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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-554,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the Rayzor Ranch Public Improvement
District No. 1.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CFO: Antonio Puente, Jr.
DATE: August 13, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the Rayzor Ranch Public
Improvement District No. 1.
BACKGROUND
On May 13, 2014, the City Council adopted Resolution 2014-022, which created a Public Improvement
District (PID) for the south side of the Rayzor Ranch development. A PID is a defined area where public
improvements may be financed through the use of special assessments. The funds from the assessment
can be used to maintain those improvements. These assessments are paid by the property owners within
the PID, not the City.
Under Chapter 372 of the Local Government code, a PID may be formed to accomplish any of the
following improvements:
Water, wastewater, health and sanitation, or drainage improvements (including acquisition,
construction, or improvements of water, wastewater, or drainage improvements);
Street and sidewalk improvements (acquiring, constructing, improving, widening, narrowing,
closing, or rerouting sidewalks, streets, or any other roadways or their rights-of-way);
Mass transit improvements (acquiring, constructing, improving, or rerouting of mass
transportation facilities);
Parking improvements (acquiring, constructing, or improving of off-street parking facilities);
Library improvements (acquiring, constructing, or improving of library facilities);
Park, recreation, and cultural improvements (the establishment of parks);
Landscaping and other aesthetic improvements (erection of fountains, distinctive lighting, and
signs);
Art installation (acquiring and installing pieces of art);
Creation of pedestrian malls (constructing or improving pedestrian malls);
Similar improvements (projects similar to those listed above);
Supplemental safety services for the improvement of the district, including public safety and
security services; or
Supplemental business-related services for the improvement of the district, including advertising
and business recruitment and development.
A memorandum of understanding regarding the Rayzor Ranch PID was approved by the Denton City
Council in May 2014 (Ordinance 2014-144). The MOU established the financing criteria and limitations
for the PID.
The Rayzor Ranch PID includes approximately 230 acres located in the southeast quadrant of the
intersection of West University Drive (U.S. Highway 380) and Interstate Highway 35. Allegiance
Hillview, L.P., DB Denton II, LLC, and Fidelis Realty Partners own the majority of the property, with the
exception of the individual tenant owners including: Wal--fil-A, Whataburger,
In-and-
Go, Chase Bank, IHOP, and the Villages at Rayzor Ranch multi-family development. The property in the
PID is being developed for commercial/retail and multi-family uses comparable in quality to the Rayzor
Ranch Marketplace north of West University Drive.
To fully implement the PID and levy assessments, the City Council will need to consider approval of a
service and assessment plan, a reimbursement/financing agreement, and an assessment ordinance. Each
will be explained in this AIS and in the Work Session presentation.
Service and Assessment Plan
A service and assessment plan (SAP) is required for PIDs in order to levy assessments. The SAP
establishes the annual assessments to pay for the improvements and collection costs. An assessment plan,
which details how assessments will be allocated to the subject properties, is required. The SAP must be
reviewed and updated annually.
A preliminary SAP for the Rayzor Ranch PID was submitted to the City in November 2018. To review
the SAP, an interdepartmental team of Economic Development, Engineering, Legal, and Finance have
worked together. Additionally, staff enlisted the services of 30 Three Sixty Public Finance to conduct a
peer review. In addition, staff has worked with Legal and bond counsel to review the SAP and
recommend changes to make the SAP consistent with the MOU and staff recommendations. Staff and the
developers are current working through a few items involving the benefit allocation and the assessment
plan. The staff presentation will include information and seek direction from Council on the SAP and the
outstanding areas.
Reimbursement Agreement
The developer constructed the public improvements in the area of the PID bounded by Interstate Highway
I-35W, West University Drive/US 380, Heritage Trail, and Panhandle Street in three phases. Phase 1
improvements were eligible to be reimbursed by the PID based on the original reimbursement agreement
between the developer and the City. Since state law requires that an agreement must be in place prior to
the formal dedication and acceptance of infrastructure improvements in order for the costs to be
reimbursed by PID assessments, some of the Phase 2 improvements and some of the Phase 3
improvements are no longer eligible. However, a portion of the Phase 3 improvements are not complete
nor accepted by the City, so staff and the developer are working together to draft an amended and restated
reimbursement agreement to allow the eligible Phase 3 public infrastructure costs to be PID eligible.
Next Steps and Assessments
In order to levy assessments and begin collections to reimburse the developer, the City Council will need
to approve the preliminary service and assessment plan including a proposed assessment roll, call and
hold a public hearing on the proposed assessment roll, approve a final service and assessment plan, and
then levy the special assessments against the properties within the PID.
If Council provides direction to move forward, the preliminary SAP and notice to call the public hearing
will be placed on the August 20 agenda. The public hearing and assessment ordinance will likely be on the
September 17 agenda.
EXHIBITS
1. Agenda Information Sheet
2. Presentation
Respectfully submitted:
Jessica Rogers
Director of Economic Development
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-549,Version:1
AGENDA CAPTION
Receive a report, hold a discussion and give staff direction regarding an internal audit of the Procurement
Card (P-Card) Program in the Procurement Department and an Audit of the Procurement Department’s
Programs and Controls.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
CityHall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Internal Audit
CITY AUDITOR: Umesh Dalal
DATE: August 13, 2019
SUBJECT
Receive a report, hold a discussion and give staff direction regarding an internal audit of the Procurement
Card (P- Card) Program in the Procurement Department
Programs and Controls.
BACKGROUND
The P-Card report was presented to the Audit and Finance Committee on March 5, 2019. At that time, the
Purchasing Division did not respond to an issue of lack of monitoring process for verifying compliance with
statutory requirements. direction was to revisit the issue and report back to the committee.
The Procurement Department process is used to acquire products and services to ensure continued City
operation; therefore, effectiveness of this process is critical. The government procurement process must
comply with State regulations, which prescribes significant penalties for non-compliance. This process
expended $168 million of the City resources in FY 18, which necessitates proper controls to ensure
compliance and prevent abuses. The objectives of the audit were to evaluate internal controls in the process
and verify compliance with laws, regulations and policies.
interpretation of the procurement statutes by the Purchasing Division and Internal Audit. As a result,
Purchasing agrees with the audit findings and will work on mitigation.
The purpose of this item is to present the audit report, discuss the two audit reports and receive direction from
the City Council.
RECOMMENDATION
Staff recommends approval of the reports on the Audits of the P-Card Program and the the
Procurement Process.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The P-Card Audit Report was presented to the Audit Finance Committee on March 5, 2019 and the
Committee recommended a further review of management responses. The Audit Finance Committee
received the report on the P-Card Audit again on June 18, 2019 and recommended moving this item forward
On June 18, 2019 the Audit/Finance Committee received a report on the Procurement Department audit and
EXHIBITS
1. Agenda Information Sheet
2. Cover Letter P-Card
3. Report on the Audit of P-Card Program
4. Cover Letter Procurement
5. Report on the Audit of Procurement Program
6. P-Card and Procurement Presentation
Respectfully submitted:
Umesh Dalal, 940-349-8158
City Auditor
Audit Response Cover Letter
Procurement Audit
June 14, 2019
City Auditor Acknowledgement
The audit was conducted in accordance with the Generally Accepted Government Auditing
Standards promulgated by the Comptroller General of the United States. Those Standards require
that the auditors plan and perform the audit to obtain sufficient, appropriate evidence to provide a
reasonable basis for their findings and conclusions based on the audit objectives. The auditors
believe that the evidence obtained during this audit provides a reasonable basis for their findings
and conclusions based on the audit objectives.
only to provide legal opinions
to the City Auditor and City Management related to competitive procurement statutes. The legal
opinions are provided to the Audit and Finance Committee and the City Council under separate
memorandum to preserve attorney-client privilege. The does not express
Procurement & Compliance Acknowledgement
recommendations. Most of the issues identified have already been addressed or are in the process
of being addressed. Purchasing staff have invested substantial time into researching, reviewing
and complying with the audit over the past 9 months. Purchasing is committed to procuring the
procedures, and statutes.
Management Responses for the Procurement Audit. There have been many lessons from this audit
and finalizing the report has taken a considerable amount of staff time over the past 9 months. The
Procurement & Compliance Department is taking the steps necessary to adhere to statutory
requirements while mitigating operational impact across the organization.
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
ABSTRACT
Controls over $168 Million resources need
improvement. Recommended changes and
will improve controls.
Umesh Dalal, City Auditor
AUDIT OF PROCUREMENT
PROCESS
The City of Denton Procurement Process Audit Report
June 2019
Table of Contents
Description Page
Executive Summary 2
6
What Works Well?
Opportunities for Improvement
7
Procurements exceeding $50,000
11
Electronic Bids
Procurements exceeding $3000 but less than
12
$50,000
15
Bid Evaluation
17
Sole Source Purchases
The City of Denton Procurement Process Audit Report
June 2019
Executive Summary
April 16, 2019
Honorable Mayor and members of the City Council,
The City procures products
and services for its various operations to ensure continued operation. Public procurement involves use of
significant funds for the benefit of citizens. Proper accountability and controls are necessary for proper use
of resources and for prevention of abuses. The government procurement process must comply with State
statutes and regulations. Non-compliance with the procurement statutes may subject contracts to judicial
challenge and City employees to significant penalties. At the City of Denton, this process expended $168
million of the City resources.
The following are the salient findings of the audit:
The internal controls over the City purchasing function need improvement. The audit identified
non-compliance with the State statutes and City Ordinance pertaining to the purchasing of
products and services. Better monitoring and follow-up of potential violations by the Purchasing
personnel may result in enhanced compliance and more knowledgeable employees engaged in
purchasing activity. The audit found:
o We worked with the Purchasing Manager to identify 71 of these vendors from whom the
City had made purchases totaling $7.4 Million (Attachment A). The purchases made from
each of these vendors for FY 17 and FY 18 were in excess of $50,000. The City did not
solicit sealed bids/proposals as required.
o The City has made purchases totaling almost $15.6 million from 867 vendors with each
purchase being within a range of $3,001 through $49,999. Statutes require the City to
obtain two quotes from Historically underutilized business (HUB). A sample of purchases
within this range from 50 vendors did not have evidence of required quoted from 40
with Procurement Statutes. We did not see an evidence of monitoring of these purchases
for compliance purposes.
The City of Denton Procurement Process Audit Report
June 2019
o The City policy requires obtaining three quotes for purchases within range of $3,001
through $49,999. We did not observe evidence of the required three quotes from 27 or
54% of the sampled vendors.
o The State statutes provide for an exception for purchases from a single source from
compliance requirements. This allows circumventing of the competitive purchasing
process, in limited circumsta
from a single source was not adequate. In 41 (87.2%) of the 47 sole source purchases
reviewed, there was no evidence that the items offered were the only products or services
that could meet the es not verify, research
or challenge the claim by the departments or vendors.
o The City electronically receives bids for its solicitations. According to
Services Director, they cannot confirm adequacy of security that would prevent premature
opening of the bids.
Bids can be opened any time after they are received but before the designated day
of the bid opening.
Bids could be altered or substituted during this time.
When the bid opening is not attended by bidders, the Buyers open bids without
any witness. In this event, there is a potential for altering or substituting bids
without being detected. Bids are submitted in Excel spreadsheets. Changes made
to the Excel spreadsheet do not have an audit trail to detect alterations after the
fact. In addition, some bids are not being opened at the designated place.
o The bid evaluation process for formal solicitation needs improvement. Of 57 solicitations
we examined, 34 had a summary of bid evaluations, 23 were exceptions due to cooperative
or sole source purchases that did not need bid evaluation. In cases where we found a
summary of bid evaluations, evaluation sheets for evaluators were not available. It was
not clear who compiled the evaluation summaries. Based on the available records, it is not
clear if the evaluation team worked independently without any influence. Also, on a
number of bid tabulation scorings, subjective criteria such as probable performance was
not explained. While one of the evaluations criteria
record with City of Denton as a criterid not clarify how new vendors would be
rated. This gives an impression that outcome of the bid process was pre-determined.
Local Government Code Section 252.042 (b) requires that discussions, in accordance with
the terms of a request for proposals and with regulations adopted by the governing body
of the municipality, may be conducted with offerors who submit proposals and who are
determined to be reasonably qualified for the award of the contract. Based on our
The City of Denton Procurement Process Audit Report
June 2019
inquiries with the Purchasing Division, it does not appear that the City Council has adopted
any regulations related to criteria for the discussions referred to above.
The attached detailed report includes additional information. The
cooperation of the City staff during this audit. The Purchasing staff has already begun addressing
these deficiencies. This audit made 14 recommendations. The Purchasing Division has concurred
with 8 of them and partially concurred with the remaining recommendations. If you have any
questions or comments, please contact me at (940) 349-8158 or at
umesh.dalal@cityofdenton.com.
Umesh Dalal,
City Auditor
The City of Denton Procurement Process Audit Report
June 2019
Introduction
The City Internal Auditor is responsible for providing: (a) an independent appraisal of City operations
to ensure policies and procedures are in place and complied with, inclusive of purchasing and
contracting; (b) information that is accurate and reliable; (c) assurance that assets are properly
recorded and safeguarded; (d) assurance that risks are identified and minimized; and (e) assurance that
The City Au The objectives of
the audit were to evaluate internal controls in the process and verify compliance with laws, regulations
and policies.
The audit was conducted in accordance with the Generally Accepted Government Auditing Standards
promulgated by the Comptroller General of the United States. Those Standards require that the
auditors plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable
basis for their findings and conclusions based on the audit objectives. The auditors believe that the
evidence obtained during this audit provides a reasonable basis for their findings and conclusions based
on the audit objectives.
Management Responsibility
The City management is responsible for ensuring resources are managed properly and used in
compliance with laws and regulations; programs are achieving their objectives; and services are being
provided efficiently, effectively, and economically. Management is responsible for establishing and
maintaining a system of internal accounting and management controls. In fulfilling this responsibility,
management is required to assess the expected benefits and related costs of control procedures.
Background
Purchasing plays a very important role in the City. During FY18, the Purchasing Division procured
products and services valued at almost $168 million that assured continued operations of the City.
The State of Texas statutes related to public procurement promotes fair and competitive purchasing of
products and services. The City must comply with the City Ordinance related to procurement that has
adopted state regulations by reference. Texas Local Government Code Chapter 252 and Chapter 271
and Texas Government Code Chapters 2252, 2253, 2254 and 2267 generally govern most of the
procurements. In addition, for DME procurements, the City has adopted regulations as permitted by
the State Codes.
The City of Denton Procurement Process Audit Report
June 2019
The Purchasing Division performs the following tasks:
Formal Solicitations
Contract Management
Processing of purchase orders for goods and services
P-card administration.
This audit reviews the compliance with procurement regulations. Auditing the Contract Management
Function is deferred as the Procurement and Compliance Department is currently working on
implementation of a new software and establishing relevant policies and procedures. The P-card audit was
recently completed by the .
for FY 2018:
Tasks Workload
Contracts managed About 500
Purchase requests processed 3,147
Solicitation processed 178
P-card transactions administered 21,499
What Works Well?
Policies and Procedures:
The Division has current policies and procedures that if complied with will promote compliance
with procurement regulations.
Cooperative Purchases:
The procurement regulations allow the City to purchase products and services on another
procure desired products and services in a timely manner. We observed that the City has taken
advantage of this provision and the division had obtained the City Council approvals for the
contracts for procurements over $50,000.
Processing of Emergency Purchases:
The Division had appropriately processed emergency purchases observed during the audit.
The City of Denton Procurement Process Audit Report
June 2019
Opportunities for Improvement:
The state statutory requirements were not followed for all procurements
exceeding $50,000.
Legal Requirements:
According to the Texas State Local Government Code:
COMPETITIVE REQUIREMENTS FOR PURCHASES. (a) Before a municipality may
enter into a contract that requires an expenditure of more than $50,000 from one or more
municipal funds, the municipality must:
(1) comply with the procedure prescribed by this subchapter and Subchapter C for
competitive sealed bidding or competitive sealed proposals...
Section 252.043 provides that if the competitive sealed bidding requirement applies to the contract
for goods or services, the contract must be awarded to the lowest responsible bidder or to the
bidder who provides goods or services at the best value for the municipality.
The State statutes also prescribe methods for construction contracting and Electric Operations
purchasing.
What we found?
We found that most of the major purchases exceeding $50,000 were handled in accordance with
statutory requirements. However, when several smaller amount purchases from a vendor that
cumulatively exceeded $50,000, the Purchasing Division does not have a process to monitor and
procure them competitively using sealed bids. This results in a potential violation of procurement
statutes.
During the audit period, the City had procurements from 132 vendors from whom the City made
separate purchases of lesser amounts that cumulatively exceeded $50,000. We found that the City
purchased products or services totaling $22.7 million from these vendors. We worked with the
Purchasing Manager to identify 71 of these vendors from whom the City had made purchases
totaling $7.4 Million (Attachment A). The purchases made from each of these vendors for FY 17
and FY 18 were in excess of $50,000. The City did not solicit sealed bids/proposals as required.
Purchasing previously interpreted the statutes to only require sealed bids/proposals for a
single purchase exceeding $50,000. Therefore, they were not monitoring cumulative
The City of Denton Procurement Process Audit Report
June 2019
purchases that exceed $50,000. According to Procurement Statutes, if separate purchases
of items that in normal purchasing practices would be purchased in one purchase
cumulatively exceed the $50,000 threshold, compliance with the required sealed
bidding/proposals provisions is required. The Procurement statutes do not specify a
timeframe for combining separate purchases in order to determine compliance with the
required sealed bidding/proposals provisions.
There were three distinct issues with this situation:
1. These purchases could be treated as sequential, separate, or cumulative purchases under
state statutes that add up to $50,000 or more. This practice is not in compliance with the
statutes, if sealed bids/proposals are not invited.
2. The City may not get price advantage due to volume discount.
3. If there is no contract, the city
the liabilities and responsibilities of the vendor.
The above observations may represent non-compliance with the procurement statutes discussed
in this section of the report.
The City Auditor met with the Deputy City Attorney, Director of Finance, Chief of Staff, Director of
Procurement and Compliance, Purchasing Manager, and Compliance Officer on May 9, 2019 and
all agreed on the following processes for compliance with the required sealed bidding/proposals
provisions, which Purchasing has implemented:
Purchasing will conduct an initial review of the past 3 years of transactions to identify
purchases that should be purchased in compliance with competitive procurement
requirements.
Purchasing will monitor purchases monthly and review all purchases over a rolling one-
year period to identify purchases subject to HUB and competitive bidding requirements.
Periodic two-year reviews of purchases will also be conducted to identify purchases for
compliance with competitive procurement statutes.
Purchasing will request sealed bids/proposals when applicable.
The Comptroller of the State of Texas recommends using NIGP codes for classifying purchases.
Use of these codes has several other benefits such as better management and analysis of
purchases. The most important benefit the City can realize is better monitoring of purchases for
compliance with state statutes. Using five-digit NIGP codes would allow proper classification and
The City of Denton Procurement Process Audit Report
June 2019
control over purchases. Proper spend analysis using these codes may allow the City to
consolidate purchases and get volume discounts.
The City of Frisco uses five-digit NIGP commodity codes. We were told by the Technology
Services Department representat
accommodate these codes and will allow monitoring purchases using these codes.
Why does it matter?
According to the Texas State Local Government Code 252.062, a municipal officer or
employee that fails to comply with the competitive bidding or competitive proposal
procedures required by Chapter 252 may be convicted of a Class B misdemeanor. This
includes a situation in which a person makes or authorizes separate, sequential or
component purchases in an attempt to avoid competitive bidding requirements. A Class B
misdemeanor may be punishable by a fine of up to $2,000, confinement in jail for up to 180
days, or both the fine and confinement. A final conviction results in the immediate removal
from office or employment. In addition, a contract made in violation of procurement laws is
void.
Proper spend analysis and consolidation of purchases could allow the City to manage
purchases better and take advantage of increased competition.
reputation adversely.
Recommendations:
1. Provide training to Procurement staff and departmental liaisons on purchasing regulations.
2. Use at least five-digit NIGP commodity codes for purchases after training departmental and
purchasing personnel about their use.
3. Require Purchasing personnel to monitor purchases and seek sealed bidding for expenditures
exceeding $50,000 either as one purchase or cumulatively from several purchases as agreed
during this audit. Using commodity codes would assist in this effort.
4. Require the Purchasing Manager to conduct a periodic spend analysis to identify opportunities
for consolidation of purchases to obtain volume discounts.
The City of Denton Procurement Process Audit Report
June 2019
City management response:
Prior to December 2018, Purchasing staff were unable to aggregate expenditures by vendor in the
on expenditures by vendor. Monthly monitoring by expenditures is on-going and staff is working
to identify contracting opportunities. However, the accounting software, JD Edwards, is not set up
to review expenditures on a 12 month rolling year. The system is set up to report by fiscal year.
During the audit period, Purchasing completed transactions with 1,211 vendors during FY 2017 and
1,186 vendors during FY 2018. The seventy-one (71) vendors identified in Attachment A represent
4.34% of the vendors the City transacted with over the two year period. Additionally, the $7.4
million of expenditures listed in Attachment A represent 1.67% of the entire spend of $443M
processed through the Purchasing department during the two year period. Twenty-nine (29) of the
seventy-one (71) vendors identified in Attachment A had expenditures of less than $50,000 in each
separate fiscal year 2017 and 2018. Prior to the audit, Purchasing monitored cumulative spend
during a fiscal year and not cumulatively over a 12 month rolling period or a combined period of
two fiscal years. The City has already contracted with six (6) of the seventy-one (71) vendors in
order to comply with procurement statutes. Purchasing will continue to review purchases made
with the remaining thirty-six (36) vendors identified in Attachment A and recommend contracts as
needed to comply with the procurement statutes.
City staff surveyed 10 other cities in the DFW area of similar size and found no other city that
monitors cumulative purchases over a 12 month rolling period. Two cities surveyed monitor
cumulative expenditures by fiscal year. The City of Denton appears to be unique in its interpretation
of procurement statutes regarding cumulative purchases which creates operational challenges
including educating and training staff as well as end users. Purchasing staff have agreed to monitor
cumulative purchases on a 12 month rolling period moving forward.
Purchasing staff will work with Technology Services to further research the use of commodity codes
used by purchase order and not on the individual purchase order line items. Since a variety of
commodities are purchased on a single purchase order, use of commodity codes would not allow
for the detailed expenditure analysis being recommended in this audit.
Auditor Comments:
The City must comply with the laws. Non-compliance with only a small number of vendors
purchases worth $7.4 million compared to all the purchases of the City does not provide
justification for the non-compliance. The salient point the audit made is
The City of Denton Procurement Process Audit Report
June 2019
duty is to verify and ensure compliance with the state statutes. The Division did not have
monitoring process for purchases made by the City departments, which resulted in most of the
conditions observed during this audit.
Office
to understand appropriate interpretation of the statutes. The City Attorney did not agree with the
atutes. It is difficult to determine from the response if all of
the cities surveyed had
Electronic Bids:
The City receives electronic bids (E-bids). City Council resolution R2105-002 dated February 3, 2015
authorized the Purchasing Division to receive e-
a Materials Management Division Electronic Receipt of Bids and Proposals Policy as permitted by
Texas Local Government Code, Section 254.0415, as a rule to ensure the identification, security and
confidentiality of electronically transmitted bids or proposals; and to ensure that such bids or proposals
remain effectively unopened until the proper time.
What we found?
The Purchasing Manager of the City of Denton or his/her designee
shall serve as the City's administrator over electronic bids and proposals. The Technology Services
Department Head for the City of Denton, or his/her designee, shall ensure technical components of the
identification, security, and confidentiality of electronic bids and proposals are maintained within the
City of Denton's Electronic Procureme
The City does not have an Electronic Procurement Submittal System. In addition, according to
Technology Services Director, they cannot confirm adequacy of security that would prevent premature
opening of the bids. We were informed that an Assistant Buyer receives all e-bids. These e-bids are in
the form of emails to which Excel spreadsheets containing bids are attached. When the bids are due
to be opened the Assistant Buyer forwards the file folder containing emails to the Buyer. State statute
requires these bids to be opened at the designated place, which is the Purchasing conference room,
and should be read aloud. Many times, no one attends bid openings. In this event, the buyers open
bids at their own desks.
opportunities for manipulation of bids as follows:
Bids can be opened any time after they are received but before the designated day of the bid
opening.
Bids could be altered or substituted during this time.
The City of Denton Procurement Process Audit Report
June 2019
When bid opening is not attended by bidders, the Buyers open bids without any witness. In
this event bids could be altered or substituted without being detected. Changes in Excel
spreadsheet do not have an audit trail to detect changes after the fact. In addition, the bids
are not being opened at the designated place.
Why does it matter?
The integrity of bidding process may be questioned. If the City is not able to defend its process, the
contract may not be valid, and the
may be impacted adversely.
Recommendations:
5. Require Purchasing to implement an electronic solution to secure electronic bids prior to the
bid opening date. If this cannot be accomplished, require all bids to be submitted to a
person/unit not involved in purchasing activity and forward bids to the buyer on bid opening
day.
6. Ensure that the bids, once submitted, cannot be changed.
7. Require witnessing of the bid opening, which must be conducted at the designated place.
City management response
The Purchasing department purchased an electronic bidding software as approved by Council on
November 6, 2018. The purpose of the software is to ensure compliance with bidding policies and
procedures as well as maintain security of all electronic bids received by the City. The software
has been implemented as of June 2019 and staff is working to communicate the process changes
to vendors and potential bidders.
Procurements exceeding $3,000 but less than $50,000
purchases in this range. In addition, Sec. 252.0215 A
municipality, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least
two historically underutilized businesses on a rotating basis, based on information provided by the
comptroller pursuant to Chapter 2161, Government Code. If the list fails to identify a historically
underutilized business in the county in which the municipality is situated, the municipality is exempt from
this section.
The City of Denton Procurement Process Audit Report
June 2019
What we found?
The City has made purchases totaling almost $15.6 million with each purchase within a range of $3,001
through $49,999, from 867 vendors. An analysis of purchases made from a sample of 50 of these
vendors indicated that purchases from 40 vendors or 80% of the sample did not have two quotes from
historically underutilized businesses (HUB). These records did not indicate if a search for such
businesses in Denton County was conducted as required by the statutes.
In addition, the required three quotes were not obtained from 27 or 54% of the sampled vendors.
These observations are as follows:
Vendor Spending Evidence Evidence
of Three of HUB
Quotes? Quotes?
123 Security Products $3,652.00 Yes No
Action Target $5,850.00 No No
Active Network Inc $6,526.91 No No
Ace Golf Netting LP $7,500.00 No No
Ironsmith Inc $7,749.00 No No
Aerowave Technologies $11,394.33 No No
C C Creations- Po $11,693.54 No No
Ace Air Conditioning & Heating $12,626.04 No No
ADB Safegate America Holding Inc $14,005.61 No No
Spectracom Corporation $14,278.00 Yes No
A Star Renovation $15,940.00 No No
Hanes Geo Components $18,535.27 No No
Forterra Pressure Pipe Inc $21,471.00 No No
AGM Airfield Guidancesign Manufacturers $26,480.00 No No
Barco Well Service LP $28,826.22 Yes No
RCS Inc $33,215.00 No No
Advanced Rescue Systems $38,040.00 No No
A Closer Look Inc $43,000.00 No No
Acme Fence Services Inc $47,350.00 Yes No
Fluid Components International LLC $23,260.00 No No
Gabriel Roeder Smith & Company $17,000.00 No No
Game Court Services Inc $11,995.00 Yes No
Galls LLC $27,706.00 Yes No
Genes Paint & Body Shop $7,121.50 No No
Geoshack $8,812.25 Yes No
The City of Denton Procurement Process Audit Report
June 2019
Global Rental Company Po $26,428.57 No No
Herc Rentals Inc $4,208.00 No No
Irrigators Supply Inc $17,761.04 Yes No
Isco Industries $33,920.80 Yes No
Jamar $3,803.00 No No
Jessica Adamson LLC $7,140.00 No No
JIFCO Inc Of Texas $10,325.00 No No
Kaspar Ranch Hand Equipment LLC $13,702.50 Yes No
Knox Company $29,542.00 No No
Lantek Communications Inc- Remit $16,331.59 Yes No
Leum Engineering Inc $45,200.00 Yes No
Life Fitness $16,742.68 Yes No
LSC Trailer Sales LLC $16,140.00 Yes No
Maglo Sports LLC $24,375.00 No No
Magnus Industries LLC $36,000.00 Yes No
As described before, Purchasing interpreted statutes to only require two or more HUB quotes with
a single purchase of $3,000 or more. According to the Procurement Statutes, if separate purchases
of items that in normal purchasing practices would be purchased in one purchase cumulatively
exceed the $3,000 threshold, compliance with the required HUB provisions is required. Purchasing
will conduct the same review process as described above and comply with HUB statutory
requirements when applicable.
The Purchasing Division did not have a process or a way to monitor these purchases for
compliance. As stated in the previous observation, use of commodity codes would enable
the purchasing staff to monitor purchases.
Why does it matter?
The situation cited in the observation represents non-compliance with procurement regulations.
Recommendations:
8. Require Purchasing staff to monitor purchases made to ensure that three quotes and the
quotes from HUB vendors are obtained for total purchases over $3,000 but less than $50,000.
The City of Denton Procurement Process Audit Report
June 2019
9. Documentation must be maintained on the record if HUB vendors providing desired product
or services are not available from a HUB vendor in Denton County.
City management response:
HUB vendors were given the opportunity to quote, if a HUB vendor was available in Denton
County. As of March 2019, Purchasing implemented a new process to standardize requisition
requests and document HUB compliance. Every requisition processed by Purchasing requires
documentation verifying HUB compliance, where applicable. Monitoring of cumulative purchases
will be challenging given that the current policy does not require departments to obtain quotes
or comply with HUB requirements for purchases less than $3,000. Purchasing does not currently
have a mechanism to inform departments of when non-contract expenditures with a particular
vendor reach a certain dollar amount (e.g. $3,000).
Bid Evaluation
In order for the City to have an objective evaluation of bids received for solicitations, the following
condition needs to exist:
A team of evaluators must be assembled,
Specific evaluation criteria must be established with guidelines for consistent evaluation
The team members must be independent and not influenced by others
The reasoning for scoring is documented
What we found?
Of 57 solicitations we examined:
Thirty-four had a summary of bid evaluations. In these cases, evaluation sheets for evaluators
were not available. It was not clear, who compiled the evaluation summaries. There were no
minutes of the evaluation meeting. Based on the available records, it is not clear if the
evaluation team worked independently without any influence. Also, on a number of bid
tabulation scorings, subjective criteria such as probable performance was not explained.
does not clarify how new vendors would be rated. This gives an impression that
outcome of the bid process was pre-determined.
The remaining 23were exceptions due to cooperative or sole source purchases.
The City of Denton Procurement Process Audit Report
June 2019
Local Government Code Section 252.042 (b) requires that discussions in accordance with the terms of
a request for proposals and with regulations adopted by the governing body of the municipality may
be conducted with offerors who submit proposals and who are determined to be reasonably qualified
for the award of the contract. Based on our inquiries with the Purchasing Division, it does not appear
that the City Council has adopted any regulations related to criteria for discussions referred above.
We also observed the following during our review:
Vendor with Lower Price
Solicitations where awards were not
made to the vendor(s) with favorable
pricing
Competing Bids
Techline, Inc. (contract # 6778)
Three Vendors had evaluated bids below
Evaluated Bid: $13,303,491
was an IFB,
which means that lowest price decides the
award)
Competing Quote
Rental One
Dyson Equip. LLC
Bid: $27,500
Bid: $25,950
In the above contract with Techline, no explanation was available as to why the contract was not
awarded to the vendors quoting lower price. For the purchase from Rental One, three quotes were
received. Rental one had the highest quote. It is not clear why purchase was not made from the
vendor submitting the lowest quote.
The records did not have any documentation describing the reasoning for not awarding bids to the
lowest price vendor(s). This above situation can lead to manipulation and selection of favored vendors.
Why does it matter?
The Local Government Code requirements related to competitive bidding have not been complied
with. In this situation, the City will not have a good defense if the bid award is contested. This could
Recommendation:
The City of Denton Procurement Process Audit Report
June 2019
10. The Director of Purchasing and Compliance must ensure that criteria for best value are
included in the request for bids/proposals.
11. The City Council needs to adopt criteria for discussions with offerors submitting qualified
proposals in accordance with the Local Government Code 252.042 (b).
12. Require retention of all bid evaluation sheets along with detailed explanation of the scores
assigned to each bid. Ensure proper documentation is maintained on the record justifying
awarding contracts to the vendor other than the vendor offering the lowest price. If these
reasons cannot be documented; the contract must be awarded to the lowest bidder in
compliance with the procurement regulation.
City management response:
As of January 2018, evaluation team members are required to sign a non-disclosure agreement
and affirm no known conflict of interests exists before meeting with the evaluation team. Signed
agreements are sav
evaluation team. The evaluations sampled in the audit report were conducted prior to January
2018. Any indication of bias regarding evaluations, unfair treatment of vendors or conflicts of
interests during the procurement process are referred to the Director of Procurement and
Compliance Officer for review and determination.
Contract # 6778 was awarded to the lowest responsible bidder. The lowest bid received did not
meet the technical specification requirements as stated in the solicitation documents. The original
the final bid tabulation when taken to Council for consideration and award. Disqualifications are
noted in the agenda information sheet provided to Council. Purchasing staff have standardized
the documentation requirements for bid files and disqualifications are clearly noted.
Purchasing staff are currently updating the Purchasing Manual which will include evaluation
criteria in accordance with Local Government Code 252.042 (b). Council is scheduled to review
and adopt the Purchasing Manual updates in August 2019.
Sole Source Purchases:
Sec. 252.022 of the Local Government Code exempts a procurement of items that are available
from only \[emphasis added\] one source, including:
The City of Denton Procurement Process Audit Report
June 2019
(A) items that are available from only one source because of patents, copyrights, secret processes,
or natural monopolies;
(B) films, manuscripts, or books;
(C) gas, water, and other utility services;
(D) captive replacement parts or components for equipment;
(E) books, papers, and other library materials for a public library that are available only from the
persons holding exclusive distribution rights to the materials; and
(F) management services provided by a nonprofit organization to a municipal museum, park, zoo,
or other facility to which the organization has provided significant financial or other benefits.
What we found?
In 41 (87.2%) of the 47 sole source purchases reviewed, there was no evidence that items offered
Twenty-nine (61.7%)
and stating that they are the only one that can provide their own proprietary product. Although,
it is conceivable that other products in market can serve the same purpose. There was no evidence
that the staff conducted research to verify if other products were available. The Purchasing staff
has been accepting these letters as a conclusive proof of the products being sole-source and
authorizing non-competitive purchases. There was no evidence on record indicating the
Purchasing staff verification, researching or challenging of the claim by the departments or
vendors.
