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HomeMy WebLinkAboutSeptember 22, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL September 22, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Tuesday, September 22, 2009 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Requests for clarification of agenda items listed on the agenda for September 22, 2009. 2. Receive a report, hold a discussion and give staff direction regarding 2009-2012 Police and Fire Meet and Confer Agreements. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. CLOSED MEETING 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. B. Consultation with Attorneys -Under Texas Government Code Section 551.071 and Texas Local Government Code 142.113(b). 1. Consultation with the City Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A private caucus on this topic is specifically authorized by Texas Local Government Code 142.113 (b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communication with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Agenda September 22, 2009 Page 2 C. Consultation with Attorneys -Under Texas Government Code Section 551.071 1. Meet with City's attorneys to discuss status, including possible settlement, of pending litigation styled Thomas Martinez v. City of Denton, Cause No. 2007-60044-393, currently pending in the 393rd District Court of Denton County. D. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly 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. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE . (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 22, 2009 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING City of Denton City Council Agenda September 22, 2009 Page 3 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. BUDGET ITEMS FOR CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2009, on all taxable property within the corporate limits of the City on January 1, 2009, and adopting a tax rate for 2009; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2009 tax rolls; and providing an effective date. C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2009-10 Annual Program of Services (Budget) and the first year of the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2009, and ending on September 3 0, 2010; and declaring an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2009-10 Annual Program of Services (Budget) for the fiscal year beginning October 1, 2009, and ending on September 30, 2010 when the Budget will raise more revenue from property taxes than last year's budget; and providing an effective date. 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - W). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - W below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda September 22, 2009 Page 4 A. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2008-211 for Electric Service; deleting Energysave Program (Schedule EP); incorporating Ordinance No. 2008- 301 to add and amend Greensense Energy Efficiency Rebate Program (Schedule GRP) and amend Distributed Generation from Renewable Sources Rider (Schedule DGR); deleting Special Event Service (Schedule SE); providing for a repealer; providing for a severability clause; and providing for an effective date. B. Consider adoption of an ordinance amending the Schedule of Water Rates contained in Ordinance No. 2008-212 for water service rates and water rates; amending Wholesale Raw Water Service Rate to Upper Trinity Regional Water District (WRW); the Wholesale Raw Water Pass-Through Rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); amending several water tap and meter fees; providing for a repealer; providing for a severability clause; and providing for an effective date. C. Consider adoption of an ordinance amending the schedule of Wastewater Rates contained in Ordinance No. 2008-213; providing for a repealer; providing for a severability clause; and providing for an effective date. D. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for Solid Waste Service contained in Ordinance No. 2008-214 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to city of Denton Solid Waste Service; providing for the establishment of no parking zone fees (Schedule SWC); a change in the construction and demolition uncompacted materials cubic yardage rate (Schedule SWC&D); the addition of a construction and demolition processing rate (Schedule SWC&D); an increase from 4% to 5% of gross revenues due the Solid Waste Department for businesses providing collection and transportation services within the City limits of Denton (Schedule SWP); the addition of 5% of gross revenues due the Solid Waste department for `small operators' (Schedule SWP); and redefining the fire sizes for the whole fire rates charged (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. E. Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No. 2008-216; adding a new customer application charge; amending Section 26-3 of the Code of Ordinances regarding residential service deposits; providing for a repealer; providing for a severability clause; and providing for an effective date. F. Consider adoption of an ordinance amending the schedule of Engineering Fees contained in Ordinance No. 2008-215: providing for a repealer; providing for a severability clause; and providing for an effective date. City of Denton City Council Agenda September 22, 2009 Page 5 G. Consider adoption of an ordinance amending Section 22-38 of Chapter 22 (Parks and Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility and program fees by adopting a Schedule of Fees; repealing all fees in conflict with such schedule; repealing Ordinance No.2007-267 and all ordinances in conflict with the new Schedule of Fees; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a grant agreement for one hundred sixty-two thousand seven hundred and ten dollars ($162,710.00) from the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to implement the program; and providing for an effective date. I. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4364-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $92,775.39). J. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards Oneworld)) from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4365- Purchase of Annual Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $1 O 1,183.24). K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Interactive Voice Response and Outage Management System and associated software modules for Denton Municipal Electric (DME) utility available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4366-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $56,564.00). L. