City may negotiate and obtain an
agreement from the developer in which the developer will be responsible for
constructing the entire extension with the City committing to reimburse the
developer for that portion of the cost attributable to use to be made for future
plans of the City or by other properties.
2. Developer Participation Contract - (These contracts usually involve an
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agreement by the City to “construct facilities,” and can occur whether the
extension is on - or not on - the CIP.) Costs may be split and apportioned
between a developer and a city by means of a “developer participation
contract”. This type of contract might provide for the City to construct an
extension - up to a certain point - with the developer participating in the cost
of the project to the extent it is necessitated by the development.
D. Tax Increment Financing Section 311.001, et seq. of the Texas Tax Code
provides authority for cities to create ‘Enterprise’ or ‘Reinvestment’ zones in certain
circumstances and to subsequently finance construction of utilities in those zones by
‘tax increment financing’. These zones and the provisions for taxation and financing
must be set up under extensive regulations and require cooperation with other
government entities. Joint utility and infrastructure construction agreements may
also be appropriate with landowners or developers involved in projects in these
zones. A Tax Increment Financing District (“TIF”) is an area within a city created for
a defined period of time for the promotion of development within the targeted area.
All or part of the tax revenue produced from any new development in the district is
used to provide public services and/or infrastructure improvements within the
district. TIF boards may issue debt to finance public infrastructure in the district.
The district’s tax receipts, which are based on assessment values frozen at the time
of its formation, are paid to the TIF Board for use in its development plan and to pay
any outstanding TIF debt service obligation.
III. OTHER LEGAL CONSIDERATIONS IN LAND USE MATTERS
Landowners whose expectations in the development of their land have been stopped
because of an inability to acquire zoning, plat approval, building permits, or other required
approvals may claim they have been deprived of the use of their property or other
constitutional rights or may raise a variety of other claims against a city and its officials.
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The following are additional legal considerations which may develop in land use matters:
A. Due Process
There are two types of due process claims, substantive and procedural. A
substantive due process claim may arise in circumstances where there is an allegation that
a person has been deprived of a protected interest, such as a property interest, by
governmental action which was arbitrary and capricious or involved discrimination or
1
suspect classifying criteria. Procedural due process claims arise when the deprivation of a
2
protected interest occurs because of the procedures employed.When making land use
decisions, local government officials should make a record of the reasons for the actions
being taken, such as protecting the residential character of a neighborhood, and should
avoid making statements which could create an impression that there is no valid reason for
the action or that it is being taken for discriminatory reasons. Procedural due process can
usually be shown when the decision makers have followed procedural requirements in
ordinances and statutes which provided the complaining person with notice, an opportunity
to be heard, and some type of appeal.
B. Equal Protection
3
Equal protection claims may be filed in the land use context as well. To succeed, a
plaintiff must show a regulatory classification which denies equal protection, and that the
classification either lacks a legitimate regulatory purpose or is not rationally related to the
regulatory purpose; that is, “whether the state could rationally determine that by
4
distinguishing among persons as it has, the state could accomplish its legitimate purpose."
Local governments should avoid passing land use regulations or taking actions which treat
similarly situated individuals differently based on a classification of these individuals as
belonging to a particular type based upon factors such as race or income. The Americans
with Disabilities Act and the Rehabilitation Act also provide protections for persons with
disabilities or who are in rehabilitation.
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C. Takings Claims
A municipality may be accused of taking private property without compensation or
for other than a public purpose in violation of the Fifth Amendment to the United States
Constitution either because of a physical invasion of the property or because of a
regulation. A physical taking occurs when a city authorizes or implements a physical
5
occupation of a property for a public purpose. A recent Supreme Court case addressed
6
whether economic development could constitute a public purpose.
A regulation may result in a taking if the regulation denies an owner all economically
7
viable use of his land. The Supreme Court has recently determined that an analysis of
whether a regulation substantially advances a government interest, a factor previously
considered in these cases, is a due process factor and is not an appropriate consideration
8
in a fifth amendment takings case. Under the Fifth Amendment to the United States
Constitution, made applicable to the states by the Fourteenth Amendment, a takings
analysis focuses on both on the character of the action and on the nature and extent of the
9
interference with rights in the parcel as a whole. Regarding whether the regulation
sufficiently intruded upon the owner's economically viable use of his land to constitute a
10
"taking," the Fifth Amendment does not guarantee the most profitable use of property. A
11
diminution in value, standing alone, does not establish a taking. A regulation which does
not deprive the owner of all economically viable use of the property may be a taking if it
unreasonably interferes with the owners ability to use the property. The taking issue is
resolved by focusing on a complex set of factors (the Penn Central factors) including: (1)
“the economic impact of the regulation on the claimant”; (2) “the extent to which the
regulation has interfered with distinct investment-backed expectations”; and (3) the
character of the governmental action,” and involves weighing private and public interests
12
and a careful examination and weighing of all the relevant circumstances. A temporary
13
moratorium, delay, or regulation may also be a taking.
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In a takings case involving a possible nuisance, the Fifth Circuit found an ordinance
prohibiting quarrying was more than mere exercise of police power and denied all
economically viable use of the property where it prohibited activity for which Plaintiff had a
14
However, the Court remanded the case for determination of whether
leasehold interest.
the quarry constituted a nuisance, holding that under federal law, even if the value of the
property is destroyed, there will be no recovery if the State’s law would have prohibited that
15
activity as a nuisance. In any event, when making land use decisions, city officials
should avoid taking actions which deprive a landowner of all economically viable use of
their property. However, this does not mean the city must allow the landowner to make a
profit off the property or change the use of the property as they choose.
D. Fair Housing
If a landowner or its tenants qualify as aggrieved persons under the Fair Housing Act
of 1968, as amended, 42 U.S.C. §3601,et seq. (“the Act”), a claim may be filed under this
Act as well. 42 U.S.C. §3602(i)defines an aggrieved person as any person who claims to
have been injured by a discriminatory housing practice or believes that such person will be
injured by a discriminatory housing practice that is about to occur. 42 U.S.C. §3604(a),
governing discrimination in the sale or rental of housing, makes it unlawful to “make
unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial
status, or national origin.” Under 42 U.S.C. §3602(k), “Familial status” applies to a person
under 18 years living with a person having legal custody of them or that person’s written
designee. For example, under the Act, an entity might be sued for taking an action which
caused an apartment complex to close (e.g. terminating a non-conforming apartment use
by an amortization process) where it can be alleged depriving the tenants of housing would
have a discriminatory effect on low income persons and families with children under 18.
The Courts consider the following multi-factor test to determine whether the plaintiff
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Barbara L. Quirk 02/24/06 pg.19
has proven discriminatory intent:(i) discriminatory impact; (ii) the historical background of
the challenged decision; (iii) the specific sequence of events leading up to the decision; (iv)
any procedural and substantive departures from the norm; and (v) the legislative or
16
administrative history of the decision. "Once the plaintiff establishes a prima facie case,
then the burden shifts to the defendant to articulate — but not prove-a legitimate
17
nondiscriminatory reason for its action." If the defendant meets its burden, then the
burden shifts back to the plaintiff to show the reason was a pretext.
E. Free Speech
A freedom of expression claim may be filed in land use cases in which a government
entity is attempting to regulate businesses, such as sexually oriented businesses, which
engage in protected expression. These regulations may take the form of distance and
location regulations or interior configuration and licensing and operation regulations. If a
city chooses to require licensing, a license for a First Amendment-protected business must
be issued within a reasonable period of time because undue delay results in the
18
For a discussion of the legal standards
unconstitutional suppression of protected speech.
19
applicable in a free expression case, the analysis in N. W. Enterprisesis helpful. The
Court of Appeals in N.W.Enterprisesfirst determined what standard of scrutiny would apply
20
using the refined Renton test set forth by the Supreme Court in Alameda Books, Inc., (1)
whether a sexually oriented business zoning ordinance is a time, place and manner
regulation; (2) whether the ordinance is aimed at the content of sexually-oriented speech
(content-based) or the “speech’s” secondary effects on the community (content-neutral);
and after passing those tests; (3) whether the ordinance is designed to serve a substantial
governmental interest and leaves open reasonable alternative avenues of communication.
The courts have found SOB ordinances content-neutral where the legislative record
demonstrated that the predominant concern was to regulate secondary effects (looking at
findings of the City Council, the expressed purposes of the ordinance and committee
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.20
21
reports) and not to censor the expression itself. Local government officials can usually
demonstrate content neutral purposes when they rely on studies showing the negative
secondary effects of the businesses in question and draft ordinances or otherwise take
actions which are designed to eliminate those secondary effects, not limit the expression.
F. RLUIPA
Where an action by a local government entity interferes with the free exercise of a
religious activity, a plaintiff may choose to bring a claim under the Religious Land Use and
22
Institutionalized Persons Act of 2000 (“RLUIPA”). In general, merely failing to approve an
application which would allow a religious use in a certain location is not enough for a
plaintiff to proceed in this type of claim without a showing of an actual interference with a
religious practice by the local government.
Under RLUIPA, a local government defendant may be able to moot the case by
23
amending the offending legislation to remove any burden on religion. This can be
accomplished by placing the same zoning restrictions on all assembly type uses and
providing at least one zoning district in which the religious use can exist as of right. In
cases in which an establishment is being denied the ability to build at a certain location, a
local government should take steps to document the availability of other locations within the
city at which the activity could be permitted and to show that the same process is applied to
other similarly situated applicants which are non-religious.
G. EMINENT DOMAIN
Other matters related to land use issues include eminent domain and condemnation,
the city’s right to take private land for public purposes for just compensation. The Texas
legislature recently passed legislation curtailing a city’s ability to exercise eminent domain
where the purpose is primarily for economic development in most cases.
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Conclusion
The actions of cities in planning for municipal development, considering zoning
changes, plan amendments, plats, the treatment of non-conforming uses and building
permits will always be a source of litigation for landowners determined to use their property
in whatever manner they choose. Municipalities can lessen the risk of these lawsuits by
enacting ordinances governing these matters which provide sufficient notice and hearing
procedures, by always following those procedures, and by acting on landowner requests
with a legitimate government purpose in mind.
1. San Jacinto Sav. & Loan v. Kacal, 928 F.2d 697, 700 (5th Cir. 1991); Vance v.
Bradley, 440 U.S. 93, 99 S.Ct. 939, 52 L.Ed.2d 171 (1979).
2. Kacal, 928 F.2d at 700.
3. See Jackson Court Condominiums, 874 F.2d at1079.
4. Mahone v. Addicks Utility Dist. of Harris County, 836 F.2d 921, 933 (5th Cir. 1988);
Reid v. Rolling Fork Pub. Utility Dist., 854 F.2d 751, 753 (5th Cir. 1988).
5. See generally, Williamson, 473 U.S. 172, 186-87, 105 S. Ct. 3108, 87 L. Ed. 2d 126
(1985).
6Kelo v. City of New London, et al., 125 S. Ct. 2655 (2005) (would be public use if the
taking would be implemented pursuant to a carefully considered plan which was not
adopted “to benefit a particular class of identifiable individuals”) (But see “Eminent Domain”
section).
7. Agins v. City of Tiburon, 447 U.S. 255, 261, 100 S. Ct. 2138, 2141, 65 L. Ed. 2d 106
(1980);Jackson Court Condominiums, 874 F.2d 1070 at1080; but seeSheffield, 47
Tex. Sup. J. 327 (minority of jurisdictions have not applied the substantial
advancement factor).
8Lingle v. Chrevron U.S.A., 544 U.S. ___, 125 S. Ct. 2074, 2083 (2005).
9. Penn Cent. Transp. Co., 438 U.S. at 130-131.
10. Goldblatt v. Town of Hempstead, 369 U.S. 590, 592, 82 S. Ct. 987, 989, 8 L. Ed. 2d
130 (1962).
11.Penn Cent. Transp. Co. 438 U.S. 104 at 131; Jackson Court Condominiums, Inc.,
TCAA Riley Fletcher Seminar
Barbara L. Quirk 02/24/06 pg.22
874 F.2d at 1080.
12.Sheffield Devel. Co., Inc., 47 Tex. Sup. J. 327 (citing Connolly v. Pension Benefits
Guar. Corp., 475 U.S. 211, 225, 89 L.Ed. 2d 166, 106 S. Ct. 1018 (1986) (quoting
Penn Central, 438 U.S. at 124)).
13. See, e.g., Dufau v. United States, 22 Cl. Ct. 156 (1990) (holding that 16-month delay
in granting a permit did not constitute a temporary taking); Tahoe-Sierra Pres.
Council,535 U.S. at 338 and n.32 (lists cases).
14. Vulcan Materials Co. v. The City of Tehuacana, 369 F. 3d 882 (5th Cir., 2004).
15. Id.
16. See Arlington Heights, 429 U.S. at 266-68; Buckeye Cmty. Hope v. City of
Cuyahoga Falls, 263 F.3d 627, 635, 639 (6th Cir. 2001) (stating that "the standard
for finding discriminatory intent is the same under the Fair Housing Act and the
Equal Protection Clause of the Fourteenth Amendment").
17. Texas, 85 F. Supp.2d at 729; see McDonnell Douglas Corp. v. Green, 411 U.S. 792,
802 (U.S., 1973).
18City of Littleton v. Z. J. Gifts D-4, L.L.C., 124 S. Ct. 2219, 2224 (U.S., 2004).
19. N.W. Enterprises, Inc. v. City of Houston, 352 F. 3d 162 (5th Cir. 2003).
20. City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 433-34, 122 S. Ct. 1728,
1733-34 (2002):
21. Id.
22. 42 U.S.C. §2000cc, et seq.
23. See Civil Liberties for Urban Believers, et al v. City of Chicago, (No. 01-4030, U.S.
th
App., 7 Cir., 2003).
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1369,Version:1
AGENDA CAPTION
Receive a report, hold discussion and provide staff direction regarding shared electric scooters and their
potential arrival in the City of Denton.
City of DentonPage 1 of 1Printed on 8/24/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: August 28, 2018
SUBJECT
Receive a report, hold discussion and provide staff direction regarding shared electric scooters
and their potential arrival in the City of Denton.
BACKGROUND
Shared electric scooters have been available in the United States since 2017 and were first
deployed in major coastal cities (San Francisco, New York City, Washington DC). Shared
scooters are similar to dockless bikeshare in that the scooters have no fixed docking/parking area
and can be used by anyone with the appropriate smartphone app. Users download the app and
link it to a credit card which allows them to find and unlock scooters as well as make payments.
A typical payment structure might be $1 to unlock the scooter and for the first minute of riding
and then $0.15 per minute thereafter. Scooters can be propelled by kicking off the ground with a
foot or by using a throttle on the handlebar. They typically have a maximum speed of 15 mph
(governed) when being propelled by the electric motor- though most vendors have the ability to
increase or decrease the max speed as needed. The scooters are collected at night by a team of
before being redeployed to city streets each morning.
The principal concerns a municipality might have with respect to shared electric scooters are
personal safety, parking/storage, and appropriate riding locations.
SAFETY: Helmets are recommended by all providers as basic personal protective
equipment.
STORAGE: Scooters should be parked where they will not become a hazard or obstacle
to other right-of-way users. A number of cities where shared electric scooters have been
deployed have worked with the system operators to designate acceptable and
unacceptable areas for scooter parking.