On the remaining exceptions their
preference due to their past positive experience with the product they are recommending. Some
correspondence infers that there are other vendors that can provide services. One of the examples
is procurement of HVAC system, where the department indicated positive experience with the
system and vendor certified that they are the only provider of that system. However, it is common
knowledge that there are several vendors who would offer different HVAC systems. The Purchasing
Division personnel did not question the sole source claim and approved the purchase. Also, these
procurements did not fall within categories listed in exemption form competitive bidding under
State statute.
A Purchasing staff member indicated that since these agreements are approved by the City Council,
there was no need for further explanation. However, it should be noted that the City Council
approves the sole-source agreement upon management recommendation.
The City of Denton Procurement Process Audit Report
June 2019
Purchasing recently introduced a form to be signed by both the Department Head and Purchasing
Manager as a solution for justifying why the items or service are the only ones suitable and
necessary for the City. The form also requires a statement that the research was performed to
ensure that no other source can fulfill the requirement. It should be noted that while this is a step
in the right direction, Purchasing will have to perform its own due diligence to verify the validity of
statements made by the departments.
Why does it matter?
It appears that the City has not complied with the Local Government Code provisions related to
mechanism for detecting and preventing violation. This mechanism needs to be improved through
better scrutiny of sole source purchases.
Recommendations:
13. Require the Department Directors to ensure that the products or services requested for sole-
source procurement are not available from any other source.
14. Require the Purchasing Division to conduct due diligence to research and obtain all pertinent
information related to the sole-source purchase request for analysis and determine if the
request complies with the state regulations. The following procedures may also be used to
determine if the request for the sole-source is valid:
i. Advertise in the newspaper
sole-source and invite proposals/information from potential vendors related to
the procurement.
ii. Consult the Cit
is necessary to justify the sole-source procurement.
City management response:
As stated in the audit, Purchasing staff recently introduced a sole source justification form
requiring departments to explain the selection process for products and any research
conducted by departments in order to justify sole source exemption status. In addition to the
justification form, Purchasing staff check cooperative agreements for the desired product or
service as well as check with other municipalities who have recently made similar purchases.
Purchasing also utilizes GovSpend, which allows members to research how other entities
procure goods and services, to further research and verify sole source claims. For sole source
The City of Denton Procurement Process Audit Report
June 2019
order to ensure the purchase meets exemption status in the procurement statutes.
The City of Denton Procurement Process Audit Report
June 2019
Appendix I:
The following summarizes the recommendations issued throughout this report. The auditors found that staff and
the Division was receptive and willing to make improvements to controls where needed. Management has
provided their response to each recommendation.
Expected
tƩƚǝźķĻ ƷƩğźƓźƓŭ Ʒƚ tƩƚĭǒƩĻƒĻƓƷ ƭƷğŅŅ ğƓķ ķĻƦğƩƷƒĻƓƷğƌ ƌźğźƭƚƓƭ ƚƓ Completion: In
1 Concur
ƦǒƩĭŷğƭźƓŭ ƩĻŭǒƌğƷźƚƓƭ͵ progress; on-
going
Comments: Training is provided quarterly to department liaisons and as requested for Responsibility:
department users, Purchasing staff training is budgeted annually and attended as relevant Purchasing
training is available.
Expected
ƭĻ ğƷ ƌĻğƭƷ ŅźǝĻΏķźŭźƷ bLDt ĭƚƒƒƚķźƷǤ ĭƚķĻƭ ŅƚƩ ƦǒƩĭŷğƭĻ ğŅƷĻƩ
2 Partially Concur Completion:
ƷƩğźƓźƓŭ ķĻƦğƩƷƒĻƓƷğƌ ğƓķ ƦǒƩĭŷğƭźƓŭ ƦĻƩƭƚƓƓĻƌ ğĬƚǒƷ ƷŷĻźƩ ǒƭĻ͵
Unknown
Comments: Use of commodity codes will be researched further in partnership with Technology Responsibility:
Services; commodity codes are likely not a viable option due to system constraints Purchasing/TS
Expected
wĻƨǒźƩĻ tǒƩĭŷğƭźƓŭ ƦĻƩƭƚƓƓĻƌ Ʒƚ ƒƚƓźƷƚƩ ƦǒƩĭŷğƭĻƭ ğƓķ ƭĻĻƉ ƭĻğƌĻķ
Completion:
3 ĬźķķźƓŭ ŅƚƩ ĻǣƦĻƓķźƷǒƩĻƭ ĻǣĭĻĻķźƓŭ υЎЉͲЉЉЉ ĻźƷŷĻƩ ğƭ ƚƓĻ ƦǒƩĭŷğƭĻ Partially Concur
In progress; on-
ƚƩ ĭǒƒǒƌğƷźǝĻƌǤ ŅƩƚƒ ƭĻǝĻƩğƌ ƦǒƩĭŷğƭĻƭ ğƭ ğŭƩĻĻķ ķǒƩźƓŭ Ʒŷźƭ ğǒķźƷ͵
going
Comments: Monthly monitoring of expenditures is on-going however, the reviews will be Responsibility:
retrospective and will not necessary prevent future purchases from taking place especially if Purchasing
solicitations and contracts cannot be established in a timely manner.
wĻƨǒźƩĻ ƷŷĻ tǒƩĭŷğƭźƓŭ ağƓğŭĻƩ Ʒƚ ĭƚƓķǒĭƷ ğ ƦĻƩźƚķźĭ ƭƦĻƓķ Expected
4 ğƓğƌǤƭźƭ Ʒƚ źķĻƓƷźŅǤ ƚƦƦƚƩƷǒƓźƷźĻƭ ŅƚƩ ĭƚƓƭƚƌźķğƷźƚƓ ƚŅ ƦǒƩĭŷğƭĻƭ Ʒƚ Concur Completion:
ƚĬƷğźƓ ǝƚƌǒƒĻ ķźƭĭƚǒƓƷƭ͵ On-going
Comments: Beginning in December 2018, staff has been able to report on expenditures by Responsibility:
vendor. Monthly monitoring by expenditures is on-going and staff is working to identify Purchasing
contracting opportunities. Manager
Expected
wĻƨǒźƩĻ tǒƩĭŷğƭźƓŭ Ʒƚ źƒƦƌĻƒĻƓƷ ğƓ ĻƌĻĭƷƩƚƓźĭ ƭƚƌǒƷźƚƓ Ʒƚ ƭĻĭǒƩĻ Completion:
5 Concur
ĻƌĻĭƷƩƚƓźĭ Ĭźķƭ ƦƩźƚƩ Ʒƚ ƷŷĻ Ĭźķ ƚƦĻƓźƓŭ ķğƷĻ͵ Effective
6/12/19
Comments: As of 6/12/19, the City has implemented an electronic bidding software. Responsibility:
Purchasing
Expected
6 9ƓƭǒƩĻ ƷŷğƷ ƷŷĻ ĬźķƭͲ ƚƓĭĻ ƭǒĬƒźƷƷĻķͲ ĭğƓƓƚƷ ĬĻ ĭŷğƓŭĻķ͵ Concur Completion:
6/12/19
Comments: As of 6/12/19, the City has implemented an electronic bidding software. Responsibility:
Purchasing
Expected
wĻƨǒźƩĻ ǞźƷƓĻƭƭźƓŭ ƚŅ ƷŷĻ Ĭźķ ƚƦĻƓźƓŭͲ Ǟŷźĭŷ ƒǒƭƷ ĬĻ ĭƚƓķǒĭƷĻķ ğƷ
7 Concur Completion:
ƷŷĻ ķĻƭźŭƓğƷĻķ ƦƌğĭĻ͵
On-going
Comments: Purchasing staff will require witnessing of the bid opening, as stated in the Responsibility:
solicitation documents. Purchasing
The City of Denton Procurement Process Audit Report
June 2019
wĻƨǒźƩĻ tǒƩĭŷğƭźƓŭ ƭƷğŅŅ Ʒƚ ƒƚƓźƷƚƩ ƦǒƩĭŷğƭĻƭ ƒğķĻ Ʒƚ ĻƓƭǒƩĻ ƷŷğƷ Expected
8 ƷŷƩĻĻ ƨǒƚƷĻƭ ğƓķ ƷŷĻ ƨǒƚƷĻƭ ŅƩƚƒ I
. ǝĻƓķƚƩƭ ğƩĻ ƚĬƷğźƓĻķ ŅƚƩ Partially Concur Completion:
ƷƚƷğƌ ƦǒƩĭŷğƭĻƭ ƚǝĻƩ υЌͲЉЉЉ ĬǒƷ ƌĻƭƭ ƷŷğƓ υЎЉͲЉЉЉ͵ On-going
Comments: Monitoring of cumulative purchases will be challenging given that the current policy Responsibility:
does not require departments to obtain quotes or comply with HUB requirements for purchases Purchasing
less than $3,000. Purchasing does not currently have a mechanism to inform departments of when
non-contract expenditures with a particular vendor reach a certain dollar amount (e.g. $3,000).
Expected
5ƚĭǒƒĻƓƷğƷźƚƓ ƒǒƭƷ ĬĻ ƒğźƓƷğźƓĻķ ƚƓ ƷŷĻ ƩĻĭƚƩķ źŅ I
. ǝĻƓķƚƩƭ
Completion:
9 ƦƩƚǝźķźƓŭ ķĻƭźƩĻķ ƦƩƚķǒĭƷ ƚƩ ƭĻƩǝźĭĻƭ ğƩĻ ƓƚƷ ğǝğźƌğĬƌĻ ŅƩƚƒ ğ I
. Partially Concur
3/1/19; On-
ǝĻƓķƚƩ źƓ 5ĻƓƷƚƓ /ƚǒƓƷǤ͵
going
Comments: Purchasing implemented a requisition information form that requires Responsibility:
documentation of HUB compliance. Certain purchases are exempt from HUB compliance, these Purchasing
purchases will not have documentation of HUB compliance.
Expected
ŷĻ 5źƩĻĭƷƚƩ ƚŅ tǒƩĭŷğƭźƓŭ ğƓķ /ƚƒƦƌźğƓĭĻ ƒǒƭƷ ĻƓƭǒƩĻ ƷŷğƷ ĭƩźƷĻƩźğ
10 Concur Completion:
ŅƚƩ ĬĻƭƷ ǝğƌǒĻ ğƩĻ źƓĭƌǒķĻķ źƓ ƷŷĻ ƩĻƨǒĻƭƷ ŅƚƩ ĬźķƭΉƦƩƚƦƚƭğƌƭ͵
On-going
Comments: Evaluation criteria are stated in solicitation documents when City issues a Request Responsibility:
for Proposal (RFP). Bids are required to meet specifications & minimum qualifications as stated Purchasing
in solicitation documents when City issues Invitation to Bid (IFB) to be considered for award. Director
Expected
ŷĻ /źƷǤ /ƚǒƓĭźƌ ƓĻĻķƭ Ʒƚ ğķƚƦƷ ĭƩźƷĻƩźğ ŅƚƩ ķźƭĭǒƭƭźƚƓƭ ǞźƷŷ ƚŅŅĻƩƚƩƭ
Completion:
11 ƭǒĬƒźƷƷźƓŭ ƨǒğƌźŅźĻķ ƦƩƚƦƚƭğƌƭ źƓ ğĭĭƚƩķğƓĭĻ ǞźƷŷ ƷŷĻ \[ƚĭğƌ Concur
September
DƚǝĻƩƓƒĻƓƷ /ƚķĻ ЋЎЋ͵ЉЍЋ ΛĬΜ͵
2019
Comments: Purchasing staff are currently updating the Purchasing Manual which will include Responsibility:
evaluation criteria in accordance with Local Government Code 252.042 (b). Council is scheduled Purchasing
to review and adopt the Purchasing Manual updates in August 2019
Expected
wĻƨǒźƩĻ ƩĻƷĻƓƷźƚƓ ƚŅ ğƌƌ Ĭźķ ĻǝğƌǒğƷźƚƓ ƭŷĻĻƷƭ ğƌƚƓŭ ǞźƷŷ ķĻƷğźƌĻķ
12 Partially Concur Completion:
ĻǣƦƌğƓğƷźƚƓ ƚŅ ƷŷĻ ƭĭƚƩĻƭ ğƭƭźŭƓĻķ Ʒƚ Ļğĭŷ Ĭźķ͵
On-going
Comments: Purchasing will maintain bid evaluations with explanations of the scores for the Responsibility:
evaluation team, individual notes from each evaluation team member will not be maintained. Purchasing
wĻƨǒźƩĻ ƷŷĻ 5ĻƦğƩƷƒĻƓƷ 5źƩĻĭƷƚƩƭ Ʒƚ ĻƓƭǒƩĻ ƷŷğƷ ƷŷĻ ƦƩƚķǒĭƷƭ ƚƩ Expected
13 ƭĻƩǝźĭĻƭ ƩĻƨǒĻƭƷĻķ ŅƚƩ ƭƚƌĻΏƭƚǒƩĭĻ ƦƩƚĭǒƩĻƒĻƓƷ ğƩĻ ƓƚƷ ğǝğźƌğĬƌĻ Concur Completion:
ŅƩƚƒ ğƓǤ ƚƷŷĻƩ ƭƚǒƩĭĻ͵ On-going
Comments: Purchasing has implemented a sole source justification form requiring Department Responsibility:
Directors signature when requesting a sole source purchase. Purchasing
wĻƨǒźƩĻ ƷŷĻ tǒƩĭŷğƭźƓŭ 5źǝźƭźƚƓ Ʒƚ ĭƚƓķǒĭƷ ķǒĻ ķźƌźŭĻƓĭĻ Ʒƚ ƩĻƭĻğƩĭŷ Expected
ğƓķ ƚĬƷğźƓ ğƌƌ ƦĻƩƷźƓĻƓƷ źƓŅƚƩƒğƷźƚƓ ƩĻƌğƷĻķ Ʒƚ ƷŷĻ ƭƚƌĻΏƭƚǒƩĭĻ Completion:
14 Partially Concur
ƦǒƩĭŷğƭĻ ƩĻƨǒĻƭƷ ŅƚƩ ğƓğƌǤƭźƭ ğƓķ ķĻƷĻƩƒźƓĻ źŅ ƷŷĻ ƩĻƨǒĻƭƷ ĭƚƒƦƌźĻƭ On-going
ǞźƷŷ ƷŷĻ ƭƷğƷĻ ƩĻŭǒƌğƷźƚƓƭ͵
Comments: Purchasing staff check cooperative purchase agreements, other municipalities, and Responsibility:
Purchasing
documented in a central location.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1610,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding an internal audit of the City’s Utility Cuts
Process.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Internal Audit
CITY AUDITOR: Umesh Dalal
DATE: August 13, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an internal audit
Street Cuts Process
BACKGROUND
The City of Denton currently owns just over 4,700 lane miles of roadway and was valued around $310
million at the end of Fiscal Year 2018
of streets structures by evaluating the effectiveness of utility street cut controls.
RECOMMENDATION
The City AuditorOffice recommends approval of the Audit of Utility Street Cuts.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On June 18, 2019 the Audit/Finance Committee received a report on the Utility Street Cuts audit and
EXHIBITS
1. Agenda Information Sheet
2. Audit Response Cover Letter
3. Audit of Utility Street Cuts Report
4. Presentation
Respectfully submitted:
Umesh Dalal, 940-349-8158
City Auditor
Prepared by:
Madison Rorschach, 940-349-7228
Staff Auditor
Audit Response Cover Letter
Utility Street Cuts Audit
JUNE 12, 2019
City Auditor Acknowledgement
has completed a performance audit of the Utility Street Cuts process.
We conducted this performance audit in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit to obtain sufficient,
appropriate evidence to provide a reasonable basis for our findings and conclusions based on our
audit objectives. We believe the evidence obtained provides a reasonable basis for our findings
and conclusions based on our audit objectives.
(If applicable)
l opinions were requested.
Utilities Acknowledgement
Many of the issues identified
have been corrected or are in the process of being corrected. The Utility has begun requiring
adherence to City standards for non-emergency work. Staff is working with engineering and
inspections to determine if alternative standards are acceptable for emergency repairs or small
scale work. If so, these will be noted in later revisions of the standard details.
Public Works Acknowledgement
process of addressing communication and coordination between Utilities and Public Works as it
relates to the utility cuts findings.
Capital Projects Acknowledgement
to past history of quality control and workloads. Most of the issues identified have already been
addressed or are in process of being addressed. Capital Projects staff is working to address the
remaining issues over the next year, but will require some additional resources not available until
subsequent fiscal years. Until then, Capital Projects is committed to continued process
improvements and refinements.
review the audit of Utility Street Cuts. There were many lessons learned regarding
interdepartmental communication during audits and the need to ensure department directors are
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
engaged throughout the process during the development of this audit. Staff is working to address
the findings noted by Internal Audit in the report.
2
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1753,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding public meeting video recording
prioritization.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Public Affairs / DTV
CM/ DCM/ ACM: Sara Hensley, Assistant City Manager
DATE: August 13, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding public meeting video recording
prioritization.
BACKGROUND
In 1993, DTV began televising City Council Meetings and added the Planning & Zoning Commission a
few years later. In 2009, DTV started live streaming and making City Council and Planning and Zoning
Commission meetings available on-demand. In 2017, the following public meetings were added: Public
Utilities Board, Mobility Committee, Economic Development Partnership Board, and Traffic Safety
Commission.
In August 2018, City staff presented information about recording and televising public meetings to the
Committee on Citizen Engagement. During the discussion, the Committee was interested in options to take
an incremental step to record additional public meetings. At the April 2, 2019 Committee on Citizen
Engagement meeting and the April 23, 2019 Work Session, staff provided information on the current public
meeting production schedule, provided options to achieve staffing sustainability, and sought direction from
Council on public meeting production.
During the April 23 Work Session, the City Council directed staff to contract with Swagit Production, the
Swagit staff at an estimated cost of $10,000. This action would not only allow for the recording of meetings
for additional boards, commissions, or committees, but allow a greater amount of staff resources to be
devoted to non-public meeting video production (e.g. informational videos that engage the public on City
operations and services).
The Council requested a follow up Work Session discussion so that they may evaluate and prioritize the
boards, commissions, or committees that will be live streamed and video recorded for on-demand use.
DISCUSSION
While City staff will continue to manage the recordings of City Council, Public Utility Board, and Planning
and Zoning Commission meetings, the Economic Development Partnership Board, Mobility Committee,
and Traffic Safety Commission are recommended to transition to a remotely recorded format with Swagit
and two additional boards, commissions, or committees could be added for recording.
Staff is requesting that Council provide direction on which two boards, commissions, or committees to
provide video recordings for meetings. Staff recommends Council consider recording meetings for the
following:
Board of Ethics
Zoning Board of Adjustment
Staff recommends the Board of Ethics based on desires by the Board to bring transparency to their
proceedings and also based on feedback received from Council at the April 23 Work Session.
Additionally, the Council may choose to cease recording meetings for a board, commission, or committee
that is currently recorded. Staff has gathered January 2019 through June 2019 viewership data for the public
meetings currently being recorded (see below):
The Traffic Safety Commission has consistently received the lowest viewership of the bodies whose
meetings are currently being recorded. Should the Council wish to reallocate recording capability to another
board, commission, or committee, staff would recommend discontinuing the recordings of the Traffic
Safety Commission.
Alternatively, Council may choose any combination of boards, commission, or committees to be recorded
or request that additional 50 remote recordings be procured to record the meetings of more board and
commissions than previously discussed.
Options
One option will be to simply add one board, commission, or committee, such as the staff recommendation,
to the current meeting recording schedule. Another option would remove the Traffic Safety Commission
from the recording schedule to make room for the recording of a second board, commission, or committee.
A third option would be to expand the number of meetings that are remotely recorded. In all cases, Council
may elect to modify any of the currently recorded boards, commissions, or committees.
FISCAL INFORMATION
Council has previously directed staff to engage with Swagit Productions; therefore, there is no fiscal
impact to the prioritization discussion. Should Council desire to remotely record additional meetings
beyond the 50 currently available, the fiscal impact to the City would be approximately $10,800 for each
block of 50 meetings. Should boards and commissions meeting recordings be requested that are beyond
the initial 50 meetings being provided by Swagit, staff will evaluate whether an additional meeting room
should be equipped for these recordings. The cost to equip a new meeting room for Swagit recordings is
$47,000.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Exhibit 3 Boards, Commissions, and Committees Meeting List
Exhibit 4 Presentation from April 23, 2019 Work Session
Respectfully submitted:
Ryan Adams
Deputy Director of Public Affairs/IGR
Sarah Kuechler
Director of Public Affairs/IGR
/ƚǒƓĭźƌ /ƚƒƒźƷƷĻĻƭ ğƓķ .ƚğƩķƭ ε /ƚƒƒźƭƭźƚƓƭ aĻĻƷźƓŭ {ĭŷĻķǒƌĻƭ
aĻĻƷźƓŭ 5ğǤƭaĻĻƷźƓŭ źƒĻƭ
/ƚǒƓĭźƌ /ƚƒƒźƷƷĻĻƭ
Agenda CommitteeEvery Wednesday as needed2:30 p.m.
Council Airport CommitteeAs Needed
As Needed
Audit Finance Committee
Bi-Monthly; 1st Tuesday10:30 a.m.
Cmte. on Citizen Engagement
1st Monday1:30 p.m.
Cmte. on the Environment
As Needed
CAPR
As Needed usually April-June
Hotel Occupancy Tax and Sponsorship Cmte.
2nd Tuesday9:00 a.m.
Mobility Committee
2nd Wednesday11:00 a.m.
EDP Board
As Needed
Downtown TIF Board
As Needed
Tax Increment Reinvestment #2
As Needed
Development Code Review Committee
.ƚğƩķΉ/ƚƒƒźƭƭźƚƓΉ/ƚƒƒźƷƷĻĻ
2nd Wednesday5:30 p.m.
Airport Advisory Board
6:00 p.m.
Animal Shelter Advisory Cmte.
As Needed
Board of Ethics
As Needed
Bond Oversight Committee
4th Wednesday/usually 6 times per 3:00 p.m. or on availability of
Civil Service CommissionyearCommissioners
Community Development Advisory CmteAs needed from Nov. to Marchhours
Cmte. on Persons with Disabilities3rd Thursday6:00 p.m.
3rd Thursday4:00 p.m.
Health and Building Standards Commission
2nd Monday5:30 p.m.
Historic Landmark Commission
As needed from Nov. to MarchTimes vary
Human Services Advisory Committee
2nd Monday5:30 p.m.
Library Board
1st Monday6:00 p.m.
Parks, Recreation and Beautification Board
2nd and 4th Wednesday
Planning and Zoning CommissionWS 5:30 p.m./Reg Mtg 6:30 p.m.
1st Thursday4:00 p.m.
Public Art Committee
2nd and 4th Monday2nd Mon 9 a.m./4th Mon 6 p.m.
Public Utilities Board
1st Monday5:30 p.m.
Traffic Safety Commission
Last Monday of each month4:00 p.m.
Zoning Board of Adjustment
Notes:
- The meetings shown in green are currently recorded and televised
- In Aug 2017, began recording for Mobility, EDP, and Traffic Safety.
- In 2019, recorded the last meeting of both the CDAC and HSAC re: grant recommendations per Council direction
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1873,Version:1
AGENDA CAPTION
ReceiveareportandholdadiscussionandgivestaffdirectionontheproposedWater,WastewaterandElectric
Rates for FY 2019-2020.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Finance
CFO:Antonio Puente Jr.
DATE:August13, 2019
SUBJECT
Receive a report and hold a discussion and give staff direction on the proposed Water, Wastewater and
ElectricRates for FY 2019-2020.
BACKGROUND
The proposed FY 2019-2020Water, Wastewaterand Electric Operating Budgetsand CIP’s were presented
thrd
to Council on June 4and July 23. The following summarizes the proposed changes to the Water,
Wastewater and ElectricRates:
Water Rates
The attached Water Rate ordinance(Exhibit 2) contains no residential rate increases. Updates to the Upper
Trinity Regional Water District (UTRWD) wholesale raw water rate and pass through rate are based on
contract requirements and will be changed when more information is available. Adjustments are outlined
below.
No residential rate increases
Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional Water District
(UTRWD). The FY 2018-2019City of Dallas raw water wholesale rate is $0.8572/1,000 gallons.
Denton’s raw water wholesale rate to UTRWD, which is set at 85% of Dallas’ raw water wholesale
rate, is $0.7286/1,000 gallons. This rate is determined by the terms of the raw water contract between
Denton and UTRWD. At this time, Dallas’ proposed FY 2019-20raw water wholesale rate is
unknown. Denton’s raw water wholesale rate to UTRWD is expected to increase when Dallas’ rate
becomes available.
Increase the rate for the pass-through raw water sent from Lake Chapman into Lake Lewisville by
the UTRWD per the Cooper Reservoir Project Contract and all “Chapman” water reclaimed for
reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTRWD or
Lewisville. The rate adjustment will be determined by the annual percent change in the urban
consumerprice index as of June 30, 2019. The current rate is $0.0266/1,000 gallons and will
increase to $0.0270/1,000 gallons.
Wastewater Rates
The attached WastewaterRate ordinance(Exhibit 3) contains no residential rate increases. Staff
recommends the following proposed changes to the Wastewater Rates:
No residential rate increases.
Establish a Dyno Dirt bagged rate of $4.00/Per Bag. This cost is based on the cost to purchase
the bag and add compost (1.97), the cost of the compost itself ($0.93/bag) and the cost to move
material, including transporting bags and compost (estimated at $1.10 / bag).
Discontinuing the production of Landscape Mulchdue to limited sales and the cost associated
with regrinding and processing needed to create the product. Staff has been using the base
material for landscape mulch to create an erosion control product, and will focus efforts on that
product line.
Increase the Dyno Dirt Overs rate from $2.00/Cubic Yard to $3.00/Cubic Yard.During the last
2 years, staff has been experimenting with adding overs back into the compost windrows, as
well as using the overs as an erosion control product. Both applications have been successful,
and staff will conduct research during the next year to determine the appropriate price for the
overs due to these new applications. In the interim, staff recommends raising the overs price
to $3 per yard for this fiscal year to help offset labor costs and equipment maintenance.
Electric Rates
The attached Electric Rate ordinance (Exhibit 4) contains no proposed changes to existing base rates, staff
recommends the following proposed changes to the Electric Rates:
The proposed FY 2019-2020 Schedule of Rates for Electrical Service is designed to recover the
cost for Denton Municipal Electric (DME) to serve its customers. There are no proposed
changes to existing base rates. Proposed changes are for language consistency and to update a
DME demand metering process.
DME is proposing to update the rate threshold for larger commercial customers from kilo-volt-
amperes (kVA) to kilowatts (kW). Meters installed for General Service Medium and Local
Government Service accounts measure the kW demand but do not measure kVA; which is the
demand used to bill General Service Large and General Service Time of Use. In order to
properly identify accounts that require a different type of meter to be installed, the threshold
would be changed from 250 kVA threshold to 240 kW. This will not affect customers or their
billing.
EXHIBITS
1.Agenda Information Sheet
2.FY 2019-20RedLineWater Rate Ordinance
3.FY 2019-20 Red Line Wastewater Rate Ordinance
4.FY 2019-20 Red Line Electric Rate Ordinance
5.Water Rate Comparison
6.Wastewater Rate Comparison
7.WaterRatesPresentation
8.Wastewater Rates Presentation
9.Electric Rates Presentation
Respectfully submitted:
David Gaines,349-8260
Director of Finance
Prepared by:
Nicholas Vincent
BudgetManager
940-349-8063
ORDINANCE NO. 2019-_____________________
AN ORDINANCE ESTABLISHING THE RATES FOR WATER AND WATER 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 Rate Schedules for water service as provided for in Chapter 26 of the
Code of Ordinances established as follows:
WATER RATE SCHEDULES
PAGE
WR Residential Water Service 2
WC Commercial/Industrial Water Service Rate 6
WFH Metered Water From Fire Hydrant 9
WW Wholesale Treated Water Service to Upper Trinity Regional Water District 10
WRW Wholesale Raw Water Service to Upper Trinity Regional Water District 12
WCL Wholesale Raw Water Pass-Through to Upper Trinity Regional Water District 13
from Lake Chapman into Lake Lewisville
Water Tap and Meter Fees 14
Fire Hydrant Installation 16
Water Laboratory Testing Fees 17
Special Facilities Rider 18
SCHEDULE WR
RESIDENTIAL WATER SERVICE
(Effective 10/01/1918)
APPLICATION
Applicable for single-family residential service, and individually-metered apartments, mobile homes,
or multi-family facilities with less than four units, with wastewater service within the corporate limits
of the City of Denton, Texas. (WR)
Applicable for single-family residential service, and individually-metered apartments, mobile homes,
or multi-family facilities with less than four units outside the corporate limits of the City of Denton,
Texas with or without wastewater service. (WRO)
Applicable where the metered water is used for domestic purposes and is not returned to the
wastewater system for collection and treatment. (WRN)
Applicable where the metered water is used for landscape irrigation purposes and is not returned to
the wastewater system for collection and treatment. (WRI)
Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is
used for landscape irrigation purposes and is not returned to the wastewater system for collection and
treatment. (WRIO)
Not applicable to resale, temporary, standby, or supplementary service except in conjunction with
applicable rider.
MONTHLY RATE (WR) RESIDENTIAL WATER SERVICE;
AND MONTHLY RATE (WRN) METERED WATER NOT RETURNED TO WASTEWATER
SYSTEM FOR COLLECTION AND TREATMENT
(1) Facility Charge Per Bill
3/4 inch Meter $16.00
1 inch Meter $20.80
1-1/2 inch Meter $27.20
2 inch Meter $34.40
(2) Volume Charge Rate Per 1,000 Gallons
RATE BLOCK PER 30 DAYS WINTER SUMMER
Billing months of Billing months of
NOV. through APRIL MAY through OCT.
0-15,000 gals $4.15 $4.15
2
15,001-30,000 gals $4.15 $5.90
30,001-50,000 gals $4.15 $8.15
Over 50,000 gals $4.15 $10.90
MONTHLY RATES (WRO) WATER SERVICE OUTSIDE CORPORATE LIMITS
MONTHLY RATE
(1) Facility Charge Per Bill
3/4 inch Meter $18.40
1 inch Meter $23.90
1-1/2 inch Meter $31.30
2 inch Meter $39.55
(2) Volume Charge Rate Per 1,000 Gallons
RATE BLOCK PER 30 DAYS WINTER SUMMER
Billing months Billing months
NOV through APRIL MAY through OCT
0-15,000 gals $4.75 $4.75
15,001-30,000 gals $4.75 $6.80
30,001-50,000 gals $4.75 $9.35
Over 50,000 gals $4.75 $12.55
MONTHLY RATES (WRI) METERED WATER SERVICE FOR IRRIGATION
MONTHLY RATE
(1) Facility Charge Per Bill
3/4 inch Meter $16.00
1 inch Meter $20.80
1-1/2 inch Meter $27.20
2 inch Meter $34.40
(2) Volume Charge Rate Per 1,000 Gallons
RATE BLOCK PER 30 DAYS WINTER SUMMER
Billing months Billing months
NOV through APRIL MAY through OCT
0-15,000 gals $4.15 $5.90
3
15,001-30,000 gals $4.15 $8.15
Over 30,000 gals $4.15 $10.90
MONTHLY RATES (WRIO) METERED WATER SERVICE FOR IRRIGATION
MONTHLY RATE
(1) Facility Charge Per Bill
3/4 inch Meter $18.40
1 inch Meter $23.90
1-1/2 inch Meter $31.30
2 inch Meter $39.55
(2) Volume Charge Rate Per 1,000 Gallons
RATE BLOCK PER 30 DAYS WINTER SUMMER
Billing months Billing months
NOV through APRIL MAY through OCT
0-15,000 gals $4.75 $6.80
15,001-30,000 gals $4.75 $9.35
Over 30,000 gals $4.75 $12.55
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall be
provided, subject to the Special Facilities Rider.
4
VOLUME CHARGE
Billing for the water consumption shall be based on the gallon consumption during the billing period.
Formula:
Gallons in rate block
rate per 1,000 gal. in rate block
1,000 gallons
RETAIL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS
ORDINANCE NO. 2014-109.
Under Stage 2 drought conditions, residential customers shall be charged a 10% rate increase for
water usage greater than 15,000 gallons per account per thirty (30) days.
Under Stage 3 drought conditions, residential customers shall be charged a 20% rate increase for
water usage greater than 15,000 gallons per account per thirty (30) days.
5
SCHEDULE WC
COMMERCIAL/INDUSTRIAL WATER SERVICE RATE
(Effective 10/01/1918)
APPLICATION
Applicable to all commercial and industrial users, or other water users not otherwise classified under
this ordinance, for all water provided at one point of delivery and measured through one meter. (WC)
Applicable for all commercial and industrial users or other users not otherwise classified under this
ordinance outside of the corporate limits of the City of Denton for all water service provided at one
point of delivery and measured through one meter, with or without wastewater service. (WCO)
Applicable where the metered water is used for commercial purposes and is not returned to the
wastewater system for collection and treatment. (WCN)
Applicable where metered water is used for landscape irrigation purposes and is not returned to the
wastewater system for collection and treatment. (WCI)
Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is
used for landscape irrigation purposes and is not returned to the wastewater system for collection and
treatment. (WCIO)
Not applicable to resale service in any event, nor to temporary, standby, or supplementary service
except in conjunction with applicable rider.
MONTHLY RATE (WC) and (WCN)
(1) Facility Charge Per Bill
3/4 inch Meter $22.60
1 inch Meter $32.00
l - l/2 inch Meter $38.70
2 inch Meter $51.50
3 inch Meter $110.40
4 inch Meter $218.90
6 inch Meter $299.20
8 inch Meter $419.20
10 inch Meter $600.00
(2) Volume Charge $4.45 per 1,000 gallons
6
MONTHLY RATE (WCO) OUTSIDE CORPORATE LIMITS
(1) Facility Charge Per Bill
3/4 inch Meter $26.00
1 inch Meter $36.80
1-1/2 inch Meter $44.50
2 inch Meter $59.25
3 inch Meter $126.95
4 inch Meter $251.75
6 inch Meter $344.10
8 inch Meter $482.10
10 inch Meter $690.00
(2) Volume Charge $5.10 per 1,000 gallons
MONTHLY RATE (WCI) - IRRIGATION
(1) Facility Charge Per Bill
3/4 inch Meter $22.60
1 inch Meter $32.00
l -l/2 inch Meter $38.70
2 inch Meter $51.50
3 inch Meter $110.40
4 inch Meter $218.90
6 inch Meter $299.20
8 inch Meter $419.20
10 inch Meter $600.00
(2) Volume Charge Rate Per 1,000 Gallons
WINTER SUMMER
Billing months of Billing months of
NOV. through APRIL MAY through OCT.