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4369-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $188,482.61). City of Denton City Council Agenda September 22, 2009 Page 6 M. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and 3 G (third-generation) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing the expenditure of funds therefor; and providing an effective date (File 4370-Purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE), and 3 G (third-generation) awarded to AT&T Mobility in the amount of $122,279.88). N. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association, and providing an effective date. 0. Consider adoption of an ordinance authorizing assignment pay for Police Department employees assigned to perform specialized functions of Field Training Officer and officers assigned to the Tactical Team of the Police Department, authorizing assignment pay for Police Department employees on a callout list approved by the Department head who are assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, officers who are Canine Officers, and officers who are Hostage Negotiators of the Police Department, and providing an effective date. P. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. Q. Consider adoption of an ordinance of the city of Denton, Texas repealing Ordinance No. 2009-088 and authorizing Assignment Pay for Fire Department employees in the classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of Training Chief, Emergency Medical Services Chief and Resource Management Chief, Captain-Logistics/Maintenance Officer, Captain-Training Officer, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist I, Fire Inspector Specialist II, Emergency Management Program Manager and Fire Recruitment Management Analyst who are assigned to perform assigned functions on a forty-hour work week in the Fire Department and providing an effective date. R. Consider adoption of an ordinance of the City of Denton, Texas, authorizing contribution to the Denton Firemen's Relief and Retirement Fund by the City; and establishing an effective date. S. Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2006-293, prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of fire fighter; providing a repealer clause; and declaring an effective date. City of Denton City Council Agenda September 22, 2009 Page 7 T. Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce; and providing an effective date. U. Consider adoption of an ordinance of the city of Denton, Texas amending Chapter 25 of the Code of Ordinances by amending Section 25-158 to add the City of Denton Parks and Recreation Department as seller; amending Section 25- 159 to add payments to be made prior to interment; amending Section 25-160 to add a late fee for failing to obtain a permit prior to burial and to specify on permit location of grave site; amending Section 25-161 to add a late fee for failing to obtain a permit before erecting monuments or tombstones or performing concrete work in the city cemeteries; amending Section 25-164 to clarify monument specification, add authority to inspect and remove monuments not in compliance and require the placement of temporary grave markers prior to monument placing; amending Section 25-165 to clarify direction of lettering on monuments; amending Section 25-166 to clarify direction of lettering on monuments; amending Section 25-168 to require removal of arrangements within 72 hours of placement, authority to remove wilted or unsightly flowers, to require flowers to be affixed to mounted containers, to specify approved containers and to provide authority to remove memorabilia not placed in affixed containers; amending Section 25-171 titled removing flowers to add removal of flowers for cemetery development or maintenance; providing for a severability clause; amending Section 25-172 to change the title from city health officer to county medical director; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. V. Consider approval of an ordinance amending Ordinance Number 2003-268 of the Code of Ordinances of the City of Denton, Texas, relating City of Denton fees to be charged at I.O.O.F and Oakwood cemeteries by adopting the schedule of fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2003- 268 and all ordinances in conflict with the schedule of fees; and providing an effective date. W. Consider adoption of an ordinance terminating that certain airport lease dated June 21, 2005 by and between the City of Denton, Texas and NTDenton Leasing, Inc for the property known as 4600 Spartan Drive; authorizing the City Attorney or her designee to take appropriate action to effectuate the termination; and, providing an effective date. The Airport Advisory Board recommends approval (6-0). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) City of Denton City Council Agenda September 22, 2009 Page 8 B. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approving a Specific Use Permit to allow for gas well drilling and production on property on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0006) The Planning and Zoning Commission recommends approval (4-0). (Tabled from July 21, 2009) C. Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to expand the scope of activities and extend the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, and as extended and expanded on September 15, 2009 in favor of the Denton County Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activity as described in Attachment "A" hereto; and providing and effective date. D. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2009 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECONMINICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2009-2012 Police and Fire Meet and Confer Agreements. BACKGROUND House Bills 304 and 2892 granted certain municipalities the option to meet and confer with fire and/or police associations and became effective in September 2005. While the bills do not require the City or the fire and/or police association to engage in a meet and confer process, it gives the legislative authority for the parties to discuss topics such as salaries, benefits, hiring, discipline, and other conditions of employment that are governed by the civil service provision of the Texas Local Government Code. In October 2005, the Denton Fire Fighters Association petitioned the City Council to act as the sole and exclusive bargaining agent for non-exempt employees of the Denton Fire Department. The City entered into meet and confer negotiations with the Denton Fire Fighters Association following a Council resolution recognizing the Fire Fighters Association as the exclusive bargaining agent for meet and confer on November 15, 2005. On September 26, 2006, Council adopted an ordinance approving a three (3) year Meet and Confer