RIDING LOCATIONS: Local ordinances about where scooters may be ridden vary.
Municipalities have had to reexamine their codes to make sure the language includes
electric scooters. A major question, which varies between cities, is where the scooters
may or may not be used (bike lanes, sidewalks, recreational trails, riding with vehicular
traffic, etc.). Under the current Denton City code, a motorized scooter would be treated
streets.
Shared electric scooters present many of the same management issues to a municipality as do
dockless bikeshare systems. Due to the rapid deployment of shared electric scooters throughout
the United States, the City of Denton should take a proactive stance to prepare for their potential
arrival. Shared electric scooters have not yet made their way to Denton but there is a high
probably that they may in the near future. Both UNT and TWU have clearly expressed to city
staff that they have no interest in accommodating electric scooters on their respective campuses
at this time.
Other Texas municipalities have regulated shared electric scooters by incorporating them into
existing bicycle share ordinances and legislation and rephrasing the language to cover all
dockless mobility devices.
Given the potential issues of this mobility system (e-scooters), staff requests direction from
council regarding the overall policy for either entirely prohibiting, conducting a pilot program for
a specified period of time, or taking no action at this time.
OPTIONS
1. Provide staff with direction.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This item was presented at the Mobility Committee meeting in July.
STRATEGIC PLAN RELATIONSHIP
lan is an action-oriented road map that will help the City
achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
1. Agenda Information Sheet
2. Presentation
3. Dallas Dockless Vehicle Ordinance
4. Austin Dockless Mobility Emergency Rule
Respectfully submitted:
Todd Estes
Director of Capital Projects
Prepared by:
Marc Oliphant
Bicycle and Pedestrian Coordinator
6-19-18
ORDINANCE NO. __________
An ordinance amending Chapter 43, “Streets and Sidewalks,”of the Dallas City Code by adding
a new Article X; providing that a permit is required to operate a dockless vehicle service in the
city; establishing fees and providing regulations for a dockless vehicle permit program;
providing a penalty not to exceed $500; providing a saving clause; providing a severability
clause; and providing an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That Chapter 43, “Streets and Sidewalks,” of the Dallas City Code is
amended by adding a new Article X, “Dockless Vehicle Permit,” to read as follows:
“ARTICLE X.
DOCKLESS VEHICLE PERMIT.
SEC. 43-157. DEFINITIONS.
In this article:
(1)DIRECTOR means the director of the department designated by the city
manager to enforce and administer this article and includes representatives, agents, or department
employees designated by the director.
(2)DOCKLESS VEHICLE means a bicycle, an electric bicycle, or an electric
motor-assisted scooter, pursuant to the definitions set forth in Texas Transportation Code,
Sections 541.201 and 551.351, that can be located and unlocked using a smartphone app.
(3)OPERATOR means an individual or company that has been issued an
operating authority permit under this article.
(4)REBALANCE means moving dockless vehicles from an area of low
demand to an area of high demand.
(5)RESIDENTIAL AREA means a residential district as defined in Section
51A-2.102, “Definitions,” of the Dallas Development Code, or a planned development district or
conservation district with residential base zoning.
Dockless Vehicles - Page 1
SEC. 43-158. GENERAL AUTHORITY AND DUTY OF DIRECTOR.
The director shall implement and enforce this article and may by written order establish
such rules or regulations, consistent with this article and state or federal law, as he determines are
necessary to discharge his duty under, or to affect the policy of, this article.
SEC. 43-159. ESTABLISHMENT OF RULES AND REGULATIONS.
(a)Before adopting, amending, or abolishing a rule, the director shall hold a public
hearing on the proposal.
(b)The director shall fix the time and place of the hearing and, in addition to notice
required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended,
shall notify each operator and such other persons as the director determines are interested in the
subject matter of the hearing.
(c)After the public hearing, the director shall notify all operators and other interested
persons of the director’s action and shall post an order adopting, amending, or abolishing a rule
on the official bulletin board in city hall for a period of not fewer than 10 days. The order
becomes effective immediately upon expiration of the posting period.
SEC. 43-160. OPERATING AUTHORITY PERMIT.
A person commits an offense if, within the city, he operates, or causes or permits the
operation of, a dockless vehicle service without a valid operating authority permit issued under
this article.
SEC. 43-161. APPLICATION FOR OPERATING AUTHORITY PERMIT.
(a)To obtain an operating authority permit, a person shall make application in the
manner prescribed by the director. The applicant must be the person who will own, control, or
operate the proposed dockless vehicle program.
(b)An applicant shall file with the director a verified application statement, to be
accompanied by a non-refundable application fee, containing the following:
(1) the form of business of the applicant and, if the business is a corporation
or association, a copy of the documents establishing the business and the name and address of
each person with a 20 percent or greater ownership interest in the business;
(2) the verified signature of the applicant;
(3) the address of the fixed facilities to be used in the operation, if any, and
the address of the applicant’s corporate headquarters, if different from the address of the fixed
facilities;
Dockless Vehicles - Page 2
(4) the name of the person designated by the applicant to receive on behalf of
the applicant any future notices sent by the city to the operator, and that person’s contact
information, including a mailing address, telephone number, and email or other electronic
address;
(5) documentary evidence from an insurance company indicating that such
insurance company has bound itself to provide the applicant with the liability insurance required
by this article;
(6) documentary evidence of payment of ad valorem taxes on property within
the city, if any, to be used in connection with the operation of the proposed dockless vehicle
program;
(7) documentary evidence from a bonding or insurance company or a bank
indicating that the bonding or insurance company or bank has bound itself to provide the
applicant with the performance bond or irrevocable letter of credit required by this article;
(8) the number and types of dockless vehicles to be operated; and
(9) an agreement to indemnify the city.
(c)An operating authority permit may be renewed following the process in this
section.
(d)The initial application for an operating authority permit must be accompanied by
an application fee of $808 and the appropriate vehicle fee as specified in Section 43-172.
Applications to renew an operating authority permit must be accompanied by an application fee
of $404 and the appropriate vehicle fee as specified in Section 43-172.
SEC. 43-162. CHANGES TO INFORMATION IN OPERATING
AUTHORITY APPLICATION.
(a) Any changes to the information provided in the operating authority permit
application must be reported to the director, in the manner prescribed by the director, within 10
days of the change.
(b) If the information reported to the director under this section includes an increase
in the number of dockless vehicles, any additional vehicle fees due under Section 43-172 must be
submitted to the director simultaneously with the change in information.
SEC. 43-163. EXPIRATION OF OPERATING AUTHORITY PERMIT.
An operating authority permit expires one year from the date it is issued.
Dockless Vehicles - Page 3
SEC. 43-164. REFUSAL TO ISSUE OR RENEW OPERATING
AUTHORITY PERMIT.
(a)The director shall refuse to issue or renew an operating authority permit if the
applicant:
(1) intentionally or knowingly makes a false statement as to a material matter
in an application for a permit or permit renewal; or
(2) has been convicted twice within a 12-month period for a violation of this
article regarding the deployment of a dockless vehicle or the rebalancing or removal of a
dockless vehicle, or a rule or regulation adopted under this article regarding the deployment of a
dockless vehicle or the rebalancing or removal of a dockless vehicle, or has had an operating
authority permit revoked within two years of the date of application.
(b) If the director determines that a permit should be denied, the director shall notify
the applicant or operator in writing that the application is denied and include in the notice the
specific reason or reasons for denial and a statement informing the applicant or operator of the
right to, and the process for, appeal of the decision.
SEC. 43-165. SUSPENSION OR REVOCATION OF OPERATING
AUTHORITY PERMIT.
(a)Suspension. The following regulations apply to the suspension of an operating
authority permit:
(1) The director may suspend an operating authority permit if the director
determines that the operator failed to comply with a request to remove a dockless vehicle or a
request to rebalance dockless vehicles issued by the director within the time specified in the
order.
(2) Suspension of an operating authority permit does not affect the expiration
date of the permit.
(b) Revocation. The following regulations apply to the revocation of an operating
authority permit:
(1) The director shall revoke an operating authority permit if the director
determines that the operator has:
(A) made a false statement as to a material matter in the application
concerning the operating authority permit;
(B) failed to maintain the insurance required by this article;
Dockless Vehicles - Page 4
(C) failed to maintain the performance bond or irrevocable letter of
credit required by this article;
(D) operated dockless vehicles that were not authorized by the
operating authority permit; or
(E) failed to pay a fee required by this article.
(2) After revocation of an operating authority permit, an operator is not
eligible for another permit for a period of up to two years, depending on the severity of the
violation resulting in the revocation.
SEC. 43-166. APPEALS.
Any person whose application for an operating authority permit, or renewal of an
operating authority permit, is denied by the director, or an operator whose operating authority
permit has been revoked or suspended by the director, may file an appeal with the permit and
license appeal board in accordance with Section 2-96, “Appeals From Actions of Department
Directors,” of this code.
SEC. 43-167. NONTRANSFERABILITY.
An operating authority permit is not transferable. This regulation should not be construed
to impede the continuing use of trade names.
SEC. 43-168. OPERATIONS.
(a)Each operator shall provide dockless vehicles to accommodate a wide range of
users.
(b)Each dockless vehicle permitted under this article must display the emblem of the
operator along with a unique identification number.
(c)Dockless vehicles must not display third party advertising.
(d)Dockless vehicles must meet all requirements of local, state, and federal law.
Bicycles must meet the safety standards outlined in ISO 43.150 – Cycles, Subsection 4210, as
amended.
(e)Dockless vehicles must be high quality and sturdily built to withstand the effects
of weather and constant use for five years.
(f)Dockless vehicles must be well maintained and in good riding condition.
(g)Each dockless vehicle permitted under this article must be equipped with active
global positioning system technology.
Dockless Vehicles - Page 5
(h)Spoken word alarm systems are prohibited on dockless vehicles.
(i)Operators shall maintain a staffed operations center.
(j)Operators shall maintain a 24-hour customer service number posted on each
dockless vehicle for customers and citizens to report safety concerns, make complaints, ask
questions, or request a dockless vehicle be relocated.
(k)Operators shall rebalance dockless vehicles at least once per week.
(l)Operators shall provide the director with contact information for someone who
can rebalance and relocate dockless vehicles. The operator shall rebalance or relocate dockless
vehicles within two hours of receiving notification on weekdays between 6:00 a.m. and 6:00 p.m.
(excluding holidays) and within 12 hours of receiving notice at all other times. An operator shall
notify the director within 24 hours of a change of contact information.
(m)An operator shall remove any inoperable dockless vehicle, or a dockless vehicle
that is not safe to operate, from the right-of-way within 24 hours of notice from the director. A
dockless vehicle removed from the right-of-way in accordance with this subsection must be
repaired before it is returned to revenue service.
(n)An operator shall provide the director with special access, via the operator’s app
or other device, to immediately unlock and remove dockless vehicles that are blocking access to
city property or the public right-of-way.
(o)Any dockless vehicle retrieved by the director from a stream, lake, fountain, or
other body of water will be disposed of in accordance with Division 2, “Sale of Unclaimed and
Surplus Property,” of Article IV, “Purchasing,” of Chapter 2, “Administration,” of the Dallas
City Code, as amended, if not collected by the operator after notification.
(p)If the city incurs any costs addressing or abating any violations of this section, or
incurs any costs of repair or maintenance of public property, the operator shall reimburse the city
for the costs within 30 days of receiving written notice from the director.
(q)An operator shall not place or attach any personal property (other than dockless
vehicles), fixtures, or structures in the public right-of-way without the separate written
permission of the director. Any permission to place items in the public right-of-way must be
incorporated into the permit.
(r)An operator shall not adversely affect the property of any third parties during the
use of city property or the public right-of-way.
(s)An operator shall educate customers regarding the law applicable to riding,
operating, and parking a dockless vehicle. An operator’s mobile application must provide
information notifying the user that:
Dockless Vehicles - Page 6
(1)minors must wear helmets while riding a bicycle as required by Section 9-
8, “Bicycle Helmet Required,” of the Dallas City Code and while riding a motor assisted scooter
as required by Section 28-41.1, “Restrictions on the Use of Motor Assisted Scooters, Pocket
Bikes, and Minimotorbikes,” of the Dallas City Code;
(2)dockless vehicles must be parked legally and properly;
(3)bicyclists and motor assisted scooters must yield to pedestrians on
sidewalks and trails; and
(4)bicycles may not be ridden on sidewalks within the central business
district per Section 9-1, “Applicability of Traffic Regulations to Bicycle Riders,” of the Dallas
City Code.
(t)The number of dockless vehicles in a fleet must be commensurate with the
expected level of service.
SEC. 43-169. DOCKLESS VEHICLE PARKING, DEPLOYMENT, AND
OPERATION.
(a)Dockless vehicles may not be parked in a manner that would impede normal and
reasonable pedestrian access on a sidewalk or in any manner that would reduce the minimum
clear width of a sidewalk to less than 48 inches.
(b)Dockless vehicles may not be parked in a manner that would impede vehicular
traffic on a street or alley.
(c)Dockless vehicles may not be parked in a manner that would impose a threat to
public safety or security.
(d)Dockless vehicles may not be parked on a public street without specific
permission from the director.
(e)Dockless vehicles may not be deployed on a block where the sidewalk is less than
96 inches in width, or on a block that does not have sidewalks.The director may determine other
blocks where deploying dockless vehicles is prohibited.
(f)Dockless vehicles must be deployed on a sidewalk or other hard surface, at a
bicycle rack, or at a city-owned location. Dockless vehicles may only be deployed on private
property with the permission of the property owner.
(g)Dockless vehicles must stand upright while parked.
Dockless Vehicles - Page 7
(h)Dockless vehicles may not be parked in a visibility triangle as defined in Section
51A-4.602, “Fence, Screening and Visual Obstruction Regulations,” of the Dallas Development
Code.
(i)Dockless vehicles may not be parked within five feet of a crosswalk or curb ramp,
unless given specific permission by the director.
(j)Dockless vehicles may not be parked in a way that blocks:
(1)Transit stops, shelters, or platforms.
(2)Commercial loading zones.
(3)Railroad tracks or crossings.
(4)Passenger loading zones or valet parking service areas.
(5)Disabled parking zones.
(6)Street furniture that requires pedestrian access (for example, benches or
parking pay stations).
(7)Building entryways.
(8)Vehicular driveways.
(k)Dockless vehicles parked along multi-use trails may only be parked at trailheads
or other areas identified by the director.
(l)Dockless vehicles that are parked in an incorrect manner must be re-parked or
removed by the operator within two hours of receiving notice from the director on weekdays
between 6:00 a.m. and 6:00 p.m. (excluding holidays) and within 12 hours of receiving notice
from the director at all other times.
(m)A dockless vehicle that is parked in a residential area may remain in the same
location for up to 48 hours as long as it is parked in accordance with this section. An operator
shall relocate or rebalance a dockless vehicle parked in a residential area after receiving a citizen
request or complaint in accordance with the timeframes specified in Section 43-169(l).
(n)The director may remove and store any dockless vehicle that is left parked at the
same location for seven or more consecutive days if the director has sent the operator a
notification to rebalance the dockless vehicle.