$4.45 $6.15
MONTHLY RATE (WCIO) - IRRIGATION
(1) Facility Charge Per Bill
3/4 inch Meter $26.00
1 inch Meter $36.80
1-1/2 inch Meter $44.50
2 inch Meter $59.25
3 inch Meter $126.95
4 inch Meter $251.75
7
6 inch Meter $344.10
8 inch Meter $482.10
10 inch Meter $690.00
(2) Volume Charge Rate Per 1,000 Gallons
WINTER SUMMER
Billing months of Billing months of
NOV. through APRIL MAY through OCT.
$5.10 $7.10
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall be
provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the water consumption shall be based on the consumption during the billing period.
Formula:
Gallons consumption
Rate per 1,000 gallons
1,000
COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN
CONDITIONS ORDINANCE NO. 2014-109.
Under Stage 2 drought conditions, Commercial/Industrial customers shall be charged a 10%
surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30)
days.
Under Stage 3 drought conditions, Commercial/Industrial customers shall be charged a 20%
surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30)
days.
8
SCHEDULE WFH
METERED WATER FROM FIRE HYDRANT
(Effective 10/01/1918)
APPLICATION
Applicable for all water taken through a fire hydrant or other direct distribution line source at one
location for private or commercial use not associated with fire fighting. Customers must complete,
DEPOSIT $1,100 per meter
User shall place a deposit each time a City's hydrant meter(s) is requested. The deposit will be
returned when meter is returned and final bill is paid.
NET RATE
Volume Charge $5.20 per 1,000 gallons
Monthly volume shall be computed by subtracting the beginning meter reading from the ending
meter reading divided by 1,000, and multiplied times the volume charge, upon the monthly return of
rd
by the Customer to return the meter to water utilities by the 3 day of each month for reading, results
in acceptance by the Customer to pay a monthly billing equal to 100,000 gallons of water usage for
the month.
Facility Charge $111.75 per bill
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN
CONDITIONS ORDINANCE NO. 2014-109.
Under Stage 2 and Stage 3 drought conditions, use of water from fire hydrants limited to fire fighting,
essential distribution system maintenance, and related activities. All other water use from fire
hydrants will be by special permit only.
9
SCHEDULE WW
WHOLESALE TREATED WATER SERVICE
TO UPPER TRINITY REGIONAL WATER DISTRICT
(Effective 10/01/1918)
APPLICATION
Applicable to all wholesale treated water sales from the City of Denton, Texas to the Upper Trinity
Regional Water District (UTRWD)
Not applicable for temporary, standby, or supplementary service.
MONTHLY CHARGES
The monthly charge for service shall be expressed as a facility charge, a volume price per 1,000
gallons and a demand price per million gallons per day (MGD) of demand.
(WW2/WW3) (1) Facility Charge $288.72 per bill
(2) Water Volume Rate $0.61 per 1,000 gallons
(WD2/WD3) (3) Subscribed Demand Rate $667,879 per MGD (Annual)
12 (Paid Monthly)
*Full Payment of Annual Water Demand Adjustments:
As determined in the last month of each fiscal year (September), if any outstanding or unpaid
annual water demand adjustment charges exist, they shall be included in their entirety on the
monthly billing for the following month of October. Water demand adjustment charges shall
be billed and payable in full, in accordance with the bill payment delinquency provisions
provided for below.
MINIMUM BILLING
The minimum monthly billing shall be the sum of the monthly facility charge plus the monthly
subscribed demand rate charge.
WATER DEMAND
The demand will be billed on a monthly basis at the Water Demand Rate for the subscribed MGD
water demand level. Annual water demand charges will be retroactively adjusted up beginning in
June for each water year, if anytime during the fiscal year the actual peak demand required, as
established by the highest rate of flow controller setting for any one day during the fiscal year, is
greater than the peak demand subscribed during the fiscal year.
10
BILL PAYMENT DELINQUENCY
Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within
twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent
per annum interest charge on the amount due, from the date when due until paid, if not paid within
twenty (20) calendar days of the date a bill for service is rendered.
11
SCHEDULE WRW
WHOLESALE RAW WATER SERVICE TO
UPPER TRINITY REGIONAL WATER DISTRICT
(Effective 10/01/1918)
APPLICATION
Applicable to all raw water sales from the City of Denton, Texas to the Upper Trinity Regional Water
District (UTRWD), per the Interim Sale of Wholesale Raw Water Contract
MONTHLY CHARGES
The monthly charge for service shall be expressed as a volume price per 1,000 gallons.
Volume Charge: $.7286 per 1,000 gallons
PAYMENT
th
Denton shall render bills by the tenth (10) day of each month. Bills shall be due and payable within
twenty (20) calendar days of the date a bill is rendered.
BILL PAYMENT DELINQUENCY
Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within
twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent
per annum interest charge on the amount due, from the date when due until paid, if not paid within
twenty (20) calendar days of the date a bill for service is rendered.
12
SCHEDULE WCL
WHOLESALE RAW WATER PASS-THROUGH TO
UPPER TRINITY REGIONAL WATER DISTRICT
FROM LAKE CHAPMAN INTO LAKE LEWISVILLE
(Effective 10/01/1918)
APPLICATION
Applicable to all pass-through raw water sent from Lake Chapman into Lake Lewisville by the Upper
Trinity Regional Water District (UTRWD) per the Cooper Reservoir Project Contract, as well as, all
Lake Chapman water reclaimed for reuse if discharged into and subsequently withdrawn from
Lewisville Lake by UTRWD or Lewisville pursuant to a reuse permit or other appropriate regulatory
authorization.
MONTHLY CHARGES
The monthly charge for service shall be expressed as a volume price per 1,000 gallons.
Volume Charge: $0.0266$0.0270 per 1,000 gallons
PAYMENT
Denton shall render bills monthly. Bills shall be due and payable within twenty (20) calendar days of
the date a bill for service is rendered.
BILL PAYMENT DELINQUENCY
Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within
twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent
per annum interest charge on the amount due, from the date when due until paid, if not paid within
twenty (20) calendar days of the date a bill for service is rendered.
13
WATER TAP AND METER FEES
(Effective 10/01/1918)
APPLICATION
This schedule applies to the installation, removal, or relocation of water taps and meters by the City
of Denton Utility Department at the request of a person, firm, association or corporation.
TAP AND METER FEES
Any person, association of persons, or corporation that requests that a water main tap, water meter or
water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance
to the Utility Department the following applicable fees:
WATER TAPS WITH METER
All taps and meters listed in this section include the installation of a water main tap, a service line
from the main to the water meter, the meter box, and water meter. Water impact fees are not
included. For situations where portions of this installation requires a pavement cut and repair or the
water service line must be bored under the street, the Paved Street fee shall apply. For installations
that require a full concrete panel section of pavement to be removed and replaced, or that require a
meter larger than 2 inches, the Water Utility Department will provide a special price quotation (see
ction).
Tap Meter Paved Street Unpaved Street
1 inch 5/8 inch x 3/4 inch $2,405.00 $1,605.00
1 inch 3/4 inch x 3/4 inch $2,445.00 $1,645.00
1 inch 1 inch $2,475.00 $1,675.00
2 inch 1-1/2 inch $3,070.00 $2,070.00
2 inch 2 inch $3,080.00 $2,080.00
WATER METER FEES
This section applies where there is an existing water tap and service line of sufficient size to install a
water meter. Situations include water meter installations for new developments and existing
properties requesting a larger water meter with an existing adequately sized water tap and service
line. Fees include installation and setup of a new water meter and a new water meter box (if required).
Water impact fees are not included. For a meter larger than 2 inches, the Water Utility Department
will provide a special price quotation (see fees for installations not listed section).
Size of Meter
5/8 inch x 3/4 inch $305.00
3/4 inch x 3/4 inch $345.00
1 inch $375.00
14
1-1/2 inch $670.00
2 inch $680.00
WATER METER RELOCATIONS
This section applies for relocations for existing water meters to remove them from conflicts with
driveways, sidewalks and other surface obstructions. This standard fee covers relocation of the
meter box and water meter and water service line up to 10 feet and does not include pavement
removal or replacement. For distances longer than 10 feet, the Water Utility Department will
provide a special price quotation in increments of 10 feet
section).
Size of Meter Relocation of 10 Feet or Less
3/4 inch $285.00
1 inch $285.00
1-1/2 inch $340.00
2 inch $390.00
WATER LINE TAPS
This section applies to the installation of all water main taps for extension of water mains, larger
than 2 inch diameter service lines, and fire lines installed by a private contractor. The fees include
the tapping sleeve and isolation gate valve, the installation of the tap, and the removal and
restoration of the pavement for the water tap installation only. The contractor is responsible for
installing the mainline extensions, service lines, and fire lines from the tapping sleeve isolation
valve.
For tap installations impacting concrete pavement that require a full concrete panel section to be
removed and replaced, the Water Utility Department will provide a special price quotation. If
requested, the Water Utility Department can offer to make a short extension of the main or service
line to the back side of the adjacent street curb line or street right of way line based upon a special
price quotation (s
Size of Tap Paved Street Unpaved Street
4 inch $3,600.00 $2,100.00
6 inch $3,800.00 $2,200.00
8 inch $4,800.00 $3,100.00
12 inch $5,500.00 $4,000.00
FEES FOR INSTALLATIONS NOT LISTED
For the installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in
advance based upon the estimated cost of such installation, or similar work, plus an administrative
charge of 20%.
15
FIRE HYDRANT INSTALLATION
(Effective 10/01/1918)
APPLICATION
This schedule applies to the installation, removal, or relocation of fire hydrants by the City of
Denton Utility Department at the request of a person, firm, association or corporation.
FIRE HYDRANT INSTALLATION FEES
Any person, association of persons, or corporation that requests that a fire hydrant be removed,
installed, or relocated by the Utility Department shall pay in advance to the Utility Department the
following applicable fees:
Fire Hydrant Installation Paved Street Unpaved Street
Installation Fee $6,200.00 $4,300.00
FEES FOR INSTALLATIONS NOT LISTED
For the installation of a fire hydrant for which a fee is not specified, the requestor shall pay in
advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an
administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at
actual cost, as determined by the Utility Department, plus a 20% administrative fee.
16
WATER LABORATORY TESTING FEES
(Effective 10/01/1918)
APPLICATION
Applicable to all customers and entities requesting testing and analysis services from the City of
Denton Water/Wastewater Laboratory
RATE
Fee Description Fee Per Test
Colilert (P/A), (Total Coliform, E. coli) $20.00
Colilert Quantitray (MPN), (Total Coliform, E. coli) $25.00
Colilert Quantitray (MPN), (Fecal Coliform) $25.00
Heterotrophic Plate Counts (HPC) $25.00
Records Search per hour $25.00/hour
The testing and analysis fees are established to recover the cost of testing water and wastewater
samples.
MINIMUM BILLING
$20.00 - Testing
$25.00 - Records Search
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
17
SPECIAL FACILITIES RIDER
(Effective 10/01/1918)
(1) All service shall be offered from available facilities. If a Customer service request for a
special or unusual service not otherwise provided for by the water rate ordinance, and/or
requires facilities or devices which are not normally and readily available at the location at
which the Customer requests the service, then the City shall provide the service subject to the
requirements of paragraphs 2 and 3 of this Rider.
(2) The total cost of all facilities required to meet the Customer's special or unusual requirements,
which are incurred by the City in connection with rendering the service shall be 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 the requested service to the Customer.
(3) 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.
SECTION 2. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent or in conflict with the terms of provisions
contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to
the extent of any such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. The Schedule of Rates herein adopted shall be effective, charged and applied
to all water consumption occurring on and after October 1, 201918; and a copy of said rates, fees, and
charges shall be maintained on file in the Office of the City Secretary of Denton, Texas.
18
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: ______ ______ ______ ______
Jesse DavisDon 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 __________________201918.
________________________________
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOSJENNIFER WALTERS, CITY SECRETARY
By: __________________________________
19
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By: ___________________________________
20
ORDINANCE NO. 20192018-_________
AN ORDINANCE ESTABLISHING THE SCHEDULE OF RATES WASTEWATER
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 Rate Schedules for wastewater service as provided for in Chapter 26 of the
Code of Ordinances are established as follows:
WASTEWATER RATE SCHEDULES
SR Residential Wastewater Service 3
SMH Mobile Home Park Wastewater Service 6
SC Commercial and Industrial Wastewater Service 9
SCD Commercial/Industrial Wastewater Service Which Measures With 13
Dedicated Water Meters (Sub-meters); Water For Wastewater Billing
SCS Commercial/Industrial Wastewater Service Which Measures With 15
Dedicated Water Meters (Sub-meters); Water Excluded From Wastewater Billing
SCH Septage & Chemical Toilet Disposal at the Pecan Creek Water 17
Reclamation Plant Septage Transfer Station
SEE Equipment Services Facilities and Restaurants & Food 19
Service Establishments Wastewater Service
SM Metered Wastewater Inside and Outside Corporate Limits 22
SGE Sale of Treated Wastewater Effluent 24
SSC Wholesale Wastewater Treatment Service for a 26
Governmental Agency, Division or Subdivision
CWM DYNO Dirt Products 28
GBL Grass, Brush, and Leaves 30
ST Wastewater Tap and Manhole Fees 31
1
STE Treated Effluent Wastewater Tap Fees 32
OSSF On-Site Sewage Facility Permit Fees 33
SWP Collection and Transportation Services Permit 34
SD Storm Drainage Fees 37
SDI Stormwater Reinspection Fee 39
Special Facilities Rider 40
2
SCHEDULE SR
RESIDENTIAL WASTEWATER SERVICE
(Effective 10/01/1918)
APPLICATION
Applicable for single-family residential service, and individually metered apartments or mobile
homes or multi-family facilities with less than four (4) units. Also applicable for wastewater service
without City of Denton, Texas water service.
Not applicable for sub-billing or other utility billing by service user in any event.
MONTHLY RATES (SR) - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $11.00/bill
(2) Volume Charge $3.80/1,000 gallons effluent
MONTHLY RATES (SRO) OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON
WATER SERVICE
(1) Facility Charge $12.75/bill
(2) Volume Charge $4.40/1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current
winter Average Daily Usage, established annually during the previous billing months of December
through February, and based upon 100% of actual water consumption during those months. The
average daily usage may be calculated using as few as two months. The Average Daily Usage thus
calculated establishes the wastewater volume charge for each subsequent month, through the
following February. The calculated wastewater billed volumes will be capped at a maximum of
18,000 gallons/bill.
For customers without an established winter Average Daily Usage water consumption billing
history derived from the preceding billing months of December through February, wastewater
volume for each billing month through the following February shall be calculated at 100% of
5,400gallons.
MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE
Facility Charge
VOLUME CHARGE - WITH CITY OF DENTON WATER SERVICE
With a current Average Daily Usage, billings through the following February shall be based on the
average daily usage calculated using the following formula.
3
Current Average Daily Usage Rate per 1,000 gallons
1,000
For customers without an established current Average Daily Usage, billings shall be based on 100%
of 5,400 gallons.
5,400 Gallons Rate per 1,000 gallons
1,000
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
MONTHLY RATES (SRNI/SRNO) - WITHOUT CITY OF DENTON WATER SERVICE
SRNI SRNO
Inside Corporate Outside Corporate
Limits Limits
(1) Facility Charge $11.00/bill $12.75/bill
(2) Volume Charge $3.80/1,000 gals $4.40/1,000 gals
The customer shall pay a minimum Volume Charge on the established billable volume of five-
thousand (5,000) gallons per month.
MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE
The Facility Charge plus five thousand (5,000) gallons of wastewater.
VOLUME CHARGE - WITHOUT CITY OF DENTON WATER SERVICE
The billing for the wastewater volume shall be based on the minimum wastewater volume (5,000
gallons) during the billing period.
Minimum Wastewater Volume Rate per 1,000 gallons
1,000
Wastewater volumes will be capped at a maximum of 18,000 gallons/bill.
4
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
5
SCHEDULE SMH
MOBILE HOME PARK WASTEWATER SERVICE
(Effective 10/01/1918)
APPLICATION
Applicable for mobile home parks that are master water metered to provide residential wastewater
Also applicable for wastewater service without City of Denton water service, in the event the
mobile home park does not have a master meter for wastewater. Wastewater service is billed on the
average residential wastewater volume per customer.
Not applicable for sub-billing or other utility billing by service user in any event.
MONTHLY RATE (SMH) - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $26.50bill
(2) Volume Charge $3.80/1,000 gallons effluent
MONTHLY RATE (SMHO) OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON
WATER SERVICE
(1) Facility Charge $30.50/bill
(2) Volume Charge $4.40/1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current
winter Average Daily Usage, established annually during the previous billing months of December
through February, and based upon 100% of actual water consumption during those months. The
average daily usage may be calculated using as few as two months. The Average Daily Usage thus
calculated establishes the wastewater Volume Charge for each subsequent month, through the
following February. The calculated wastewater billed volumes will be capped at a maximum of
18,000 gallons/bill.
For customers without an established winter Average Daily Usage water consumption billing
history derived from the preceding billing months of December through February, wastewater
volume for each billing month through the following February shall be calculated at the established
billable volume (5,000 gallons per month per mobile home) for mobile home park customers not
receiving water service.
6
MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE
Facility Charge
VOLUME CHARGE - WITH CITY OF DENTON WATER SERVICE
With a current Average Daily Usage, billings through the following February shall be based on the
average daily usage calculated using the following formula.
Current Average Daily Usage Rate per 1,000 gallons
1,000
For customers without an established winter Average Daily Usage, billings shall be based on the
established billable volume of 5,000 gallons per mobile home per month.
Established Billable Volume Rate per 1,000 gallons Number of Mobile Homes
1,000
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
MONTHLY RATE (SMNI/SMNO) - WITHOUT CITY OF DENTON WATER SERVICE
SMNI SMNO
Inside Corporate Outside Corporate
Limits Limits
(1) Facility Charge $26.50/bill $30.50/bill
(2) Volume Charge $3.80/1,000 gals $4.40/1,000 gals
The Customer shall pay a minimum Volume Charge on the established billable volume of five-
thousand (5,000) gallons per month.
MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE
The Facility Charge plus five-thousand (5,000) gallons of wastewater per mobile home
7
VOLUME CHARGE - WITHOUT CITY OF DENTON WATER SERVICE
The billing for the wastewater volume shall be based on the wastewater volume calculated during
the billing period.
Minimum Wastewater Volume Rate per 1,000 gallons Number of Mobile Homes
1,000
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
8
SCHEDULE SC
COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE
(Effective 10/01/1918)
REGULAR COMMERCIAL
APPLICATION
Applicable to all general commercial and industrial wastewater service users and to all wastewater
service users not otherwise specifically classified under a specialized class wastewater rate.
Also applicable to all commercial facilities not receiving metered water service from the City of
Denton, including subdivisions, for apartments, or other commercial users.
MONTHLY RATE (SC) - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $26.50/bill
(2) Volume Charge $4.85/1,000 gallons effluent
Billing based on ninety-five (95%) percent of monthly water consumption.
Plus
PRETREATMENT/PROGRAM CHARGES (As Applicable)
(SCA) (A) Categorical Customer $400.00/bill
(SCB) (B) Non-categorical Customer $ 50.00/bill
SAMPLING AND ANALYSIS CHARGES (As applicable)
(A) Sampling charge per sample site (each) $60.00
(B) Analysis charge (per test) Actual cost per test
(C) Violation demand sampling charge per sample site:
Four-Part Grab $170.00/each
First Day of Composite Sampling $110.00
Additional Day Composite Sampling $50.00/each
9
MONTHLY RATE (SCO) OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON
WATER SERVICE
(1) Facility Charge $30.50/bill
(2) Volume Charge $5.50/1,000 gallons effluent
Billing based on ninety-five (95%) percent of monthly water consumption.
MINIMUM BILLING
Facility Charge
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Water volume .95 Rate per 1,000 gallons
1,000
COMMERCIAL AND INDUSTRIAL SURCHARGE
In addition to the above charges for commercial and industrial services, there will be added to the
monthly rate a surcharge based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834 (\[Bu-250\] B + \[Su-250\] S\])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
.00834 is the conversion factor
Bu is the tested BOD level for user X or 250 mg/l, whichever is greater.
B is the unit cost factor for treating one pound of BOD
Su is the tested TSS level for user X or 250 mg/l, whichever is greater.
S is the unit cost factor for treating one pound of TSS
10
MONTHLY RATE (SCNI/SCNO) - WITHOUT CITY OF DENTON WATER SERVICE
SCNI SCNO
Inside Corporate Outside Corporate
Limits Limits
(1) Facility Charge $26.50/bill $30.50/bill
(2) Volume Charge $4.85/1,000 gals $5.50/1,000 gals
The minimum apartment Volume Charge will be for five-thousand (5,000) gallons per unit
receiving wastewater service per month. Other commercial users will be billed on their estimated
monthly wastewater volume.
MINIMUM BILLING
(1) Facility Charge plus 5,000 gallons wastewater per unit receiving wastewater service.
or
(2) Facility Charge plus other commercial user estimated monthly wastewater volume.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Minimum wastewater volume Rate per 1,000 gallons
1,000
Plus
PRETREATMENT/PROGRAM CHARGES (As applicable)
(1) Categorical Customer $400/bill
(2) Non-categorical Customer $50/bill
SAMPLING AND ANALYSIS CHARGES (As applicable)
(A) Sampling charge per sample site (each) $60.00
(B) Analysis charge (per test) Actual cost per test
(C) Violation demand sampling charge per sample site:
11
Four-Part Grab $170.00/each
First Day of Composite Sampling $110.00
Additional Day Composite Sampling $50.00/each
COMMERCIAL AND INDUSTRIAL SURCHARGE
In addition to the above charges for commercial and industrial services, there will be added to the
net monthly rate a surcharge based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834 (\[Bu-250\] B + \[Su-250\] S\])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
.00834 is the conversion factor
Bu is the tested BOD level for user X or 250 mg/l, whichever is greater.
B is the unit cost factor for treating one pound BOD.
Su is the tested TSS level for user X or 250 mg/l, whichever is greater.
S is the unit cost factor for treating one pound of TSS.
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
12
SCHEDULE SCD
COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE
WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS),
WATER FOR WASTEWATER BILLING
(Effective 10/01/1918)
APPLICATION
Applicable to all commercial and industrial wastewater service users and to all wastewater service
users not otherwise classified under this ordinance whose wastewater volume is measured by a
water meter which measures the water which is returned into the wastewater collection and
treatment system. The SCD sub-metered wastewater volumes are billed to the Customer.
Not applicable for sub-billing or other utility billing by service user in any event.
MONTHLY RATE
(1) Facility Charge Billing Per Bill
3/4" Meter $26.00
1" Meter $36.80
1-1/2" Meter $44.50
2" Meter $59.25
3" Meter $126.95
4" Meter $251.75
6" Meter $344.10
8" Meter $482.10
10" Meter $690.00
(2) Volume Charge $4.85/1,000 gallons effluent
The wastewater billing is based on one-hundred (100%) percent of the actual water volume
submetered.
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
13
SPECIAL FACILITIES
All services which require special facilities in order to meet customer's service requirements shall be
provided subject to the Special Facilities Rider.
COMMERCIAL AND INDUSTRIAL SURCHARGE
In addition to the above charges for services, there will be added to the monthly rate a surcharge
based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834(\[Bu-250\] B + \[Su-250\] S\])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
.00834 is the conversion factor
Bu is the tested BOD level for user X or 250 mg/l, whichever is greater.
B is the unit cost factor for treating one pound of BOD.
Su is the tested TSS level for user X or 250 mg/l, whichever is greater.
S is the unit cost factor for treating one pound of TSS.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Actual Water volume Rate per 1,000 gallons
1,000
14
SCHEDULE SCS
COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE
WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS),
WATER EXCLUDED FROM WASTEWATER BILLING
(Effective 10/01/1918)
APPLICATION
Applicable to all commercial and industrial wastewater service users and to all wastewater service
users not otherwise classified under this ordinance whose wastewater volume is calculated by a
water meter which measures the water which is not returned into the wastewater collection and
treatment system. The SCS sub-metered wastewater volumes ar
wastewater billing volumes.
Not applicable for sub-billing or other utility billing by service user in any event.
MONTHLY RATE
(1) Facility Charge Billing Per Bill
3/4" Meter $26.00
1" Meter $36.80
1-1/2" Meter $44.50
2" Meter $59.25
3" Meter $126.95
4" Meter $251.75
6" Meter $344.10
8" Meter $482.10
10" Meter $690.00
(2) Volume Charge None
The wastewater billing exclusion is based on one-hundred (100%) percent of the actual water
volume sub metered.
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
15
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
WASTEWATER SURCHARGE
In addition to the above charges for services, there will be added to the monthly rate a surcharge
based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834 (\[Bu-250\] B + \[Su-250\] S\])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
.00834 is the conversion factor
Bu is the tested BOD level for user X or 250 mg/l, whichever is greater.
B is the unit cost factor for treating one pound of BOD.
Su is the tested TSS level for user X or 250 mg/l, whichever is greater.
S is the unit cost factor for treating one pound of TSS.
VOLUME CHARGE EXCLUSION
The wastewater volume exclusion shall be based on the water volume calculated during the billing
period. This sub-metered volume shall be excluded, in other words, removed, from the master
meter water volume prior to the wastewater billing volume calculation.
16
SCHEDULE SCH
SEPTAGE & CHEMICAL TOILET DISPOSAL
AT THE PECAN CREEK WATER RECLAMATION PLANT
SEPTAGE TRANSFER STATION
(Effective 10/01/1918)
PERMIT REQUIRED
All persons owning or operating a vacuum truck, cesspool pump truck, liquid waste transport truck
or other vehicle shall not service any septic tank, seepage pit, grease interceptor, grit trap/oil
separator, or cesspool within City of Denton without first having received a valid transport truck
discharge (TTD) permit.
APPLICATION
Applicable to all users of the Pecan Creek Water Reclamation Plant Septage Transfer Station. The
requirements:
1. Sections 26-309, 26-310, and 26-311 of the City of Denton Code of Ordinances
2.
Insurance C
3.
City staff, after reviewing the permit application and agreement, and after conducting any
necessary research, may issue the permit, issue the permit with conditions, or deny the issuance
of the permit. The City will establish the number of permits to be issued. The City maintains the
right to deny the disposal of wastes at the Septage Transfer Station when necessary to prevent
adverse affects to the operations of the treatment facilities.
RATE
(1) Facility Charge $5.80/bill
(2) Volume Charge $37.20/1,000 gallons
(3) Application Fee $300.00/per calendar year
(4) Vehicle Permit Fee $300.00/per vehicle per calendar year
(5) Waste Manifests per book of 100 $40.00
17
MINIMUM BILLING
Facility Charge
PAYMENT
Application and Vehicle Permit fee is due in full before first disposal at Pecan Creek Water
Reclamation Plant Septage Transfer Station. Bills are due when rendered, and become past due if
not paid within fifteen (15) calendar days from date of issuance.
VOLUME CHARGE
Billing for the septage volume contained in the septage hauling tank, shall be based on the full tank
volume only.
TERMS AND RENEWAL
Permits are issued annually, beginning Dec. 1, and are effective from Jan. 1 or the date of
issuance, whichever is later, through Dec.31 of the same calendar year. The permit application
process should be initiated and fees should be paid as early as possible during the last quarter of
each calendar year for the upcoming calendar year so that adequate time is available for review
and processing of the application. Submittal of applications by Dec.1 will eliminate the
possibility of permits being issued after Jan. 1. All permits issued under this schedule shall be
valid for up to one calendar year from the date of issuance. All permits issued during each
calendar year will expire on the last day of that calendar year.
18
SCHEDULE SEE
EQUIPMENT SERVICES FACILITIES AND
RESTAURANTS & FOOD SERVICE ESTABLISHMENTS
WASTEWATER SERVICE
(Effective 10/01/1918)
APPLICATION
Applicable to facilities which perform washing, cleaning or servicing of automobiles, trucks, buses
or similar equipment and are categorized by North American Industry Classification System
(NAICS) numbers: (811111, 811112, 811113, 811118, 811122, 811121, 811192, 811198,
447110, 447190) and /or similar code classifications.
Applicable to all restaurants and food service establishments that prepare and serve food directly to
customers and are categorized by NAICS numbers: (722110, 722211, 722212, 722213, 722410,
722310, 722320) and/or similar code classifications.
MONTHLY RATE (SEE)
(1) Facility Charge $26.50/bill
(2) Volume Charge $6.75/1,000 gallons effluent
Billing based on ninety-five (95%) percent of monthly water consumption.
Plus
PRETREATMENT / PROGRAM CHARGES (As Applicable)
(SEA) (A) Categorical $400/bill
(SEB) (B) Non-categorical $50/bill
The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either
categorical or non-categorical. These charges are not to be applied if the Customer is not designated
as either a categorical or non-categorical customer.
SAMPLING/ANALYSIS CHARGES (As Applicable)
(A) Sampling charge per sample site (each) $60.00
(B) Analysis charge (per test) Actual cost per test
(C) Violation demand sampling charge per sample site:
19
Four-Part Grab $170.00/each
First Day of Composite Sampling $110.00
Additional Day Composite Sampling $50.00/each
(1) Customers under the SEE rate shall be charged the SC rate if only pre-wrapped and
preprocessed foods are served from their premises and no food processing is
performed on the premises so that only minimal organic material is discharged to the
sanitary sewer. The exemption for the SEE class shall be determined by the City of
Denton Environmental Health Services Food Inspection Division.
(2) Customers under the SEE rates shall be charged the SC rate plus the applicable
industrial surcharge if the Customer:
(a) Installs a wastewater sampling manhole on the sanitary sewer discharge line;
(b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater
discharge for the following: Biochemical Oxygen Demand (BOD), Total
Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual
costs; and
(c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all
wastewater discharged that is in excess of 500 mg/l of BOD and 600 TSS as
determined by the monitoring performed in Section 2(b).
MINIMUM BILLING
Facility Charge
WASTEWATER SURCHARGE
The wastewater surcharge calculation that applies to equipment services facilities and restaurant and
food service establishments claiming the SEE exemption shall be based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834 (\[Bu-500\] B + \[Su-600\] S\])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
.00834 is the conversion factor
Bu is the tested BOD level for user X or 500 mg/l, whichever is greater.
B is the unit cost factor for treating one pound of BOD.
Su is the tested TSS level for user X or 600 mg/l, whichever is greater.
20
S is the unit cost factor for treating one pound of TSS.
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Water volume .95 Rate per 1,000 gallons
1,000
21
SCHEDULE SM
METERED WASTEWATER INSIDE AND OUTSIDE
CORPORATE LIMITS
(Effective 10/01/1918)
APPLICATION
Applicable to any wastewater service Customer whose wastewater discharge is metered from a
single customer location and not otherwise classified under this ordinance.
MONTHLY RATE SMI SMO
Inside Corporate Outside Corporate
Limits Limits
(1) Facility Charge $323/bill $361.50/bill
(2) Volume Charge $4.85/1,000 gals $5.50/1,000 gals
Plus
(3) Pretreatment/Program Charge (As Applicable)
(SMA) (A) Categorical $400/bill
(SMB) (B) Non-categorical $50/bill
The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either
categorical or non-categorical. The categorical and non-categorical classifications are not bound by
corporate limits. These charges are not to be applied if the Customer is not designated as either a
categorical or non-categorical Customer by the wastewater utility staff.
SAMPLING/ANALYSIS CHARGE (As Applicable)
(A) Sampling charge per sample site (each) $60.00
(B) Analysis charge (per test) Actual cost per test
(C) Violation demand sampling charge per sample site:
Four-Part Grab $170.00/each
First Day of Composite Sampling $110.00
Additional Day Composite Sampling $50.00/each
22
WASTEWATER SURCHARGE
In addition to the above charges, there will be added to the monthly rate for metered wastewater, a
surcharge based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834 (\[Bu-250\] B + \[Su-250\] S\])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
Bu is the tested BOD level for user X or 250 mg/l, whichever is greater.
.00834 is the conversion
B is the unit cost factor for treating one pound of BOD.
Su is the tested TSS level for user X or 250 mg/l, whichever is greater.
S is the unit cost factor for treating one pound of TSS.
MINIMUM BILLING
Facility Charge, plus the appropriate Pretreatment/Program Charge, if applicable
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Wastewater volume Rate per 1,000 gallons
1,000
23
SCHEDULE SGE
SALE OF TREATED WASTEWATER EFFLUENT
(Effective 10/01/1918)
APPLICATION
Applicable for sales of treated wastewater effluent to any municipal utility or approved private
business. Useable for non-potable purposes only. Not intended for human consumption.
Not available for resale in any event.
PRODUCT AVAILABILITY
Wastewater effluent is available for resale only if volumes are available. Supplies may be limited or
unavailable.
MONTHLY RATES
(1) Facility Charge Per Bill
3/4 Meter $22.60
Meter $32.00
1- $38.70
Meter $51.50
Meter $110.40
Meter $218.90
Meter $299.20
Meter $419.20
Meter $600.00
(2) Volume Charge $1.50/1,000 gallons
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided subject to the Special Facilities Rider.
24
VOLUME CHARGE
Billing for the wastewater volume shall be based on the effluent volume calculated during the
billing period.
Formula:
Effluent volume Rate per 1,000 gallons
1,000
25
SCHEDULE SSC
WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL
AGENCY, DIVISION, OR SUBDIVISION
(Effective 10/01/1918)
APPLICATION
Applicable to any municipal corporation, or other governmental agency or subdivision which
operates a wastewater collection system and contracts with the City of Denton for wastewater
treatment service.
MONTHLY RATES
(1) Facility Charge $230.75/bill
(2) Pretreatment/Program Charge (As Applicable)
(A) Categorical $400.00/bill
(B) Non-categorical $50.00/bill
(3) Volume Charge $2.60/1,000 gallons
Billing shall be based on one-hundred (100%) percent of actual gallons measured.
SAMPLING/ANALYSIS CHARGE (As Applicable)
(A) Sampling charge per sample site (each) $60.00
(B) Analysis charge (per test) Actual cost per test
(C) Violation demand sampling charge per sample site:
Four-Part Grab $170.00/each
First Day of Composite Sampling $110.00
Additional Day Composite Sampling $50.00/each
MINIMUM BILLING
Facility Charge.
26
WHOLESALE SURCHARGE
In addition to the above charges for wholesale wastewater services, there will be added to the
monthly rate an industrial surcharge based on the following formula:
Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand (BOD)
$0.42 per pound of Total Suspended Solids (TSS)
Cu = Vu x .00834 (\[Bu-250\] B + \[Su-250\] S\])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for customer X.