(1)The operator is responsible for the costs of removal and storage.
(2)The director shall invoice the operator for the cost of removal and storage.
Dockless Vehicles - Page 8
(3)Any dockless vehicle that remains unclaimed with the city for 60 days is
subject to sale in accordance with Division 2, “Sale of Unclaimed and Surplus Property,” of
Article IV, “Purchasing,” of Chapter 2, “Administration,” of the Dallas City Code, as amended.
(4)The director may identify designated dockless vehicle parking zones.
Subject to advance approval of the director, an operator may indicate virtual dockless vehicle
parking areas with paint or decals where appropriate in order to guide riders to preferred parking
zones in order to assist with orderly parking of dockless vehicles throughout the city.
(o) Every person riding a dockless vehicle upon the streets of the city shall be subject
to provisions of all laws and ordinances applicable to the operator of any other vehicle, except
those provisions of laws and ordinances which, by their very nature, can have no application;
provided, however, it shall not be unlawful to ride a dockless vehicle on a public sidewalk
anywhere in the city outside of the central business district; said district being formed by the
following street lines:
The south line of Young Street from Houston Street to Lamar Street.
The west line of Lamar Street from Young Street to the DART Rail Corridor.
The north line of the DART Rail Corridor from Lamar Street to I-45.
The west line of I-45 from the DART Rail Corridor to I-30.
The north line of I-30 from I-45 to Exposition Avenue.
The east line of Exposition Avenue from I-30 to CBD Fair Park Link.
The east line of the CBD Fair Park Link from Exposition Avenue to Gaston Avenue.
The north line of Gaston Avenue from the CBD Fair Park Link to Pacific Avenue.
The north line of Pacific Avenue from Gaston Avenue to Pearl Street.
The east line of Pearl Street from Pacific Avenue to Ross Avenue.
The north line of Ross Avenue from Pearl Street to Austin Street.
The west line of Austin Street from Ross Avenue to Pacific Avenue.
The north line of Pacific Avenue from Austin Street to Houston Street.
The west line of Houston Street from Pacific Avenue to Young Street.
Dockless Vehicles - Page 9
(p) Any person riding a dockless vehicle upon a sidewalk shall yield the right- of-way
to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.
SEC. 43-170. INSURANCE REQUIREMENTS.
(a)An operator shall procure and keep in full force and effect no less than the
insurance coverage required by this section through a policy or policies written by an insurance
company that:
(1)is authorized to do business in the State of Texas;
(2)is acceptable to the city; and
(3)does not violate the ownership or operational control prohibition described
in Subsection (e) of this section.
(b)The insured provisions of the policy must name the city and its officers and
employees as additional insureds, and the coverage provisions must provide coverage for any
loss or damage that may arise to any person or property by reason of the operation of a dockless
vehicle.
(c)An operator shall maintain the following insurance coverages:
(1)The commercial general liability insurance must provide single limits of
liability for bodily injury (including death) and property damage of $1 million for each
occurrence, with a $2 million annual aggregate.
(2)If an operator will utilize motor vehicles in its operations, the business
automotive liability insurance must cover owned, hired, and non-owned vehicles, with a
combined single limit for bodily injury (including death) and property damage of $500,000 per
occurrence.
(3)Worker’s compensation insurance with statutory limits.
(4)Employer’s liability insurance with the following minimum limits for
bodily injury by:
(A) accident, $500,000 per each accident; and
(B)disease, $500,000 per employee with a per policy aggregate of
$500,000.
(d)Insurance required under this article must:
Dockless Vehicles - Page 10
(1)include a cancellation provision in which the insurance company is
required to notify the director in writing not fewer than 30 days before cancelling the insurance
policy (for a reason other than non-payment) or before making a reduction in coverage;
(2)include a cancellation provision in which the insurance company is
required to notify the director in writing not fewer than 10 days before cancelling for non-
payment;
(3)cover all dockless vehicles during the times that the vehicles are deployed
or operating in furtherance of the operator’s business;
(4)include a provision requiring the insurance company to pay every covered
claim on a first-dollar basis;
(5)require notice to the director if the policy is cancelled or if there is a
reduction in coverage; and
(6)comply with all applicable federal, state, and local laws.
(e)No person who has a 20 percent or greater ownership interest in the operator may
have an interest in the insurance company.
(f)An operator may not be self-insured.
(g)Any insurance policy required by this article must be on file with the city within
45 days of the issuance of the initial operating authority permit, and thereafter within 45 days of
the expiration or termination of a previously issued policy.
SEC. 43-171. DATA SHARING.
(a) An operator shall cooperate with the city in the collection and analysis of
aggregated data concerning its operations.
(b) An operator shall provide a quarterly report to the director that includes:
(1)Total number of rides for the previous quarter.
(2)Total number of vehicles in service for the previous quarter.
(3)Number of rides per vehicle per day.
(4)Anonymized aggregated data taken by the operator’s dockless vehicles in
the form of heat maps showing routes, trends, origins, and destinations.
(5)Anonymized trip data taken by the operator’s dockless vehicles that
includes the origin and destination, trip duration, and date and time of trip.
Dockless Vehicles - Page 11
(c) An operator shall provide other reports at the director’s request.
SEC. 43-172. VEHICLE FEE.
An operator shall pay a vehicle fee as follows:
Number of Dockless Vehicles Fee
1-100 $2,100
101-200 $4,200
201-300 $6,300
301-400 $8,400
401-500 $10,500
Fee per dockless vehicle in excess of 500 $21
SEC. 43-173. PERFORMANCE BOND OR IRREVOCABLE LETTER OF
CREDIT.
Before issuance of an operating authority permit, the operator shall give the director a
performance bond or an irrevocable letter of credit approved as to form by the city attorney.
(1) A bonding or insurance company authorized to do business in the State of
Texas and acceptable to the city must issue the performance bond. A bank authorized to do
business in the State of Texas and acceptable to the city must issue the irrevocable letter of
credit.
(2) The performance bond or irrevocable letter of credit must list the operator
as principal and be payable to the city.
(3) The performance bond or irrevocable letter of credit must remain in effect
for the duration of the operating authority permit.
(4) The amount of the performance bond or irrevocable letter of credit must
be at least $10,000.
(5) Cancellation of the performance bond or irrevocable letter of credit does
not release the operator from the obligation to meet all requirements of this article and the
operating authority permit. If the performance bond or irrevocable letter of credit is cancelled,
the operating authority permit shall be suspended on the date of cancellation and the operator
shall immediately cease operations until the operator provides the director with a
replacement performance bond or irrevocable letter of credit that meets the requirements of this
article.
Dockless Vehicles - Page 12
(6) The city may draw against the performance bond or irrevocable letter of
credit or pursue any other available remedy to recover damages, fees, fines, or penalties due from
the operator for violation of any provision of this article or the operating authority permit.
SEC. 43-174. ENFORCEMENT.
(a)The director may, with or without notice, inspect any dockless vehicle operating
under this article to determine whether the dockless vehicle complies with this article, rules and
regulations established under this article, or other applicable laws.
(b)The director shall enforce this article. Upon observing a violation of this article or
the rules or regulations established by the director, the director shall take necessary action to
ensure effective regulation of dockless vehicles.
SEC. 43-175. CRIMINAL OFFENSES.
(a)A person commits an offense if he violates or attempts to violate a provision of
this article, or a rule or regulation established by the director under this article, that is applicable
to a person. A culpable mental state is not required for the commission of an offense under this
article unless the provision defining the conduct expressly requires a culpable mental state. A
separate offense is committed each day in which an offense occurs.
(b)Prosecution for an offense under Subsection (a) does not prevent the use of other
enforcement remedies or procedures applicable to the person charged with or the conduct
involved in the offense.”
SECTION 2. That a person violating a provision of this ordinance, upon conviction, is
punishable by a fine not to exceed $500.
SECTION 3. That Chapter 43 of the Dallas City Code shall remain in full force and
effect, save and except as amended by this ordinance.
SECTION 4. That any act done or right vested or accrued, or any proceeding, suit, or
prosecution had or commenced in any action before the amendment or repeal of any ordinance,
or part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or
part thereof, and shall be treated as still remaining in full force and effect for all intents and
purposes as if the amended or repealed ordinance, or part thereof, had remained in force.
SECTION 5. That the terms and provisions of this ordinance are severable and are
governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.
Dockless Vehicles - Page 13
SECTION 6. That this ordinance shall take effect immediately from and after its passage
and publication in accordance with the provisions of the Charter of the City of Dallas, and it is
accordingly so ordained.
APPROVED AS TO FORM:
LARRY E. CASTO, City Attorney
By_________________________________
Assistant City Attorney
Passed______________________________
Dockless Vehicles - Page 14
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1409,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding homelessness initiatives and the proposed
Denton Basic Services Center project made at the August 7, 2018 City Council meeting during Presentations
from Members of the Public.
City of DentonPage 1 of 1Printed on 8/24/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs/IGR Community Development
CM/ DCM/ ACM: Bryan Langley
DATE: August 28, 2018
SUBJECT
Receive a report, hold a discussion, and give staff feedback and direction regarding homelessness initiatives
and the proposed Denton Basic Services Center project made at the August 7, 2018 City Council meeting
during Presentations from Members of the Public.
BACKGROUND
City staff and representatives from the Denton County Homeless Leadership Team (DCHLT) have
presented semi-annual progress updates to City Council on homelessness initiatives with the last
presentations on July 17, 2018; February 13, 2018; and July 25, 2017. Staff is working on a number of
homelessness related initiatives both internally and with the DCHLT members. On July 17, staff received
City Council direction to 1) update the current Memorandum of Understanding with United Way of Denton
County to add a Housing Navigator position with funding of $27,748 for FY18/19 and to 2) develop a scope
of work to restart the Employ-2-Empower program.
Staff has also informed Council recently that a Shelter Planning Workgroup has been formed with the
DCHLT on August 9. The proposed plan and timeline for this group is accelerated (with 30-day, 60-day,
and 90-day goals) and will require dedicated staff time to coordinate the workgroup, assist the agencies
with data collection, compile and analyze data, review operating procedures of the agencies to compare
with best practices and standards of excellence, prepare reports, develop costs and options, and develop
next steps and plans. This work is important to understand the current environment, understand agency
plans for shelter and transitional housing, identify gaps and best practices, and develop options that best
meet the needs. Attached is a summary of the plan and members (Exhibit 3). The first meeting will be held
on Sept. 4. Staff will keep Council informed on the work of this group.
DISCUSSION
Proposed Project Denton Basic Services Center
On Aug. 7, a resident group presented a project proposal (attached as Exhibit 4) to City Council for a tent
encampment/transitional housing project on City property located 1125 N Ruddell St (green box below
with plans to possibly expand to the blue box after a pilot project period).
This presentation was made during the section of the agenda
with no discussion or direction from City Council as a body. Staff would like to provide a preliminary
assessment of what would be required and receive direction from City Council if staff should proceed as
this will likely be a substantial staff effort and could delay many other priorities and projects. Staff will
proceed as directed by City Council.
Staff would need to perform research on similar concepts around the nation to understand their experience.
There are also many differences between the models (tent encampment vs tiny home village) and the
importance to understand those factors, especially if the site is proposed to be on City property and with
City funding and resources.
The following is an example for context only of some of the areas that would need to be clarified,
researched, and analyzed. This is only preliminary as staff has not consulted with all the departments and
specialists to provide a comprehensive overview and analysis.
Planning, Zoning, & Land Use (Community Development, Development Services, Legal) This
would be one of the largest areas for staff and legal analysis. There currently is no allowable land
use or zoning category under the Denton Development Code for the proposed development.
Therefore, a text amendment would be required to the Denton Development Code requiring staff
research and analysis, development of proposed land use regulations, appropriate notices and public
hearings, and consideration by Planning & Zoning and City Council. This process can take several
months to complete.
Staff is currently in the process of working on a comprehensive update to the Denton Development
Code (DDC). As part of this process, staff is proposing the concept of Planned Developments (PD)
and Cluster Developments, where smaller dwelling sizes could be proposed, for review and
consideration by P&Z and City Council as part of the DDC update. Planned Developments would
need to be compatible with nearby land use and be evaluated on a number of criteria, including
adequate facilities for the proposed use. Work on the DDC update will be continuing over the next
few months.
If the property at 1125 Ruddell is desired, a plat would be required to separate the parcel and create
a lot of record.
Site Development and Utility Infrastructure (Community Development, Development Services,
DRC Engineering, Multiple Departments) If zoning and land use can be established, a site plan
with engineering and architectural drawings would need to be submitted by the applicant to the City
for review. The site plan would need to meet the DDC site plan criteria and address factors such as
density, dwelling size, setbacks, distance between structures, utility infrastructure (waste,
wastewater, electric infrastructure), fire access, topography, stormwater and drainage,
street/curbs/sidewalks, lighting, landscaping, tree preservation, screening, etc. The site plan would
to ensure it complies with development codes and standards and allow for a detailed site review.
Building and Fire Codes (Community Development, Building Inspections, Health Inspections,
Fire Department) Staff would need to examine what are the international building codes, fire
codes, and all other applicable code requirements to ensure the health and safety of individuals on
the site as well as surrounding properties. What are the proposed materials and construction sets?
How is fire prevention and suppression addressed? How would Texas and ADA accessibility
statutes be met for access to the site and required number of accessible dwellings?
Health & Sanitation (Community Development, Development Services, Health Inspections, Solid
Waste, Community Improvement Services) Staff would need to evaluate what are the applicable
health codes. How would food be cooked and stored to avoid contamination and comply with
commercial health codes for communal cooking? How would garbage be secured, serviced, and the
associated costs? Are the dwellings air conditioned and heated? How would pet waste be limited to
an area and properly disposed of?
Safety and Security (Community Development, Police Department, Fire Department) Discussion
and review with public safety departments. At what point would private security be recommended
- from the beginning due to number of individuals and density, a threshold with a number of calls,
or severity of an incident. Discussion if an enforcement authorization would be permitted to the
Police Department. Further discussion of what is allowed in the village and proposed rules and
enforcement. At what threshold do individuals not pass the background and are denied entry? Are
weapons allowed? Are guests allowed?
Liability and Risk (Community Development, Risk Management, Legal) This area would require
significant research to articulate to City Council what are the potential risks and liability. Depending
mental function or a proprietary
function with unlimited liability? What risks or liability can be mitigated and what cannot? What
insurance level requirements are recommended? Are there any court rulings or litigation the city
should be aware of? Dependin
rights?
Neighborhood and Community Support (Community Development, Development Services)
Discussion and feedback from the surrounding property owners, neighborhood, and school
representatives in the immediate area. How would staff facilitate these conversations? How would
this feedback be provided and how would Council evaluate and weigh?
Case Management and HMIS (Community Development, UWDC) How would case
management be provided to each resident to address their housing-related barriers such as
employment, health needs, mental health needs, substance abuse, etc? How would individuals be
transported and access other social service centers in the community? Would the village participate
Homeless Information Management System (HMIS)?
service
providers.
Goals and Outcomes (Community Development, UWDC) What is the goal of the village? For
transitional housing or permanent supportive housing? How does that line up with the need based
For other models around the nation, what is the average length
of stay? What are program performance targets?
Potential Impact to Funding The city receives funding from HUD, such as the Emergency
Solutions Grant, to help individuals experiencing homelessness. Staff would need to verify with
HUD without bathrooms or electricity may not
be considered sheltered by HUD. If not, this could risk or impact future ESG or other HUD-related
funding population rises.
Cost and Requested Assistance As the proposed project has requested City assistance, staff
would need to clarify what exactly is being requested from the City. Staff would need to perform a
cost analysis for the proposed project/site to understand one-time costs and all ongoing costs (direct,
indirect, and staff required).
City Plans for Property The larger parcel to the east of Ruddell Street, that the group mentioned
as possibly expanding to, is planned to be used for the Ruddell Street realignment project. See below
photo.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On July 17, 2018, the United Way of Denton County (UWDC) and City staff presented an update and
progress report to City Council on homelessness initiatives from the Denton County Homeless Leadership
team, the City, and community partners.
On February 13, 2018, UWDC presented an update and progress report to City Council on homelessness
initiatives from the Denton County Homeless Leadership Team, and City staff presented research on tent
encampments.
On July 25, 2017, UWDC presented an update and progress report to City Council on homelessness
initiatives from the Denton County Homeless Leadership Team.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.5 Provide support to citizens in need through social service agencies
and programs
EXHIBITS
1. Agenda Information Sheet
2. Presentation
3. DCHLT Shelter Planning Workgroup Summary
4. Denton Basic Services Center Proposal
Respectfully submitted:
Sarah Kuechler
Director of Public Affairs
Dani Shaw
Human Services Coordinator
SCOPE OF WORK:
Denton County Homelessness Leadership Team Scope of Work
Purpose:
Assess current environment and determine direction for the future of Emergency Shelter services for people
experiencing homelessness in Denton County. Consider local needs and capacity to implement sustainable and
safe housing solutions for sheltered and unsheltered populations in Denton County. (cold months)
Tentative Timeline:
th
First Meeting: Tuesday, September 4
rd
Second Meeting: Wednesday, October 3
th
Third Meeting: Wednesday, November 7
Action Plan:
30 Days Assess Current Environment
o Local Data (shelter capacity, shelter utilization, sheltered and unsheltered population numbers)
o tered
population
o Review best/emerging practices for effective emergency shelters and services to assist people
experiencing homelessness in becoming housed
60 Days Shelter Improvement Planning
o Discuss long-term plans of local shelters and organizations that serve people experiencing
homelessness;
o Identify opportunities to reduce barriers to shelter and collaboratively develop a quick-action
shelter improvement plan for public consumption and shelter adaptation
o Outline metrics to track shelter improvement (percentage of homeless population with access
to shelter, shelter bed capacity, shelter stayers assisted with developing a housing plan,
percentage of shelter stayers exiting to temporary or permanent housing solutions)
o Consider implications of steps taken on the county as a whole
90 Days Lower Barriers to Shelter & Housing
o Increase access to shelter (transportation; lower shelter eligibility criteria; security costs for
shelters; volunteer capacity to accommodate longer or more frequent open-hours); Identify
ways cities may assist in lowering barriers; Shelter staff provide housing-focused case
management and develop individualized housing plans with shelter stayers within five days of
shelter stay; Increase opportunities for staff training
Contributing Partners:
City of Lewisville Giving Hope, Inc. (Street Outreach)
City of Denton Lewisville PD
Community Advocates Little Elm PD
Denton County Friends of the Family Monsignor King Outreach Center
Denton County Homelessness Leadership Our Daily Bread Meal & Resource Center
Team (United Way of Denton County as
Salvation Army Denton Shelter
backbone support)
Salvation Army Lewisville
Denton PD
Vision Ministries
Denton Basic Services Center
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1422,Version:1
AGENDA CAPTION
DeliberationsregardingRealProperty-TexasGovernmentCodeSection551.072;ConsultationwithAttorneys
-TexasGovernmentCodeSection551.071;ConsultationwithAttorneys-UnderTexasGovernmentCode
Section 551.07.
Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtotheLease
AgreementbetweentheCityandAmericanBiosource,LLC,datedJanuary7,2014andapprovedand
authorizedbyOrdinanceNo.2014-020(“LeaseAgreement”).Discuss,deliberate,andreceiveinformationfrom
theCity’sattorneysandprovidetheCity’sattorneyswithdirectionregardinglegalissuesassociatedwiththe
LeaseAgreementwhereapublicdiscussionoftheselegalmatterswouldconflictwiththedutyoftheCity’s
attorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessional
ConductoftheStateBarofTexas,orwouldjeopardizetheCity'slegalpositioninanyadministrative
proceeding or potential litigation.
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Legislation Text
File #:ID 18-1073,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteanInvestmentAdvisorycontractwithFirstSouthwestAsset
Management,LLC;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP6695-
awarded to First Southwest Asset Management, LLC, in the two (2) year not-to-exceed amount of $60,000).
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Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: August 28, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute an Investment Advisory contract with First Southwest Asset
Management, LLC; providing for the expenditure of funds therefor; and providing an effective date (RFP
6695- awarded to First Southwest Asset Management, LLC, in the two (2) year not-to-exceed amount of
$60,000).
RFP INFORMATION/ BACKGROUND
investment advisory contract is guided by the Public Funds Investment Act (PFIA), which allows
a contract term of no longer than two years and requires a City Council ordinance to renew or extend the
agreement. The current contract with FSAM expired on May 31, 2018.
Although contracts for professional services are exempt from competitive bidding requirements, City
Staff opted to participate in the Request for Proposal (RFP) process to ensure the City is receiving the best
service option at competitive pricing. Requests for Proposals were sent to 116 prospective suppliers of
this service. In addition, specifications were placed on the Materials Management website for prospective
suppliers to download and advertised in the local newspaper. Five (5) proposals were received and
evaluated based upon published criteria including experience, compliance with specifications, probable
performance and price. Based upon this evaluation, First Southwest Asset Management, LLC was ranked
the highest and determined to be the best value for the City (Exhibit 2).
The RFP 6695 review committee found Patterson Capital Management, Public Trust Management, and
Valley View Consulting serve a smaller size client when compared to the City of Denton. The committee
found the size difference to range from 10% to 50% when compared to the size of the City of Denton.
(Comparisons used either portfolio size or government-wide revenues as of 9/30/2018)
Portfolio Performance when compared
to the City of Denton. This comparison was performed by researching the reference Cities to determine if
they published Investment Reports that disclosed a total portfolio yield to maturity (YTM). We then
compared the YTThe
Patterson Capital Management Firm was found to have two reference clients that publish Investment
Reports. We found the YTM difference of eight points for one reference and 13.5 points for the second
reference both The Valley View Consulting firm had one reference City
that published its Investment Report and the disclosed portfolio YTM was two points below the City of
The Patterson Capital Management, Valley View Consulting, and TCG Advisors firms did not provide firm
financial statements. The committee did not deduct points for providing RFP details but did score a -0- in
the financial resources area of probable performance.
The final component of probable performance is the ability to provide service. The Patterson Capital
Management firm has four employees. This caused a reduction of two points in the score. The Valley View
Consulting firm has eight employees. The committee awarded one less point for the smaller size staff.
In the final tabulation, First Southwest Asset Management (FSAM) scored the winning score of 96 for RFP
6695. The evaluation scorecard is attached for your review.
FSAM brings numerous advantages to the fiduciary investment relationship with the City. One important
benefit has been the access to security offerings provided by their extensive broker/dealer network of 30
participants. FSAM is unique among investment advisors in their ability to offer their clients a large number
of security offerings made possible through the use of Hilltop Securities, Inc. (formerly, First Southwest
Company) clearing operation. The securities clearing operation eliminates the need for the City to maintain
active accounts at each individual broker/dealer while allowing it access to all 30 broker/dealer inventories
under the Hilltop account. This provides the City access to many more security offerings than would
otherwise be possible from most other investment advisors and allows FSAM to find the most competitively
priced securities for their clients amongst a broad array of market participants. FSAM is in the market daily
due to a large number of assets under management ($12.3 billion) which, in turn, helps facilitate competitive
pricing from their broker/dealer network. All security purchases and sales for the City are conducted on a
documented competitive basis with FSAM required to show the three most competitive offers or bids. They
are also required by the City to remit random broker/dealer tickets for review on a quarterly basis. The City
currently holds more than 71 positions in its portfolio with a valuation of approximately $608 million.
Other benefits of the FSAM relationship include:
1) Provision of a daily market newsletter which supplies pricing information and trends for varying
types of securities at different maturity levels which aids staff in planning security purchases.
2) Access to timely market data, pricing, and inventories through their Bloomberg terminals.
3) Assistance with special requests and research projects such as collateral valuation, money
market fund/pool comparisons, investment accounting questions, U.S. government agency and
commercial paper issuer research, investment policy modifications, etc.
4)
participate.
5) Attendance at staff-held quarterly investment committee meetings to discuss economic trends,
interest rates, and investment strategies.
6) Participation in the new issue and secondary market municipal securities offerings when the
market presents opportunities to increase spreads over comparable Treasuries and agencies.
7) Detailed quarterly economic and market analysis, as well as daily e-mail notifications as events
unfold.
City Staff has confirmed that there is not another firm in the marketplace that can provide a better
combination of value, expertise, and access for investment advisory services. As a result, on June 6, 2018,
the staff composed investment committee unanimously recommended approval of the FSAM contract.
RECOMMENDATION
Award a contract with First Southwest Asset Management, LLC, for Investment Advisory service for the
City of Denton, in a two (2) year not-to-exceed amount of $60,000.
PRINCIPAL PLACE OF BUSINESS
First Southwest Asset Management, LLC
Austin, Texas
ESTIMATED SCHEDULE OF PROJECT
This is an initial two (2) year contract. The City and the Awarded Contractor shall have the option to renew
this contract for an additional two (2) year period, which will require the approval of the City Council.
FISCAL INFORMATION
These services will be funded from account 160099.7879. Requisition #138943 has been entered into the
Purchasing software system in the amount of $30,000. The budgeted amount for this item is $60,000.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Antonio Puente, Jr. at 940-349-7283
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INVESTMENT
ADVISORY CONTRACT WITH FIRST SOUTHWEST ASSET MANAGEMENT, LLC;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 6695- AWARDED TO FIRST SOUTHWEST ASSET MANAGEMENT,
LLC, IN THE TWO (2) YEAR NOT-TO-EXCEED AMOUNT OF $60,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
Investment Advisory Services for the City of Denton in accordance with the procedures of State law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
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
6695 First Southwest Asset Management, LLC $60,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1220,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDentonconfirmingtheBoardofEthics’rulesofprocedureas
required by the Code of Ordinances, Chapter 2, Article XI, Section 2-277(k); and providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:
CM/ DCM/ ACM: Bryan Langley
DATE: August 28, 2018
SUBJECT
as required by the Code of Ordinances, Chapter 2, Article XI, Section 2-277(k); and providing an effective
date.
BACKGROUND
On November 14, 2017, the City Council directed staff to hire attorney Alan Bojorquez to assist in the
creation of an ethics ordinance. This process of drafting an ethics ordinance was completed over a series of
eight (8) public work sessions, four (4) public hearings, and a total of over twenty (20) hours of
deliberations. The Ethics Ordinance No. 18-757 was adopted by City Council on May 1, 2018 and became
effective on May 15, 2018. Adoption of rules of procedure is a requirement of the Ethics Ordinance listed
in Section 2-277(k) and are subject to confirmation by the City Council. Rules of procedure are meant to
be a procedural guide for conducting proceedings.
Alan Bojorquez created an initial draft of rules of procedure that was discussed with the Board of Ethics on
July 31 and received direction to make additional modifications. A revised draft was approved by the Board
of Ethics on August 13, 2018. The ordinance included as Exhibit 2 contains the rules of procedure as
attacincorporates sections for general rules, meeting procedures,
advisory opinions, preliminary assessments, and hearing procedures. A majority of the Board of Ethics
discussion regarding the rules of procedure focused on the hearing procedures and specifically the topics
regarding recusals, evidence and witnesses, subpoenas, burden of proof, and alternate members. A
presentation was made by attorney Alan Bojorquez during the City Council Work Session on August 21,
2018. This item is to consider adoption of an ordinance confirming the Board of Ethics rules of procedure.
ESTIMATED SCHEDULE OF PROJECT
The City Council requested that the Board of Ethics be empaneled and ready to begin hearing complaints
by September 1, 2018. There are certain provisions that have been tolled in the Ethics Ordinance until such
time as the Board is empaneled and the rules of procedure are confirmed by City Council. If City Council
approves the rules of procedures for the Board of Ethics on August 28, 2018 then the ordinance would be
effective immediately and the Board could begin hearing complaints.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 7, 2017- An election was held to vote on propositions amending the Charter.
May 1, 2018- An Ethics Ordinance was adopted by City Council.
July 17, 2018- City Council appointed the Board of Ethics members.
July 31, 2018- Board of Ethics meeting with deliberation of the rules of procedure.
August 7, 2018- An additional alternative member was appointed to the Board of Ethics.
August 13, 2018- The Board of Ethics approved the rules of procedures.
August 21, 2018- A presentation of the rules of procedure was made during the City Council Work
Session.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
EXHIBITS
Exhibit 1- Agenda Information Sheet
Exhibit 2- Rules of Procedure Ordinance
Respectfully submitted:
Bryan Langley
Deputy City Manager
Prepared by:
Charlie Rosendahl
Management Analyst
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1345,Version:1
AGENDA CAPTION
ConsiderapprovalofaresolutionbytheCityofDentonauthorizingtheCityManager,ordesignee,toaccept
theDomesticandSexualViolenceInitiativeGrant(GrantNo.2016-VF-GX-K024)intheamountof
$450,000.00fromtheInternationalAssociationofChiefsofPolicethoughagrantfromtheUSDepartmentof
JusticeOfficeofJusticePrograms;fortheperiodofJanuary1,2018throughSeptember30,2019;and
providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Todd Hileman
DATE: August 28, 2018
SUBJECT
Consider approval of a Resolution by the City of Denton, Texas, authorizing the City Manager or designee
to accept the Domestic and Sexual Violence Initiative Grant (Grant No. 2016-VF-GX-K024) in the amount
of $450,000.00 from the International Association of Chiefs of Police through a grant from the US
Department of Justice Office of Justice Programs; for the period of January 1, 2018 through September 30,
2019; and providing an effective date.
BACKGROUND
The City of Denton has been awarded funding in the amount of $450,000 for the Domestic and Sexual
Violence Initiative Grant administered by the International Association of Chiefs of Police (IACP) with
funds awarded from the US Department of Justice Office of Justice Programs. The grant is designed to
improve the victim-centered responses from the Denton Police Department with respect to domestic and
sexual violence. The IACP will also deliver specialized training department-wide for sworn personnel at
the Denton Police Department.
This award will be used to fund:
Full salary and benefits for one (1) sexual assault investigator
Percentage of salary reimbursement for supervisory staff over the Criminal Investigations Division
Community partnership with the Denton County Friends of the Family (FOF) to serve as the primary
community based advocate
Travel/training related expenses approved by the Office of Violence Against Women (OVW) part
of the US Department of Justice Office of Justice Programs for patrol officers, family services
investigators and one (1) civilian advocate pertaining to crimes involving family and sexual violence
RECOMMENDATION
Staff recommends the Council approve this resolution.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The IACP contract and the sub recipient contract for FOF have been submitted to the city attorneys and
vetted for signing. The IACP contract was signed out of sequence by the CM under the belief Council had
already approved the grant. This was an oversight by the Police Department.