.00834 is the conversion factor
Bu is the tested BOD level for user X or 250 mg/l, whichever is greater.
B is the unit cost factor for treating one pound of BOD.
Su is the tested TSS level for user X or 250 mg/l, whichever is greater.
S is the unit cost factor for treating one pound of TSS.
PAYMENT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet Customer's service requirements shall
be provided, subject to the Special Facilities Rider.
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Formula:
Wastewater volume Rate per 1,000 gallons
1,000
27
SCHEDULE CWM
DYNO DIRT PRODUCTS
(Effective 10/01/1918)
APPLICATION
Applicable to any and all customers, whether residential, commercial, or wholesale, which elect to
he City of Denton reserves the right
to restrict or limit the sale of all Dyno Dirt products to any customer at any time.
RATES
Dyno Dirt products will be sold by volume on a cubic yardage basis, or in one cubic foot bags.
Each bag of Dyno Dirt contains 1 cubic foot. Bulk quantities will not be sold in volumes less than
one-half cubic yard.
(A) Compost
(1) Dyno Soil (Top Soil Blend) $30.00 /Cubic Yard
(2) Dyno Dirt $25.00 /Cubic Yard
(3) Dyno Dirt (Bagged) $4.00/Per Bag
(3)(4) Dyno Lite $30.00/Cubic Yard
(4)(5) Dyno Dirt Overs $2.00$3.00/Cubic Yard
(B) Wood Mulch
(1) Dyno Landscape Mulch $27.50/Cubic Yard
(2)(1) Dyno Deco Colored Mulch $30.00/Cubic Yard
(3)(2) Dyno Double Grind $17.50/Cubic Yard
Purchases for (A) and (B) above, greater than ten (10) cubic yards will receive a 20% discount,
purchases greater than 100 cubic yards will receive a 40% discount. A contractors rate will be
given to companies or persons who provide a current and valid resale certificate for inspection.
rate includes a 30% discount on any purchase of from 1 to 99 cubic yards at any
one time of any Dyno Product of the City of Denton.
(C) City of Denton departments will receive a 40 % discount on all purchases of Dyno
Dirt products.
(D) Asphalt Millings $10.00/Cubic Yard
PRODUCT AVAILABILITY
The City of Denton produces Dyno Dirt products throughout the year in varying limited quantities.
The City of Denton does not guarantee the availability of any product, and expressly reserves the
right to restrict the sale of any product based upon available volumes.
28
LOCATION
All Dyno Dirt products may be purchased from the City of Denton at the following location:
Location Address
Compost Sales Bldg
Water Reclamation Plant 1100 Mayhill Road, Denton, Texas
WHOLESALE PURCHASES
All Dyno Dirt products purchased wholesale, for resale to the public, is to be identified as a City of
Denton manufactured product. The wholesale purchaser must provide the City of Denton selling
price information to the retail customer if it is requested.
29
SCHEDULE GBL
GRASS/BRUSH/LEAVES
(Effective 10/01/1918)
APPLICATION
Applicable to all City of Denton residents who submit for deposit at the landfill grass
clippings, brush, and/or leaves, who shall pay the following rates:
GRASS/BRUSH/LEAVES:
Product Characteristics Charge
1. Uncontaminated bagged or un-bagged $20.00/ton
grass, brush, or leaves in less than twelve fo
2. Uncontaminated bagged or un-bagged $30.00/ton
grass, brush, or leaves in greater than twelve foot (12') lengths.
3. Contaminated grass, brush, or leaves of any length: $44.00/ton
4. Whole trees and stumps $50.00/ton
MINIMUM CHARGE
$25.00 per load
Professional landscapers, tree trimmers, and yard maintenance personnel are required to bring
their grass, brush, or leaves (all collectible yard waste) to the landfill, and are not permitted to
leave any of the above-referenced collectible yard waste items stacked or piled on the curb at
Grass, brush, and leaves shall not be assessed the City of Denton solid waste 3.5% surcharge
to compensate for the State of Texas surcharge for all solid waste received at landfills if the
materials are not land filled.
30
SCHEDULE ST
WASTEWATER TAP AND MANHOLE FEES
(Effective 10/01/1918)
APPLICATION
This schedule applies to the installation, removal, or relocation of wastewater taps by the City of
Denton Utility Department at the request of any person, firm, association, corporation, or other legal
entity.
TAP FEES
Any person, firm, association, corporation, or other legal entity that requests that a wastewater main
tap be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to
the Wastewater Utility Department the following applicable fees:
WASTEWATER TAPS WITH CLEANOUT
Size of Tap Paved Street Unpaved Street
4 inch $2,600.00 $1,500.00
6 inch $2,700.00 $1,650.00
8 inch $2,800.00 $1,800.00
MANHOLE BREAKOUT FEE
$165.00
FEES FOR INSTALLATIONS NOT LISTED
For installation of a tap or manhole for which a fee is not specified, the requestor shall pay in
advance a deposit based upon the estimated cost of such installation, or similar work, plus an
administrative charge of 20%. Upon completion of the installation or similar work requested, the
customer shall be billed at actual cost, as determined by the Wastewater Utility Department, plus a
20% administrative charge. Any excess deposit shall be refunded to the Customer.
31
SCHEDULE STE
TREATED EFFLUENT WASTEWATER TAP FEES
(Effective 10/01/1918)
APPLICATION
This schedule applies to the installation, removal, or relocation of treated effluent wastewater taps
by the City of Denton Utility Department at the request of any person, firm, association,
corporation, or other legal entity.
TAP FEES
Any person, firm, association, corporation, or other legal entity that requests that a wastewater main
tap be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to
the Wastewater Utility Department the following applicable fees:
REUSE WASTEWATER LINE TAPS
Size of Tap Paved or Unpaved Street
4 inch Actual cost per tap
6 inch Actual cost per tap
8 inch Actual cost per tap
12 inch Actual cost per tap
FEES FOR INSTALLATIONS NOT LISTED
For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit
based upon the estimated cost of such installation, or similar work, plus an administrative charge of
20%. Upon completion of the installation or similar work requested, the customer shall be billed at
actual cost, as determined by the Wastewater Utility Department, plus a 20% administrative charge.
Any excess deposit shall be refunded to the Customer.
32
SCHEDULE OSSF
ON-SITE SEWAGE FACILTY PERMIT FEES
(Effective 10/01/1918)
APPLICATION
This schedule applies to the new construction of aerobic treatment systems, new construction of
non-aerobic treatment systems, and repair and alteration of the above.
OSSF PERMIT FEES
Any person, firm, association, corporation, or other legal entity that requests a wastewater system
work permit shall pay in advance to the Wastewater Utility Department the following applicable
fees:
New Construction of aerobic treatment systems $500
Reinspection Fee of aerobic treatment systems $250
New Construction of non-aerobic treatment systems $300
Reinspection Fee of non-aerobic treatment systems $150
$200
33
SCHEDULE SWP
COLLECTION AND TRANSPORTATION SERVICES PERMIT
(Effective 10/01/1918)
Any person, entity, or business engaged in the collection and transport of waste, recyclables, or
other materials as classified within this rate schedule, and operating within the City of Denton
must possess a current permit issued from the City prior to providing collection and
transportation services. Any private container located within the City of Denton for use in waste
and recyclables collection services is required to be permitted.
Permits for collection and transportation services are required for, but are not limited to, the
following wastes and recyclables classifications:
Special Waste
Medical Waste
Hazardous Waste
Grease & Grit Trap Waste
Commercial and Industrial Recyclable Materials containerized and baled
Construction and Demolition (C&D) materials, recyclables, reuseables, and discarded
C&D materials
Waste and recyclable collection service providers operating in newly annexed areas, or
contract service providers for the city
Refuse or recyclables that the City does not collect and transport.
Waste Cooking Oil
The person shall apply for a permit from the city, and shall pay the required application fees at
the time of permit application. All permits are non-transferable and are granted as non-exclusive
service permits. Granting permits will be at the discretion of the City to meet the needs of the
community. The permit applicant must pay the required fees, and meet all permit requirements
prior to the issuance of a permit. Applicants with a Texas Commission of Environmental Quality
(TCEQ) poor compliance history may not be permitted.
Granting of Permit
As a condition of granting a permit, the person or entity receiving such permit (permittee) agrees
to execute and comply with all requirements of the service agreement, carry specific types and
amounts of insurance, submit reports, and pay the necessary fees by the specified due date.
Following the granting of a permit, permit stickers shall be issued by the City and shall be placed
by the permittee on all vehicles operating within the city limits of. Collection and transportation
vehicles operating in Denton are required to display a current and valid calendar year permit
decal at all times. If decals are lost by the permittee, and are not visible on their vehicles, then the
vehicles must be re-permitted by the permittee, and all appropriate fees paid, prior to the vehicles
responsible for lost decals.
Exclusions
Individuals living within the City limits of Denton, and hauling personal materials, wastes, or
34
recyclables from their primary living residence are exempt from this requirement.
Any person, who transports applicable materials three or fewer times per year, shall register with
the City on the forms provided for that purpose. No annual service fees are required, but
registration and permitting through the City is required.
Fees
Collection and Transportation Services Permit Fees
Service Providers
Application Fee Paid Annually $200.00
Service Fees:
Per Vehicle $400.00
Per Book of 100 $40.00
Waste manifests:
Service providers desiring to provide services in more than one service category are required to
complete permit documentation and pay the applicable fees for each service category they desire
aid are nonrefundable.
Application and service
Service Department. Service fees are non-transferable between vehicles and are unit specific.
A business which has not been permitted by the City to operate within the City limits of Denton;
or has been suspended by the City from operating within the City limits of Denton, Texas shall
be charged a sum of up to $500.00 per day by the City, for each day of violation of this
Denton permit, or during any suspension of a permit period. Each day of illegal operations
dered a separate violation and the service provider is
subject to being charged a sum of up to $500.00 for each day of violation. Following the receipt
operate within the City limits of Denton, the service provider must meet with the City staff to
update their application and agreement and make payment of all monies owed to the City.
been permitted,
operates any piece of equipment with an expired permit, performs some other permit violation,
fails to
assess all applicable permit violation fees.
City staff, and the payment of all monies owed the City, the status of the permit will be
determined.
35
Revocation of Services & Non-Renewal of Permits
If the City finds any requirement of the permit has been violated, or observes service providers
. Additionally, the City may revoke or not renew the service
permit, thereby requiring the service provider to cease all operations within the City limits of
Denton.
Reclassification of Recyclables
Recyclables containing ten (10%) percent or more contamination, as determined by the City, will
be considered refuse, and its collection may not be provided by service providers permitted
under this ordinance. This material shall be reclassified as refuse and will be collected by the
City of Denton. The Director of Solid Waste or his/her designee, will make the final
determination on whether stored recyclables contain excessive contamination, which at the
determination, may cause the reclassification of these materials to municipal solid waste
(MSW), thereby negating the ability of a service provider to transport this material within
nce.
The City of Denton has the authority to inspect the contents of any container located within
compliance with the contamination requirements, which shall not exceed 10%.
Terms and Renewal
Permits are issued annually, beginning December 1, and are effective from January 1, or the date of
issuance, whichever is later, through December 31 of the same calendar year. The permit
application process should be initiated and fees should be paid as early as possible during the last
quarter of each calendar year for the upcoming calendar year so that adequate time is available for
review and processing of the application. All collection and transportation permits shall be valid for
up to one calendar year from the date of issuance. All permits issued during a calendar year will
expire on the last day of that calendar year.
36
SCHEDULE SD
STORM DRAINAGE FEES
(Effective 10/01/1918)
APPLICATION
Applicable to all real property and appurtenances owned and located within the incorporated limits
of the City of Denton, Texas, except as exempted below. The Storm Drainage fee charged to each
tract of real property is based upon the amount of impervious surface cover that results in water
runoff or water quality impacts into the City of Denton drainage system.
MONTHLY FEE RESIDENTIAL (SDR)
The residential fee is applicable to all single-family through fourplex real properties located within
the incorporated limits of the City of Denton, Texas, for which impervious surfaces can be
individually identified. The residential fee is established by utilizing a block system. The fee
charged in each fee block is set forth and established as follows:
Fee Block Per Bill
0 600 Square Feet $0.50
601 1,000 Square Feet $1.00
1,001 2,000 Square Feet $3.35
2,001 3,000 Square Feet $5.45
3,001 4,000 Square Feet $7.60
4,001 5,000 Square Feet $9.75
5,001 6,000 Square Feet $12.00
Over 6,000 Square Feet $15.50
MONTHLY FEE NON-RESIDENTIAL (SDN)
The non-residential fee is applicable to all other real property owned and located within the
incorporated limits of the City of Denton, Texas, except as exempted below. The non-residential
fee is based upon the total square footage of impervious surface cover measured for each
customer/owner.
Formula:
Measured Square Footage of Impervious Surface Cover x $0.00186 per bill
EXEMPTIONS
The following real property owned and located within the incorporated limits of the City of Denton,
Texas shall be exempt from imposition of the residential fee or the non-residential fee:
1. Real property with proper construction and maintenance of a wholly sufficient and
37
privately-owned drainage system, not draining into the City of Denton drainage system, upon the
2. Real property held and maintained in its natural state, until such time that the real property is
developed, and all of the public infrastructure constructed thereon has been accepted by the City; or
3. Real property, consisting of an unimproved subdivided lot, until such time as a structure has
been built on the lot and a certificate of occupancy has been issued by the City.
No other exemptions to the residential fees or the non-residential fees are applicable.
38
SCHEDULE SDI
STORMWATER REINSPECTION FEE
(Effective 10/01/1918)
APPLICATION
Applicable to active construction or land disturbing activities located within the incorporated limits
of the City of Denton, Texas. The Stormwater Reinspection Fee is charged to operators or
designated representatives of projects where land disturbing activity is occurring, including new
construction, demolition, and redevelopment.
RATE
Reinspection fees for initial or periodic inspection resulting in non-compliance, notices of violation
and/or stopwork orders. Fees may be waived at discretion of the inspector for minor noncompliance
issues.
Fee: $150.00/site inspection
39
SPECIAL FACILITIES RIDER
(Effective 10/01/1918)
(1) All service shall be offered from available facilities. If a customer service request for a
special or unusual service not otherwise provided for by the Wastewater rate ordinance,
and/or requires facilities and devices which are not normally and readily available at the
location at which the Customer requests the service, then the City shall provide the service
subject to the requirements of paragraph 2 and 3 of this rider.
(2) The total cost of all facilities required to meet the Customer's special requirements which are
incurred by the City in connection with rendering the service, shall be subject to a contract
entered into between the City and the Customer. This contract shall be signed by both
parties prior to the City providing the requested service to the Customer.
(3) 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.
40
SECTION 2. All ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. The Schedule of Rates herein adopted shall be effective, charged and applied
to all wastewater service rendered on and after October 1, 201918, and a copy of said rates, fees,
and charges shall be maintained on file in the Office of the City Secretary of the City of Denton,
Texas.
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
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Jesse DavisDon Duff, District 3: ______ ______ ______
______
John Ryan, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
41
PASSED AND APPROVED this the _________ day of ___________________, 201918.
__________________________________
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOSJENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
42
ORDINANCE NO. 20198-_______
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 Rrate 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 10/01/1810/01/19)
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 2450 kWVA \[REC1\]in each of the previous twelve (12) months for all electric
service supplied at one point of delivery and measured through one meter. If demand in any month is
equal to or exceeds 240 kW, billing will be made under the Rate Schedule GSL and the Customer
must remain on the GSL rate for a minimum of twelve (12) billing periods. \[REC2\]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;
14
(2) The Demand Charge
DETERMINATION OF DEMAND
The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1)
the actual monthly kW demand as measured during the fifteen (15) minute period of maximum use
each month; or (2) seventy percent (70%) of the maximum monthly actual demand for any month
during the previous billing months of May through October in the twelve (12) months ending with
the current month.
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 10/01/1810/01/19)
APPLICATION
The General Service Large (GSL) Rate is applicable to any commercial or industrial customer
having a minimum actual demand of 2450 kWVA \[REC3\]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 10/01/1810/01/19)
APPLICATION
Applicable to any Customer having a minimum demand of 2450 kWVA \[REC4\]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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 2450 kWVA \[REC5\]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 10/01/1810/01/19)
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 over 20 kW\[REC6\]; 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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 10/01/1810/01/19)
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
DSD 100 W Equivalent LED $ 9.61/bill
DSE 250 W Equivalent LED $12.71/bill
DSF 400 W Equivalent LED $15.32/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
DSD 100 W Equivalent LED 25 kWh
DSE 250 W Equivalent LED 96 kWh
DSF 400 W Equivalent LED 148 kWh
37
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
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 10/01/1810/01/19)
APPLICATION
Applicable to any Customer requesting service on the perimeter of the historic County Courthouse
system 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 10/01/1810/01/19)
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 10/01/1810/01/19)
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
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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 10/01/1810/01/19)
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 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 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 10/01/1810/01/19)
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 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 10/01/1810/01/19)
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.
NET MONTHLY RATE
(1) Energy Cost Adjustment Charge $0.0341 / kWh
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 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.
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Energy Cost Adjustment Charge = kWh ECA Rate
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
P.
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 10/01/1810/01/19)
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.
NET MONTHLY RATE
(1) Renewable Cost Adjustment Charge $0.0381 / kWh
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
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
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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 \[RCA (RCA x 48.8%)\]
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
P.M. and 8:00 P.M. to 10
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 10/01/1810/01/19)
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 10/1/20198 until 9/30/202019
subject to change at any time by City Council.
52
SCHEDULE DGR
DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER
(Effective 10/01/1810/01/19)
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 electric system by the Cust
flow.
RATE
Beginning in the billing period after a Customer receives approval from the City, to interconnect
-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:
Generation Credit = \[(k
system) x (RCA Rate)\]
system 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 Citying adequate protection
for operating in parallel with the City
on the C
54
SCHEDULE IWG
INDEPENDENT WHOLESALE GENERATOR
(Effective 10/01/1810/01/19)
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.
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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 10/01/1810/01/19)
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 C
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 10/01/1810/01/19)
(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.
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SCHEDULE DFR
DARK FIBER
(Effective 10/01/1810/01/19)
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 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 10/01/1810/01/19)
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 10/01/1810/01/19)
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 the 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 the 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 10/01/1810/01/19)
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 10/01/1810/01/19)
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
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, 20198; and a copy of said rates shall be
maintained on file in the Office of the City Secretary of the City of Denton, Texas.
SECTION 6. This ordinance shall be effective immediately upon its passage and approval.
The motion to approve this ordinance was made by _____________________________, seconded
by _____________________________, and was passed and approved by the following vote
\[_____ - _____\]:
Aye Nay Abstain Absent
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Jesse Davis, 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 ___________________________, 2019.
_______________________________
CHRIS WATTS, MAYOR
70
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
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: __________________________________
71
CITY OF DENTON WATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
Residential - WR & WRN
3/4" Meter16.0016.000%
1" Meter20.8020.800%
1 1/2" Meter27.2027.200%
2" Meter34.4034.400%
All Gallons Block Rate - Winter 4.154.150%
First Block Rate - Summer 4.154.150%
Second Block Rate - Summer 5.905.900%
Third Block Rate - Summer 8.158.150%
Fourth Block Rate - Summer 10.9010.900%
Residential outside Corporate Limits - WRO & WRNO
3/4" Meter18.4018.400%
1" Meter23.9023.900%
1 1/2" Meter31.3031.300%
2" Meter39.5539.550%
All Gallons Block Rate - Winter4.754.750%
First Block Rate - Summer4.754.750%
Second Block Rate - Summer6.806.800%
Third Block Rate - Summer9.359.350%
Fourth Block Rate - Summer 12.5512.550%
Residential Irrigation - WRI
3/4" Meter16.0016.000%
1" Meter20.8020.800%
1 1/2" Meter27.2027.200%
2" Meter34.4034.400%
All Gallons Block Rate - Winter 4.154.150%
First Block Rate - Summer 5.905.900%
Second Block Rate - Summer 8.158.150%
Third Block Rate - Summer 10.9010.900%
Residential Irrigation - WRIO
3/4" Meter18.4018.400%
1" Meter23.9023.900%
1 1/2" Meter31.3031.300%
2" Meter39.5539.550%
All Gallons Block Rate - Winter 4.754.750%
First Block Rate - Summer 6.806.800%
Second Block Rate - Summer 9.359.350%
Third Block Rate - Summer 12.5512.550%
Commercial / Industrial - WC & WCN
3/4" Meter22.6022.600%
1" Meter32.0032.000%
1 1/2" Meter38.7038.700%
2" Meter51.5051.500%
3" Meter110.40110.400%
4" Meter218.90218.900%
6" Meter299.20299.200%
8" Meter419.20419.200%
10" Meter600.00600.000%
Volume Charge / 1000 Gallons4.454.450%
CITY OF DENTON WATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
Commercial outside Corporate Limits - WCO & WCNO
3/4" Meter26.0026.000%
1" Meter36.8036.800%
1 1/2" Meter44.5044.500%
2" Meter59.2559.250%
3" Meter126.95126.950%
4" Meter251.75251.750%
6" Meter344.10344.100%
8" Meter482.10482.100%
10" Meter690.00690.000%
Volume Charge / 1000 Gallons5.105.100%
Commercial Irrigation - WCI
3/4" Meter22.6022.600%
1" Meter32.0032.000%
1 1/2" Meter38.7038.700%
2" Meter51.5051.500%
3" Meter110.40110.400%
4" Meter218.90218.900%
6" Meter299.20299.200%
8" Meter419.20419.200%
10" Meter600.00600.000%
Volume Charge - Winter / 1000 Gallons4.454.450%
Volume Charge - Summer / 1000 Gallons6.156.150%
Commercial Irrigation - WCIO
3/4" Meter26.0026.000%
1" Meter36.8036.800%
1 1/2" Meter44.5044.500%
2" Meter59.2559.250%
3" Meter126.95126.950%
4" Meter251.75251.750%
6" Meter344.10344.100%
8" Meter482.10482.100%
10" Meter690.00690.000%
Volume Charge - Winter / 1000 Gallons5.105.100%
Volume Charge - Summer / 1000 Gallons7.107.100%
Metered Hydrant - WFH
Facility Charge (Fire Hydrant Meter)111.75111.750%
Volume Charge / 1000 Gallons5.205.200%
Deposit 1,100 1,1000%
Wholesale - WW2
Facility Charge / 30 days288.72288.720%
Volume Charge / 1000 Gallons0.610.610%
Demand Charge / per MGD 667,879 667,8790%
Wholesale - Raw - WRW
Volume Charge / 1000 Gallons (85% of Dallas)0.72860.72860%
Wholesale Raw Wtr Pass Through - WCL
Volume Charge / 1000 Gallons0.02700.02662%
CITY OF DENTON WATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
1" Tap With Meter Fees - Paved
5/8 x 3/4 Inch 2,405 2,4050%
3/4 x 3/4 Inch 2,445 2,4450%
1 Inch 2,475 2,4750%
2" Tap With Meter Fees - Paved
1 1/2 Inch 3,070 3,0700%
2 Inch 3,080 3,0800%
1" Tap With Meter Fees - Unpaved
5/8 x 3/4 Inch 1,605 1,6050%
3/4 x 3/4 Inch 1,645 1,6450%
1 Inch 1,675 1,6750%
2" Tap With Meter Fees - Unpaved
1 1/2 Inch2070.002070.000%
2 Inch2080.002080.000%
Meter Fees
5/8 x 3/4 Inch305.00305.000%
3/4 x 3/4 Inch345.00345.000%
1 Inch375.00375.000%
1 1/2 Inch670.00670.000%
2 Inch680.00680.000%
Meter Relocation Fees
3/4 Inch285.00285.000%
1 Inch285.00285.000%
1 1/2 Inch340.00340.000%
2 Inch390.00390.000%
Tap Without Meter Fees
Paved
1 Inch 2,100 2,1000%
2 Inch 2,400 2,4000%
4 Inch 3,600 3,6000%
6 Inch 3,800 3,8000%
8 Inch 4,800 4,8000%
12 Inch 5,500 5,5000%
Unpaved
1 Inch 1,300 1,3000%
2 Inch 1,400 1,4000%
4 Inch 2,100 2,1000%
6 Inch 2,200 2,2000%
8 Inch 3,100 3,1000%
12 Inch 4,000 4,0000%
Fire Hydrant Installation
Paved 6,200 6,2000%
Unpaved 4,300 4,3000%
Laboratory Testing Fees
Colilert (P/A)20.0020.000%
Colilert Quantitray (MPN)25.0025.000%
Heterotrophic Plate Counts (HPC)25.0025.000%
Colilert Quantitray Fecal Coliform (MF)25.0025.000%
Records Search - per hour25.0025.000%
CITY OF DENTON WASTEWATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
Residential - SR & SRO
Facility Charge (Inside City)11.0011.000%
Facility Charge (Outside City)12.7512.750%
Volume Charge / 1000 Gallons (Inside City)3.803.800%
Volume Charge / 1000 Gallons (Outside City)4.404.400%
% of Water Consumption100%100%0%
Residential without Water Service - SRNI & SRNO
Facility Charge (Inside City)11.0011.000%
Facility Charge (Outside City)12.7512.750%
Volume Charge / 1000 Gallons (Inside City)3.803.800%
Volume Charge / 1000 Gallons (Outside City)4.404.400%
Mobile Home Park - SMH & SMHO
Facility Charge (Inside City)26.5026.500%
Facility Charge (Outside City)30.5030.500%
Volume Charge / 1000 Gallons (Inside City)3.803.800%
Volume Charge / 1000 Gallons (Outside City)4.404.400%
% of Water Consumption100%100%0%
Mobile Home Park without Water Service - SMNI & SMNO
Facility Charge (Inside City)26.5026.500%
Facility Charge (Outside City)30.5030.500%
Volume Charge / 1000 Gallons (Inside City)3.803.800%
Volume Charge / 1000 Gallons (Outside City)4.404.400%
Wastewater Volume Billed (Gallons)5,0005,0000%
Regular Commercial - SC & SCO
Facility Charge (Inside City)26.5026.500%
Facility Charge (Outside City)30.5030.500%
Pretreatment / Program Categorical (SCA)400.00400.000%
Pretreatment / Program Non-categorical (SCB)50.0050.000%
Volume Charge / 1000 Gallons (Inside City)4.854.850%
Volume Charge / 1000 Gallons (Outside City)5.505.500%
Sampling Charge (As Required)60600%
Analysis Charge (As Required)Actual CostActual Cost
Violation Demand Charge - Four-Part Grab (As Required)170.00170.000%
Violation Demand Charge - 1st Day Sampling (As Required)110.00110.000%
Violation Demand Charge - Additional Day Sampling (As Required)50.0050.000%
Surcharge - See Below
% of Water Consumption95%95%0%
CITY OF DENTON WASTEWATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
Commercial / Industrial without Water Service - SCNI & SCNO
Facility Charge (Inside City)26.5026.500%
Facility Charge (Outside City)30.5030.500%
Volume Charge / 1000 Gallons (Inside)4.854.850%
Volume Charge / 1000 Gallons (Outside)5.505.500%
Sampling Charge (As Required)60.0060.000%
Analysis Charge (As Required)Actual CostActual Cost
Violation Demand Charge - Four-Part Grab (As Required)170.00170.000%
Violation Demand Charge - 1st Day Sampling (As Required)110.00110.000%
Violation Demand Charge - Additional Day Sampling (As Required)50.0050.000%
Wastewater Volume (For Apartments) Gallons5,0005,0000%
Surcharge - See Below
Commercial with Dedicated Water Meters - SCD
Water Metered and Returned to the WW system
3/4" Meter26.0026.000%
1" Meter36.8036.800%
1 1/2" Meter44.5044.500%
2" Meter59.2559.250%
3" Meter126.95126.950%
4" Meter251.75251.750%
6" Meter344.10344.100%
8" Meter482.10482.100%
10" Meter690.00690.000%
Volume Charge / 1000 Gallons4.854.850%
Surcharge - See Below
% of Water Consumption100%100%0%
Commercial with Dedicated Water Meters - SCS
Water Metered and NOT Returned to the WW system
3/4" Meter26.0026.000%
1" Meter36.8036.800%
1 1/2" Meter44.5044.500%
2" Meter59.2559.250%
3" Meter126.95126.950%
4" Meter251.75251.750%
6" Meter344.10344.100%
8" Meter482.10482.100%
10" Meter690.00690.000%
Volume Charge / 1000 Gallons - -
Surcharge - See Below
% of Water Consumption100%100%0%
Septage Transfer Station - SCH
Facility Charge5.805.800%
Volume Charge / 1000 Gallons37.2037.200%
Application Fee300.00300.000%
Vehicle Permit Fee300.00300.000%
Waste Manifests Book40.0040.000%
CITY OF DENTON WASTEWATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
Equipment Services & Eating Establishments - SEE
Facility Charge26.5026.500%
Volume Charge / 1000 Gallons6.756.750%
Pretreatment / Program Categorical (SEA)400.00400.000%
Pretreatment / Program Non-categorical (SEB)50.0050.000%
Sampling Charge (As Required)60.0060.000%
Analysis Charge (As Required)Actual CostActual Cost
Violation Demand Charge - Four-Part Grab (As Required)170.00170.000%
Violation Demand Charge - 1st Day Sampling (As Required)110.00110.000%
Violation Demand Charge - Additional Day Sampling (As Required)50.0050.000%
Surcharge - See Below
% of Water Consumption95%95%0%
Metered Wastewater - SMI & SMO
Facility Charge (Inside City)323.00323.000%
Facility Charge (Outside City)361.50361.500%
Pretreatment / Program Categorical (SMA)400.00400.000%
Pretreatment / Program Non-Categorical (SMB)50.0050.000%
Volume Charge / 1000 Gallons (Inside)4.854.850%
Volume Charge / 1000 Gallons (Outside)5.505.500%
Sampling Charge60.0060.000%
Analysis ChargeActual CostActual Cost
Violation Demand Charge - Four-Part Grab (As Required)170.00170.000%
Violation Demand Charge - 1st Day Sampling (As Required)110.00110.000%
Violation Demand Charge - Additional Day Sampling (As Required)50.0050.000%
Surcharge - See Below
Treated Wastewater Effluent - SGE
Facility Charge
3/4" Meter22.6022.600%
1" Meter32.0032.000%
1 1/2" Meter38.7038.700%
2" Meter51.5051.500%
3" Meter110.40110.400%
4" Meter218.90218.900%
6" Meter299.20299.200%
8" Meter419.20419.200%
10" Meter600.00600.000%
Volume Charge / 1000 Gallons1.501.500%
Wholesale - SSC
Facility Charge230.75230.750%
Volume Charge / 1000 Gallons2.602.600%
Sampling Charge (As Required)60.0060.000%
Analysis Charge (As Required)Actual CostActual Cost
Violation Demand Charge - Four-Part Grab (As Required)170.00170.000%
Violation Demand Charge - 1st Day Sampling (As Required)110.00110.000%
Violation Demand Charge - Additional Day Sampling (As Required)50.0050.000%
Surcharge - See Below
CITY OF DENTON WASTEWATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
Surcharge
Biochemical Oxygen Demand - BOD per pound0.47000.47000%
Total Suspended Solids - TSS per pound0.42000.42000%
Flat Rate - SFLAT
Facility Charge26.5026.500%
Volume Charge / 1000 Gallons4.854.850%
Compost - CWM
Dyno Soil (Top Soil Blend)30.0030.000%
Dyno Dirt25.0025.000%
Dyno Dirt Bagged4.00
Dyno Lite30.0030.000%
Dyno Dirt Overs3.002.0050%
Compost and Wood Mulch - CWM
Dyno Deco Colored Mulch30.0030.000%
Dyno Double Grind17.5017.500%
Dyno Dirt Interdepartmental Discount40%40%0%
Contractor Resale Discount30%30%0%
Asphalt Millings per cubic yard10.0010.000%
Grass / Brush / Leaves - GBL
Uncontaminated grass, leaves and brush
under 12' lengths20.0020.000%
Uncontaminated grass, leaves and brush
greater than 12' lengths30.0030.000%
Contaminated grass, leaves or brush
in any length44.0044.000%
Whole trees and stumps50.0050.000%
Minimum Charge per load 25.0025.000%
Taps With Cleanout Fees - Paved
4 Inch 2,600 2,6000%
6 Inch 2,700 2,7000%
8 Inch 2,800 2,8000%
Taps With Cleanout Fees - Unpaved
4 Inch 1,500 1,5000%
6 Inch 1,650 1,6500%
8 Inch 1,800 1,8000%
Manhole Breakout Fee (6" - 12" Line) (1.00) 165.000%
Treated Effluent WW Taps - Paved
4 InchActual CostActual Cost
6 InchActual CostActual Cost
8 InchActual CostActual Cost
12 InchActual CostActual Cost
CITY OF DENTON WASTEWATER UTILITY
FISCAL YEAR RATE COMPARISON
Rate Schedule20202019
RatesRatesVariance
Treated Effluent WW Taps - Unpaved
4 InchActual CostActual Cost
6 InchActual CostActual Cost
8 InchActual CostActual Cost
12 InchActual CostActual Cost
On-Site Sewage Facility Permit Fees - OSSF
New Construction of aerobic treatment systems500.00500.000%
Reinspection fee of aerobic treatment systems250.00250.000%
New Construction of non-aerobic treatment systems300.00300.000%
Reinspection Fee of non-aerobic treatment systems150.00150.000%
Repair or Alteration fees (all types of OSSF's)200.00200.000%
Collection and Transportation Service Permit - SWP
Application Fee200.00200.000%
Truck Service Fee
Tier IV engines manufd after January 2011
0.000.00
Tier III eng manufd between Jan. 2007 and Dec 2010
0.000.00
Engines manufd between Jan. 2003 - Dec. 2006
0.000.00
Engines manufactured prior to Jan. 2003
0.000.00
Container Fee, per Cubic Yard, per Container - Annual0.000.00
Right-of-Way Fee, per Cubic Yard, per Container / per Month0.000.00
Waste manifests per Vehicle400.00400.000%
Waste manifests per book of 10040.0040.000%
Small Operators Collection and Transportation Fees - SWP
Application Fee0.000.00
Truck Service Fee0.000.00
Container Fee, per Cubic Yard, per Container - Annual0.000.00
Right-of-Way Fee, per Cubic Yard, per Container / per Month0.000.00
Waste manifests per book of 1000.000.00
Residential Storm Drainage Fees - SDR
Fee Block
0 - 600-1.000.500%
601 - 1,000-1.001.000%
1,001 - 2,000-1.003.350%
2,001 - 3,000-1.005.450%
3,001 - 4,000-1.007.600%
4,001 - 5,000-1.009.750%
5,001 - 6,000-1.0012.000%
Over 6,000-1.0015.500%
Non-Residential Storm Drainage Fees - SDN
Per Sq Ft of Impervious Surface Cover-1.000000.001860%
Stormwater Reinspection Fee - SDI
150.00150.000%
Reinspection Fee
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1842,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheFY2019-20CityManager’sProposed
Budget, Capital Improvement Program, and Five-Year Financial Forecast.