FISCAL INFORMATION
International Association of Chiefs of Police Reimbursement Grant Fund - $450,000, see exhibit 5
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Resolution
Exhibit 3 - Sub Recipient Contract - Denton County Friends of the Family
Exhibit 4 - Funding Explanation
Respectfully submitted:
Bobby D. Smith, Jr.
Interim Chief of Police
Prepared by:
Chris Summitt
Deputy Chief
EXHIBIT 5
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE REIMBURSEMENT GRANT
JANUARY 1, 2018 SEPTEMBER 30, 2019
REVENUE
Description Amount
Salary & Fringe Benefits
(includes: Deputy Chief, Investigations Lieutenant
Family Services Sergeant, Sexual Assault Investigator)* 210,296
Supplies
(Monitor and Phone) 864
Travel and Training 196,147
Outside Contract Service
(Sub-recipient - Denton County Friends of the Family) 39,395
Total $446,702
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1349,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,approvingaCitysponsorshipofin-kindservicesand
resourcesinanamountnottoexceed$1,000fortheDentonFireTraditionsCalendarFundraiseronSaturday,
October 13, 2018; and providing an effective date.
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Exhibit 1
City of Denton
City Hall
215 E. McKinney St.
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Fire
CM: Todd Hileman
DATE: August 28, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, approving a City sponsorship of in-kind services
and resources in an amount not to exceed $1,000 for the Denton Fire Traditions Calendar Fundraiser on
Saturday, October 13, 2018; and providing an effective date.
BACKGROUND
Denton Fire Traditions, a nonprofit 501(c) 3 organization supports the Denton Fire Department by
organizing and funding the Denton Firefighters Banquet held in January of each year. The banquet is
focused on honoring and recognizing employees of the Denton Fire Department for their heroic acts,
community service, longevity, promotions, retirements, and introduction of new employees. The banquet
is for all firefighters, their families, and special guests.
Denton Fire Traditions is requesting the use of department apparatuses and equipment to appear in
photographs alongside community business leaders for a first time calendar fundraiser to benefit the annual
awards banquet. This new fundraiser is proposed for Saturday, October 13, 2018 and expects to raise
approximately $12,000.00 for the annual awards banquet. In exchange for the support the City of Denton
will be considered to be an event sponsor of the event at a sponsorship level equal to the value of the in-
kind service tendered.
RECOMMENDATION
Staff recommends approval.
FISCAL INFORMATION
If approved, the City will provide in-kind services and resources in an amount not to exceed $1,000 to
provide the use of department apparatuses to appear in the Denton Fire Traditions Calendar Fundraiser on
Saturday, October 13, 2018. Requests where City facilities, services, or resources are requested for free or
at a reduced rate require City Council approval.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Liveable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.4 Provide outstanding leisure, cultural, and
educational opportunities
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance
Exhibit 3 Letter of Request
Respectfully submitted:
Kenneth Hedges
Fire Department, Fire Chief
Prepared by:
Christine Taylor
Fire Administration Manager
Exhibit 2
Exhibit 3
July 31, 2018
Chief Hedges,
I am writing on behalf of Denton Fire Traditions, a separate 501 (c) 3 non-profit entity that
raises money to support the annual Denton Fire Department Awards banquet. The non-profit
was founded in 2016 to fund the department’s annual banquet, an event in which members of the
Denton Fire Department are recognized for their heroic acts, community service, longevity,
promotions, retirements and introduction of new employees. This night culminates with the
honoring firefighter of the year.
Denton Fire Traditions board members are dedicated to making a memorable evening for all
firefighters, their families, and special guests. The banquet is funded through event ticket sales
purchased by employees and their families who attend the event, and the remaining funds are
raised through donations from community businesses and fundraising events.
The proposed fundraiser to support the 2019 banquet is a calendar featuring community business
leaders alongside Denton Fire Department apparatuses. The intention is to approach business
leaders and corporations within the City of Denton to sell calendar space for $1,000.00 per
featured business. In turn, the business or corporation would be featured by month in the
calendar alongside a Denton Fire Department apparatus from the district in which they reside.
The calendars would be available for purchase by Denton Fire Traditions to the general public.
In addition to raising funds, the board sees this as an excellent opportunity to build new and
positive relationships within the community.
In order to move forward with this fundraiser, Denton Fire Traditions respectfully requests
permission to allow City of Denton Fire Department apparatuses and equipment to be
photographed for the calendar. All final photographs will be subject to your review and approval
before published in the calendar, and will not be used for any other purpose.
On behalf of Denton Fire Traditions, we thank you for consideration of this request.
Sincerely,
Jared Hornback, President
Denton Fire Traditions
Denton Fire Traditions
332 E. Hickory
Denton, TX 76201
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1376,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas amending the Code of Ordinances related to
Chapter 2, titled “Administration,” Article II, titled “Administrative Organization” Section 2-29(h) titled
“Creation of Committees, Boards and Commissions,” to clarify that citizen boards, commissions, committees,
task forces and ad hoc boards, commissions, and committees are all subject to the procedural requirements of
the Texas Open Meetings Act; providing for findings of fact; providing severability; providing codification;
confirming proper notice and meeting; and providing for an effective date.
City of DentonPage 1 of 1Printed on 8/24/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:
DCM: Bryan Langley
DATE: August 28, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending the Code of Ordinances related
to -29(h)
Creation of Committees, Boards and Commissions, to clarify that citizen boards, commissions,
committees, task forces and ad hoc boards, commissions, and committees are all subject to the procedural
requirements of the Texas Open Meetings Act; providing for findings of fact; providing severability;
providing codification; confirming proper notice and meeting; and providing for an effective date.
BACKGROUND
The City Council requested clarification on TOMA requirements for ad hoc committees and citizen task
forces. Staff has researched this matter and confirmed that, per state statute, Council appointed
committees which are purely advisory in nature are not required to adhere to TOMA as a general rule,
.
Governing bodies, including those at the municipal level, have the authority to require advisory
committees to adhere to TOMA if they deem necessary. In the past, staff has understood that it was the
all ad hoc committees and citizen
task forces in an effort to promote transparency.
During the August 7, 2018 City Council Work Session, the City Council provided direction for staff to
apply the procedural requirements of TOMA to all citizen boards, commissions, committees, task forces
and ad hoc groups via an amendment to the Code of Ordinances and a resolution amending the Handbook
for Boards, Commissions, and Council Committees.
The proposed Code of Ordinances amendment states that the procedural requirements of TOMA apply to
all citizen boards, commissions, and committees and clarifies that the penalty provisions of TOMA only
apply to citizen boards and commissions with rule making or quasi-judicial power. The Code of
Ordinances amendment also clarifies that all citizen boards, commissions, committees, task forces, as well
as ad hoc boards, commissions, and committees are required to comply with the operational procedures
set forth in the Denton Handbook for Boards, Commissions, and Committees and the records maintenance
.
The proposed Code of Ordinances and handbook revisions would provide necessary documentation to
clarify that the procedural requirements of TOMA should be applied to all boards, commissions,
committees, task forces, and ad hoc groups. The revisions would have a negligible operational impact
because the majority of current boards, commissions, and advisory committees adhere to the procedural
requirements of TOMA.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
EXHIBITS
Exhibit 1-Agenda Information Sheet
Exhibit 2-August 7 Work Session Presentation
Exhibit 3-Ordinance
Exhibit 4-Code of Ordinances Amendment Redline
Respectfully submitted:
Bryan Langley
Deputy City Manager
Prepared by:
Rachel Wood
Assistant to the City Manager
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF
ORDINANCES, RELATED TO CHAPTER 2, ADMINISTRATION,ARTICLE
II, ADMINISTRATIVE -29(h) TITLED
, BOARDS AND COMMISSIONS, PROVIDING FOR
FINDINGS OF FACT; PROVIDING SEVERABILITY; PROVIDING CODIFICATION;
CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton have expressed a concern about
whether the Texas Open Meetings Act applies to citizen boards, commissions and committees as
well as citizen task forces and ad hoc boards, commissions and committees and desire to address
the concern; and
WHEREAS, the City Council desires to facilitate citizen access and enhance transparency
regarding the business of the city government; and
WHEREAS, the City Council deem it to be in the best interest of the City of Denton to
apply the procedural Texas Open Meetings Act requirements to all citizen boards, commissions
and committees as well as citizen task forces and ad hoc boards, commissions and committees;
and
WHEREAS, the City Council finds the attached amendment reasonable, necessary, and
compliant with the intent of the City Council in drafting the Administration Chapter; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this
Ordinance by reference as findings of fact as if expressly set forth herein.
SECTION 2. AMENDMENT. That the Code of Ordinances, Denton, Texas, is hereby
amended by revising Chapter 2 Article II, Section 2-29(h), which said section reads as provided
in Attachment A, attached hereto and incorporated into this Ordinance for all intents and purposes.
SECTION 3. REPEALER. To the extent reasonably possible, Ordinances are to be read
together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent
with any provision of this Ordinance, and the provisions of this Ordinance shall be and remain
controlling as to the matters regulated, herein.
SECTION 4. SEVERABILITY. Should any of the clauses, sentences, paragraphs,
sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court
of law or administrative agency with jurisdiction over the matter, such action shall not be construed
to affect any other valid portion of this Ordinance.
SECTION 5. CODIFICATION. The City Secretary is hereby directed to record and
publish the attached rule, regulation, and policy
Section 52.001 of the Texas Local Government Code.
SECTION 6. EFFECTIVE DATE. This ordinance shall become effective immediately
upon its passage and approval.
SECTION 7. PROPER NOTICE & MEETING. It is hereby officially found and
determined that the meeting at which this Ordinance was passed was open to the public, and that
public notice of the time, place, and purpose of said meeting was given as required by the Open
Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by
Chapter 52 of the Texas Local Government Code.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________, the ordinance was passed and approved by
the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
CITY OF DENTON
CODE OF ORDINANCES
CHAPTER 2: ADMINISTRATION
ARTICLE II. ADMINISTRATIVE ORGANIZATION
DIVISION 1. GENERAL
Sec. 2-29. City council rules of procedure.
(h) Creation of committees, boards and commissions.
(1) Council committees: The council may, by resolution and as the need arises, authorize the
appointment of council committees. Any committee so created shall cease to exist when abolished
by resolution of the council. Council committees shall comply with the Texas Open Meetings Act.
(2) Citizen boards, commissions, and committees: The council may create other citizen boards,
commissions, and committees to assist in the conduct of the operation of the city government with
such duties as the council may specify not inconsistent with the City Charter or Code. Creation of
such boards, commissions, and committees and memberships and selection of members shall be
by council resolution if not otherwise specified by the City Charter or Code. Any board,
commission, or committee so created shall cease to exist when abolished by a resolution approved
by the council. No committee so appointed shall have powers other than advisory to the council or
to the city manager, except as otherwise specified by the Charter or Code. All citizen boards,
commissions, and committees shall comply with the procedural requirements of the Texas Open
Meetings Act. ,
includes citizen task forces and citizen ad hoc boards, commissions, and committees unless
otherwise indicated herein.
(3) Appointments:
a. Individual city council members making nominations for members to citizen boards,
commissions, and committees will consider interested persons on a citywide basis.
b. The city council will make an effort to be inclusive of all segments of the community in the
board, commission, and committee appointment process. City council members will consider
ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation
of Denton citizens.
c. The city council will take into consideration an individual's qualifications, willingness to serve,
and application information in selecting nominations for membership to each board,
commission, and committee.
d. In an effort to ensure maximum citizen participation, city council members will continue the
general practice of nominating new citizens to replace board members who have served three
(3) consecutive terms on the same board per the provisions of Denton Code of Ordinances,
section 2-65. This provision does not apply to citizen task forces and citizen ad hoc
committees.
e. Each city council member will be responsible for making nominations for board, committee,
and commission places assigned to him or her, which shall correspond to the city council
member's place. Individual city council members will make nominations to the full city council
for the governing body's approval or disapproval.
(4) Rules of procedure:
ğ͵ All board, commission, and committee members, including citizen board, commission, and
committee members, shall comply with the provisions of article II of chapter 2 of the Code
of Ordinances. All board, commission and committee members, including citizen board,
commission, and committee members, shall be provided a copy of these rules of procedure
and a copy of the City of Denton Handbook for Boards, Commissions and Committees,
which shall govern operational procedures of all boards, commissions and committees,
including citizen boards, commissions, and committees. All boards, commissions, and
committees, including citizen boards, commissions and committees, shall comply with these
rules as to the preparation of minutes of meetings, and such minutes shall be prepared in
accordance with the policies and procedures of the city secretary.
b. All citizen board, commission, and committee members shall comply with the procedural
requirements of the
they appear now or may be amended in the future. Notice of all meetings
shall be posted in compliance with the Texas Open Meetings Act and minutes and records
will be mainta Each
citizen board, commission, and committee member shall be provided a copy of the Texas
Open Meetings Act. Penalty provisions of the Texas Open Meetings Act shall only apply to
citizen boards, commissions, and committees with rule making or quasi-judicial power, as
set forth in the Texas Open Meetings Act and as interpreted by Texas Courts.
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CODE OF
ORDINANCES, RELATED TO CHAPTER 2, ADMINISTRATION,ARTICLE
II, ADMINISTRATIVE -29(h) TITLED
, BOARDS AND COMMISSIONS, PROVIDING FOR
FINDINGS OF FACT; PROVIDING SEVERABILITY; PROVIDING CODIFICATION;
CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton have expressed a concern about
whether the Texas Open Meetings Act applies to citizen boards, commissions and committees as
well as citizen task forces and ad hoc boards, commissions and committees and desire to address
the concern; and
WHEREAS, the City Council desires to facilitate citizen access and enhance transparency
regarding the business of the city government; and
WHEREAS, the City Council deem it to be in the best interest of the City of Denton to
apply the procedural Texas Open Meetings Act requirements to all citizen boards, commissions
and committees as well as citizen task forces and ad hoc boards, commissions and committees;
and
WHEREAS, the City Council finds the attached amendment reasonable, necessary, and
compliant with the intent of the City Council in drafting the Administration Chapter; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this
Ordinance by reference as findings of fact as if expressly set forth herein.
SECTION 2. AMENDMENT. That the Code of Ordinances, Denton, Texas, is hereby
amended by revising Chapter 2 Article II, Section 2-29(h), which said section reads as provided
in Attachment A, attached hereto and incorporated into this Ordinance for all intents and purposes.
SECTION 3. REPEALER. To the extent reasonably possible, Ordinances are to be read
together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent
with any provision of this Ordinance, and the provisions of this Ordinance shall be and remain
controlling as to the matters regulated, herein.
SECTION 4. SEVERABILITY. Should any of the clauses, sentences, paragraphs,
sections, or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court
of law or administrative agency with jurisdiction over the matter, such action shall not be construed
to affect any other valid portion of this Ordinance.