City of DentonPage 1 of 1Printed on 8/9/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
CFO: Antonio Puente, Jr.
DATE: August 13, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the FY 2019-20
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
BACKGROUND
The FY 2019-20 was submitted to the City Council on July 30, 2019.
Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work
Session on August 1, 2019. The purpose of this agenda item is to provide the City Council an additional
opportunity for questions and dialogue on the FY 2019-20
Improvement Program and Five-Year Financial Forecast. Additionally, exhibit 4 provides a memo
responding to questions raised at prior budget meetings.
Below is the schedule for the adoption of the tax roll, tax rate and budget:
st
August 20, 2019 - 1 Public Hearing on Tax Rate
nd
September 10, 2019 - 2 Public Hearing on Tax Rate
Public Hearing on Proposed Budget
September 17, 2019 - City Council Tax Roll, Tax Rate and Budget
EXHIBITS
1. Agenda Information Sheet
2. Presentation
3. Supplemental Packages
4. Budget Follow-Up Memo
Respectfully submitted:
David Gaines, 349-8260
Director of Finance
Prepared by:
Nick Vincent 349-8063
Budget Manager
Finance Department * 215 E. McKinney * Denton, TX 76201
(940) 349-8224 * DFW Metro (972) 434-2259 * Fax (940) 349-7206
MEMORANDUM
DATE: August 13, 2019
TO: Honorable Mayor and Members of the City Council
FROM: David Gaines, Director of Finance
SUBJECT: City Council Budget Questions and Responses
Information regarding the FY 2019-20 Preliminary Financial Forecast was presented to the City
stth.
Council on April 1 and April 16The Proposed Budget was presented to the City Council on
August 1, 2019. 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 details of the 3% merit increase by payroll category.
The table below, summarizes the overall impact of the 3% merit and Civil Service increases
by expenditure category. The total General Fund annual impact is $2.27 million. However,
since merit increases are based on an
2019-20 impact is $1.14 million. The total FY 2019-20 impact to all funds is $2.26 million.
General Fund Other Funds All Funds
19-ΑΏ 19-ΑΏ 19-ΑΏ
%·¯¤£¨³´±¤ !´ « !´ « !´ «
"´£¦¤³ "´£¦¤³ "´£¦¤³
Categories Impact Impact Impact
Impact Impact Impact
Non-#¨µ¨« -¤±¨³ ͡ΗΒΔǾΒΏΖ ͡ΓΐΖǾΕΔΓ ͡ΐǾΖΗΔǾΐΔΘ ͡ΗΘΑǾΔΗΏ ͡ΑǾΕΑΏǾΓΕΕ ͡ΐǾΒΐΏǾΑΒΒ
#¨µ¨« -¤±¨³ ͡ΘΓΕǾΓΒΐ ͡ΓΖΒǾΑΐΔ ͡ΘΓΕǾΓΒΐ ͡ΓΖΒǾΑΐΔ
FICA/Medicare ͡ΐΓΘǾΏΐΗ ͡ΖΓǾΔΏΘ ͡ΐΓΐǾΐΘΓ ͡ΖΏǾΔΘΖ ͡ΑΘΏǾΑΐΑ ͡ΐΓΔǾΐΏΕ
TMRS ͡ΑΑΕǾΗΕΑ ͡ΐΐΒǾΓΒΐ ͡ΒΐΔǾΒΏΔ ͡ΐΔΖǾΕΔΒ ͡ΔΓΑǾΐΕΖ ͡ΑΖΐǾΏΗΓ
&¨±¤ 0¤²¨® ͡ΐΐΕǾΕΐΑ ͡ΔΗǾΒΏΕ ͡ΐΐΕǾΕΐΑ ͡ΔΗǾΒΏΕ
,¨¥¤ )²´± ¢¤ ͡ΐǾΏΒΓ ͡ΔΐΖ ͡ΘΘΓ ͡ΓΘΖ ͡ΑǾΏΑΖ ͡ΐǾΏΐΓ
LTD ͡ΑǾΒΖΗ ͡ΐǾΐΗΘ ͡ΑǾΑΐΘ ͡ΐǾΐΐΏ ͡ΓǾΔΘΖ ͡ΑǾΑΘΘ
Total ͡ΑǾΑΖΖǾΕΓΑ ͡ΐǾΐΒΗǾΗΑΐ ͡ΑǾΑΓΓǾΗΖΐ ͡ΐǾΐΑΑǾΓΒΕ ͡ΓǾΔΑΑǾΔΐΒ ͡ΑǾΑΕΐǾΑΔΖ
2. Please provide information regarding the cost to maintain undeveloped property.
The cost to maintain undeveloped property that is fenced, open and left natural will depend
on the size. Typically, the property would be inspected once every two weeks, fence lines
mowed 2 to 3 times per year, fencing repaired as needed and dumping/vandalism cleaned
up as needed. The table below summarizes the total annual cost to maintain 190 acres of
undeveloped property with no amenities. In this example, the annual per acre cost to
maintain undeveloped property is approximately $13.00.
Item Description Annual Cost
LƓƭƦĻĭƷźƚƓƭ ЋЏ ƷźƒĻƭ ƦĻƩ ǤĻğƩΉЊ ŷƚǒƩ ǣ υЌЎ ƦĻƩ ŷƚǒƩ υВЊЉ͵ЉЉ
aƚǞźƓŭ Ώ Ќ ĭǤĭƌĻƭ ǤĻğƩƌǤ Ў ŷƚǒƩƭ ƦĻƩ ĭǤĭƌĻ υАЉЎ͵ЉЉ
ğƓķğƌźƭƒ ƩĻƦğźƩƭ ŅƚƩ ǝğƓķğƌźƭƒͲ ǝĻŷźĭƌĻ ğĭĭźķĻƓƷƭͲ υЍЏЎ
ǒƓŅƚƩĻƭĻĻƓ ƩĻƦğźƩƭ θ ЊЉ ŷƚǒƩƭ ǤĻğƩƌǤ њ ķǒƒƦ
ŅĻĻƭ
/ƚƓƭƷƩǒĭƷźƚƓ ŅĻƓĭĻ ƒğźƓƷĻƓğƓĭĻ θ ЊЋŷƩƭ ƦĻƩ ǤĻğƩ ǣ υЌЎ υЍЋЉ͵ЉЉ
ağźƓƷĻƓğƓĭĻ͵ΉwĻƦğźƩƭ ƦĻƩ ŷƚǒƩ
ƚƷğƌ /ƚƭƷ υЋͲЎЉЉ͵ЉЉ
*Cost will vary based on the size of the property.
3. Please provide information regarding other counties that receive Hotel Occupancy
Tax (HOT) funding in the same manner as Denton County.
Staff contacted 10 counties in the surrounding area, 8 of them currently do not receive HOT
funding.
Surrounding Counties Funding Received (Yes,No)
/ƚƌƌźƓ bƚ
/ƚƚƉ bƚ
5ğƌƌğƭ bƚ wĻƦƌǤ
CğƓƓźƓ bƚ
DƩğǤƭƚƓ bƚ
IǒƓƷ bƚ
aƚƓƷğŭǒĻ bƚ
tğƩƉĻƩ bƚ wĻƦƌǤ
ğƩƩğƓƷ bƚ
źƭĻ bƚ
4. Please provide the history of funding that Denton County has received.
The table below summarizes the HOT Funds received by Denton County since 1999.
Program Year HOT Denton
County
Funding
ЊВВВ υ ЏВͲЉЏЍ
ЋЉЉЉ БЏͲБЊЌ
ЋЉЉЊ БЊͲАБЉ
ЋЉЉЋ БЊͲАБЉ
ЋЉЉЌ ВАͲЊЉЏ
ЋЉЉЍ ВЌͲЉЉЉ
ЋЉЉЎ ВЌͲЉЉЉ
ЋЉЉЏ ВЎͲЉЉЉ
ЋЉЉА ВВͲЋЎЉ
ЋЉЉБ ЊЉЏͲЎЎЉ
ЋЉЉВ ЊЉЏͲЎЎЉ
ЋЉЊЉ БЎͲЏЋЎ ΛЊΜ
ЋЉЊЊ ВБͲЉЌВ
ЋЉЊЋ ЊЊЌͲЍЎВ
ЋЉЊЌ ЊЉБͲЎАЉ
ЋЉЊЍ ЊЉЍͲЎЊЌ
ЋЉЊЎ ЊЊЍͲЉЋЋ
ЋЉЊЏ ЊЎЉͲЉЉЉ
ЋЉЊА ЊЎЉͲЉЉЉ
ЋЉЊБ ЌЌАͲЋЏВ
ЋЉЊВ ЊЎАͲЎВЉ ΛЋΜ
ЋЉЋЉ ЊЏЉͲАЍЋ ΛЌΜ
ΛЊΜ aźķΏǤĻğƩ ЊБі ƩĻķǒĭƷźƚƓ Ʒƚ ğƌƌ
ƩĻĭźƦźĻƓƷƭ
ΛЋΜ .ǒķŭĻƷ
ΛЌΜ wĻĭƚƒƒĻƓķĻķ
5. Please provide information regarding Council contingency expenditures.
The table below summarizes the total expenses from FY 2016 to FY 2019. This information
was included in the August 2, 2019 Friday Report, the FY 2019 column has been updated
based on recent expenses.
Council Contingency Expenses by Fiscal Year
Council Member FY16* FY17 FY18 FY19** FY19
Remaining
Mayor $2,500 $1,600 $1,600 $0 $1,600
District 1 Council $2,500 $1,600 $1,600 $1,600 $0
Member
District 2 Council $2,500 $1,600 $1,600 $1,600 $0
Member
District 3 Council $0 $0 $0 $1,600 $0
Member
District 4 Council $2,500 $1,300 $300 $1,600 $0
Member
Place 5 At Large $2,500 $1,600 $1,600 $1,600 $0
Place 6 At Large $2,500 $1,550 $1,600 $950 $650
* $2,500 was budgeted in FY16; $1,600 was available in the following years
** The expenses for FY19 include requests that have been made that will be
considered for approval at the September 10 City Council meeting.
6. Please provide further detail of why all the growth in the Downtown TIRZ in 2017 is
contributed to new construction.
The table below summarizes the growth in the Downtown TIRZ since 2012. In total, new
value increased $25.7 million and existing value increased $103.2 million. The 2017 value
is directly derived from the Appraisal District reports, attributing the entire value change
to new values.
Downtown TIRZ Property Value Growth
Increase in
New Value Existing Value Change Final Value
Value
2019 ͡ΑǾΓΑΘǾΓΘΘ ͡ΓΐǾΏΘΘǾΏΕΔ ͡ΓΒǾΔΑΗǾΔΕΓ ͡ΑΐΏǾΔΑΘǾΐΒΘ
2018 ΐǾΓΓΖǾΒΗΘ ΑΒǾΔΏΑǾΓΒΔ ΑΓǾΘΓΘǾΗΑΓ ΐΕΖǾΏΏΏǾΔΖΔ
2017 ΕǾΐΑΔǾΒΕΘ ȃΘΕǾΏΘΕ ΕǾΏΑΘǾΑΖΒ ΐΓΑǾΏΔΏǾΖΔΐ
2016 ΒΒΓǾΐΓΏ ΐΖǾΑΓΕǾΖΕΑ ΐΖǾΔΗΏǾΘΏΑ ΐΒΕǾΏΑΐǾΓΖΗ
2015 ΓǾΗΏΒǾΕΖΐ ȃΐǾΑΓΗǾΐΕΗ ΒǾΔΔΔǾΔΏΒ ΐΐΗǾΓΓΏǾΔΖΕ
2014 ΑǾΖΑΖǾΗΘΏ ΐΔǾΗΕΘǾΑΒΒ ΐΗǾΔΘΖǾΐΑΒ ΐΐΓǾΗΗΔǾΏΖΒ
2013 ΒǾΗΔΔǾΘΖΕ ΑǾΗΑΕǾΒΒΘ ΕǾΕΗΑǾΒΐΔ ΘΕǾΑΗΖǾΘΔΏ
2012 ΒǾΘΗΔǾΑΔΏ ΒǾΘΕΑǾΔΖΖ ΖǾΘΓΖǾΗΑΖ ΗΘǾΕΏΔǾΕΒΔ
Total ͡ΑΔǾΖΏΘǾΐΗΓ ͡ΐΏΒǾΐΕΑǾΐΓΖ ͡ΐΑΗǾΗΖΐǾΒΒΐ ͡ΐǾΏΖΓǾΗΑΐǾΐΖΖ
7. Please provide information regarding the current Fund Balance in both TIRZ Funds.
The table below summarizes the fund balance of both Funds.
7¤²³¯ ±ª 4)2: ͡ΑΖΕǾΓΕΑ ͡ΒΖΐǾΔΘΑ ͡ΑΏΕǾΘΔΐ ͡ΓΓΐǾΐΏΒ
$®¶³®¶ 4)2: &´£ ͡ΓΐΓǾΖΖΕ ͡ΖΔΖǾΖΏΕ ͡ΐΔΏǾΏΏΏ ͡ΐǾΏΑΑǾΓΗΑ
8. Discuss downtown power washing options with the Downtown TIRZ Board.
Staff will discuss funding at the next Downtown TIRZ Board meeting.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1918,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the 2019 Bond Program.
City of DentonPage 1 of 1Printed on 8/9/2019
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Office
CFO: Antonio Puente, Jr
DATE: August 13, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2019 Bond Program.
BACKGROUND
City Council approved a resolution establishing the Special Citizens Bond Advisory Committee on April
following:
Consider the previously presented projects in the bond program:
o Public safety facilities
o Major roadway projects
o Local streets improvements
o Streetlights
o Sidewalks
o Parks and Open Space
The Committee met eight times beginning May 30 to review project information from staff and formulate
their recommendation to the City Council. At their July 25 meeting, the Committee made recommendations
of projects, total funding amounts, and public art inclusion in the 2019 bond program. After voting on each
project separately, the Committee unanimously approved a recommendation. At the August 1, 2019 work
recommendations and provided further direction on the
proposed 2019 bond program.
Proposed Bond Program
Proposition Bond Cost
Public Safety Facilities Proposition $ 61,900,000
Streets Improvements Proposition $ 154,000,000
Parks Land Acquisition Proposition $ 5,000,000
Public Art $ 619,000
Proposed Bond Program $ 221,519,000
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Proposed Projects
Exhibit 2 2019 Bond Program Presentation
Respectfully submitted:
David Gaines
Director of Finance
Proposed 2019 Bond
Project
Funding
Proposition A: Streets Improvements
Bonnie Brae (V, VI, VII) $ 27,000,000
Hickory Creek $ 34,000,000
Street Rehab Program $ 70,000,000
Sidewalks $ 12,000,000
Street Lighting $ 7,000,000
Ryan Road $ 4,000,000
Proposition Total $ 154,000,000
Proposition B: Public Safety Facilities
Police Station Renovation Project $ 36,000,000
PD Substation Project $ 21,000,000
Police Firing Range $ 4,900,000
Proposition Total $ 61,900,000
Proposition C: Land Acquisition for Parks
Land Acquisition for Parks $ 5,000,000
Proposition Total $ 5,000,000
Proposition D: Public Art
Public Art (1% Vertical Construction) $ 619,000
Proposition Total $ 619,000
Total Bond Program $ 221,519,000
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:DCA19-0005,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregarding2439and3167HouseBilldraft
ordinances and amendments to the 2019 Denton Development Code.
City of DentonPage 1 of 1Printed on 8/9/2019
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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 13, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding 2439 and 3167 House Bill draft
ordinances and amendments to the 2019 Denton Development Code.
BACKGROUND
As a result of recently passed legislation (House Bills 2439 and 3167) effective September 1, 2019, staff is
in the process of preparing required amendments to the 2019 Denton Development Code (DDC). In order
to comply with the House Bills, staff is proposing two ordinances that will give the city time to prepare and
approve the required amendments after September 1, 2019. Attached for your review are drafts of the 2439
and 3167 House Bill ordinances as Exhibits 2 and 3, respectively.
The intent is to continue to work through the required amendments with the Development Code Review
Committee (DCRC), receive input from the Planning and Zoning Commission and to seek direction from
City Council. Because the required amendments are important and will affect numerous stakeholders,
including City Council and Boards and Commissions, staff is proposing multiple DCRC meetings and
Planning and Zoning Commission and City Council work sessions. At the multiple meetings and work
sessions staff will present an overview of the required amendments.
In addition to the required amendments to the DDC, staff is proposing additional Code amendments that
will correct and provide further clarification to the DDC. The required amendments and the additional
Code amendments will be brought forward to City Council as soon as possible.
It should be noted that both the amendments were noticed as one public hearing item on the August 20 City
Council agenda. Since the amendments will be considered after September 1, staff will be requesting that
the public hearing item be withdrawn from the August 20 agenda.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
April 10, 2019 - Planning and Zoning Commission Public Hearing – recommended approval of the Denton
Development Code (DDC) Update.
April 23, 2019 - City Council Public Hearing – approved the Denton Development Code (DDC) Update
with an effective date of October 1, 2019.
May 21, 2019 - City Council Work Session
July 23, 2019 - City Council Work Session
August 7, 2019 - Planning and Zoning Commission Work Session
EXHIBITS
1.Agenda Information Sheet
2.2439 House Bill Draft Ordinance
3.3167 House Bill Draft Ordinance
4.Presentation
Respectfully submitted:
Scott A. McDonald
Director of Development Services
Prepared by:
Ron Menguita, AICP
Principal Planner
S:\\Legal\\Our Documents\\Ordinances\\19\\DCA19-0006.docx
ORDINANCE NO. DCA19-0006
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING ENFORCEMENT OF
REGULATIONS PRESCRIBING THE TYPES OF MATERIALS, PRODUCTS OR AESTHETIC
METHODS USED FOR CONSTRUCTION OR RENOVATION OF RESIDENTIAL AND
COMMERCIAL BUILDINGS, IN SO FAR AS THEY CONFLICT WITH HB 2439 PASSED BY THE
TH
86 LEGISLATURE OF THE STATE OF TEXAS AND SIGNED BY GOVERNOR GREG ABBOTT ON
JUNE 14, 2019; ENACTING SELECTED INTERIM AMENDMENTS TO PREEMPTED PROVISIONS
OF THE DENTON DEVELOPMENT CODE (ORD. 2002-040, AS PREVIOUSLY OR HEREAFTER
AMENDED), THE 2019 DENTON DEVELOPMENT CODE (ORD. DCA18-0009q, AS IT NOW EXISTS
OR AS IT MAY BE AMENDED), AND BUILDING CODE REGULATIONS; PROVIDING FOR
COMPLIANCE WITH NEW STATE LAWS AFFECTING MATERIALS USED IN THE
CONSTRUCTION OR RENOVATION OF RESIDENTIAL AND COMMERICAL BUILDINGS,
RULES AND PROCEEDINGS BEFORE THE ZONING BOARD OF ADJUSTMENT; PROVIDING
FOR APPEALS; PROVIDING RELATED DIRECTIVES TO THE CITY MANAGER; PROVIDING A
CONFLICT/SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 2019 Legislature enacted HB 2439, prohibiting municipal regulation of materials
used for construction and renovation of residential and commercial buildings in certain instances and
subject to certain exceptions; and
WHEREAS, HB 2439 affects both the enactment of new regulations and the enforcement of
existing regulations pertaining to materials for construction or alteration of residential and commercial
buildings; and
WHEREAS, HB 2439 was signed by the Governor on June 14, 2019 and has an effective date of
September 1, 2019; and
WHEREAS, HB 2497 requires amendments to procedures applicable to the rules of and appellate
procedures before the Zoning Board of Adjustment; and
WHEREAS, HB 2497 was signed by the Governor on June 10, 2019 and has an effective date of
September 1, 2019; and
WHEREAS, it is the intent of the City Council of the City of Denton, Texas , to fully
comply with the provisions of HB 2439 and HB 2497, while maximizing the public health, safety and
general welfare of its citizens; and
WHEREAS, the City Council finds that City regulations prescribing the types of materials,
products or aesthetic methods used for the construction or alteration of residential and commercial buildings
are essential for preserving the public health and safety of its citizens and substantially further the economic
development and general welfare of the City; and
WHEREAS, the City Council further finds that the exemptions provided for in HB 2439 advance
the public health, safety and general welfare of the citizens of the City; and
WHEREAS, the exemptions to the provisions of HB 2439 hereinafter provided by this Ordinance
are in accordance with the purpose and content of such law; and
WHEREAS, there is insufficient time before HB 2439 takes effect to amend specific provisions of
s zoning and building regulations that may conflict with the provisions of HB 2439; and
WHEREAS, it is the intent of this Ordinance to supersede enforcement of regulations prescribing
the types of materials, products or aesthetic methods used for construction or renovation of residential and
commercial buildings, in so far as they conflict with HB 2439; and
WHEREAS, it is the further intent of this Ordinance to provide procedures for appealing decisions
of officials in the enforcement of regulations prescribing the types of materials, products and aesthetic
methods used for construction or renovation of residential and commercial buildings; and
WHEREAS, it is the further intent of this Ordinance to provide information to citizens of the City,
Texas, that are affected by HB 2439 concerning the prohibitions and limitations on enactment and
enforcement of zoning and building regulations prescribing the types of materials, products and aesthetic
methods used for construction or renovation of residential and commercial buildings; and
WHEREAS, the 2019 Legislature enacted HB 2497 affecting procedures and appellate rights
tment, with an effective date of September 1, 2019; and
WHEREAS, it is the further intent of this Ordinance to make selected interim amendments to the
provisions of the Denton Development Code in order to implement such changes; and
WHEREAS, the City has given notice of the selected interim amendments to the zoning and
building regulations contained in this Ordinance in accordance with all provisions of state law and the
ordinances; and
WHEREAS, a public hearing on the provisions of this Ordinance b&
Zoning Commission was conducted on August 14, 2019; and
WHEREAS, the City Council has received the report of the Commission recommending approval
of this Ordinance; and
WHEREAS, a public hearing on the provisions of this Ordinance before the City Council was
conducted on August 20, 2019; and
WHEREAS, the City Council finds that this Ordinance substantially advances the public health,
safety and general welfare of the citizens of the City, Texas; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: Incorporation of Recitals. The foregoing recitals hereby are incorporated by reference
and made a part hereof as if fully set forth.
SECTION 2. Definitions. The following definitions apply to the provisions of this ordinance:
(a) National model code means a publication that is developed, promulgated, and
periodically updated at a national level by organizations consisting of industry and government fire and
building safety officials through a legislative or consensus process and that is intended for consideration by
National Electrical Code and the International Building Code.
(b) Residential building means a building having the character of a one-family or two-family
dwelling or a multiple single-family dwelling that is not more than three stories high with separate means
of egress, including the accessory structures of the dwelling and that does not have the character of a facility
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used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted
living services are provided in connection with the occupancy of the structure.
(c) b a building for the use or occupation of people for a public
purpose or economic gain, or a residence if the building is a multi-family residence that is not defined as a
residential building.
(d) adopted by the City, as amended: the 2012
International Residential Code, the 2011 National Electrical Code; the 2012 International Building Code;
the 2012 International Plumbing Code; the 2012 International Mechanical Code; and the 2015 International
Energy Conservation Code.
SECTION 3. Prohibitions on Enforcement.
(a)
rules to the contrary, an official responsible for enforcement of the Denton Development Code or Building
Codes, as designated by city charter, ordinance or other authorization of the City, shall not:
(1) prohibit or limit, directly or indirectly, the use or installation of a building product
or material in the construction, renovation, maintenance, or other alteration of a residential or commercial
building if the building product or material is approved for use by a national model code published within
the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of
the building; or
(2) enforce a standard for a building product, material, or aesthetic method in
construction, renovation, maintenance, or other alteration of a residential or commercial building if the
standard is more stringent than a standard for the product, material, or aesthetic method under a national
model code published within the last three code cycles that applies to the construction, renovation,
maintenance, or other alteration of the building.
(b) An applicant who proposes to use a building material, product or aesthetic method in the
construction or alteration of a residential or commercial building that is prohibited or limited by the Denton
Development Code or building codes, as amended, or that is less stringent than the standard established by
such Ordinance or building codes, as amended, shall identify each provision in a national model code
published within the last three code cycles that approves the use of such building material, product or
aesthetic method, as a necessary requirement of the application.
(c) An applicant may agree in writing to employ a building material, product or aesthetic
method for use in the construction or alternation of a residential or commercial building that otherwise
cannot be enforced under subsection (a).
SECTION 4. Exemptions for ordinances, requirements and programs. The prohibitions in Section
3 do not apply to the following ordinances, requirements or programs of the City or State, and the officials
responsible for enforcement of the Denton Development Code and Building Codes, as designated by city
charter, ordinance or other authorization of the City, shall apply all regulations and standards prescribed by
such enactments, requirements or programs, whether such ordinances, requirements or programs existing
or hereafter adopted or established, to the fullest extent therein provided:
(a) a local amendment of a building code to conform to local concerns if the amendment does
not conflict with Sections 3(a) or (b);
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(b) a program established by a state agency that requires particular standards, incentives, or
financing arrangements in order to comply with requirements of a state or federal funding source or housing
program;
(c) a requirement for a building necessary to consider the building eligible for windstorm and
hail insurance coverage under Chapter 2210, Texas Insurance Code;
(d) an ordinance or other regulation that regulates outdoor lighting that is adopted for the
purpose of reducing light pollution and that: (1) is adopted by a governmental entity that is certified as a
Dark Sky Community by the International Dark-Sky Association as part of the International Dark Sky
Places Program; or (2) applies to outdoor lighting within five miles of the boundary of a military base in
which an active training program is conducted;
(e) an ordinance that regulates outdoor lighting and is adopted under Subchapter B, Chapter
229, Texas Local Government Code, or under Subchapter B, Chapter 240, Texas Local Government Code;
or
(f) installation of a fire sprinkler protection system under Tex. Occupation Code, section
1301.551(i), or under Tex. Health and Safety Code, section 775.045(a)(1).
SECTION 5. Exemptions for Buildings. The prohibitions in Section 3 do not apply to the
following buildings, and the officials responsible for enforcement of the Denton Development Code and
Building Codes, as designated by city charter, ordinance or other authorization of the City, shall apply all
regulations and standards prescribed by those ordinances or codes to such buildings, whether such
provisions are existing or hereafter adopted or established, to the fullest extent.
(a) a building located in a place or area designated for its historical, cultural, or architectural
importance and significance by the City which were adopted by the City Council prior to April 1, 2019:
(b) a building located in a zoning district designated by the City Council after April 1, 2019
for its historical, cultural, or architectural importance and significance by the City, and for which the owner
has voluntarily consented in writing to the application of the regulations or standards prohibited by Section
3, including the following zoning districts and any district that may hereafter be created by the City Council
for its historical, cultural, or architectural importance and significance;
(c) a building located in a place or area designated for its historical, cultural, or architectural
importance and significance that a municipality may regulate under Section 211.003(b), Texas Local
Government Code, if the municipality (1) is a certified local government under the National Historic
Preservation Act (54 U.S.C. Section 300101 et seq.); or (2) has an applicable landmark ordinance that meets
the requirements under the certified local government program as determined by the Texas Historical
Commission;
(d) a building located in an area designated as a historic district on the National Register of
Historic Places;
(e) a building designated as a Recorded Texas Historic Landmark;
(f) a building designated as a State Archeological Landmark or State Antiquities Landmark;
(g) a building listed on the National Register of Historic Places or designated as a landmark
by a governmental entity;
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(h) a building located in a World Heritage Buffer Zone; and
(i) a building located in an area designated for development, restoration, or preservation in a
main street city under the main street program established under Section 442.014, Texas Govt. Code.
SECTION 6. Appeal. An applicant, landowner or other aggrieved person may appeal the decision
of an official responsible for enforcement of the Denton Development Code or Building Codes, as
designated by city charter, ordinance or other authorization of the City, applying a regulation or standard
to the construction, renovation, maintenance, or other alteration of a residential or commercial building,
which application is asserted to be prohibited by Section 3, in the following manner:
(a) If the decision applies a requirement of a building code, to the Building Board of Appeals,
or if there is no Building Board, to the Zoning Board of Adjustment; or
(b) if the decision applies a requirement of the zoning ordinance, to the Zoning Board of
Adjustment.
The appeal shall identify the provision or provisions which the appellant alleges to have been applied in
violation of Section 3. The appeal shall be filed, processed and decided in the manner provided for appeals
by the appellate entity herein designated.
SECTION 7. Amendments to Zoning Board of Adjustment Procedures. Notwithstanding any other
apply to the adoption of or amendment to rules of the Zoning Board of Adjustment and to appellate
procedures before the Board.
(a) Rules of the Zoning Board of Adjustment adopted or amended on or after September 1,
2019, must be approved by the City Council.
(b) Appeals to the Board from the decision of an administrative official made on or after
September 1, 2019, shall be governed by the following rules:
(1) an appeal of a decision by an administrative official that is not related to a specific
application, address or project may be made by an aggrieved person or any officer, department, board, or
bureau of the City affected by the decision.
(2) an appeal of a decision by an administrative official that is related to a specific
application, address or project may be made by: the applicant; t
property that is the subject of the decision; an aggrieved person who is the owner of property within 200
feet of the property that is the subject of the decision; or any officer, department, board, or bureau of the
City affected by the decision.
SECTION 9. Conflict/Savings Clause. In the event of a conflict between the provisions of this
Ordinance and any other regulation or rule prescribed by charter, another ordinance, resolution or
authorization of the City, the provisions of this Ordinance shall control. Notwithstanding the foregoing, all
rights and remedies of the City are expressly saved as to any and all complaints, actions, claims, or lawsuits,
which have been initiated or have arisen under or pursuant to such conflicting regulation or rule, or portion
thereof, on the date of adoption of this Ordinance shall continue to be governed by the provisions of the
conflicting regulation or rule, and for that purpose the conflicting regulation or rule shall remain in full
force and effect.
5
SECTION 10. Effective Date. This Ordinance shall take effect immediately upon passage and
approval.
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
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Jesse Davis, 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 _____________, 2019.
_______________________________________
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerry E. Drake, Jr.
6
S:\\Legal\\Our Documents\\Ordinances\\19\\DCA 19-0007.docx
ORDINANCE NO. DCA 19-0007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUSPENDING ANY CONFLICTING
APPLICATION OF THOSE PERMITTING AND APPROVAL PROCEDURES RELATING TO
SUBDIVISION AND DEVELOPMENT PLANS OR PLATS, CONTAINED IN EITHER THE
DENTON DEVELOPMENT CODE (ORD. 2002-040, AS PREVIOUSLY OR HEREAFTER
AMENDED) OR THE 2019 DENTON DEVELOPMENT CODE (ORD. DCA18-0009q, AS IT
NOW EXISTS OR AS IT MAY BE AMENDED), TO THE LIMITED EXTENT THAT EITHER
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CONFLICTS WITH THE PROVISIONS OF HB 3167, PASSED BY THE 86 LEGISLATURE
OF THE STATE OF TEXAS AND SIGNED BY GOVERNOR GREG ABBOTT ON JUNE 14,
2019; DIRECTING CITY STAFF TO PROCESS ALL PLANS AND PLATS AS DEFINED IN HB
3167 IN ACCORDANCE WITH THE PROVISIONS OF HB 3167; PROVIDING FOR A
CONFLICT/SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
th
WHEREAS, the 86 Legislature of the State of Texas passed HB 3167 which was signed by
Governor Abbott on June 14, 2019, with an effective date of September 1, 2019
WHEREAS, the Act requires extensive revisions to both the Denton Development Code and
the 2019 Denton Development Code, and to the way in which the plats and plans, as defined in the
Act, are processed by the staff and the Planning & Zoning Commission; and
WHEREAS, the City Council of the City of Denton, Texas urges the Texas Legislature to
reconsider the provisions of the Act at its earliest opportunity; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals set forth above are incorporated as if fully set forth herein.
SECTION 2. The City Council hereby acknowledges the provisions of the Act and suspends
the application of any ordinance or process contained in either the Denton Development Code or the
succeeding 2019 Denton Development Code, as they now exist or as they may be amended, that
conflict with the provisions and requirements of the Act.
SECTION 3.
staff, and outside consultants to process, approve, approve with conditions, or deny all plats and plans,
as defined in the Act, in accordance with the provisions and requirements of the Act.
SECTION 4. Conflict/Savings Clause. In the event of a conflict between the provisions of
this Ordinance and any other regulation or rule prescribed by charter, another ordinance, resolution
or authorization of the City, the provisions of this Ordinance shall control. Notwithstanding the
foregoing, all rights and remedies of the City are expressly saved as to any and all complaints,
actions, claims, or lawsuits, which have been initiated or have arisen under or pursuant to such
conflicting regulation or rule, or portion thereof, on the date of adoption of this Ordinance shall
continue to be governed by the provisions of the conflicting regulation or rule, and for that purpose
the conflicting regulation or rule shall remain in full force and effect.
SECTION 5. Effective Date. This Ordinance shall take effect immediately upon passage
and approval.
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
Mayor Chris Watts: ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Jesse Davis, 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 _____________, 2019.
_______________________________________
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerry E. Drake, Jr.
PAGE 2
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1796,Version:1
AGENDA CAPTION
Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code
Section 551.086.
Deliberate and discuss competitive information regarding public power operational and financial matters
pertaining to the purchases and risks of wholesale energy supply pertaining to the proposed electric budget.
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City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1892,Version:1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from the City’s attorneys and discuss legal status, expenses and strategy in Cause No. DC-
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17-08139, styled “Michael Grim and Jim Maynard v. City of Denton, Texas” pending in the 68 Judicial
District Court, Dallas County, Texas; where a discussion of these legal matters in an open meeting would
conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
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215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1837,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing
theCityManagertoexecuteacontractwithThelinRecyclingCompany,L.P.forBrushandWoodGrinding
ServicesfortheBeneficialReuseDepartment;providingfortheexpenditureoffundstherefor;andproviding
aneffectivedate(RFP7085-awardedtoThelinRecyclingCompany,L.P.,forthree(3)years,withtheoption
for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,150,000).
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City of Denton
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www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: August 13, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Thelin Recycling Company, L.P. for Brush and
Wood Grinding Services for the Beneficial Reuse Department; providing for the expenditure of funds
therefor; and providing an effective date (RFP 7085 awarded to Thelin Recycling Company, L.P., for
three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-
to-exceed amount of $1,150,000).