SECTION 5. CODIFICATION. The City Secretary is hereby directed to record and
publish the attached rule, regulation, and policy
Section 52.001 of the Texas Local Government Code.
SECTION 6. EFFECTIVE DATE. This ordinance shall become effective immediately
upon its passage and approval.
SECTION 7. PROPER NOTICE & MEETING. It is hereby officially found and
determined that the meeting at which this Ordinance was passed was open to the public, and that
public notice of the time, place, and purpose of said meeting was given as required by the Open
Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by
Chapter 52 of the Texas Local Government Code.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________, the ordinance was passed and approved by
the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2018.
__________________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
CITY OF DENTON
CODE OF ORDINANCES
CHAPTER 2: ADMINISTRATION
ARTICLE II. ADMINISTRATIVE ORGANIZATION
DIVISION 1. GENERAL
Sec. 2-29. City council rules of procedure.
(h) Creation of committees, boards and commissions.
(1) Council committees: The council may, by resolution and as the need arises, authorize the
appointment of council committees. Any committee so created shall cease to exist when abolished
by resolution of the council. Council committees shall comply with the Texas Open Meetings Act.
(2) Citizen boards, commissions, and committees: The council may create other citizen boards,
commissions, and committees to assist in the conduct of the operation of the city government with
such duties as the council may specify not inconsistent with the City Charter or Code. Creation of
such boards, commissions, and committees and memberships and selection of members shall be
by council resolution if not otherwise specified by the City Charter or Code. Any board,
commission, or committee so created shall cease to exist when abolished by a resolution approved
by the council. No committee so appointed shall have powers other than advisory to the council or
to the city manager, except as otherwise specified by the Charter or Code. All citizen boards,
commissions, and committees shall comply with the procedural requirements of the Texas Open
Meetings Act. ,
includes citizen task forces and citizen ad hoc boards, commissions, and committees unless
otherwise indicated herein.
(3) Appointments:
a. Individual city council members making nominations for members to citizen boards,
commissions, and committees will consider interested persons on a citywide basis.
b. The city council will make an effort to be inclusive of all segments of the community in the
board, commission, and committee appointment process. City council members will consider
ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation
of Denton citizens.
c. The city council will take into consideration an individual's qualifications, willingness to serve,
and application information in selecting nominations for membership to each board,
commission, and committee.
d. In an effort to ensure maximum citizen participation, city council members will continue the
general practice of nominating new citizens to replace board members who have served three
(3) consecutive terms on the same board per the provisions of Denton Code of Ordinances,
section 2-65. This provision does not apply to citizen task forces and citizen ad hoc
committees.
e. Each city council member will be responsible for making nominations for board, committee,
and commission places assigned to him or her, which shall correspond to the city council
member's place. Individual city council members will make nominations to the full city council
for the governing body's approval or disapproval.
(4) Rules of procedure:
ğ͵ All board, commission, and committee members, including citizen board, commission, and
committee members, shall comply with the provisions of article II of chapter 2 of the Code
of Ordinances. All board, commission and committee members, including citizen board,
commission, and committee members, shall be provided a copy of these rules of procedure
and a copy of the City of Denton Handbook for Boards, Commissions and Committees,
which shall govern operational procedures of all boards, commissions and committees,
including citizen boards, commissions, and committees. All boards, commissions, and
committees, including citizen boards, commissions and committees, shall comply with these
rules as to the preparation of minutes of meetings, and such minutes shall be prepared in
accordance with the policies and procedures of the city secretary.
b. All citizen board, commission, and committee members shall comply with the procedural
requirements of the
they appear now or may be amended in the future. Notice of all meetings
shall be posted in compliance with the Texas Open Meetings Act and minutes and records
will be mainta Each
citizen board, commission, and committee member shall be provided a copy of the Texas
Open Meetings Act. Penalty provisions of the Texas Open Meetings Act shall only apply to
citizen boards, commissions, and committees with rule making or quasi-judicial power, as
set forth in the Texas Open Meetings Act and as interpreted by Texas Courts.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1377,Version:1
AGENDA CAPTION
ConsiderapprovalofaresolutionoftheCityCounciloftheCityofDenton,Texas,amendingResolutionNo.
2015-023regardingtheDentonHandbookforBoards,Commissions,andCouncilCommitteestoclarifythat
citizenboards,commissions,committees,taskforcesandadhocboards,commissions,andcommitteesareall
subjecttotheproceduralrequirementsoftheTexasOpenMeetingsAct;clarifyingwhichsectionsoftheDenton
HandbookforBoards,Commissions,andCouncilCommitteesareapplicabletocitizenboards,commissions,
committees, task forces and ad hoc committees; and declaring an effective date.
City of DentonPage 1 of 1Printed on 8/24/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:
DCM: Bryan Langley
DATE: August 28, 2018
SUBJECT
Consider adoption of a resolution of the City Council of the City of Denton, Texas, amending Resolution
No. 2015-023 regarding the Denton Handbook for Boards, Commissions, and Council Committees to
clarify that citizen boards, commissions, committees, task forces and ad hoc boards, commissions, and
committees are all subject to the procedural requirements of the Texas Open Meetings Act; clarifying
which sections of the Denton Handbook for Boards, Commissions, and Council Committees are
applicable to citizen boards, commissions, committees, task forces and ad hoc committees; and declaring
an effective date.
BACKGROUND
The City Council requested clarification on TOMA requirements for ad hoc committees and citizen task
forces. Staff has researched this matter and confirmed that, per state statute, Council appointed
committees which are purely advisory in nature are not required to adhere to TOMA as a general rule,
unless the City Council routinely a.
Governing bodies, including those at the municipal level, have the authority to require advisory
committees to adhere to TOMA if they deem necessary. In the past, staff has understood that it was the
all ad hoc committees and citizen
task forces in an effort to promote transparency.
During the August 7, 2018 City Council Work Session, the City Council provided direction for staff to
apply the procedural requirements of TOMA to all citizen boards, commissions, committees, task forces
and ad hoc groups via an amendment to the Code of Ordinances and a resolution amending the Handbook
for Boards, Commissions, and Council Committees.
The proposed handbook revisions state that the provisions outlined in the handbook apply to all appointed
citizen boards, commissions, committees, and task forces, as well as ad hoc boards, commissions, and
committees, unless otherwise stated. Exceptions for ad hoc boards and citizen task forces include
provisions such as service limitations and training requirements, these exceptions are noted in the
Membership Information section of the handbook.
The proposed Code of Ordinances and handbook revisions would provide necessary documentation to
clarify that the procedural requirements of TOMA should be applied to all boards, commissions,
committees, task forces, and ad hoc groups. The revisions would have a minimal operational impact
because the majority of current boards, commissions, and advisory committees adhere to the procedural
requirements of TOMA.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
EXHIBITS
Exhibit 1-Agenda Information Sheet
Exhibit 2-August 7 Work Session Presentation
Exhibit 3-Handbook Amendment Resolution
Exhibit 4-Handbook Amendment Redline
Respectfully submitted:
Bryan Langley
Deputy City Manager
Prepared by:
Rachel Wood
Assistant to the City Manager
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AMENDING
RESOLUTION NO. 2015-023 REGARDING THE DENTON HANDBOOK FOR BOARDS,
COMMISSIONS, AND COUNCIL COMMITTEES TO CLARIFY THAT CITIZEN BOARDS,
COMMISSIONS, COMMITTEES, TASK FORCES AND AD HOC BOARDS,
COMIMISSIONS, AND COMMITTEES ARE ALL SUBJECT TO THE PROCEDURAL
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; CLARIFYING WHICH
SECTIONS OF THE DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND
COUNCIL COMMITTEES ARE APPLICABLE TO CITIZEN BOARDS, COMMISISONS,
COMMITTEES, TASK FORCES AND AD HOC COMMITTEES; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Denton Handbook for Boards, Commissions, and Council Committees
provides operational and procedural requirements for boards, commissions, and committees; and
WHEREAS, City Council has requested clarification regarding whether provisions such as
the Texas Open Meetings Act, apply to citizen boards, commissions, and committees, as well as
citizen task forces, and ad hoc boards, commissions, and committees; and
WHEREAS, City Council deems it in the best interest of the City of Denton to apply the
procedural requirements of the Texas Open Meetings Act and other provisions within the Denton
Handbook for Boards, Commissions and Council Committees to all citizen boards, commissions,
and committees, as well as citizen task forces, and ad hoc boards, commissions, and committees;
and
WHEREAS, the City Council finds the following resolution will provide clarification and
further facilitate citizen access and enhance transparency regarding the business of the City
government; and
WHEREAS, the City Council finds the following resolution reasonable, necessary and
compliant with the intent of the City Council in drafting the Denton Handbook for Boards,
Commissions and Committees; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That the Introduction Section as it appears on page 7 of Resolution 2015-
023 is hereby amended as follows:
INTRODUCTION
City Council committees! Boards and commissions are essential to the successful
function of City government, and your contributions will help shape the future of
Denton. You will be studying and recommending policy application on a variety
policy as expressed in the City Charter, its Code of Ordinances, and through
Council directives to individual circumstances and issues placed before the board.
Should a policy or directive require clarification, the board should request such
from the Council.
The handbook is designed to assist you in your service. It consolidates provisions
of the City Charter, Code of Ordinances, and other regulations into one place to
assist you as a board member. It will provide a general introduction to topics and
processes that directly affect members of boards. Discussion in the handbook
applies to all City Council appointed citizen boards, commissions, and committees,
including citizen task forces, ad hoc boards, commissions, and committees, and all
City Council committees, unless stated otherwise. Throughout the document,
citizen boards, commissions, and committees, including citizen task forces, ad hoc
boards, commissions, and committees, as well as all City Council committees,
unless stated otherwise. Keep in mind, not all the provisions will apply equally to
every board. In cases of legal liability, for example, members of some boards may
be more susceptible than members of other boards. The staff liaison assigned to
your board will be able to provide you with more information on the specific duties
and responsibilities of the particular board and its members. Additionally, due to
the unique nature of citizen boards, commissions, and committees, citizen task
forces, and ad hoc boards, commissions, and committees, a section providing
additional guidance has been included under Membership Information in the
handbook. While no one document could adequately cover all aspects of serving
on a board, the handbook has been designed as a basic reference point from which
a board member can build an extensive knowledge of his/her responsibilities to the
citizenry of Denton. The handbook has been adopted by resolution of the City
Council and will be updated from time to time. If any provision of the handbook
is in conflict with any Code or Ordinance of the City, then such Code or Ordinance
shall prevail.
The City Secretary, City Attorney, and staff liaisons are available as resources to
all boards. Any requests for assistance shall be coordinated through the staff liaison
assigned to the board on which you serve.
Thank you for your interest in serving your community. Your efforts will make
Denton a better place to live and work.
SECTION 2. That the Membership Information Section as it appears on page 14 of
Resolution 2015-023 is hereby amended as follows:
MEMBERSHIP INFORMATION
Advisors, Subcommittees, and Ad Hoc Boards, Commissions, and
Committees
No City Board shall appoint persons outside its membership as
advisors or to subcommittees, ad hoc boards, commissions, and
committees or other accessory entities without prior approval of the
City Council.
The following provisions of the handbook are not applicable to
Citizen Task Forces, Ad Hoc Boards, Commissions, and
Committees:
a. Service Limitations
b. Oath of Office
c. Orientation and Training
d. Penalties and Remedies for TOMA Violations
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
The motion to approve this resolution was made by __________________________ and
seconded by _________________________________, the resolution was passed and approved
by the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2018.
INTRODUCTION
committees! Boards and commissions are essential to the successful function of City government,
and your contributions will help shape the future of Denton. You will be studying and
of each board is to apply City policy as expressed in the City Charter, its Code of Ordinances, and
through Council directives to individual circumstances and issues placed before the board. Should
a policy or directive require clarification, the board should request such from the Council.
The handbook is designed to assist you in your service. It consolidates provisions of the City
Charter, Code of Ordinances, and other regulations into one place to assist you as a board member.
It will provide a general introduction to topics and processes that directly affect members of boards.
Discussion in the handbook applies to all City Council appointed citizen boards, and commissions,
and all City Council committees, including citizen task forces, ad hoc boards, commissions, and
committees, and all City Council committees, unless stated otherwise. Throughout the document,
referall City Council appointed citizen boards,
commissions, and committeescommittees, including citizen task forces, ad hoc boards,
commissions, and committees as, as well, as all City Council committees unless, unless stated
otherwise stated. Keep in mind, not all the provisions will apply equally to every board. In cases
of legal liability, for example, members of some boards may be more susceptible than members of
other boards. The staff liaison assigned to your board will be able to provide you with more
information on the specific duties and responsibilities of the particular board and its members.
Additionally, due to the unique nature of citizen boards, commissions, and committees, a section
providing additional guidance has been included under Membership Information in the handbook.
While no one document could adequately cover all aspects of serving on a board, the handbook
has been designed as a basic reference point from which a board member can build an extensive
knowledge of his/her responsibilities to the citizenry of Denton. The handbook has been adopted
by resolution of the City Council and will be updated from time to time. If any provision of the
handbook is in conflict with any Code or Ordinance of the City, then such Code or Ordinance shall
prevail.
The City Secretary, City Attorney, and staff liaisons are available as resources to all boards. Any
requests for assistance shall be coordinated through the staff liaison assigned to the board on which
you serve.
Thank you for your interest in serving your community. Your efforts will make Denton a better
place to live and work.
MEMBERSHIP INFORMATION - GENERAL INFORMATION
Advisors, Subcommittees, and Ad Hoc Committees
No City board shall appoint persons outside its membership as advisors or to subcommittees, ad
hoc boards, commissions, and committees, or other accessory entities without prior approval of
the City Council.
The following provisions of the handbook are not applicable to Citizen Task Forces, Ad Hoc
Boards, Commissions, and Committees:
a. Service Limitations
b. Oath of Office
c. Orientation and Training
d. Penalties and Remedies for TOMA Violations
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1387,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation,
authorizingtheCityManagertoexecuteacontractforBudgetingSoftwarewithQuestica,Inc.,fortheCityof
Denton;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP6570-awardedto
Questica,Inc.,forone(1)year,withtheoptionfortwo(2)additionalone(1)yearextensions,inatotalnot-to-
exceed amount of $351,918 for all years).
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: August 28, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract for Budgeting Software with Questica, Inc., for the City
of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6570-
awarded to Questica, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions,
in a total not-to-exceed amount of $351,918 for all years).
RFP INFORMATION /BACKGROUND
Program of Services.
It reflectpolicies and controls; and the allocation of resources among
departments. The budget process culminates in the adoption by City Council of the annual budget and
capital program. Budget software will greatly aid the process to compile budget and capital information.
process is a lengthy, time consuming, and manual process that utilizes
multiple software packages that are not integrated. The budget software will provide solutions to many of
the budgetary challenges, such as redundant entry of numbers and data, linked Excel spreadsheets,
managing multiple files, managing multiple scenarios, tracking changes, inputting approved supplemental
packages, and creating summary totals. A good budget software package will provide cost-effective, real-
time, and transparent budgeting across departments. It will streamline budgeting and consolidation, and
greatly assist in producing the Annual Program of Services document. Other benefits of the budget software
include standardizing budget formats and allowing for multiple budgeting scenarios.