RFP INFORMATION/BACKGROUND
The City of Denton Beneficial Reuse Department contracts out the on-site grinding of wood waste for its
compost operation. This wood waste is collected by the Solid Waste department. Instead of disposing this
waste in the landfill, it is diverted to the compost operation, saving valuable space in the landfill. This wood
waste mixed in with the bio-solids from the Pecan Creek Water Reclamation Plant is used to create a green
compost product that is sold to the public and landscape contractors.
The contractor for the grinding services provides all labor, supervision, materials and equipment with
operators necessary for onsite grinding/mulching of natural brush piles (trees, brush, and vegetation). They
also separate and dispose all foreign material (wire, metal fence/posts, concrete etc.) located within the
brush piles prior to grinding as required.
Requests for Proposals was sent to 490 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. Four (4) proposals were received and evaluated based upon published criteria including
delivery and response schedule, compliance with specifications, indicators of probable performance and
price. Based upon this evaluation, Thelin Recycling Company, L.P., was ranked the highest and determined
to be the best value for the City (Exhibit 2).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On August 26, 2019, this item will be presented to the Public Utilities Board for recommendation to the
City Council for consideration.
RECOMMENDATION
Award a contract with Thelin Recycling Company, L.P., for the supply of brush and wood grinding services
for the Beneficial Reuse Department, in a five (5) year not-to-exceed amount of $1,150,000.
PRINCIPAL PLACE OF BUSINESS
Thelin Recycling Company, L.P.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial three (3) year contract with options to extend the contract for two (2) additional one (1)
year periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These services will be funded from Beneficial Reuse Department account 640400.7802. Requisition #
143044 has been entered into the Purchasing software system in the amount of $230,000. The annual
budgeted amount for this item is $230,000.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: PS Arora at 940-349-7189.
Legal point of contact: Mack Reinwand at 940-349-8333.
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
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DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND THELIN RECYCLING COMPANY, LP
(CONTRACT 7085)
THIS CONTRACT is made and entered into this date ______________________, by
and between Thelin Recycling Company, LP, a Texas limited partnership, whose address is 5225
Thelin Street, Fort Worth, TX 76115, hereinafter referred to as "Contractor," and the CITY OF
DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be
effective upon approval of the Denton City Council and subsequent execution of this Contract by
the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products and/or services in accordance with the City’s document
RFP 7085 - Brush and Wood Grinding Services, a copy of which is on file at the office of
Purchasing Agent and incorporated herein for all purposes.The Contract consists of this written
agreement and the following items which are attached hereto and incorporated herein by reference:
(a)Special Terms and Conditions(Exhibit “A”);
(b)City of Denton’s RFP 7085 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c)City of Denton Standard Terms and Conditions (Exhibit “C”);
(d)Insurance Requirements (Exhibit “D”);
(e)Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f)Contractor’s Proposal (Exhibit "F");
(g)Form CIQ – Conflict of Interest Questionnaire (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier
certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies
that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter
2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments
under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to
meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
THIS AGREEMENT HAS BEEN
BY: ______________________________
BOTH REVIEWED AND APPROVED
AUTHORIZED SIGNATURE
as to financial and operational obligations
and business terms.
Date: _______________________________
Printed Name: ________________________
_______________ ________________
SIGNATURE PRINTED NAME
Title: _______________________________
__________________________________
___________________________________
TITLE
PHONE NUMBER
__________________________________
___________________________________
DEPARTMENT
EMAIL ADDRESS
___________________________________
APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION
AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER
BY: __________________________________
CITY OF DENTON, TEXAS
ATTEST:
ROSA RIOS, CITY SECRETARY BY: ______________________
TODD HILEMAN
BY: _________________________________ CITY MANAGER
Date:
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $1,150,000. Pricing shall be per Exhibit F attached.
2. Contract Terms
The contract term will be three (3) years, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council. At the sole option of
the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6)
months.
3. Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment annually. The escalation/de-
escalation will be based upon manufacturer published pricing sheets to the vendor. The price will
be increased or decreased based upon the annually percentage change in the manufacturer’s price
list. The price adjustment will be determined annually from the award date. Should the change
exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall
be adjusted in accordance with the published price change. It is the supplier or the Cities
responsibility to request a price adjustment annually in writing. If no request is made, then it will
be assumed that the bid price will be in effect. The supplier must submit or make available the
manufacturers pricing sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1.CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2.EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3.CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4.SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5.TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
6.DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7.RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8.NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10.WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
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disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12.INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department’s Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13.PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
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thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such
claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City’s agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City’s payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14.TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
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15.FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16.SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17.RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18.SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
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has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19.WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20.WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21.WARRANTY– DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
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in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City’s rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to
the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer’s warranty for the benefit of the City.
22.WARRANTY– SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City’s rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
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Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23.ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25.STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26.DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27.TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
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City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
29.FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30.DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31.INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor’s
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
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CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32.INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor’s and all subcontractors’ insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers’ compensation coverage written by the Texas Workers’ Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
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expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage’s indicated within the Contract.
xiv. The insurance coverage’s specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33.CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34.NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35.RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
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Act, Chapter 552, and Texas Government Code.
36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere
in the world of the rights associated with the City’s’ ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor
agrees that the City’s specifications regarding the deliverables shall in no way diminish
Contractor’s warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37.CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, “Confidential Information”). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38.OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
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acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any
such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39.PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40.ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41.NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
42.GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
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liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of
Interest Questionnaire.
44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45.ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46.WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
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or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47.MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48.INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49.DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50.JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
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laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51.INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52.HOLIDAYS:The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53.SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54.NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55.EQUAL OPPORTUNITY
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A.Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
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respondent.
59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
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whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City’s standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however,Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
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.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
\[X\] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
\[X\] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
\[X\] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
\[ \] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
\[ \] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
\[ \] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
\[ \] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
\[ \] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
\[ \] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
\[ \] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
\[ \] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
ATTACHMENT 1
\[X\] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1.Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2.Register utilizing the tutorial provided by the State
3.Print a copy of the completed Form 1295
4.Enter the Certificate Number on page 2 of this contract.
5.Complete and sign the Form 1295
6.Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
Exhibit F Respondent's Name:Thelin Recycling Company, LP
Principal Place of Business (City and State)Fort Worth, TX
RFP 7085 - Pricing Sheet for Brush and Wood Grinding Services
ŷĻ ƩĻƭƦƚƓķĻƓƷ ƭŷğƌƌ ĭƚƒƦƌĻƷĻ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƭĻĭƷźƚƓͲ Ǟŷźĭŷ ķźƩĻĭƷƌǤ ĭƚƩƩĻƭƦƚƓķƭ Ʒƚ ƷŷĻ ƭƦĻĭźŅźĭğƷźƚƓƭ͵ ŷĻ ĭƚƓƷƩğĭƷƚƩ ƭŷğƌƌ ƓƚƷ ƒğƉĻ ĭŷğƓŭĻƭ Ʒƚ Ʒŷźƭ ŅƚƩƒğƷ͵
Product Proposal Pricing (FOB DESTINATION):
Estimated
EST.
Unit Price per
Mobilization
Item #ANNUAL
Product Description
QTY ARO (Days)
UOMcubic yard Extended Price
Item 1 Wood Grinding Services at Beneficial Reuse Facility
All labor, equipment and materials necessary for the grinding of brush and
1A200,000CY
wood as specified per technical specifications.
$ 230,000.001.15$ 5
Total Cost of Products (Annual)
$ 230,000.00
Contract # 7085
DocuSign Envelope ID: 57E7BD51-08E4-4A35-89A8-942DFB2A991D
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filingauthority not later than the 7business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B.Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entityDate
Certificate Of Completion
Envelope Id: 57E7BD5108E44A3589A8942DFB2A991DStatus: Sent
Subject: Please DocuSign: City Council Contract 7085 Brush and Wood Grinding Services
Source Envelope:
Document Pages: 33Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 1Monisa Rogers
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)Monisa.Rogers@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Monisa RogersLocation: DocuSign
7/10/2019 9:38:41 AM Monisa.Rogers@cityofdenton.com
Signer EventsSignatureTimestamp
Monisa RogersSent: 7/10/2019 9:44:35 AM
Completed
monisa.rogers@cityofdenton.comViewed: 7/10/2019 9:51:58 AM
Senior BuyerSigned: 7/10/2019 9:53:37 AM
Using IP Address: 129.120.6.150
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori HewellSent: 7/10/2019 9:53:39 AM
lori.hewell@cityofdenton.comViewed: 7/11/2019 3:42:58 PM
Purchasing ManagerSigned: 7/11/2019 3:44:14 PM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack ReinwandSent: 7/11/2019 3:44:17 PM
mack.reinwand@cityofdenton.comViewed: 7/11/2019 3:52:20 PM
City of DentonSigned: 7/11/2019 3:53:21 PM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael J HillSent: 7/11/2019 3:53:23 PM
audra@thelinrecycling.comResent: 7/12/2019 10:41:23 AM
PresidentResent: 7/19/2019 9:33:34 AM
Thelin Recycling Company, LPResent: 7/22/2019 11:46:15 AM
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication Resent: 7/22/2019 12:32:19 PM
Using IP Address: 74.7.102.146
(None)
Resent: 7/22/2019 12:32:33 PM
Viewed: 7/22/2019 12:39:01 PM
Signed: 7/22/2019 12:39:59 PM
Electronic Record and Signature Disclosure:
Accepted: 7/22/2019 12:39:01 PM
ID: e0e662d7-074b-4013-a47e-74cb215f82d7
Signer EventsSignatureTimestamp
Frank PugsleySent: 7/22/2019 12:40:02 PM
frank.pugsley@cityofdenton.comResent: 7/26/2019 3:27:04 PM
Water Utilities DirectorResent: 7/29/2019 2:15:52 PM
Security Level: Email, Account Authentication Viewed: 7/29/2019 2:16:20 PM
Signature Adoption: Pre-selected Style
(None)
Signed: 7/29/2019 2:19:16 PM
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Accepted: 7/29/2019 2:16:20 PM
ID: 36266dfc-5b1d-4439-a68a-64e790b45b92
Cheyenne DefeeSent: 7/29/2019 2:19:19 PM
cheyenne.defee@cityofdenton.com
Paralegal
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne DefeeSent: 7/10/2019 9:53:39 AM
cheyenne.defee@cityofdenton.com
Paralegal
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri ThurmanSent: 7/10/2019 9:53:39 AM
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
P.S. Arora
P.S.Arora@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Envelope SentHashed/Encrypted7/29/2019 2:19:19 PM
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City Hall
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www.cityofdenton.com
Legislation Text
File #:ID 19-1893,Version:1
AGENDA CAPTION
Consider adoption of an ordinance authorizing expenditure of an additional $100,000 in previously budgeted
funds for outside counsel in the litigation styled “Michael Grim and Jim Maynard v. City of Denton, Texas,”
th
pending in the 68 Judicial District Court, Dallas, County, Texas; and declaring an effective date.
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S:\\Legal\\Our Documents\\Ordinances\\19\\Grim & Maynard Expenditure 19-1893
ORDINANCE NO. ________________
AN ORDINANCE AUTHORIZING EXPENDITURE OF AN ADDITIONAL $100,000 IN
PREVIOUSLY BUDGETED FUNDS FOR OUTSIDE COUNSEL IN THE LITIGATION
STYLED MICHAEL GRIM AND JIM MAYNARD V. CITY OF DENTON, TEXAS
IN THE 68TH JUDICIAL DISTRICT COURT, DALLAS COUNTY, TEXAS; AND DECLAR-
ING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously budgeted a risk retention fund, providing
for the s defense in litigation; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the expenditure of an additional
$100,000 in previously budgeted funds for outside counsel in litigation styled Michael Grim
th
and Jim Maynard v. City Of Denton, Texasending in the 68 Judicial District Court, Dallas
County, Texas.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
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
Mayor Chris Watts, ______ ______ ______ ______
Gerard Hudspeth, District 1: ______ ______ ______ ______
Keely G. Briggs, District 2: ______ ______ ______ ______
Jesse Davis, 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 ___________________, 2019.
__________________________________
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerry E. Drake, Jr.
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: LEGAL
CM/ DCM/ ACM: Aaron Leal, City Attorney
DATE: August 13, 2019
SUBJECT Adoption of an ordinance authorizing expenditure of an additional $100,000 in previously
budgeted funds for outside counsel in the litigation styled MICHAEL GRIM AND JIM
MAYNARD V. CITY OF DENTON, TEXAS
Dallas County, Texas.
BACKGROUND Backup provided in City Attorney Status Report on August 2, 2019. Budgeted funds
of an additional $100,000 will be applied to the purchase order for services of outside counsel in this matter.
OPTIONS Fund the purchase order or direct that legal services be provided in another manner.
RECOMMENDATION Fund the purchase order for an additional $100,000.
EXHIBITS Drafted Ordinance
Respectfully submitted:
/s/ Jerry E. Drake, Jr.
First Assistant City Attorney
Prepared by:
Amy Hoffee
Paralegal
Legal Staff Contact:
Jerry E. Drake, Jr.
First Assistant City Attorney
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1906,Version:1
AGENDA CAPTION
Consider approval of the minutes of August 1, 2019 and amendment of the minutes of April 23, 2019.
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CITY OF DENTON CITY COUNCIL MINUTES
August 1, 2019
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Thursday, August 1, 2019, at 12:02 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT:Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT:None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
WORK SESSION
1. Work Session Reports
A. ID 19-1711 Receive a report, hold a discussion, and give staff direction regarding project
recommendations from the Citizens Bond Advisory Committee for the November 2019 bond
election.
The presentation was made and discussion followed.
The meeting was recessed several times during discussion for short breaks at 1:22 p.m. and
reconvened at 1:33 p.m., 2:53 p.m. and reconvened at 3:02 p.m., and 4:14 p.m., and
reconvened at 4:27 p.m.
Following further discussion, staff was directed to restructure the proposed bond election
items and prepare for presentation at a future meeting.
B. ID 19-1709 Receive a report, hold a discussion, and give direction regarding departmental
presentations in preparation for the FY 2019-20 Proposed Budget, Capital Improvement
Program, and Five Year Financial Forecast.
The presentations were made and discussion followed regarding the following departments:
Parks
Development Services
Engineering
Traffic
City of Denton City Council Minutes
August 1, 2019
Page. 2
The meeting was recessed for a short break at 5:14 p.m. and reconvened at 5:23 p.m.
Following additional discussion, there was no direction provided as the item was only for
presentation purposes in preparation for the FY 2019-20 Budget process.
C. ID 19-1710 Receive a report, hold a discussion, and give staff direction regarding the FY
2019-20 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast.
The presentation was made and discussion followed.
Council Member Davis had a conflict of interest related to HOT Funds and left the Work
Session Room.
The meeting was recessed for a short break at 7:51 p.m. and reconvened at 7:56 p.m.
Following further discussion, staff was directed to restructure various aspects of the FY2019-
20 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year
Financial Forecast and prepare for continued discussion at a future meeting.
ACTION ITEM
2. Items for Individual Consideration
A. ID 19-1818 Consider approval of a resolution of the City Council of the City of Denton,
Texas placing a proposal on the September 17, 2019, City Council public meeting agenda to
adopt a 2019 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate;
calling two public hearings on a tax increase to be held on August 20, 2019, and September
10, 2019 and calling a budget public hearing on the Fiscal Year 2019-2020 Annual Program
of Services of the City of Denton to be held on September 17, 2019; requiring publication of
notices of the public hearings in accordance with the law; requiring the posting of the notices
of the public hearings on the City’s Internet website; requiring the posting of the notices on
the City’s public access channel; and providing an effective date.
The presentation was made and discussion followed.
Mayor Pro Tem Hudspeth moved to approve the item with an amendment to hold the public
hearing on September 10, 2019 \[as shown on the resolution presented for consideration\].
Motion seconded by Council Member Armintor.
Council Member Meltzer offered a friendly amendment to modify the tax rate to $0.5993108.
Mayor Pro Tem Hudspeth did not accept the friendly amendment.
City of Denton City Council Minutes
August 1, 2019
Page. 3
Mayor Watts called for a vote on Mayor Pro Tem Hudspeth’s motion to approve the item
with an amendment to hold the public hearing on September 10, 2019 \[as shown on the
resolution presented for consideration\]. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and
Armintor
NAYS (2): Council MembersBriggs and Meltzer
CLOSED MEETING - NOT HELD
1. The Closed Meeting was not held. Therefore, there was no deliberation of the following
item.
A. ID 19-1782 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086. Deliberate and discuss competitive
information regarding public power operational and financial matters pertaining to the
purchases and risks of wholesale energy supply pertaining to the proposed electric budget.
NOT DELIBERATED
With no further business, the meeting was adjourned at 8:12p.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
ROSA RIOS
CITY SECRETARY
CITY OF DENTON, TEXAS
MINUTES APPROVED ON: _____________________________________________
AMENDED
CITY OF DENTON CITY COUNCIL MINUTES
April 23, 2019
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 23, 2019, at 2:01 p.m. in the Council Work Session Room at City Hall, 215 E.
McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts, Mayor Pro-Tem John Ryan, and Council Members Gerard
Hudspeth, Keely Briggs, Don Duff, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal.
ANNOUNCEMENT: (1) Zolaina Parker, newly hired Deputy City Secretary, was introduced.
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None.
2. Requests for clarification of agenda items listed on the agenda for April 26, 2019.
Consent Item 2.A (ID 19-799) Pulled for individual consideration. (Armintor and
Meltzer)
Consent Item 2.B (ID 19-830) Pulled for individual consideration. (Armintor)
Consent Item 2.C (ID 19-831) Pulled for individual consideration. (Armintor)
Consent Item 2.G (ID 19-834) Pulled for individual consideration. (Hudspeth)
Consent Item 2.H (ID 19-836) As requested, staff clarified the purpose of the ILA
with the City of Grand Prairie and the type of services involved. (Armintor)
Consent Item 2.J (ID 19-840) As requested, staff clarified this was not a bid item but
an actual contract with a consultant and why cost was an unanticipated amount.
(Meltzer)
Public Hearing Item 3.B (ID 18-0009p) As requested, staff clarified the reason why
the item was postponed indefinitely. (Briggs)
3. Work Session Reports
A. ID 19-854 Receive a report, hold a discussion, and provide staff direction regarding City
Council priorities and the process to establish those priorities for upcoming work session
report topics.
The presentation centered on Council Retreat priorities; (2) feedback and recommendations
from previous strategy sessions: (a) Council feedback, and (b) staff recommendations; (3)
top priorities from March 4th, with the final being briefed as part of the presentation; (4)
City of Denton City Council Minutes
April 23, 2019
Page 2
planned work session topics and functionality of that report; (5) work session priority
survey; (6) highest priorities from April 12th, with responses received from 6 members; (7)
potential gas well luncheon as highest priority; (8) revised priorities.
Staff was asked to review the priorities and determine which could be combined to one to
further facilitate discussion and eliminate redundancy. This would also help identify any
items that are coming up as part of a report, or potential work session item.
Council Members concurred with reviewing their own items and determining which could
be removed/withdrawn and notify staff by the end of the week. Brief discussion was held
on whether or not to allow private vendors to make presentation to City Council; more
discussion will likely take place.
Discussion followed on the number of member requests for follow up and the amount of
staff time to prepare; these requests are outside of what staff already has scheduled for
discussion. Perhaps try to keep 12 per quarter.
The survey process, previously established was outlined, for Council Members to
submit/identify their priorities was discussed, with the expectation that City Council follow
that process. Council Member Briggs presented her items which were not provided as part
of the survey. Changes were identified to the existing list. Staff will update the Priority List
and provide to City Council as well as place online to allow access updated results. Next
strategy session set for June 18, 2019. For those that are budget related, those identified
priorities will be pulled out and discussed during the budget deliberations.
The meeting was recessed for a short break at 3:07 p.m. and reconvened at 3:17 p.m.
B. ID 19-910 Receive a report, hold a discussion, and give staff direction regarding Denton
Television (DTV) staffing and the streaming, recording, and making public meetings
available for on-demand viewing.
The presentation centered on the (1) objective of sharing information on (a) the current
public meeting production schedule, (b) options to achieve staffing sustainability, and (c)
seek direction on public meeting production; (2) medium used to share public meeting
information; (3) background on the public meeting production; (4) analytical data on public
meetings in the last 6 months for six groups: City Council, Planning & Zoning, Public
Utilities Board, ED Partnership Board, Mobility Committee and Traffic Safety, which
included the total meetings produced as well as production hours involved.
Options available were detailed. Consensus was to review this programming and related
costs (funded through General Fund and PEG Funds) as part of the upcoming budget to
include close captioning and verbatim transcripts of those meetings that are videotaped. The
need to establish a method by which to evaluate which group meetings will be recorded and
those not was identified. Staff to present a report on PEG funds. Staff asked to consider a
method by which to utilize college students for recording of meetings.
City of Denton City Council Minutes
April 23, 2019
Page 3
C. ID 19-922 Receive a report, hold a discussion, and provide staff direction regarding a
Special Citizens Bond Advisory Committee and public arts funding for the proposed 2019
Bond Program.
The presentation centered on (1) background information on progress to April 16th Council
Work Session, (a) form the Special Citizen Bond Advisory Committee, (b) direct the
appointment of members; (c) appoint members; (d) roles/responsibilities of that committee,
with dissolution on Election Day; (2) CBAC membership (a) 3 of current Bond Oversight
Committee confirmed, one declined; one not responded; and appoint members at the
Regular Meeting that follows; (3) CBAC charges to stay within $210 million in total cost;
(5) outline of funds spent for Public Art for 2012 Bond Program (with $74,088+/-
unallocated remaining of the $400,000 approved by voters) and 2014 Bond Program with
Public Safety Unallocated at $62,299 and parks Unallocated at $40,000 of the total
$505,000 approved by voters). City Council to determine if Public Art to be a component of
the upcoming bond program.
Staff was asked to develop criteria as to visual art as defined on the public art policy.
The meeting recessed for a short break at 4:21 p.m. and reconvened at 4:27 p.m.
Staff to look at existing policy to determine how to allow for more flexibility on
propositions and percentage of funding. Preference was shown to funding public facilities
overall and not totally tied to public safety facilities, indoor infrastructure, and possible
funding at 2% allocation, with changes to the Public Art Policy and proposed proposition.
The Special Citizen Bond Advisory Committee to consider these areas but return with their
recommendations and present to City Council.
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 4:32 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows:
Note: Mayor Watts announced he, Council Member Armintor, and Council Member
Meltzer had a conflict of interest on Item 1.B, and that Mayor Pro-Tem Ryan would be
presiding over that item.
A. ID 19-870 Consultation with Attorneys - Under Texas Government Code Section 551.071
attorney/client privileged documents and information where a public discussion of these
attorneys to the City of Denton and
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
City of Denton City Council Minutes
April 23, 2019
Page 4
B. ID 19-877 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction
pertaining to the potential acquisition of real property interests generally located (i) in the
800 block of Eagle Dr., (ii) Ave. H between W. Hickory St. and W. Prairie St., (iii) W.
Prairie St. between S. Bonnie Brae St. and North Texas Blvd., (iv) Stella St. between S.
Bonnie Brae St. and North Texas Blvd.; (v) North Texas Blvd. between Stella St. and Eagle
Blvd., (vi) Maple St. between S. Locust St. and Ave. C, (vii) Faninn St. between S. Ave. B
and Bernard St., (viii) S. Ave B. from Maple St. to Underwood St., (ix) Bernard St. between
Eagle Blvd. and Collins St., (x) Carroll Blvd. between Eagle Dr. and W. Collins St., (xi) W.
Collins St. between S. Ave. A and Carroll Blvd., (xii) Myrtle St. between Fort Worth Dr.
and Maple St. (xiii) Pierce St. between Maple St. and Stroud St., (xiv) Eagle Dr. between S.
Locust St. and Ave. C, (xv) Fort Worth Dr. between W. Collins St. and Maple Ave. all in
the City of Denton, Denton County, Texas.
regarding legal issues associated with the potential acquisition or condemnation of the real
property interests described above where a public discussion of these legal matters would
Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas, or would jeopardize the C
potential litigation. (Electric distribution and transmission lines and Eagle substation)
Note: Prior to discussion of the item, Mayor Watts, Council Member Armintor, and
Council Member Meltzer had a conflict of interest on the item and left the Work Session
Room. Mayor Pro-Tem Ryan presided over the item.
The Closed Meeting ended at 6:19 p.m. No votes or actions were taken in the Closed Meeting.
SPECIAL CALLED MEETING
After determining that a quorum was present, the Special Called Meeting was called to order at
6:32 p.m. in the Council Chambers.
PRESENT: Mayor Chris Watts, Mayor Pro-Tem John Ryan, and Council Members Gerard
Hudspeth, Keely Briggs, Don Duff, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal.
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
City of Denton City Council Minutes
April 23, 2019
Page 5
ANNOUNCEMENTS: (1) City staff available outside of the Council Chambers to assist
interested citizens on any matters regarding the proposed zoning changes and navigation of the
zoning map; and (2) items for Individual Consideration would be considered prior to all Public
Hearing items as those would be taken care of quickly.
2. CONSENT AGENDA
The consent agenda consisted of Items 2.A - J. Item 2.A (ID 19-799) was pulled for individual
consideration by Council Member Armintor and Council Member Meltzer. Items 2.B (ID 19-
830) and 2.C (ID 19-831) were pulled for individual consideration by Council Member
Armintor. Item 2.G (ID 19-834) was pulled for individual consideration by Council Member
Hudspeth.
Mayor Pro-Tem Ryan moved to adopt the Consent Agenda now consisting of items 2.D F, and
2.H J. Motion seconded by Council Member Meltzer. Motion carried.
AYES (7): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs, Duff,
Armintor, and Meltzer
NAYS (0): None
D. ID 19-826 Consider adoption of an ordinance of the City of Denton, granting the Denton
Cinco de Mayo Festival Committee, pursuant to Section 17-20 of the City of Denton Code
of Ordinances, a noise exception for the Denton Cinco de Mayo Festival, which will be held
on Saturday, May 4, 2019, from 10:00 a.m. to 10:00 p.m. at the Quakertown Park; granting
an increase in amplified sound levels for an outdoor music festival from 70 to 75 dba; and
providing an effective date.
ASSIGNED ORDINANCE NO. 19-826
E. ID 19-827 Consider adoption of an ordinance of the City of Denton, approving a City co-
sponsorship in an amount not to exceed $13,900 of in-kind services and resources for the
Denton Cinco de Mayo Festival, which will be held on Saturday, May 4, 2019, from 10:00
a.m. to 10:00 p.m., at the Quakertown Park; and providing an effective date.
ASSIGNED ORDINANCE NO. 19-827
F. ID 19-833 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Perry
Weather Consulting, Inc., for the purchase of Lightning Warning Equipment; providing for
the expenditure of funds therefor; and providing an effective date (RFP 6942 - awarded to
Perry Weather Consulting Inc., in the five (5) year not-to-exceed amount of $183,000).
ASSIGNED ORDINANCE NO. 19-833
H. ID 19-836 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute an
Interlocal Cooperative Purchasing Agreement with the City of Grand Prairie, Texas, under
the Texas Government Code, Chapter 791, and Texas Local Government Code, Chapter
City of Denton City Council Minutes
April 23, 2019
Page 6
271, to authorize City of Denton contracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File 7066 -
Interlocal Cooperative Purchasing Agreement with the City of Grand Prairie).
ASSIGNED ORDINANCE NO. 19-836
I. ID 19-838 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 524-17 for the
acquisition of ballistic vests, helmets, and combat treatment kits; providing for the
expenditure of funds therefor; and providing an effective date (File 7063 - awarded to GT
Distributors, Inc., in the not-to-exceed amount of $104,000).
ASSIGNED ORDINANCE NO. 19-838
J. ID 19-840 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a fourth amendment to a Professional
Services Agreement between the City of Denton and Freese and Nichols, Inc., amending the
contract approved by City Council on July 17, 2012, in the not-to-exceed amount of
$435,701, amended by Amendments 1-3 approved by Purchasing Staff, the City Manager
and City Council, said fourth amendment to provide engineering services relating to North-
South Water Main Phases II and III; providing for the expenditure of funds therefor; and
providing an effective date (File 4978 - providing for an additional fourth amendment
expenditure amount not-to-exceed $396,303.00 with the total contract amount not-to-exceed
$1,052,571.60).
ASSIGNED ORDINANCE NO. 19-840
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
A. ID 19-799 Consider adoption of an Ordinance of the City of Denton authorizing the City
Manager, or designee, to execute a confidentiality and non-disclosure agreement between
the City and Saturn Power Corporation; providing for a severability clause; and providing
for an effective date.
ASSIGNED ORDINANCE NO. 19-799
Pulled for individual consideration by Council Member Armintor and Council Member
Meltzer.
Mayor Watts announced Council Member Armintor and Council Member Meltzer had a
conflict of interest on the item and had left the Work Session Room.
Council Member Hudspeth moved to adopt the item as presented. Motion seconded by
Mayor Pro-Tem Ryan. Motion carried.
AYES (5): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
and Duff
NAYS (0): None
ABSTAIN (2): Council Members Armintor and Meltzer
City of Denton City Council Minutes
April 23, 2019
Page 7
G. ID 19-834 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with CMS
Mechanical Services, Inc., for the supply of heating, ventilation and air conditioning
maintenance, repairs and replacement services for various City buildings and any other
areas maintained by the City of Denton Facilities Department; providing for the expenditure
of funds therefor; and providing an effective date (IFB 6976 - awarded to CMS Mechanical
Services, Inc., for three (3) years, with the option for two (2) additional one (1) year
extensions, in the total five (5) year not-to-exceed amount of $2,500,000).
Mayor Watts announced the item was pulled from consideration and would return on
May 7, 2019.
B. ID 19-830 Consider adoption of an ordinance directing the publication of Notice of
Intention to issue $9,110,000 in principal amount of Certificates of Obligation of the City of
Denton for General Government projects; and providing for an effective date.
Audit/Finance Committee approves 3-0.
ASSIGNED ORDINANCE NO. 19-830
Pulled for individual consideration by Council Member Armintor.
Presentation centered on (1) purpose of the notice of intention; (2) 31-day required notice;
(3) proposed projects to be funded; and (3) detail on General Fund and Technology Service
Projects and Wastewater Projects in the FY 18-19 budget; Additional details on the
proposed projects will be presented to City Council on June 4, 2019 in conjunction with
Council consideration of the bond sale ordinance.
Mayor Pro-Tem Ryan moved to adopt the item as presented. Motion seconded by Council
Member Briggs. Motion carried.
AYES (7): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
Duff, Armintor, and Meltzer
NAYS (0): None
C. ID 19-831 Consider adoption of an ordinance directing the publication of Notice of
Intention to issue $17,610,000 in principal amount of Certificates of Obligation of the City
of Denton for Wastewater System and Electric System projects; and providing for an
effective date. Audit/Finance Committee approves 3-0.
ASSIGNED ORDINANCE NO. 19-831
Pulled for individual consideration by Council Member Armintor.
Presented under Consent Item 2.B (File ID 19-830) to include (1) purpose of the notice of
intention; (2) 31-day required notice; (3) proposed projects to be funded; and (3) detail on
Electric Projects and General Obligation Funded Projects. Additional details on the
proposed projects will be presented to City Council on June 4, 2019 in conjunction with
Council consideration of the bond sale ordinance.
City of Denton City Council Minutes
April 23, 2019
Page 8
Mayor Pro-Tem Ryan moved to adopt the item as presented. Motion seconded by Council
Member Hudspeth. Motion carried.
AYES (7): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
Duff, Armintor, and Meltzer
NAYS (0): None
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 19-842 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Jagoe-
Public Company for Trucking Services for various City of Denton departments; providing
for expenditures of funds therefor; and providing an effective date (IFB 7014 - awarded to
Jagoe-Public Company in the five (5) year not-to-exceed amount of $1,300,000).
ASSIGNED ORDINANCE NO. 19-842
The presentation centered on (1) scope of trucking services; (2) milling process; and (3) bids
sent and received and related processing. The method of outreach to potential vendors and
notification process was detailed.
Mayor Pro-Tem Ryan moved to adopt the item as presented. Motion seconded by Council
Member Hudspeth. Motion carried.
AYES (6): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
Duff, and Armintor
NAYS (1): Council Member Meltzer
B. ID 19-920 Consider approval of a resolution creating a Special Citizens Bond Advisory
Committee for the proposed 2019 Bond Election; establishing a charge for the committee;
and declaring an effective date.
ASSIGNED RESOLUTION NO. 19-920
The presentation centered on (1) background on direction for a bond election; (2) Special
Citizens Bond Advisory Committee formation; (3) responsibilities and dissolution on
Election Day; (4) Committee charges on project list; and (4) tentative 2019 bond election
timeline. A citizen public input campaign will be put together to allow the Committee to
receive comments, recommendations from the public.
Mayor Pro-Tem Ryan moved to adopt the item, with the following amendments:
Amend Section 9 to include (1) a 2% cap funding (2) for public art; and
Amending motion seconded by Council Member Briggs.
City of Denton City Council Minutes
April 23, 2019
Page 9
City Attorney Leal clarified the Committee would be required to bring forth
recommendations with a 2% cap for vertical construction but could still come forward with
recommendation(s) to increase that percentage. If the amount changes and if City Council
agrees, this resolution would need to be amended.
Council Member Meltzer moved a friendly amendment
language that if according to staff estimates the bond package is under $1 million, it would
not result in a tax increase. Mayor Pro-Tem Ryan and Council Member Briggs accepted the
friendly amendment.
Mayor Watts reiterated the amendments to be as follows:
te a $100,000,000 or less bond package would to
require an increase in the tax rate increase;
Public Art be included in the list of things that the committee can consider; and
A 2% cap on the amount of Public Art approved as part for vertical construction on
the bond program.
Amending motion carried.
AYES (7): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
Duff, Armintor, and Meltzer
NAYS (0): None
C. ID 19-921 Consider appointments to the Special Citizens Bond Advisory Committee for the
proposed 2019 Bond Election.
Council Member Armintor moved to appoint the following:
Jennifer Collins
Janata Montgomery
Tammy Bradley
Karen DeVinney
Peggy Capps
Pat Smith
Motion seconded by Council Member Briggs. Motion carried.
AYES (7): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
Duff, Armintor, and Meltzer
NAYS (0): None
City of Denton City Council Minutes
April 23, 2019
Page 10
3. PUBLIC HEARINGS
A. ID 19-909 Hold a public hearing on the designation of a certain area within the city limits of
Denton as Sally Beauty Supply, LLC Reinvestment Zone Number XV for
commercial/industrial tax abatement in accordance with Chapter 312 of the Texas Tax
Code. THIS PUBLIC HEARING HAS BEEN CANCELLED.