Request for Proposals was sent to 316 prospective suppliers for budget software solution, including training,
and implementation services. In addition, specifications were placed on the Materials Management website
for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals were
received and evaluated based upon published criteria, including delivery, compliance with specifications,
probable performance, and price. An evaluation team comprised of Finance and Technology Services staff
evaluated the three (3) proposals based on the evaluation criteria. Reference checks via phone interviews
were conducted with t Based on the scope of service and enhancements
that were discussed during the interviews, the top ranking finalists were asked to submit their Best and Final
Offer (BAFO). Additionally, numerous clarifications were requested from all three bidders. Based on the
final ranking and scoring by the committee, Questica, Inc. was ranked the highest and determined to be the
best value for the City (Exhibit 2).
Questica Inc. is the manufacturer of Questica Budget, they own and implement their own product.
Additionally, Questica, Inc. was rated high on performance, project schedule, compliance with
specifications, and price. tation costs are included in the
software purchase price to be paid during the initial year. Thereafter, the annual cost for software
maintenance, updates, and support services is the lowest price when compared to the other two respondents.
RECOMMENDATION
Award a contract with Questica Inc., for Budgeting Software for the City of Denton, in a three (3) year not-
to-exceed amount of $351,918. This amount includes a 10% contingency for additional licenses that may
be needed during the contract term.
PRINCIPAL PLACE OF BUSINESS
Questica, Inc.
Ontario, Canada
ESTIMATED SCHEDULE OF PROJECT
This is a one (1) year contract with options to renew the contract for two (2) additional one (1) year periods,
with all terms and conditions remaining the same. The implementation portion of the contract is scheduled
for June 2018 through November 2018.
FISCAL INFORMATION
The first years funding will be split between General Government ($59,411), Electric ($48,000), Water
($48,000), Wastewater ($48,000), and Solid Waste ($48,000), project accounts 300073444.1365.30100
($239,954.80) and 300073469.1365.30100 ($11,456.20) in the total amount of $251,411. In subsequent
years, annual licensing costs will be allocated by a number of users in each fund. Requisition # 139419 has
been entered into the Purchasing software system in the amount of $251,411.
STRATEGIC PLAN RELATIONSHIP
trategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.5 Utilize technology to enhance efficiency and productivity
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Contract
Exhibit 4: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Melissa Kraft at 349-7823.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1366,Version:1
AGENDA CAPTION
Hold a public hearing and consider adoption of an ordinance amending ordinance No. 2016-213 of the City
Council of the City of Denton, Texas authorizing the City’s participation in the Texas Enterprise Zone Program
pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (the “Act”), providing tax
incentives, designating a liaison for communication with interested parties; and providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: Aug. 28, 2018
SUBJECT
Hold a public hearing and consider adoption of an ordinance amending ordinance No. 2016-213 of the City
Program pursuant to the Texas Enterprise Zone Act
providing tax incentives, designating a liaison for communication with interested parties; and providing an
effective date.
BACKGROUND
Texas Enterprise Zone Program
The Texas Enterprise Zone Program is a State of Texas economic development tool to promote job creation
and capital investment in economically distressed areas of the state. Successful applicants are eligible to
apply for state sales and use tax refunds on qualified expenditures. The program provides state
reimbursement category levels related to the level of capital investment and number of jobs created and/or
retained for economically disadvantaged individuals or veterans during the designation period. Key aspects
of the Texas Enterprise Zone (TEZ) Program are:
Texas
Enterprise Zone Program.
The local city must nominate the qualified company as an Enterprise Project and must offer one or
more forms of local tax incentive to the company.
Projects may be physically located in or outside of an Enterprise Zone. The location determines the
percent of new employees that must meet economically disadvantaged, Enterprise Zone residence
requirements, or veteran.
The Enterprise Project must be nominated for a designation period of not less than one year and up
to five years, non-inclusive of a 90-day window prior to the application deadline. Employment and
capital investment commitments must be incurred and met within this timeframe.
Denton is eligible for up to four Enterprise Projects plus two additional bonus Enterprise Projects
per State biennium.
The State accepts applications on a quarterly basis.
Applications are scored on criteria that reflect the distress of the area, state priority, and local and
private effort. The State may designate up to 105 Enterprise Projects each biennium.
-213, needs to be amended to update the
communication with interested parties from the Director of Development Services to the City Manager or
his designee and to clarify the list of possible incentives that the City of Denton may offer.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 19, 2016 - The City Council held a public hearing and adopted Ordinance No. 2016-213 authorizing
nominate companies as Enterprise Projects via approval of a resolution.
FISCAL INFORMATION
has no fiscal impact to the City, but allows the City to assist
local companies in receiving significant state tax refunds.
RECOMMENDATION
Staff recommends adoption of the ordinance.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Ordinance 2016-213
Exhibit 3 Amended Ordinance Redline
Exhibit 4 Amended Ordinance Clean
Exhibit 5 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
ORDINANCE NO. _______________
AN ORDINANCE AMENDING ORDINANCE NO. 2016-213 OF THE CITY COUNCIL OF
TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE
ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (the
INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH THE
INTERESED PARTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
economic and social environment to induce investment of private resources in productive business
enterprises located in severely distressed areas of the City and the provide employment to residents
of such areas; and
WHEREAS, the project or activity is located in an area designated as an enterprise zone;
and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, a project has applied to
the City for designation as an enterprise project; and
WHEREAS, the City finds that a project meets the criteria for tax relief and other incentives
adopted by the City on the grounds that it will be located at the qualified business site, will create
a higher level of employment, economic activity and stability; and
WHEREAS, the City Council adopted Ordinance No. 2016-213 on July 19, 2016 electing
to participate in the Texas Enterprise Zone Program as authorized by the Texas Enterprise Zone
Act; and
parties as designated in Ordinance No. 2016-213 and to clarify the list of possible incentives that
the City of Denton may offer; and
WHEREAS, a public hearing to consider this order was held on July 19, 2016 August 28,
2018; NOW, THEREFORE;
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City hereby ordains its participation in the Texas Enterprise Zone
Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
SECTION 2. The following local incentives, at the election of the governing body, are or
will be made available to a nominated project or activity of a qualified business:
a) The City may abate or rebate taxes on the increase in value of real property
improvements and eligible personal property located in a designated enterprise zone.
The level of abatement or rebate shall be based upon capital investment and the extent
to which the business receiving the abatement creates jobs for qualified employees, in
1
accordance with the City of Denton Tax Abatement Policy Policy for Tax
Abatement and Incentives, and with qualified employees being defined by the Act. The
City may offer the following for business meeting the applicable requirements: reduced
electric utility rates, reduced infrastructure costs, incentives offered under Denton
, abatements or Chapter 380 rebate grants
based on new ad valorem or sales tax revenue generated by a company or development,
tax increment financing, triple Ffreeport tax exemption, Chapter 380 grants, industrial
revenue bonds, or other incentive tools available and approved by the City Council.
b) The City may provide regulatory relief to businesses, including:
1) Zoning changes or variances
2) Exemptions from unnecessary building code requirements, impact fees, or
inspection fees; or
3) Streamlined permitting.
c) The City may provide enhanced municipal services to businesses, including:
1) Improved police and fire protection;
2) Institution of community crime prevention programs; or
3) Special public transportation routes or reduced fares.
d) The City may provide improvements in community facilities, including:
1) Capital improvements in water and sewer facilities;
2) Road repair; or
3) Creation or improvement of parks.
e) The City may provide improvements to housing, including:
1) Low-interest loans for housing rehabilitation, improvement, or new construction;
or
2) Transfer of abandoned housing to individuals or community groups.
f) The City may provide business and industrial development services, including:
1) Low-interest loans for business;
2) Provision of publicly-owned land for development purposes, including residential,
commercial, or industrial development;
3) Creation of special one-stop permitting and problem resolution centers or
ombudsmen; or
4) Promotion and marketing services.
g) The City may provide job training and employment services to businesses, including:
1) Retraining programs;
2) Literacy and employment skills programs;
3) Vocational education; or
4) Customized job training.
2
SECTION 3. The enterprise zone areas within the City are reinvestment zones in
accordance with Texas Tax Code, Chapter 312.
SECTION 4. The City of Denton City Council directs and designates its Director of
Development Services City Manager or the C
communicate and negotiate with the Office of the Governor, Economic Development and Tourism
enterprise zone activities and communications with qualified businesses and other entities in an
enterprise zone or affected by an enterprise project.
SECTION 5. The City finds that a project meets the criteria for designation as an enterprise
project under Chapter 2303, Subchapter F of the Act on the following grounds:
a)
engaged in the active conduct of a trade or business at the qualified business site located
in an enterprise zone in the governin-five
economically disadvantaged individuals, or veterans; and
b) There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities in the area; and
c) The designation of a project as an enterprise project will contribute significantly to the
achievement of the plans of the City for development and revitalization of the area.
SECTION 6. The enterprise project shall take effect on the date of designation of the
enterprise project by OOGEDT and terminate five (5) years after that date.
SECTION 7. This ordinance shall take effect from and after its passage as the law and
charter in such case provides.
SECTION 8. The motion to approve this ordinance was made by
__________________________ and seconded by _________________________________,
the ordinance was passed and approved by the following vote \[___ - ___\]:
Aye Nay Abstain Absent
Chris Watts, Mayor: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Don Duff, District 3: ______ ______ ______ ______
3
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _________ day of ___________________, 2018.
__________________________________
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
4
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _________________________________
5
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1351,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City Council of the City of Denton nominating Tetra Pak, Inc. to the
Office of the Governor, Economic Development and Tourism (“OOGEDT”) through the Economic
Development Bank (“The Bank”) as an Enterprise Project (“Project”); and providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: Aug. 28, 2018
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton Nominating Tetra Pak, Inc. to
Development
BACKGROUND
Texas Enterprise Zone Program
The Texas Enterprise Zone Program is a State of Texas economic development tool to promote job creation
and capital investment in economically distressed areas of the state. Successful applicants are eligible to
apply for state sales and use tax refunds on qualified expenditures. The program provides state
reimbursement category levels related to the level of capital investment and number of jobs created and/or
retained for economically disadvantaged individuals or veterans during the designation period. Key aspects
of the Texas Enterprise Zone (TEZ) Program are:
The local city or county must nominate the qualified company as an Enterprise Project and must
offer one or more forms of local tax incentive to the company.
Projects may be physically located in or outside of an Enterprise Zone. The location determines the
percent of new employees that must meet economically disadvantaged or Enterprise Zone residence
requirements.
The Enterprise Project must be nominated for a designation period of not less than one year and up
to five years, non-inclusive of a 90-day window prior to the application deadline. Employment and
capital investment commitments must be incurred and met within this timeframe.
Denton is eligible for up to four Enterprise Projects plus two additional bonus Enterprise Projects
per State biennium. Denton has nominated four Enterprise Projects (WinCo Foods, two concurrent
nominations for Peterbilt Motors, and Mayday Manufacturing) during this state biennium.
The State accepts applications on a quarterly basis. Sept 4, 2018, is the next application deadline
date.
Applications are scored on criteria that reflect the distress of the area, state priority, and local and
private effort. The State may designate up to 105 Enterprise Projects each biennium.
Tetra Pak Inc.
Tetra Pak is a multinational food packaging and processing sub-company of Tetra Laval, with head
offices in Lund, Sweden, and Lausanne, Switzerland. The company offers packaging, filling machines
and processing for dairy, beverages, cheese, ice-cream and prepared food, including distribution tools like
accumulators, cap applicators, conveyors, crate packers, film wrappers, line controllers and straw
applicators.
In 2013, Tetra Pak received a four-year, 65% tax abatement for expanding its Denton facility and
relocating its Americas corporate headquarters operations from Chicago to Denton. The company created
a total of 32 new jobs with this 32,000-square-foot expansion. Tehas received an abatement
totaling $100,890 over three years of the four-year term.
Over the next five years, Tetra Pak anticipates investing $15 million at its Americas headquarters in
Denton, as well as retaining its existing local workforce of 375 full-time employees. This investment will
consist primarily of installing a new laminator machine that will enable Tetra Pak to meet increasing
demand for aseptic screw-top sports nutrition, protein drink, and other containers. In addition, the
laminator will give Tetra Pak the ability to produce an expanded range of packages and enable them to
better
packaging industry and ensure that the facility is positioned to meet the evolving needs of the U.S. and
Canadian markets.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 19, 2016 - The City Council held a public hearing and adopted Ordinance No. 2016-213 authorizing
nominate companies as Enterprise Projects via approval of a resolution.
Oct. 1, 2013 - The City Council approved a Ch. 380 grant to Tetra Pak Inc. (2013-273)
FISCAL INFORMATION
Nominating Tetra Pak Inc. as an Enterprise Project has no fiscal impact to the City.
RECOMMENDATION
Staff recommends approval of the resolution.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Tetra Pak Enterprise Zone Nominating Resolution
Exhibit 3 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A18-0002,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton, Texas, setting a date, and place for two public
hearings on the proposed voluntary annexation of certain property generally located between Creekdale Drive
and Hickory Creek Road, east of the railroad tracks by the City of Denton, Texas, authorizing and directing the
City Secretary to publish notice of such public hearings.
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______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: August 28, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, setting a date, and place for two
public hearings on the proposed voluntary annexation of certain property generally located
between Creekdale Drive and Hickory Creek Road, east of the railroad tracks by the City of
Denton, Texas, authorizing and directing the City Secretary to publish notice of such public
hearings.
BACKGROUND
The applicant, Abra Nusser, on behalf of the property owner, Calvert Paving Corporation, has
submitted an annexation application to voluntarily annex approximately 86.47 acres of land.
The purpose of this ordinance is to establish public hearing dates for the annexation per the City
Charter Section 1.03 and Subchapter C-1, §43.063 of the Texas Local Government Code (LGC).
This section of the LGC establishes the public hearing requirements for an annexation, including
requirements for legal notices and the schedule for coordinating the public hearings with the legal
notices. The tentative schedule for this annexation is as follows:
stnd
August 28, 2018 - City Council meeting setting the 1 and 2 public hearing dates and
authorizing the publication of notice of the public hearings
st
September 11, 2018 1 Public Hearing
nd
September 25, 2018 2 Public Hearing
October 16, 2018 First Reading of the Annexation Ordinance
November 27, 2018 - Second Reading and Adoption of the Annexation Ordinance
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
Staff recommends approval of this request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
STRATEGIC PLAN RELATIONSHIP
Strategic Plan is an action-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and
retention
EXHIBITS
1. Agenda Information Sheet
2. Site Location Map
3. Zoning Map
4. Draft Ordinance
5. Staff Presentation
Respectfully submitted:
Richard Cannone, AICP
Deputy Director / Planning Director
Prepared by:
Cindy Jackson, AICP
Senior Planner
A18-0002
Site Location
1830
"
)
03857701,540
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 7/26/2018
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 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 current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A18-0002
Zoning Map
NR-2
RD-5X
NRMU
1830
"
)
CM-G
NR-3
NR-6
NR-1
ETJ
NR-4
03857701,540
Feet
SITECM-GNR-2NR-6
µ
ETJNR-3NRMU
Parcels
NR-1NR-4RD-5X
Roads
Date: 7/26/2018
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 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 current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1401,Version:1
AGENDA CAPTION
Consider nominations and appointments to the Downtown Denton TIF Reinvestment Zone No. One Board.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
DCM: Bryan Langley
DATE: August 28, 2018
SUBJECT
Consider nominations and appointments to the Downtown Denton TIF Reinvestment Zone No. One Board.