As noted, the public hearing had been previously cancelled.
B. DCA18-0009p Hold a public hearing and consider an ordinance changing the Bell Avenue
Historic Conservation District to the Bell Avenue Historic District, as specified in Section
4.9.5 of the proposed Denton Development Code Update. Planning and Zoning Commission
recommends approval of the amendment 7-0. THIS ITEM HAS BEEN POSTPONED
INDEFINITELY (DCA18-0009, Roman McAllen)
As noted, the item had been postponed indefinitely.
C. DCA18-0009q Hold a public hearing and consider an ordinance of the City of Denton,
Texas, approving and adopting the newly revised Denton Development Code; superseding
and expressly repealing Chapters 31, 34 and 35 of the 1991 Code of the City of Denton,
Texas, as amended, and leaving all other chapters intact; superseding and expressly
repealing the existing 2002 Denton Development Code, as amended; establishing a penalty
in the maximum amount of $2000.00 for violations of the Denton Development Code as
further specified therein; providing for severability; and establishing effective dates as
further specified herein. (DCA18-0009, DDC Update, Ron Menguita)
The presentation centered on (1) P&Z processes on proposed change to the Code, responses,
and input received after that hearing; (2) cards received after the P&Z public hearing; (3)
substantive changes to RZ3 (triplexes, quadplexes, duplexes) which are moving to CDC for
review; (4) NR4 changes; (5) updates to the errata sheet; and (4) map updated on most
recent proposed changes. Staff stated there were no substantive changes; and that adoption
would authorize the city attorney to make non-substantive changes without coming to City
Council.
Matt Goebel with Clarion Associates presented additional information, including (1) project
goals consisting of (a) implementing Denton Plan 2030, (b) improving user-friendliness, (c)
tailoring development standards, and (d) modernizing development review procedures; (2)
DDC drafting process; (3) path to adoption; (4) DDC public meetings summary since June
2017 to present; (4) DDC adoption draft - cleanup edits; and (5) after DDC adoption, with
effective date of October 1, 2019, track ongoing effectiveness of the DDC, consider "batch
updates" on a regular basis and the DDC being a living document.
The meeting was recessed for a short break at 7:29 p.m. and reconvened at 7:39 p.m.
With the public hearing opened, the following spoke on the item:
City of Denton City Council Minutes
April 23, 2019
Page 11
Lee Allison, 2415 N. Elm Street, in support of the item
Richard Kelsey, 206 Ridgecrest Circle, in support of the item; expressed appreciate
for assistance rendered during the entire process
Katherine Warylock, 1918 Poinsettia, in support of the item and concerns about
pricing out of the market low income families
Regan Wood, 7113 Wright Court, on storage building at 2499 and concerns
regarding development code and bidding process
Pam Spooner, 513 Chateau Court, in opposition to the item and concerns as to
definitions for R3 and R4 zoning
Mary Anderson, 924 West Oak, on keeping density low and concerns with rushing
the process
Jacque Fenster, 2422 College Park Drive, on concerns of B&Bs above-ground
infrastructure that would allow new gas wells as well as RV parks
Michelle Berry, 1730 Stonegate Drive, in support of the item and looking at
duplexes and triplexes as alternative housing; concerned about details being laid
out in the plan
Ron Furtick, P.O. Box 11, Argyle, spoke in support of the item
Dana Zoltner, 610 Emory, on concerns as to City Council not being ready to vote
on the item
Jennifer Lang, 7526 Willowwood Street, on her concern of speakers addressing the
City Council Members by name and desire to see an overlay district on 35E to Ft.
Worth Drive
Eric Pruett, 2111 Westwood Drive, in opposition to the item
No other speakers came forward on the item.
Council Member Armintor moved to continue the public hearing to May 7, 2019 as new
information had been received at the meeting with no opportunity to review the material in
advance. Motion seconded by Council Member Meltzer. Motion failed.
AYES (2): Council Members Armintor and Meltzer
NAYS (5): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
and Duff
Discussion followed on the proposed changes to date and those changes that would be
required in the future.
Council Member Hudspeth moved to close the public hearing and approve the item pending
clarified the motion was to:
Approve pending an amendment to the existing draft ordinance attached to the
agenda backup that would create a new section that would allow as follows:
o The City Attorney is authorized to make corrections and implement non-
substantive changes to the newly revised Denton Development Code in
City of Denton City Council Minutes
April 23, 2019
Page 12
Amending motion seconded by Council Member Duff. Amending motion carried.
AYES (6): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
Duff, and Meltzer
NAYS (1): Armintor
The meeting was recessed for a short break at 8:58 p.m. and reconvened at 9:09 p.m.
D. DCA18-0009r Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a city-wide rezoning, to coincide with zoning regulations adopted
under the newly revised Denton Development Code; establishing a penalty in the maximum
amount of $2000.00 for violations thereof; providing for severability; and establishing an
effective date. (DCA18-0009)
The presentation centered on (1) Denton Plan 2030; (2) Subchapter 3, Zoning Districts; (3)
review of the Zoning District Transition Chart; (4) work sessions and meetings held by City
Council, Planning and Zoning commission, Development Code Review Committee, and
other public and stakeholder meetings; (5) notifications and medium type; (6) updated
response forms update; (7) recap of public hearings and direction to be taken in the next
couple of months. The updated zoning map of what was adopted under Public Hearing Item
3.C (DCA18-0009q) and this item will be placed online tomorrow, April 24, 2019.
The following requested to have their name read into the record as noted (public hearing had
been opened):
Boyd Taylor, 631 S. Mayhill Road, in opposition to the item
James Fee, 223 Sycamore, in opposition to the item
Bryan Hasse, 2430 I35 E, in support of item if HC
Michael Lawrence, 2900 Robinson Road, in opposition to the item
With the public hearing opened; the following spoke on the item:
John Shiver, 520 N. Austin Street, in opposition to the item as it would impact his
property which is zoned MD
Robert Stalk, 5101 E. University Drive, in opposition to the item and the need to
have his property zoned SC
JB Haisler, 2164 North Locust, in opposition to the item; and detailed surrounding
properties to his and recommended his property be zoned SC (handout)
Dan Hampton, 2798 Robinson Road, in opposition to the item
Cynthia Lickman, P.O. Box 1097, in opposition to the item and the need to have
his property zoned MN not R3
Steve Stone, 6827 Freeman Road, in opposition to the item and that 1500
McCormick Street and I35 should be zoned MN
Gary Chang, 1600 W. Hickory, in opposition to the item and the need to have his
property should MR or MD
City of Denton City Council Minutes
April 23, 2019
Page 13
Eric Jansen, 3617 Falcon Court, in opposition to the item and the need to have his
property zoned NR4
Ron Furtick, P.O. Box 11, Argyle, in support of the item and on concern that his
property is being poorly treated and decreases his property value
Michelle Berry, 1730 Stonegate Drive, spoke in opposition to the item and stated
city initiated rezoning should stick to the comprehensive plan
Mary Anderson, 924 W. Oak Street, in opposition to the item and concern with
MN zoning or R7 zoning
Jennifer Lang, 1526 Willowwood Lane, on preserving open green space
Yafei Staszuil, 6498 Shiloh Lane, in opposition to the item and not agreeing with
the proposed zoning change to her property
With no other speakers coming forward, the public hearing was closed. No other speakers
came forward.
Council Member Armintor moved to postpone the item indefinitely. Following discussion,
the motion was withdrawn.
Council Member Meltzer moved to continue the public hearing to August 6, 2019. Motion
seconded by Mayor Pro-Tem Ryan. Motion carried.
AYES (7): Mayor Watts, Mayor Pro-Tem Ryan and Council Members Hudspeth, Briggs,
Duff, Armintor, and Meltzer
NAYS (0): None
5. CONCLUDING ITEMS
(1) Status update on council members speaking with outside counsel on a pending item;
(2) discuss option on policy for green painting on pavement for bike/pedestrian lanes;
(3) invited those that have not driven Mayhill lately to do so; amazing area; (4) thanked
staff for providing trash receptacles for the MLK event; and (5) staff look at grease trap
. (Hudspeth)
(1) Recommended on new master plan that staff work with master gardeners to explore
an arboretum concept. (Ryan)
(1) Information on the recent court decision regarding chalking of tires on vehicles; (2)
information on zoned parking and how it can help around campuses; and (3) list of
directors and department heads and if they live in city or not or city limits to start
conversation on incentives we need to make city more desirable. (Briggs)
(1) Ongoing early voting for City Council elections; and (2) Jazz Fest this weekend.
(Armintor)
City of Denton City Council Minutes
April 23, 2019
Page 14
With no further business, the meeting was adjourned at 10:36 p.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
ROSA RIOS
CITY SECRETARY
CITY OF DENTON, TEXAS
MINUTES APPROVED ON: May 7, 2019
MINUTES AMENDED ON: ____________________________________
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1916,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,authorizingtheCityManager,orhisdesignee,
toexecuteaMemorandumofUnderstandingwiththeTexasDepartmentofPublicSafety,StateofTexas,
authorizingtheDentonPoliceDepartmenttoperformuniformcommercialvehicleweightinspectionsand
enforcement for the period of August 1, 2019 through August 1, 2021; and providing an effective date.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Todd Hileman
DATE: August 13, 2019
SUBJECT
BACKGROUND
RECOMMENDATION
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
FISCAL INFORMATION
EXHIBITS
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1917,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,authorizingtheCityManager,orhisdesignee,
toexecuteaMemorandumofUnderstandingwiththeTexasDepartmentofPublicSafety,establishing
responsibilities,policies,andguidelinesfortheDentonPoliceDepartmenttoconductfederalsafetyregulation
inspections for the period of August 1, 2019 through August 1, 2021; and providing an effective date.
City of DentonPage 1 of 1Printed on 8/9/2019
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: POLICE
CM/ DCM/ ACM: Todd Hileman
DATE: August 13, 2019
SUBJECT
BACKGROUND
RECOMMENDATION
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
FISCAL INFORMATION
EXHIBITS
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1839,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing
theapprovalofathirdamendmenttoaProfessionalServicesAgreementbetweentheCityofDentonandHazen
andSawyer,P.C.,amendingthecontractapprovedbyCityCouncilonJuly21,2015,inthenot-to-exceed
amountof$427,368,emendedbyAmendments1-2approvedbyCityCouncil;saidthirdamendmenttoprovide
additionaldesignandconstructionadministrationservicesforHickoryCreekBasinPeakFlowDetention
Facility,WestPeakFlowStorageBasinandPeakFlowPumpStation,andHickoryCreekLiftStation
Reconstructiondesign;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File
5768-providingforanadditionalthirdamendmentexpenditureamountnot-to-exceed$470,449,withthetotal
contract amount not-to-exceed $1,202,814).
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
CFO: Antonio Puente, Jr.
DATE: August 13, 2019
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a third amendment to a Professional Services Agreement between the City of
Denton and Hazen and Sawyer, P.C., amending the contract approved by City Council on July 21, 2015, in
the not-to-exceed amount of $427,368, emended by Amendments 1-2 approved by City Council; said third
amendment to provide additional design and construction administration services for Hickory Creek Basin
Peak Flow Detention Facility, West Peak Flow Storage Basin and Peak Flow Pump Station, and Hickory
Creek Lift Station Reconstruction design; providing for the expenditure of funds therefor; and providing an
effective date (File 5768 providing for an additional third amendment expenditure amount not-to-exceed
$470,449, with the total contract amount not-to-exceed $1,202,814).
INFORMATION/BACKGROUND
The City Council authorized the contract with Hazen and Sawyer, P.C. (Hazen) on July 21, 2015, for the
preliminary and final design of the Hickory Creek Detention Facility project (HCDF) in the original not-to-
exceed amount of $427,368. The original agreement included design of concrete storage basins and a peak
flow pump station to store peak wet weather flows, and then discharge back into the Hickory Creek
Interceptor when the flows subside. The contract was subsequently amended to include the design of the
West Peak Flow Storage Basin and Peak Flow Pump Station on April 5, 2016, in the additional amount of
$112,758 aggregating the not-to-exceed amount to $540,126. The contract was further amended on
February 7, 2017, to include the Hickory Creek Lift Station Reconstruction design in the additional amount
of $192,239 aggregating the not-to-exceed amount to $732,365. Collectively, the Original Agreement, the
First Amendment, and the Second Amendment are all for services related to the Hickory Street Basin Peak
Flow Detention Facility project.
The construction cost of the above project is estimated at $15,400,000. Subsequently, the design fee
percentage amounts to 4.75%. During the design phase, their modifications and additions resulted in the
additional design cost of $89,905 representing total design cost of 5.34%. This design cost, when compared
to standard design fees of 7-10% for projects of this magnitude and complexity, is beneficial to the City.
The above-designed projects are going into construction this year, as such, staff requested the design
engineer Hazen to provide scope and the estimated engineering services costs during construction. The
Hazen Scope and Cost Proposal is attached as Exhibit B to the contract. The engineering services cost
during construction, start-up, and As-Built Drawings preparation for the above projects is estimated at
$380,544. Staff has reviewed recent construction services proposals from other consultants for plant and
pump station related projects and find the Hazen Scope and Cost Proposal to be consistent with other
engineering firms.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On July 21, 2015, City Council approved a contract with Hazen and Sawyer, P.C., in the not-to exceed
amount of $427,368 (Ordinance 2015-205).
On April 5, 2016, City Council approved Amendment No. 1 with Hazen and Sawyer, P.C. in the not-to-
exceed amount of $112,758 (Ordinance 2016-098).
On February 7, 2017, City Council approved Amendment No. 2 with Hazen and Sawyer, P.C. in the not-
to-exceed amount of $192,239 (Ordinance 2017-034).
On August 26, 2019, this item will be presented to the Public Utilities Board for recommendation to the
City Council for consideration.
RECOMMENDATION
Award Amendment No. 3 with Hazen and Sawyer, P.C., for additional construction and design services
related to Hickory Creek Basin Peak Flow Detention Facility, West Peak Flow Storage Basin and Peak
Flow Pump Station, and Hickory Creek Lift Station Reconstruction design, in the not-to-exceed amount of
$470,449, for a total amended contract amount of $1,202,814.
PRINCIPAL PLACE OF BUSINESS
Hazen and Sawyer, P.C.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date by the Fall of 2021.
FISCAL INFORMATION
These services will be funded from bond funds. Funds have been set aside as follows;
640163545.1365.40100 : $89,905
640163539.1360.47710: $380,544
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Contract, Original Ordinance, and Amendments
Exhibit 3: Ordinance and Amendment
Exhibit 4: Presentation
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Frank Pugsley at 940-349-8086.
Legal point of contact: Mack Reinwand at 940-349-8333.
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
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DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HAZEN AND SAWYER, P.C.
\[RFP NO. 5768\]
THIS FIRST AMENDMENT TO CONTRACT 5768 by and
between the City of Denton, and Hazen and Sawyer, P.C. Contractor);
the Hickory Creek Peak Flow Detention Facility as is contained in Contract #5768 (on
file in the Purchasing Office). The initial agreement for the Basic Services (Exhibit A),
was approved on July 21, 2015, in the not-to-exceed amount of $427,368.
The CITY deems it necessary to further expand the goods/services provided by
CONTRACTOR to the CITY;
NOW THEREFORE,
Section 2 Compensationis modified to include Exhibit A. This
modification includes Design of the Pecan Creek Water Reclamation Plant
West Peak Flow Pump Station in the amount of $112,758 with a revised not-
to-exceed total of $540,126.
All other provisions of the contract 5768, as heretofore amended, remain in full force and
effect.
IN WITNESS WHEREOF, the CITY and the CONTRACTOR, have each
executed this Amendment electronically, by and through their respective duly authorized
representatives and officers on this date
_________________________.
RFP 5768 Amendment #1 Page 1 of 2
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: __________________________________
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ___________________________________
CONTRACTOR
HAZEN AND SAWYER, P.C.
By: _________________________________
AUTHORIZED SIGNATURE, TITLE
RFP 5768 Amendment #1 Page 2 of 2
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
February18,2016
P.S.Arora,P.E.
AssistantDirectorofWastewaterUtilities
CityofDenton
901-ATexasStreet
Denton,TX76209
Re:ScopeofWork–DesignofthePecanCreekWaterReclamationPlantWestPeakFlowPump
Station
DearMr.Arora:
Inresponsetoyourrequest,Hazenhasdevelopedascopeandlevelofeffortforthedesignofapeakflow
diversionpumpstationlocatedatthePecanCreekWaterReclamationPlant.Thepurposeofthepump
stationistodivertpeakflowsfromthePecanCreekInterceptorintotheexistingdiurnalbasinand
connectedequalizationbasintomanagepeakflowsduringa5-yeardesignstormfortheplanningyear
2033.TheCityhasevaluatedthewetweatherconditionsusingtheexistingInfoWorksmodeland
determinedthata30milliongallonperday(mgd)pumpstationisrequiredtodivertflowtothe11million
gallonsofexistingonsitecombinedstorage.Somemodificationsareanticipatedattheonsitecombined
storagebasinstoimplementthefutureflowdiversionstrategy.
Hazenwillincludethefollowingfeatureswiththeconveyancesystemandstoragebasindesigns:
One(1)weirdiversionstructurewithacommonwalltotheproposedpeakflowdiversion
pumpstationwetwell
One(1)newpermanentvehicleaccessdrivefromtheexistingroadatPCWRPtothepump
stationanddiversionstructure
One(1)30MGDfirmcapacitypumpstationwithconstantspeednon-clogsubmersiblepumps,
pumpretrievalsystem,piping,valvesandappurtenances
Additionallightingnearthepumpstation
Pumpstationlevelmonitoring
Electricalutilityservicecoordinationfornewtransformers/powersupply.
Outdoorratedelectricalequipmentforthenewpumpstation(noelectricalbuilding);similarto
theexistingPCWRPEastPeakFlowPumpStation
Page1of8
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
Task100:InvestigationandPreliminaryEngineeringServices
Task101:ReviewExistingInformationandBasisofDesignConfirmation
ENGINEERwillreviewinformationprovidedbytheCityrelatedtothedesignofthePecanCreekPeak
FlowPumpStationincluding,butnotlimitedto:
PecanCreekWRFRecordDrawings
CityofDentonInfoWorksModelOutputsfortheDesignStorm(s)
Existingutilityinformationincludingpowersupply,voltage,capacity,etc.
RelevantCityofDentonDesignCriteriaManualsandDevelopmentCodeRequirements
ENGINEERwillreviewexistinginformationandconfirmthatthenecessarybackgroundinformation
meetsdesignneeds.TheENGINEERwillusetheexistingCityofDentonInfoWorksmodeloutputsto
confirmthedesigncriteriawithamoredetaileddesignevaluationofvaryingstormevents,storagesizes
andpumpingrates.
ScopeItemAssumptions:
Citywillprovideexistingdatumandmonumentinformation.
Recorddrawingfileswillbeprovidedin.PDFor.JPEGformatbytheCity
CitywillprovideInfoWorksmodeloutputsrequiredtodefinethebasisofdesign.Engineer
assumesnoliabilityforCity’sInfoWorksmodeloutputs.
Meetings:
OnehourmeetingwiththeCityengineertoconfirmnecessarystormscenariosandInfoWorks
outputs
Deliverables:
DatarequestlettertransmittedelectronicallyinPDFformat.
Subtask102:GeotechnicalInvestigation
ENGINEERwillperformasitespecificgeotechnicalinvestigationincludingcoordinationwiththe
geotechnicalinvestigationsub-consultant,reviewandanalysisofthegeotechnicalinvestigationreport,
andsummaryofdesignrequirements.
ScopeItemAssumptions:
Atotalofone(1)boringforthepumpstationanddiversionstructurefacility;assumedtobea
commonstructure
Page2of8
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
Awrittenreportwillbeprovidedsummarizingthegeotechnicalfindingswithalltherequiredinformation
fordesign,including,butnotlimitedto:
Foundationrecommendations
Groundwatertableconditions
Pipebeddingrecommendations
Soilcharacteristicssuchasallowablebearingpressure,lateralearthpressure,subsurfacesoil
profile,etc.
Seismicparameters
AllsiteactivitieswillbecoordinatedwiththeCityandinaccordancewiththeCity’sagreementswith
adjacentpropertyowners.
Meetings:
Onehourmeetingonsitewiththegeotechnicalinvestigatortocoordinatelocationand
requirements
Deliverables:
Oneelectronic(.PDFformat)andthree(3)hardcopiesofthegeotechnicalinvestigationreport.
Subtask103:BasisofDesignTechnicalMemorandum
ENGINEERwillperformapreliminarydesignofthesitingandlocationofaccessroads,diversion
structurelocation,pumpstation,yardpipinglayoutandallrelatedappurtenances.Preliminaryanalysis
willdetermineimpactstosurroundingenvironmentalresourcessuchasencroachmentstofloodplainand
streambufferboundaries,aswellasdetermineoverallprojectfootprintandthenecessaryregulatory
permitsrequiredforenvironmentalandconstructioncompliance.Thememorandumwillincludebasisof
designsummariesforeachdisciplinebasedonthepreliminarydesignactivities.
Subtaskactivitieswillinclude:
Performingacodereviewtodeterminepermit,easementandregulatoryrequirementsthat
impactthefacilityforimpacteddisciplines
Performageotechnicalinvestigationincludingoneboreatthelocationforthepumpstation
anddiversionstructure
Performsitesurveyintheareadesignatedforthepeakflowpumpstation;approximatelyone
acretotalincludingtreelocation
Preparingdisciplinedesignbasissummariesthataretoincludethefollowingareas:
o General–Hydraulicprofileandprocessflowschematic
o Civil–SiteWorkandYardPiping
Preliminarysitegrading
Determinationoftotalprojectfootprintandimpactfortheperformanceof
topographicalsurvey
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EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
CompliancewithTPDESGeneralPermitforstormwaterdischargesduring
construction
CompliancewithCityofDentonSiteDesignandDrainageDesignCriteria
CoordinationwiththeCorpofEngineersisnotincludedaspartofthisprojectscope
withtheassumptionthattheimprovementswillnotimpactthefloodplainor
existingEndangeredSpeciesAct(ESA)areas.
Determiningbestsourceofwashdownhosebibs,eitherpotablewaterorplant
servicewater,andtapinlocation
Apreliminarysiteplanshowingpreliminarylocationofabovegradefacilities,
pipelinealignmentsandroadwayaccess,powereasement,etc.
Apreliminarysitegradinganddrainageplanshowingrevisedsitecontours
Listofanticipatedrequiredprojectpermits;ifapplicable
o Structural
Foundationtypeandsubgraderequirementsformajorfacilitiesbasedonresultsof
thegeotechnicalinvestigation
o Mechanical
Summaryofhydrauliccalculationsrequiredtooptimizepipelinesizes,pump
capacity,energy,wetwellsize,etc.
Ahydraulicprofile
Confirmoperationalphilosophywithconstantspeedpumps.Asrequested,VFD
analysisisnotincludedaspartofthisevaluation.
o ElectricalandInstrumentation
Siteelectricalrequirementsincludingincomingservice,powerdistribution,backup
powerrequirements,materialsofconstruction,andidentificationofequipment
manufacturers
Provisionsforaportableemergencygeneratorconnectionwhichwouldallowfora
standbygeneratortobeinstalledinthefuture
Preliminarycontrolphilosophy
City’spowersupplydeliveryplanandscopesummary
Preliminarysitelightingplandescription
Electricalonelinediagram
BottomhalfoftheP&ID
Meetings:
One,1-hourmeetingtoreviewthedrafttechnicalmemorandumandreceivetheCity’sreview
comments
Deliverables:
Descriptionofbasisofdesignwillbeincludedaspartofthedraftandfinalpreliminarydesign
deliverablesfortheHickoryCreekPeakFlowDetentionFacility.
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DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
Task200:DetailedDesignandBidPhaseServices
Subtask201:50-PercentDesign
ENGINEERwillperformthenecessarydesigncalculations,agencycoordination,developmentofplans,
specificationdevelopment,manufacturercoordinationandcostestimationinaccordancewithapplicable
Federal,StateandlocalregulationsinadditiontotheCity’sdesignstandards.Thelevelofdetailwill
conformtoindustrystandardsfora50%leveldesigndetailedbelow.
Subtaskactivitieswillinclude:
Preparingthe50%designdrawingswhichwillcontainthefollowingingeneral:
o GeneralSheets
o Civil–existingplan(identifieshorizontalandverticalcontrolinformation,existing
easements,floodplain,floodway,setbacksandbuffers,existingfacilities,roads,etc.),
existinggrading,proposedfacilityplan,proposedsitegradingplan,proposedsitepaving
plan,proposedyardpipingplan,forcemainplansandprofiles,siteerosionandsediment
controlplan,stormwatercontrolplanandstandarddetails.
o Mechanical–facilityplansandprimarysections(pumpstation,miscellaneous
improvementsatthediurnalbasin,etc.),andinitialstandarddetails
o Structural–generalnotes,facilityplansandprimarysections,andstandarddetails
o Electrical–generalnotes,singlelinediagrams,proposedsiteplan,lightingplan,power
plan,electricalequipmentelevationsandstandarddetails
o Instrumentation–symbolsanddiagrams,pipingandinstrumentationdiagrams,system
blockdiagrams,andstandarddetails
Prepare50%technicalspecificationsforalldisciplines
PrepareAACEClass1OpinionofProbableConstructionCostsbasedon50%leveldesign
Coordinatefrontenddocumentswiththeoverallproject
Conductaninternalmilestonequalitycontrolreview
Performa50%internalconstructabilityreview
Performa50%internalinterdisciplinarycoordinationworkshop
Reviewthe50%constructionpackagewiththeclientinaworkshopformattoobtaincomments
andfeedback
Meetings:
One,2-hour50%designsubmittalreviewandCitycommentworkshop
Deliverables:
DeliverableswillbeincludedaspartoftheHickoryCreekPeakFlowDetentionFacility
deliverables
Page5of8
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
Subtask202:90-PercentDesign
ENGINEERwillperformnecessarydesigncalculations,agencycoordination,specificationdevelopment,
manufacturercoordinationandcostestimationinaccordancewithapplicableFederal,Stateandlocal
regulationsinadditiontotheCity’sdesignstandards.Thelevelofdetailwillconformtoindustry
standardsfora90%leveldesigndetailedbelow.
Subtaskactivitieswillinclude:
IncorporatingCity’s50%comments.
Developthe50%drawingsdevelopedtoa90%designlevel.Thecontentofthe90%design
includes:
o Civil–additionalerosioncontrolmeasures,stakingdata,contractorstagingarea,laydown
areas,andotherpertinentprojectspecificdetails
o Structural–facilitysections,foundationschedules,specialinspectionrequirementsand
projectspecificdetails
o Mechanical–Miscellaneousdetailannotation,piping,valves,constructionnotes,sequence
ofwork,elevations,etc.Additionalplansandsectionswillbeaddedasnecessarytoclarify
designintent.
o Electrical–ductbankschedules,groundingplans,riserdiagrams,controloneline
diagrams,conduitandwireschedulesandprojectspecificdetails
o Instrumentation–projectspecificdetails
Prepare90%technicalspecificationsforalldisciplinesincludingbiddingandcontract
requirementsandexistinginfrastructuretieinrequirements.
PrepareAACEClass1OpinionofProbableConstructionCostsbasedon90%leveldesign
Coordinatefront-enddocumentsfromtheCity
Conductaninternalmilestonequalitycontrolreview
Performa90%internalinterdisciplinarycoordinationworkshop
Reviewthe90%constructionpackagewiththeclientinaworkshopformattoobtaincomments
andfeedback
Meetings:
One,2-hour90%designsubmittalreviewworkshop
Deliverables:
DeliverableswillbeincludedaspartoftheHickoryCreekPeakFlowDetentionFacility
deliverables
Subtask203:100-Percent/BidSet
ENGINEERwilldevelopbidreadyconstructiondocumentssetincludingdrawings,technical
specificationsandanAACEClass1OpinionofProbableConstructionCostestimate.
Page6of8
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
Subtaskactivitieswillinclude:
IncorporatingtheCity’s90%reviewcomments.
Preparingthebidreadydesigndrawingsusingthe90%documents
Preparebidreadytechnicalspecificationsforalldisciplinesincludingfinalbiddingand
contractrequirements.
PrepareAACEClass1OpinionofProbableConstructionCostsbasedonbidleveldesign
Finalizefront-enddocumentswiththeCity
Meetings:
None.
Deliverables:
DeliverableswillbeincludedaspartoftheHickoryCreekPeakFlowDetentionFacility
deliverables
Subtask204:BidPhase
TheENGINEERwillprovidebidphaseservicesincludingattendingthepre-bidmeeting,answering
contractorquestionsandinquiriesthroughwrittenaddenda,reviewingthebidsubmissionsandproviding
anyadditionalrecommendationsrequiredbytheCity.
Assumptions:
AllassumptionsoutlinedaspartoftheHickoryCreekPeakFlowDetentionFacilityare
applicableasthePCPFPSpackagewillbebidwiththeHickoryCreekPeakFlowDetention
Facility.
ENGINEERwillperformthesametasksoutlinedintheHickoryCreekPeakFlowDetention
FacilityscopeinrelationtothePCPFPS.Thisprojectwillnotrequireduplicationofactivities
betweenthetwoprojectsotherthanadditionalefforttoclarifydesignintentofthenewpump
station
Meetings:
IncludedaspartoftheHickoryCreekDetentionFacility;additionalmeetingsforthePCPFPS
arenotincludedaspartofthescope.
Deliverables:
DeliverableswillbeincludedaspartoftheHickoryCreekPeakFlowDetentionFacility
deliverables
Page7of8
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT A
CityofDenton
PecanCreekWaterReclamationPlant
WestPeakFlowPumpStation
Task200Exemptions:
Inanefforttoclearlydefineeffortsthatarenotincludedinthisscopeorfee,Hazenhasidentifiedthe
followingexemptions:
ChangestothedesigndirectivesdefinedbytheCityofDentonwhichinclude:
o Propertylocation;
o Capacityofthepumpstation;and
o FlowsdivertedfromPecanCreekInterceptor
Additionaltimethatwouldbeencounteredduetostoppages/delaysinthedesignprocessof
over9months
HydraulicmodelingoftheflowscontributingtothePecanCreekInterceptorSSOs
Flowmonitoringintheexistingsewersystem
Mechanicalventilationforthepumpstationwetwell
Foulairexhaustandodorcontrolsystem
PermanentstandbygeneratoratthePecanCreekWRP
Screeningorgrindersatthepumpstation
Sitebuildingsforelectrical,operations,maintenance,etc.
Restroomfacilitiesincludingsanitarywasteandventilationdesignanddomesticwaterservice
andwaterheatingforthesite.
Cleanupofcontaminatedmaterials
Advancedrestorationfeatures
Pedestrianorvehicularbridgesorrailroadcrossing
Alternativeenergydesignincludinggeothermal,solarpanels,hydroelectricpower,wind,etc.
Detailedsiteutilizationstudies(architecturalbuildingplacement)
ArcFlashAnalysis(tobeprovidedbycontractoratconstructioncompletionbasedonelectrical
systeminstalled,specificationprovidedtocontractorfordirection)
SCADA/PLCprogramming
Front-enddocumentsotherthanbidproposal,bidform,specialprovisions,andtechnical
specifications.
Energycertification/commissioning-LEED,USGBC,EnergyStar,Etc.
Buildingenergymodelingreports
Utilitycostmodeling
NTCOGandiSWMstormwaterrequirements
CoordinationwiththeUSACEforfloodplainorESArequirements
Constructionphaseservices
Verytrulyyours,
BrandtMiller,PE
ProjectManager
Enclosure:Levelofeffortandpreliminarysheetlist
cc:ChamindraDassanayake,PhD,PE,SouthwestRegionalManager
Page8of8
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
EXHIBIT C
DocuSign Envelope ID: B81CD14E-2070-4C94-9A0B-1829CBBA2D6E
THIS PAGE INTENTIONALLY LEFT BLANK
Certificate Of Completion
Envelope Id: B81CD14E20704C949A0B1829CBBA2D6EStatus: Completed
Subject: Please DocuSign: 5768 H&S Amendment #1 for design of the PCWRP West Peak Flow Pump Station
Source Envelope:
Document Pages: 14Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 0Rebecca Hunter
AutoNav: Enabledrebecca.hunter@cityofdenton.com
EnvelopeId Stamping: EnabledIP Address: 129.120.6.150
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: OriginalHolder: Rebecca HunterLocation: DocuSign
3/29/2016 7:30:10 AM rebecca.hunter@cityofdenton.com
Signer EventsSignatureTimestamp
Rebecca HunterSent: 3/29/2016 8:58:56 AM
Completed
rebecca.hunter@cityofdenton.comViewed: 3/29/2016 8:59:09 AM
Senior BuyerSigned: 3/29/2016 9:00:24 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Chamindra Dassanayake (CD), PhD, PESent: 3/29/2016 9:00:27 AM
cdassanayake@hazenandsawyer.comViewed: 3/29/2016 9:10:04 AM
Security Level: Email, Account Authentication Signed: 3/29/2016 9:10:36 AM
(Optional)
Using IP Address: 66.196.204.74
Electronic Record and Signature Disclosure:
Accepted: 3/29/2016 9:10:04 AM
ID: 3d16cafc-b45f-45b8-b1a5-51efbb6765cb
John KnightSent: 3/29/2016 9:10:41 AM
john.knight@cityofdenton.comViewed: 3/29/2016 10:04:40 AM
Deputy City AttorneySigned: 3/29/2016 10:05:37 AM
City of Denton
Using IP Address: 129.120.6.150
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ID:
Julia WinkleySent: 3/29/2016 10:05:41 AM
Completed
julia.winkley@cityofdenton.comViewed: 3/29/2016 10:21:27 AM
Contracts Administration SupervisorSigned: 4/5/2016 2:29:32 PM
Using IP Address: 129.120.6.150
City of Denton
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Signer EventsSignatureTimestamp
George C. CampbellSent: 4/5/2016 2:29:38 PM
george.campbell@cityofdenton.comViewed: 4/18/2016 9:18:36 AM
City ManagerSigned: 4/18/2016 9:18:47 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
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ID:
Jennifer WaltersSent: 4/18/2016 9:18:51 AM
jennifer.walters@cityofdenton.comViewed: 4/22/2016 12:01:04 PM
City SecretarySigned: 4/22/2016 12:01:25 PM
City of Denton
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Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Julia WinkleySent: 3/29/2016 9:10:39 AM
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
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ID:
Sherri ThurmanSent: 3/29/2016 9:10:40 AM
sherri.thurman@cityofdenton.com
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ID:
Robin FoxSent: 4/5/2016 2:29:36 PM
Robin.fox@cityofdenton.com
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Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Jane RichardsonSent: 4/5/2016 2:29:38 PM
jane.richardson@cityofdenton.comViewed: 4/7/2016 6:50:25 AM
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ID:
Jennifer BridgesSent: 4/22/2016 12:01:29 PM
jennifer.bridges@cityofdenton.comViewed: 4/27/2016 7:33:09 AM
Procurement Assistant
City of Denton
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P.S. AroraSent: 4/22/2016 12:01:31 PM
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Jane RichardsonSent: 4/22/2016 12:01:34 PM
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Electronic Record and Signature Disclosure
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DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
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DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HAZEN AND SAWYER, P.C.
\[RFQ NO. 5768\]
THIS SECOND AMENDMENT TO CONTRACT 5768 by and
between the City of Denton, and Hazen and Sawyer, P.C. Contractor);
Hickory Creek Peak Flow Detention Facility as is contained in Contract #5768 (on file in
the Purchasing Office). The initial agreement for the Basic Services (Exhibit A), was
approved on July 21, 2015, in the not-to-exceed amount of $427,368.