BACKGROUND
Under Ordinance No. 2010-316, which established the Downtown TIF and its Board of Directors, Board
membership shall consist of the following categories:
Њ͵Two members shall be City Council members.
Ћ͵Two members shall be either property owners of property located within the Tax Increment
Reinvestment Zone or residents whose primary residence is located within the Tax Increment
Reinvestment Zone.
Ќ͵Two members shall be either business owners of businesses located within the Tax Increment
Reinvestment Zone or a member of the Denton Chamber of Commerce Board of Directors.
Ѝ͵One member shall be a qualified voter of the City of Denton.
The current Board consists of Council Member Hudspeth and former Council Member Bagheri
(Category 1), Melissa Lenaburg and Alex Payne (Category 2), Ben Esely and John Lenz (Category 3), and
Council Member Meltzer (Category 4).
Council Member Bagheri’s seat is open; it must be filled by another Council Member. Council Member
Meltzer has expressed an interest in this position. Ben Esely’s term is up, but he is eligible to be
re-appointed and would like to continue to serve. Council Member Meltzer’s term is up in the Category 4
seat, so a new qualified voter will need to be appointed to fill that seat. Council Member Meltzer has
nominated Ken Gold.
Nominations made at this meeting can be voted on should the Council desire.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance No. 2010-316
Exhibit 3 – Nominations Sheet
Respectfully submitted:
Jennifer Walters
City Secretary
BOARDANDCOMMISSIONNOMINATIONS
BoardCouncilMemberNomination
1
2
3
1
2
3ȟ
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1411,Version:1
AGENDA CAPTION
ConsideramotiontoreconsidertheAugust21,2018adoptionofanordinanceapprovingaDetailPlanfor
PlannedDevelopment176(PD-176)Districtdepictinganautolaundryfacilityonapproximately2.13acres.
ThepropertyisgenerallylocatedonthewestsideofNorthFM2499,approximately760feetnorthofHickory
CreekRoadintheCityofDenton,DentonCounty,Texas;providingforapenaltyinthemaximumamountof
$2,000.00forviolationsthereof;providingaseverabilityclauseandaneffectivedate.(PDA18-0004a,Clean
and Green Car Wash, Hayley Zagurski.)
City of DentonPage 1 of 1Printed on 8/24/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: August 28, 2018
SUBJECT
Consider a motion to reconsider the August 21, 2018 adoption of an ordinance approving a Detail Plan for
Planned Development 176 (PD-176) District depicting an auto laundry facility on approximately 2.13
acres. The property is generally located on the west side of North FM 2499, approximately 760 feet north
of Hickory Creek Road in the City of Denton, Denton County, Texas; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective
date. (PDA18-0004a, Clean and Green Car Wash, Hayley Zagurski.)
BACKGROUND
On August 21, 2018, the City Council held a public hearing and adopted ordinance PDA18-0004a regarding
approval of a Detailed Plan for an auto laundry (car wash) on approximately 2.13 acres located in Planned
Development 176 (PD-176) District, also known as Wheeler Ridge. A motion was made to approve the
ordinance with conditions, and the City Council voted 4-2 to approve the Detailed Plan with the following
conditions:
1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is
proposed, it shall be screened from view of adjoining residential properties. A photometric plan
shall be provid
site lighting requirements in Section 35.13.12.
2. Due to the proximity of this location to single-family residences, the majority of the PD being
residential, and the lack of signage regulations in the PD, the project shall comply with the Code of
Ordinances sign requirements for non-residential districts as well as the following limitations:
a. No illuminated wall signs may face an adjoining single-family use.
3. The height of the proposed masonry screening wall shall be 8 feet.
4. Hours of operation shall be limited to 7am to 9pm daily.
5. The centralized vacuum motor shall be interior to the structure and sound-proofed to limit noise to
surrounding properties.
On August 22, 2018 Councilmember Briggs, who voted in favor of the motion, sent an email to the City
Secretaryrequesting the Council reconsider the item. In order for the City Council to reconsider the Detailed
Plan, a motion would need to be made to reconsider the approval of Ordinance PDA18-0004a. Section 2-
29(g)(11) of the
ay be seconded by any member of the Council.
Should the motion to reconsider carry, the Council would then direct staff to provide public notification
schedule a new public hearing to reconsider adoption of Ordinance PDA18-0004a. A new public hearing is
required so that the Council can regain jurisdiction over the zoning item. Per Texas case law, jurisdiction
over an item is lost once an item is either approved or denied by the local governing body. Notification of
the new public hearing could be sent to the local newspaper and surrounding property owners on August
th
29to allow the public hearing to be held at the September 18, 2018 City Council meeting.
Should the motion to reconsider fail, the original approval of the Detail Plan with the five conditions
described above would stand and Ordinance PDA18-0004a would go into effect on the designated effective
date.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 5, 1999, City Council approved Ordinance 99-367, establishing PD-176 and approving
development standards and a general Concept Plan for 168.57 of land.
On June 20, 2000, City Council approved Ordinance 2000-216, which amended ordinances 99-257, 99-
367, and 99-405 to provide a detail plan for approximately 253 acres of land within PD-170, PD-172, and
PD-176. The detail plan specifically excluded two tracts intended for commercial development, one of
which includes the subject property.
At a public hearing on July 25, 2018 the Planning and Zoning Commission recommended approval \[4-0\]
of the request with the following conditions:
1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is
proposed, it shall be screened from view of adjoining residential properties. A photometric plan
site lighting requirements in Section 35.13.12.
2. Due to the proximity of this location to single-family residences, the majority of the PD being
residential, and the lack of signage regulations in the PD, the project shall comply with the Code of
Ordinances sign requirements for non-residential districts as well as the following limitations:
a. No illuminated wall signs may face an adjoining single-family use.
3. The height of the proposed masonry screening wall shall be 8 feet.
At a public hearing on August 21, 2018 the City Council approved the Detailed Plan request \[4-2\] with the
as well as the following two staff
recommended conditions:
4. Hours of operation shall be limited to 7am to 9pm daily.
5. The centralized vacuum motor shall be interior to the structure and sound-proofed to limit noise to
surrounding properties.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Draft Ordinance PDA18-0004a
Information related to Ordinance PDA18-0004a from the August 21, 2018 meeting can be found online
at: https://www.cityofdenton.com/en-us/government/open/agendas-minutes.
Respectfully submitted:
Richard Cannone, AICP
Deputy Director/Planning Director
Prepared by:
Hayley Zagurski
Senior Planner
Exhibit A
Site Location and Legal Description
Being 2.167 acres of land located in the Berry Merchant Survey, Abstract No. 800, Denton County,
Texas, being a portion of Tract 1 described in the deed to CDI 2499, LLC., recorded in County Clerk's No.
2017-63521, Deed Records, Denton County, Texas. Said 2.167 acres of land being more particularly
described as follows:
BEGINNING at an 1/2" iron rod stamped "Beasley RPLS 6066" set at the southeast corner of said Tract
1, said iron rod set lying in the north line of Wheeler Ridge, Phase 4, an addition to the City of Denton,
Denton County Texas, recorded in Cabinet W, Slide 901-903, Plat Records, Denton County, Texas, from
which an 1/2" iron rod found at the northeast corner of said Phase 4 bears N89°42'44"W 175.22 feet, said
iron rod set being the southwest corner of a tract of land described in the deed to The State Of Texas,
recorded in County Clerk's No. 2013-132137, Deed Records, Denton County, Texas;
THENCE S89°42'44"W, along the common line of said CDI tract and Phase 4, at 16.30 feet passing an
1/2" iron rod found, at the northeast corner of Lot 11, Block T, of said Phase 4, at 150.81 feet passing an
1/2" iron rod stamped "TW Barrow" found at the northeast corner of Lot 10, of said Block T, at 250.84 feet
passing an 1/2 iron rod stamped "TW Barrow" found at the northeast corner of Lot 8, of said Block T, at
300.87 feet passing an 1/2 iron rod stamped "TW Barrow" found at the northwest corner of said Lot 8, at
350.91 feet passing an 1/2 iron rod stamped "TW Barrow" found at the northeast corner of Lot 6, of said
Block T, at 450.91 feet passing an 1/2 iron rod stamped "TW Barrow" found at the northeast corner of Lot
4, of said Block T, at 637.21 feet passing an 1/2 iron rod stamped "TW Barrow" found, in all a distance of
637.73 feet to an 1/2" iron rod stamped "Beasley RPLS 6066" set at the southwest corner of said Tract 1,
said iron rod set being the most northerly northwest corner of Lot 3, of said Block T;
THENCE N48°13'31"E, at 4.64 feet passing a point at the most southerly south corner of Lot 19X, Block
D, Wheeler Ridge, Phase 2, an addition to the City of Denton, Denton County Texas, recorded in Cabinet
V, Slide 208-210, Plat Records, Denton County, Texas, in all a distance of 246.82 feet to an 1/2" iron rod
stamped "Beasley RPLS 6066" set at the northwest corner of herein described tract, from which the north
corner of said Tract 1 bear N48°13'31"E 808.15 feet;
THENCE N89°42'44"E, a distance of 388.94 feet to an 1/2" iron rod stamped "Beasley RPLS 6066" set;
THENCE northeasterly, 45.20 feet, along a curve to the left, having a radius of 37.00 feet, a central angle
of 70°00'00" and a chord bearing N54°42'44"E 42.44 feet to a point;
THENCE N19°42'44"E, a distance of 37.21 feet to a point;
THENCE northeasterly, 54.46 feet, along a curve to the right, having a radius of 37.00 feet, a central
angle of 84°19'40" and a chord bearing N61°52'34"E 49.67 feet to a point;
THENCE S75°57'36"E, a distance of 8.19 feet to a point;
THENCE southerly, 247.02 feet along a non tangent curve to the left, having a radius of 1,160.00 feet, a
central angle of 12°12'04" and a chord bearing S07°58'59"W, 246.56 feet to the point of beginning,
containing 2.167 acres of land.
The bearings recited hereon are oriented to the City of Denton GPS Monument 2020.
Exhibit B
Detailed Plan
CLEAN & GREEN CAR WASH #2
DATEPE NO.
BERRY MERCHANT SURVEY, ABSTRACT NO. 800
PREPARED BY, OR UNDER SUPERVISION OF:
BIDDING, OR PERMIT PURPOSES. THEY WERE
CITY OF DENTON, DENTON COUNTY, TEXAS
AND NOT INTENDED FOR CONSTRUCTION,
THESE DOCUMENTS ARE FOR DESIGN REVIEW
2.127 ACRES LOCATED IN THE
CC# 2017-63521 P.R.D.C.T.
PORTION OF TRACT 1
CLEAN & GREEN CAR WASH #2
BERRY MERCHANT SURVEY, ABSTRACT NO. 800
CITY OF DENTON, DENTON COUNTY, TEXAS
2.127 ACRES LOCATED IN THE
CC# 2017-63521 P.R.D.C.T.
PORTION OF TRACT 1
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-1412,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,aTexashome-rulemunicipal
corporation,providingfor,authorizing,andapprovingtheexecutionbytheCityManagerorhisdesignee,
ofabasecontractforsaleandpurchaseofnaturalgasbetweentheCityofDentonandTenaskaMarketing
Ventures,apartnership;approvingtheexecutionofsuchotherandfurtherrelateddocumentsdeemed
necessarytoeffectuatethetransactionsallowedunderthisagreementbytheCityManagerorhisdesignee;
determiningthatspecificinformationcontainedindocumentsinvolvedinthistransactionpertaintoa
“competitiveelectricmatter”assetforthundertheprovisionsof§§551.086and552.133oftheTexas
GovernmentCode,asamended;allowingthepublictoinspect,butnotreproduce,thebaseContractas
redacted; providing an effective date. The Public Utilities Board recommends approval (6-0).
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Consider adoption of an ordinance of the City Council of the City of Denton, a Texas home-rule municipal
corporation, providing for, authorizing, and approving the execution by the City Manager or his designee, of
a base contract for sale and purchase of natural gas between the City of Denton and Tenaska Marketing
Ventures, a partnership; approving the execution of such other and further related documents deemed
necessary to effectuate the transactions allowed under this agreement by the City Manager or his designee;
determining that specific information contained in documents involved in this transaction pertain to a
“competitive electric matter” as set forth under the provisions of §§551.086 and 552.133 of the Texas
Government Code, as amended; allowing the public to inspect, but not reproduce, the base Contract as
redacted; providing an effective date. The Public Utilities Board recommends approval (6-0).
The Denton Energy Center (DEC), composed of twelve fast start electricity generating engines and ancillary
equipment, has completed operational testing and has entered its commercial operation phase.
The DEC project requires a natural gas supply for operation of the project. As approved by the City Council
earlier this year, a NAESB is currently in place with an existing gas supplier. At the time that agreement was
being approved, staff noted that it would be bringing additional NAESB agreements for approval in the
future. The purpose of compiling additional NAESB agreements is to add to the pool of alternative suppliers
in an effort to foster supply diversity and competition. This standard form agreement operates as an ‘enabling
agreement’ or ‘master agreement’ to facilitate gas transactions with Tenaska.
The NAESB (“North American Energy Standards Board”) standard contract has been developed over time
by the energy industry to capture core contract terms, definitions, and procedures which are viewed as
standard by the energy industry. The NAESB standard form contract is owned by the North American Energy
Standards Board and is copyrighted. The copyright means it cannot be released to the general public in a
reproducible form. A redacted copy of the NAESB is available at the City Secretary’s office for viewing by
the public. No photographs or copies are allowed under the copyright.
Purchases of natural gas made under the terms and conditions of this NAESB are authorized under the
approved Risk Management Policy (Ordinance No. 2018-237). If future transactions occur, they will be
negotiated on a deal by deal basis and documented by confirmation agreements which will include price,
quantity, duration, delivery point and other special provisions, if any.
In conclusion, it is recommended that the City Council adopt the attached Ordinance approving execution of
a NAESB with Tenaska, and confirming the authorization to engage in transactions under the NAESB as
further described in the Ordinance.
Staff recommends adoption of the ordinance.
The Public Utilities Board reviewed this item on August 13, 2018 and recommended approval by a 6-0 vote.
This agreement does not obligate the expenditure of funds.
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public
Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability
and Environmental Stewardship. While individual items may support multiple KFAs, this specific City
Council agenda item contributes most directly to the following KFA and goal:
1.Agenda Information Sheet
2.Ordinance
3.Public Viewing Notice
Respectfully submitted:
George Morrow
General Manager
Prepared by:
Smith Day
Compliance Manager
Public Notice
Due to federal copyright laws, the City of Denton cannot
distribute or reproduce the NAESB Contract related to this
agenda item to the public.
However, the City has taken the legal steps required make a
redacted version of the document available for public
inspection by appointment only.
Photographs or copies are prohibited, and the document may
not be removed from city premises.
To schedule an appointment, please contact the City
Secretarys office at 940-349-8309, weekdays, between the
hours of 8am and 5pm.