The CITY deems it necessary to further expand the goods/services provided by
CONTRACTOR to the CITY;
NOW THEREFORE,
Section 2 Compensationis modified to include Exhibit B. This modification
includes Design of the Hickory Creek Lift Station for the Hickory Creek
Detention Facility in the amount of $192,239 with a revised not-to-exceed total
of $732,365.
All other provisions of the contract 5768, as heretofore amended, remain in full force and
effect.
IN WITNESS WHEREOF, the CITY and the CONTRACTOR, have each executed
this Amendment electronically, by and through their respective duly authorized
representatives and officers on this date
_________________________.
RFQ 5768 Amendment #2 Page 1 of 2
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: __________________________________
HOWARD MARTIN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ___________________________________
CONTRACTOR
HAZEN AND SAWYER, P.C.
By: _________________________________
AUTHORIZED SIGNATURE, TITLE
RFQ 5768 Amendment #2 Page 2 of 2
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
EXHIBIT B
HazenandSawyer
82350NorthCentralExpressway,Suite775
DallasTX75206•214.382.5750
December28,2016
P.S.Arora,PE
GeneralManagerofWastewaterUtilities
CityofDenton
901ATexasStreet
Denton,TX76209
XXXXXXXX
Re:AttachmentA,Contact5768AmendedScopeofWork–HickoryCreekPeakFlowDetention
FacilityDrilledPierDesign,RoadStakingandHickoryCreekLiftStationReplacement
DearMr.Arora:
ThisdocumentprovidesdetailsandassumptionsforthescopeofservicestobeamendedtoContract5768
includingthedesignofdrilledpiersandroadstakingfortheHickoryCreekDetentionFacilityanddesign
oftheHickoryCreekLiftStationReplacement.
:
BackgroundandOverview
AdditionalservicesarerequiredaspartofthedesignfortheHickoryCreekDetentionFacilityincluding
thedesignofadrilledpierfoundationsystemduetothefindingsofthegeotechnicalinvestigation.The
stakingoftheproposedroadalignmenttobeconstructedbytheCitywasalsorequestedaspartofthe
contract.
TheCityofDenton(City)requestedHazenandSawyer(Hazen)todesignanewpumpstationtoreplace
theexistingHickoryCreekLiftStation.HazenwillincludethefollowingfeatureswiththeHickory
CreekLiftStationReplacementProject:
Yardpiping–redirectincominggravitylinestothenewliftstationandinstallanewforce
mainfromtheliftstationtotheexistingforcemain.
Designnewwetwellstructuretoincludeaprefabricatedcircularwetwellmadeoutofeither
modularprecastpoly-concreteorfiberglassreinforcedplasticapproximately16-footdiameter
and35-feetdeepwithaprecasttopandaccesshatchesformaintenance.
Performgeotechnicalinvestigationincluding1boringintheareaproposedforthenewwet
well.
Processmechanicalimprovementsinclude:
o Isolationoftheexistingliftstationanddivertinggravityflowlinestothenewlift
station.Modificationofexistingbuildinganddemolition/decommissioningofthe
stationisnotconsideredaspartofthisscope.
o Installationofthreenewsubmersiblesolidshandlingstylepumps–twodutyandone
standby,capableofpumping4to8-MGDeachatapproximately172-fttotaldynamic
head(380-400Hp).
o Designnewdischargepipingandvalves.Valvesincludeataminimum:discharge
isolationplugvalves,dischargecheckvalvesandsurgeprotectionvalve.
hazenandsawyer.com
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
EXHIBIT B
P.S.Arora,PE
December28,2016
Electrical:
o Maintainexistingelectricalservicetotheexistingbuildingforlightingandventilation
loads.
o Coordinatewithservingelectricutilityforanewservicetoanewprefabricated
electricalbuilding(Powercenter)completewithnewelectricalpowerdistributionand
controlequipmentforthenewliftstation.
o EvaluatereliabilityofnewservicetomeettheTCEQ217.
o Designnewelectricalpowerdistributionsystemforthenewliftstation.
o ProvideconnectionfortheCity’sportablegenerator.
o Designthenewmotorcontrolsystemforthethreenewpumps.Atleasttwopumpswill
becontrolledbyvariablefrequencydrives(VFDs).Controlforthethirdpumpwillbe
decidedduringdesignbasedontheinitialharmonicsevaluationandcostforthe
additionalVFDversusaconstantspeedstarter.VFDswillbeprovidedwithbypass
starterstocontrolthepumpsintheeventofaVFDfailure.
o Designlightingsystemsfornewpumpstationandnecessarysitelighting.
o Theelectricaldistributionsystemforthenewliftstationwillbedesignedincompliance
withNFPA820:StandardforFireProtectioninWastewaterTreatmentandCollection
Facilities.
o PerforminitialharmonicstudytodeterminethetypeofVFDstobespecified,andto
determineifotherharmonicmitigationmeasureswillberequiredtomeetIEEE519.
InstrumentationandControlimprovementsinclude:
o Fieldinstrumentsincludingwetwelllevelsensor,pumppressureswitchesandnew
flowmeteronforcemain.
o UseexistingSCADApackasRTUandassociatedradioequipment.
ProjectScope
Task100:InvestigationandPreliminaryEngineeringServices
Subtask106:HCLSPreliminaryEngineering(30%Design)
ENGINEERwillperformthenecessarydesigncalculations,agencycoordination,developmentofplans,
basisofdesigndocumentationandcostestimationinaccordancewithapplicableFederal,Stateandlocal
regulationsinadditiontotheCity’sdesignstandards.Thelevelofdetailwillconformtoindustry
standardsfora30%leveldesigndetailedbelow.Thepreparationofapreliminaryengineeringreportis
notincludedaspartofthistask.
TheCitywillprovide,ataminimum,thefollowinginformation:
RelevantrecorddrawingsinPDF(AutoCADbasefilesarenotavailable)fortheHCLS,
incominginterceptorsanforcemain
Drawingandphysicalinformationfortheforcemainalignmentchangesandairreleasevalve
information
Page2of8
hazenandsawyer.com
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
P.S.Arora,PE
EXHIBIT B
December28,2016
RelevantCitydesignstandardsanddetails
Subtaskactivitieswillinclude:
Performdisciplinedesignbasisevaluationandcalculationstoincludethefollowingareas
(summaryanddecisionsrelatetotheconceptswillbedocumentedinmeetingslidesand
minutes):
o Civil–YardPiping
Summarizetheplanforre-directingincominggravitylinestothenewliftstation
(thecurrentintentisnottousetheexistingwetwellasajunctionboxtocollect
andre-directflowtothenewliftstation)
Summarizeconceptfornewforcemainadditions
Surveyofexistingsite
o Structural
Summarizeprefabricationoptionadvantages,disadvantages,relativecost–
fiberglassreinforceplasticversuspoly-concrete
o ProcessMechanical
Surgecalculationsbasedonproposeforcemainroute
Passiveodorcontrol(carbonadsorber)
o Electrical
Initiatecontactwiththeservingelectricalutilityandidentifynewutilityservice
requirements
PerformharmonicsevaluationandproviderecommendationsforVFDtypebased
oninitialresults.
DefineapproachtomotorcontrolsregardingtheuseofVFDsandconstantspeed
starters.
Defineapproachtolightingsystem.
Definepreferredelectricalequipmentmanufacturers.
NFPA820designanalysis.
o InstrumentationandControl
IdentifyanddefinetheSCADAsystemprocurementandcontractinterface.
PreliminarylistofpointstobemonitoredbytheSCADAsystem.
Pump/Motorvalveoperationandcontroldefinition.
Developaconstructionsequenceplantokeepthepumpstationoperationalduringconstruction
Preparingthe30%designdrawingswhichwillcontainthefollowing:
GeneralSheets.
Civil–existingsiteplan,proposedsiteplan
Structural–facilityplansandprimarysections
Mechanical–facilityplansandprimarysections
Electrical–legendandgeneralnotes,overallsinglelinediagram,siteplan,area
classificationplans,preliminaryelectricalbuilding(Powercenter)layout
Instrumentation–symbolsanddiagrams,processandinstrumentationdiagramand
functionalcontroldescriptions
Prepare30%technicalspecificationlist,pumpspecificationandpipingschedule
PrepareAACEClass1OpinionofProbableConstructionCostsbasedon30%leveldesign.
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hazenandsawyer.com
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
P.S.Arora,PE
EXHIBIT B
December28,2016
Obtainstandardfront-enddocumentsfromtheCityandbegincoordinationwithoverallproject.
Conductaninternalmilestonequalitycontrolreview.
Reviewthe30%designpackagewiththeclientinaworkshopformattoobtaincomments.
Meetings:
One,2-hourkickoffmeetingtopresent,reviewdesignconceptsandcoordination
One,1-hourprogressandcoordinationmeetingisassumed.
One,2-hour30%designsubmittalreviewandCitycommentworkshop.
Deliverables:
Oneelectronic(.PDFformat)copyandthreehardcopiesofthe30%plansandspecifications.
Oneelectronic(.PDFformat)copyofthemeetingminutesfromthedesignreviewworkshop,
actionitemlogand,clientreviewcommentlogfortheCity’srecords.
Task200:DetailedDesignandBidPhaseServices
Subtask205:HickoryCreekDetentionFacilityAdditionalServices
ThistaskincludesthedesignofadrilledpierfoundationsystemfortheHickoryCreekDetentionFacility
storagetankbasedonthefindingsfromthegeotechnicalinvestigation.Inaddition,theCityrequested
stakingoftheproposedaccessdrivewaytobeconstructedbytheCity.Additionalsubtaskactivities
include:
Designoffoundationsupportpiles
Detailsforthefoundationsystem
Three(3)structuralsheetsforthepileplanandfoundationsectionanddetails
Meetings:None
Deliverables:
Three(3)additionalstructuralsheetsaspartofthedesignpackage
RoadstakingflagsinstalledonHickoryCreekDetentionFacilitysite
Subtask206:HCLS90-PercentDesign
ENGINEERwillperformnecessarydesigncalculations,agencycoordination,specificationdevelopment,
manufacturercoordinationandcostestimationinaccordancewithapplicableFederal,Stateandlocal
regulationsinadditiontotheCity’sdesignstandards.Thelevelofdetailwillconformtoindustry
standardsfora90%leveldesigndetailedbelow.
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hazenandsawyer.com
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
P.S.Arora,PE
EXHIBIT B
December28,2016
Subtaskactivitieswillinclude
IncorporatingCity’s30%comments
Preparingthe90%designdrawingswhichcomplywithapplicableFederal,StateandLocal
regulationsandtheCity’sStandards.All30%drawingsdevelopedtoa90%designlevel.The
contentofthesetinadditionto30%designincludes:
Civil–contractorstagingarea,laydownareas,andotherpertinentprojectspecificdetails
Structural–facilitysections,specialinspectionrequirements,wallsections,finishschedules,
andprojectspecificdetails
Mechanical–Developadditionalmechanicaldesignon30%contenttoinclude,
miscellaneousdetailannotation,piping,valves,constructionnotes,sequenceofwork,
elevations,etc.Additionalplansandsectionswillbeaddedasnecessarytoclarifydesign
intent.
Electrical–ductbankroutingandtables,controlschematics,conduitandwireschedules
andprojectspecificdetails.
Instrumentation–projectspecificdetails,updatedfunctionalcontroldescriptions,RTU
requirements.
Prepare90%technicalspecificationsforalldisciplinesincludingbiddingandcontract
requirementsandexistinginfrastructuretieinrequirements.
PrepareAACEClass1OpinionofProbableConstructionCostsbasedon90%leveldesign.
Coordinatefront-enddocumentsfromtheCity.
Conductaninternalmilestonequalitycontrolreview.
Performa90%internalinterdisciplinarycoordinationworkshop.
Reviewthe90%designpackagewiththeclientinaworkshopformattoobtaincomments.
Meetings:
One,1-hourprogressandcoordinationmeetingisassumed.
One,2-hour90%designsubmittalreviewworkshop.
Deliverables:
Oneelectronic(.PDFformat)copyandthreehardcopiesofthe90%plansandspecifications.
Oneelectronic(.PDFformat)copyofthemeetingminutesfromthedesignreviewworkshop,
actionitemlogand,clientreviewcommentlogfortheCity’srecords.
Subtask207:HCLS100-Percent/BidSet
ENGINEERwilldevelopbidreadyconstructiondocumentssetincludingdrawings,technical
specificationsandanAACEClass1OpinionofProbableConstructionCostestimate.
Subtaskactivitieswillinclude:
IncorporatingtheCity’s90%reviewcomments.
Preparingthebidreadydesigndrawingsusingthe90%documents.
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hazenandsawyer.com
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
EXHIBIT B
P.S.Arora,PE
December28,2016
Preparebidreadytechnicalspecificationsforalldisciplinesincludingfinalbiddingandcontract
requirements.
PrepareAACEClass1OpinionofProbableConstructionCostsbasedonbidleveldesign.
Conductaninternalmilestonequalitycontrolreview.
Finalizefront-enddocumentswiththeCity.
SubmissionofbidsettoTCEQforreview.
Meetings:
None.
Deliverables:
Oneelectronic(.PDFformat)copyoffullsizeandhalfsizedrawings.
Onehardcopyofhalfsizedrawingsandtechnicalspecification.Thehardcopysetwillbe
submittedunboundforeasyreproductionbytheCity.
Oneelectronic(.PDFformat)copyoftheactionitemlog,andclientreviewcommentlogand
fortheCity’srecords.
Subtask208:HCLSBidPhase
TheENGINEERwillprovidebidphaseservicesincludingattendingthepre-bidmeeting,answering
contractorquestionsandinquiriesthroughwrittenaddenda,reviewingthebidsubmissionsandproviding
anyadditionalrecommendationsrequiredbytheCity.
Assumptions:
TheCitywillprovideelectronicandhardcopybiddocumentstoallinterestedbidders.
TheCitywillreceiveallquestionsandinquiriesfromcontractorsinwritingandprovidethemto
theENGINEERforresponse.
ENGINEERwillkeeprecordonquestionsandinquiriestobeaddressedfromthepre-bid
meeting.
ENGINEERwillpreparealladdendaandprovideelectroniccopiesfortheCitytoissueto
bidders.
ENGINEERwillpreparetheconformeddocumentsafterbidphaseiscompleted.
ENGINEERwillnotprovidehardcopybidsetdrawingsorspecificationtobidders.
ENGINEERwillprovidehardcopyconformedsetofhalfsizeandfullsizedrawingsand
specificationstotheCityunboundforeasyreproductionbytheCity.
Meetings:
One,2-hourpre-bidmeeting.
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hazenandsawyer.com
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
P.S.Arora,PE
EXHIBIT B
December28,2016
Deliverables:
Oneelectroniccopy(.PDFformat)ofeachaddendarequiredtoaddressbidderinquiriesand
questions.
Oneelectroniccopy(.PDFformat)ofmeetingminutesfromthepre-bidmeetingfortheCity’s
records.
ConformedDrawings–oneelectroniccopy(.PDFformat),onefullsizehardcopy,onehalfsize
hardcopyandonehardcopyofspecifications;allunboundforreproduction.
Task200Exemptions:
Inanefforttoclearlydefineeffortsthatarenotincludedinthisscopeorfee,Hazenhasidentifiedthe
followingexemptions:
Changestothedesigndirectivesdefinedinthebasisofdesign
Additionaltimethatwouldbeencounteredduetostoppages/delaysinthedesignprocessofover
10months
Bypasspumpingcoordinationanddesign
Buildingasurgemodelusingfielddataandperformingcalibrations/scenarios
Hydraulicmodelingofthecollectionsystem
Flowmonitoringintheexistingsewersystemorcreek
Sitebuildingsforelectrical,operations,maintenance,etc.
Restroomfacilitiesincludingsanitarywasteandventilationdesignanddomesticwaterservice
andwaterheatingforthesite
Cleanupofcontaminatedmaterials
Advancedrestorationfeatures
Pedestrianorvehicularbridgesorrailroadcrossing
Alternativeenergydesignincludinggeothermal,solarpanels,hydroelectricpower,wind,etc.
ArcFlashAnalysis(tobeprovidedbycontractoratconstructioncompletionbasedonelectrical
systeminstalled,specificationprovidedtocontractorfordirection)
SCADA/PLCprogramming
Front-enddocumentsotherthanbidproposal,bidform,specialprovisions,andtechnical
specifications
Energycertification/commissioning-LEED,USGBC,EnergyStar,etc.
Utilitycostmodeling
NTCOGandiSWMstormwaterrequirements
Accesspaving
Federal,Stateandlocalpermitting
Schedule
TheproposedprojectscheduleisbasedoncumulativetimeforeachtaskbasedonENGINEERreceiptof
theNoticetoProceed.Projecttimelineassumesaoneweekreviewperiodforalldeliverablesand
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hazenandsawyer.com
DocuSign Envelope ID: 97F73DDC-DABA-4599-9EEE-BED8C4435AFA
P.S.Arora,PE
EXHIBIT B
December28,2016
information/fieldverificationrequeststotheCityinhouseresourcesarereturnedwithintwoweeksof
request.Keyprojectelementsandassociatedtimelineincludethefollowing:
Task/MilestoneMonthsfromNTP:
KickoffMeeting0.5Months
30%DesignSubmission3months
90%DesignSubmission
6months
(assumingtwoweeksforCityreview)
100%DesignSubmission
7months
(assumingtwoweeksforCityreview)
Verytrulyyours
BrandtMiller,PE
ProjectManager
Enclosure:Summaryoffee
cc:ChamindraDassanayake,PhD,PE
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hazenandsawyer.com
Certificate Of Completion
Envelope Id: 97F73DDCDABA45999EEEBED8C4435AFAStatus: Completed
Subject: City Council Docusign Item - 5768
Source Envelope:
Document Pages: 12Signatures: 4Envelope Originator:
Supplemental Document Pages: 0Initials: 0Robyn Forsyth
Certificate Pages: 6
AutoNav: EnabledPayments: 0robyn.forsyth@cityofdenton.com
EnvelopeId Stamping: EnabledIP Address: 129.120.6.150
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Record Tracking
Status: OriginalHolder: Robyn ForsythLocation: DocuSign
1/23/2017 8:30:37 AM robyn.forsyth@cityofdenton.com
Signer EventsSignatureTimestamp
Robyn ForsythSent: 1/23/2017 8:37:10 AM
Completed
robyn.forsyth@cityofdenton.comViewed: 1/23/2017 8:37:21 AM
BuyerSigned: 1/23/2017 8:38:57 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Chamindra DassanayakeSent: 1/23/2017 8:38:59 AM
cdassanayake@hazenandsawyer.comViewed: 1/23/2017 8:39:47 AM
Vice PresidentSigned: 1/23/2017 8:46:10 AM
Security Level: Email, Account Authentication
Using IP Address: 66.196.204.74
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
John KnightSent: 1/23/2017 8:46:13 AM
john.knight@cityofdenton.comViewed: 1/25/2017 8:34:02 AM
Deputy City AttorneySigned: 1/25/2017 8:34:12 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Julia WinkleySent: 1/25/2017 8:34:14 AM
Completed
julia.winkley@cityofdenton.comViewed: 1/25/2017 8:36:09 AM
Contracts Administration SupervisorSigned: 2/8/2017 2:52:41 PM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Signer EventsSignatureTimestamp
Todd HilemanSent: 2/8/2017 2:52:44 PM
todd.hileman@cityofdenton.comViewed: 2/8/2017 4:53:17 PM
Security Level: Email, Account Authentication Signed: 2/8/2017 4:55:45 PM
(Optional)
Using IP Address: 71.170.47.194
Electronic Record and Signature Disclosure:
Accepted: 2/8/2017 4:52:51 PM
ID: 8154723a-9757-4d53-a4b5-794656233671
Jennifer WaltersSent: 2/8/2017 4:55:47 PM
jennifer.walters@cityofdenton.comViewed: 2/9/2017 9:47:43 AM
City SecretarySigned: 2/9/2017 9:48:06 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Julia WinkleySent: 1/23/2017 8:46:11 AM
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Sherri ThurmanSent: 1/23/2017 8:46:12 AM
sherri.thurman@cityofdenton.comViewed: 1/23/2017 8:54:02 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jane RichardsonSent: 2/8/2017 2:52:43 PM
jane.richardson@cityofdenton.comViewed: 2/9/2017 8:44:36 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Robin FoxSent: 2/8/2017 2:52:43 PM
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Carbon Copy EventsStatusTimestamp
Electronic Record and Signature Disclosure:
Accepted: 10/9/2015 11:39:51 AM
ID: 04463961-03db-4c4d-9228-d660d6146ed6
Jennifer BridgesSent: 2/9/2017 9:48:07 AM
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jane RichardsonSent: 2/9/2017 9:48:08 AM
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
PS ARORASent: 2/9/2017 9:48:09 AM
P.S.Arora@cityofdenton.comViewed: 2/9/2017 9:49:51 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Brandt MillerSent: 2/9/2017 9:48:10 AM
bmiller@hazenandsawyer.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Notary EventsTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted2/9/2017 9:48:10 AM
Certified DeliveredSecurity Checked2/9/2017 9:48:10 AM
Signing CompleteSecurity Checked2/9/2017 9:48:10 AM
CompletedSecurity Checked2/9/2017 9:48:10 AM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
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DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
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DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
THIRD AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HAZEN AND SAWYER P.C.
Contract 5768
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS THIRD AMENDMENT TO CONTRACT 5768 (by and
between the City of Denton, and Hazen and Sawyer P.C. Consultant); to
that certain contract executed on July 21, 2015, in the original not-to-exceed amount of
$427,368 April 05, 2016 in the additional amount
of $112,758 aggregating a not-to-exceed amount of $540,126 First
amended on February 07, 2017 in the additional amount of $192,239 aggregating a not-to-
exceed amount of $732,365 (collectively, the Original
Agreement, the First Amendment, and the Second Amendment ) are
for services related to the Hickory Street Basin Peak Flow Detention Facility project.
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an addition
to the design contract in a not-to-exceed amount of $89,905 and construction
administration services in a not-to-exceed amount of $380,544 with this Amendment for
an aggregate not-to-exceed amount of $1,202,814
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by CONSULTANT to the City;
NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the
their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Ex of this Amendment, attached
hereto and incorporated herein for all purposes, for addition to the design contract
and additional construction administration
amendment attached hereto and incorporated herein for all purposes for Hickory
Street Basin Peak Flow Detention Facility Project, are hereby authorized to be
performed by Consultant. For and in consideration of the additional services to be
performed by Consultant, the Owner agrees to pay, based on the cost estimate
including reimbursement for non-labor expenses an amount not to exceed
$470,449.
5768 Contract Amendment # 3 Page 1 of 2
DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
2. This Amendment modifies the Agreement amount to provide an additional
$470,449 for the additional services with a revised aggregate not to exceed total of
$1,202,814.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
Hazen and Sawyer P.C.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: ___________________________
By: AUTHORIZED SIGNATURE, TITLE
_______________________________
TODD HILEMAN, CITY MANAGER ATTEST:
APPROVED AS TO LEGAL FORM:
ATTEST: AARON LEAL, CITY ATTORNEY
ROSA RIOS, CITY SECRETARY
By:
By: _______________________________
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
5768 Contract Amendment # 3 Page 2 of 2
DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
Exhibit'B'
DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
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DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
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DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
DocuSign Envelope ID: 03A7C792-6FC4-48D7-8DB3-B406F1BFAD6A
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Certificate Of Completion
Envelope Id: 03A7C7926FC448D78DB3B406F1BFAD6AStatus: Sent
Subject: Please DocuSign: City Council Contract 5768 Design of Hickory Creek Basin Peak Amendment No. 3
Source Envelope:
Document Pages: 10Signatures: 3Envelope Originator:
Certificate Pages: 6Initials: 1Monisa Rogers
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)Monisa.Rogers@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Monisa RogersLocation: DocuSign
7/16/2019 11:10:09 AM Monisa.Rogers@cityofdenton.com
Signer EventsSignatureTimestamp
Monisa RogersSent: 7/16/2019 11:27:42 AM
Completed
monisa.rogers@cityofdenton.comViewed: 7/16/2019 11:28:00 AM
Senior BuyerSigned: 7/16/2019 11:31:35 AM
Using IP Address: 129.120.6.150
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori HewellSent: 7/16/2019 11:31:37 AM
lori.hewell@cityofdenton.comViewed: 7/16/2019 2:39:26 PM
Purchasing ManagerSigned: 7/16/2019 2:40:07 PM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack ReinwandSent: 7/16/2019 2:40:09 PM
Completed
mack.reinwand@cityofdenton.comViewed: 7/25/2019 11:58:48 AM
City of DentonSigned: 7/25/2019 12:01:29 PM
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chamindra DassanayakeSent: 7/25/2019 12:01:31 PM
cdassanayake@hazenandsawyer.comResent: 7/26/2019 9:26:52 AM
Vice PresidentViewed: 7/26/2019 9:50:19 AM
Hazen and SawyerSigned: 7/26/2019 9:51:33 AM
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 66.196.204.74
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/26/2019 9:50:19 AM
ID: 9031855f-130d-45c8-a05a-03086c8c7454
Signer EventsSignatureTimestamp
Frank PugsleySent: 7/26/2019 9:51:35 AM
frank.pugsley@cityofdenton.comResent: 7/29/2019 2:16:11 PM
Water Utilities DirectorViewed: 7/29/2019 2:19:31 PM
Security Level: Email, Account Authentication Signed: 7/29/2019 2:19:59 PM
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Accepted: 7/29/2019 2:19:31 PM
ID: 27d2f2dd-04ba-45a0-afdb-8ba7a96a5194
Cheyenne DefeeSent: 7/29/2019 2:20:02 PM
cheyenne.defee@cityofdenton.com
Paralegal
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Cheyenne DefeeSent: 7/16/2019 11:31:37 AM
cheyenne.defee@cityofdenton.com
Paralegal
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sherri ThurmanSent: 7/16/2019 11:31:38 AM
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Carbon Copy EventsStatusTimestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
P.S. Arora
P.S.Arora@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness EventsSignatureTimestamp
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted7/29/2019 2:20:02 PM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1831,Version:1
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, calling an election to be
held on November 5, 2019, within said city on the question of the issuance of $221,519,000 in ad valorem tax
supported public securities for streets, public safety, parks, and public art; making provision for the conduct of
the election; and containing other provisions incidental thereto; and declaring an effective date.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Office
CFO: Antonio Puente, Jr
DATE: August 13, 2019
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, calling an election to
be held on November 5, 2019, within said city on the question of the issuance of $221,519,000 in ad valorem
tax supported public securities for streets, public safety, parks, and public art; making provision for the
conduct of the election; and containing other provisions incidental thereto; and declaring an effective date.
BACKGROUND
City Council approved a resolution establishing the Special Citizens Bond Advisory Committee on April
Consider the previously presented projects in the bond program:
o Public safety facilities
o Major roadway projects
o Local streets improvements
o Streetlights
o Sidewalks
o Parks and Open Space
The Committee met eight times beginning May 30 to review project information from staff and formulate
their recommendation to the City Council. At their July 25 meeting, the Committee made recommendations
of projects, total funding amounts, and public art inclusion in the 2019 bond program. After voting on each
project separately, the Committee unanimously approved a recommendation. At the August 1, 2019 work
provided further direction on the
proposed 2019 bond program.
Proposed Bond Program
Proposition Bond Cost
Public Safety Facilities Proposition $ 61,900,000
Streets Improvements Proposition $ 154,000,000
Parks Land Acquisition Proposition $ 5,000,000
Public Art $ 619,000
Proposed Bond Program $ 221,519,000
This ordinance would call an election for November 5, 2019 with early voting beginning in October.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Proposed Projects
Exhibit 3 Ordinance
Respectfully submitted:
David Gaines
Director of Finance
Proposed 2019 Bond
Project
Funding
Proposition A: Streets Improvements
Bonnie Brae (V, VI, VII) $ 27,000,000
Hickory Creek $ 34,000,000
Street Rehab Program $ 70,000,000
Sidewalks $ 12,000,000
Street Lighting $ 7,000,000
Ryan Road $ 4,000,000
Proposition Total $ 154,000,000
Proposition B: Public Safety Facilities
Police Station Renovation Project $ 36,000,000
PD Substation Project $ 21,000,000
Police Firing Range $ 4,900,000
Proposition Total $ 61,900,000
Proposition C: Land Acquisition for Parks
Land Acquisition for Parks $ 5,000,000
Proposition Total $ 5,000,000
Proposition D: Public Art
Public Art (1% Vertical Construction) $ 619,000
Proposition Total $ 619,000
Total Bond Program $ 221,519,000
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 19-1765,Version:1
AGENDA CAPTION
Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:BoardofEthics,
CommitteeonPersonswithDisabilities,Health&BuildingStandardsCommission,HistoricLandmark
Commission,Parks,Recreation&BeautificationBoard,Planning&ZoningCommission,PublicArt
Committee, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment.
City of DentonPage 1 of 1Printed on 8/9/2019
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Office
ACM: Sara Hensley
DATE: August 20, 2019
SUBJECT
Board of Ethics,
Committee on Persons with Disabilities, Health & Building Standards Commission, Historic Landmark
Commission, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art
Committee, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment.
BACKGROUND
On June 16, 2019, the 2019 Boards & Commissions Screening & Appointment Process was presented and
discussed with the City Council. This item is the first step in appointing members for 2019 under the new
process.
Exhibit 2 includes those seats for the above-noted Boards, Commissions, and Committees for whom
nominations have been received, nominees fully vetted and found to meet all necessary qualifications to
serve on the respective board/commission/committee. As previously discussed, only those nominees who
have been fully vetted and qualified will be presented for appointment.
This is not a complete listing of nominees as the vetting is still in progress for some.
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Nominations Sheet
Respectfully submitted:
Rosa Rios
City Secretary
BOARDS & COMMISSIONS - NOMINATIONS LIST
AUGUST 20, 2019
STATUS &
COUNCIL NOMINATING MEMBER MEMBER
BOARD/COMMITTEE/COMMISSION
PRESENT TERMNEW TERMQUALIFICATION OR
PLACECCMFIRST NAMELAST NAME
PREFERENCE, IF ANY
September 1, 2019
Reappointment
Board of Ethics2BriggsLaraTomlin2018-2019
through
(Pref.: 1/Attorney\]
August 30, 2021
September 1, 2019
Reappointment
Board of Ethics4RyanBradshaw
Charla2018-2019 - Unthrough
(Pref.: 1/Attorney\]
August 30, 2021
UNEXPIRED
September 1, 2018New
Committee on Persons with Disabilities3Rivas
DavisJoeN/A
through(Qualif.: Dist. 3 Resident\]
August 30, 2020
UNEXPIRED
September 1, 2017
through
August 30, 2019New
Health & Building Standards Commission3DavisMatthewJendusaN/A
&(Qualif.: 6/Other)
September 1, 2019
through
August 30, 2021
July 1, 2019
ArmintorNew
Health & Building Standards Commission5Mitchell
TorreyN/Athrough
\[Orig. - Gregory\](Qualif.: 6/Other)
June 30, 2021
July 1, 2019
Reappointment
Health & Building Standards Commission7WattsCain
Ginger2017-2019through
(Qualif.: 4/Real Estate)
June 30, 2021
September 1, 2019
Reappointment
Historic Landmark Commission3Anderson
DavisMary2017-2019 - Unthrough
(Qualif.: 3/Owner Real P.)
August 30, 2021
September 1, 2019
Reappointment
Historic Landmark Commission4RyanAnderson
Roy2017-2019through
(Qualif.: 5/Accountant)
August 30, 2021
September 1, 2019
ArmintorNew
Historic Landmark Commission5LinnieMcAdamsN/Athrough
\[Orig. - Gregory\](Qualif.: 3/Owner Real P.)
August 30, 2021
September 1, 2019
MeltzerNew
Historic Landmark Commission6Stone
EvanN/Athrough
\[Orig. - Bagheri\]\[Qualif.: 2/DC Bar Assoc.)
August 30, 2021
September 1, 2019
Armintor
Library Board5Orozco
MyrnaN/AthroughNew
\[Orig. - Gregory\]
August 30, 2021
September 1, 2019
Parks, Recreation and Beautification Board1HudspethLee
DenonaN/AthroughNew
August 30, 2021
September 1, 2019
Planning & Zoning Commission 1HudspethAnderson
RonnieN/AthroughNew
August 30, 2021
September 1, 2019
Planning and Zoning Commission 4RyanRozell
Andrew2017-2019throughReappointment
August 30, 2021
September 1, 2019
Public Art Committee1HudspethFranklin
Monet 2017-2019throughReappointment
August 30, 2021
September 1, 2019
Public Utilities Board1Parker
HudspethCharlesN/AthroughNew
August 30, 2023
UNEXPIRED
September 1, 2016
Public Utilities Board3Bafford
DavisRussellN/ANew
through
August 30, 2020
UNEXPIRED
September 1, 2015
through
August 30, 2019
Public Utilities Board7WattsBarbaraRussellN/ANew
&
September 1, 2019
through
August 30, 2023
UNEXPIRED
September 1, 2015
through
August 30, 2019
Public Utilities Board2BriggsEdSophN/ANew
&
September 1, 2019
through
August 30, 2023
September 1, 2019
Traffic Safety Commission4RyanOwen
Jim 2017-2019throughReappointment
August 30, 2021
September 1, 2019
Traffic Safety Commission7WattsBaker
ConnieN/AthroughNew
August 30, 2021
September 1, 2019
ALL-ALT. 1
Njoku
Zoning Board of Adjustment - AlternateArmintorPrincewillN/AthroughNew
\[5\]
August 30, 2021