Agreement, as ratified by the Denton Fire Fighters Association. In November 2005, the Denton Police Officers Association petitioned the City Council to act as the sole and exclusive bargaining agent for non-exempt employees of the Denton Police Department. The City entered into meet and confer negotiations with the Denton Police Officers Association following a Council resolution recognizing the Police Officers Association as the exclusive bargaining agent for meet and confer on December 13, 2005. On September 26, 2006, Council adopted an ordinance approving a three (3) year Meet and Confer Agreement, as ratified by the Denton Police Officers Association. The current Agreements will expire on September 30, 2009. Consequently, in June 2009, management representatives began meeting separately with the Denton Fire Fighters Association and the Denton Police Officers Association to re-negotiate the respective agreements. The Management Team and both associations were successful in developing a new three (3) year agreement (2009-2012). While both agreements are different for each Agenda Information Sheet September 22, 2009 Page 2 association, they contain some common elements. For example, both have articles that deal with the hiring and promotion process, though the processes are different for each. Another common element is the articles on compensation. As it relates to employee compensation, both agreements have essentially the same terms. You may recall that, in addition to maintaining step increases, the previous agreements established base pay for police and firefighters based on a market average plus 5%. The 2009 agreements still maintain this goal, but also include some recognition of the financial limitations facing the City during the next few years. As such, both agreements include language that establish the market based approach as explained above, but also include language that proposed increases may be limited to the average base pay percentage increase for non- civil service employees, as approved by the City Council in the annual budget. This will provide the opportunity for equal application of compensation increases for all city employees, should the City face financial limitations during the terms of this agreement. The agreements do not include any new pay steps, but maintain the current pay step structure. Both Agreements will take effect October 1, 2009. Copies of the proposed Agreements and a matrix that summarizes the articles of each agreement are attached. The Council is scheduled to consider approval of each agreement by separate action at the September 22, 2009 City Council meeting. PRIOR ACTION/REVIEW The City Council met with staff regarding the legal aspects of the meet and confer process at the following closed session meetings: 1. June 2, 2009 (initial overview briefing of management topics for discussion) 2. August 18, 2009 Denton Police Officers Association held a ratification vote for approval of the agreement the week of September 14-18, 2009. Out of 147 ballots, 147 ballots were returned. The agreement was approved with 139 votes in favor of the agreement and 8 votes against the agreement. The Denton Fire Fighters Association is expected to hold a ratification vote for approval of the agreement the week of September 14-18, 2009. At the time the attached information was sent to Council Members, staff did not have the vote tallies. Staff will communicate the vote to Council Members, if available, during the September 22 City Council Work Session. Agenda Information Sheet September 22, 2009 Page 3 FISCAL INFORMATION Components of the agreements that require financial resources such as additional assignment pay and court pay for the Police Department ($60,000), and increases in the city's contribution to the Fire Pension fund to match TMRS ($146,000) are included in the FY 2009-10 budget. EXHIBITS 1. Fire Meet and Confer Agreement Summary Matrix 2. Police Meet and Confer Agreement Summary Matrix 3. Fire Meet and Confer 2009-2012 Agreement 4. Police Meet and Confer 2009-2012 Agreement Respectfully Submitted: r i. 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c~ • r., ~ ~GQ U 4~ O O ~ ~ ~ 4~ . ~ ~ ~ ~ ~ ~ ' ~ ~ ~ 4~ f--{ ~ O ~ 0 ~ ~ 4~ ~ ~ ~ ~ O ~ N •N ~ O ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ a~ ~ o v~ ~ ~ ~ ~ ~ V 0 o o ~ ~ o 0~ ~ ~ o ~ N ~ ~ n ~ 0 ~ 0 ~ ~ ~ O ~ ~ ~ a 0 ~ ti ~ ~ ~ o ~ ~ coo .ti ~ ~ ~ p a~ ~ ~ ~ ~ ~ ~ ~ U a ~ o ago ~ ~ ~ ~ a ~ ~ a ~ ~ ~ ~ ~A ~ ~ ~ v ~ a Meet and Confer Agreement Between The City of Denton and Denton Fire Fighters Association, IAFF Local 1291 Fiscal Years 2009-2010; 2010-2011 and 2011-2012 TABLE OF CONTENTS Definitions l Article 1-Recognition ....................................................................................................................2 Article 2 -Transition for Certain Civil Service and Appointed Positions .....................................3 Article 3 -Labor/Management Relations ......................................................................................11 Article 4 -Hiring Process ..............................................................................................................12 Article 5 -Promotions ...................................................................................................................17 Article 6 -Nepotism ......................................................................................................................20 Article 7 -Safety and Health .........................................................................................................21 Article 8 -Discipline .....................................................................................................................22 Article 9 -Compensation ..............................................................................................................23 Article 10 -Pension .......................................................................................................................25 Article 11-Deferred Compensation Plan .....................................................................................26 Article 12 -Association Business Leave .......................................................................................27 Article 13 -Contract Interpretation Dispute Resolution Procedure ..............................................29 Article 14 - Term of Agreement ....................................................................................................33 Article 15 -Savings Clause Preemption Provision and Complete Agreement Clause .................34 Exhibit A -Panel of Arbitrators ....................................................................................................36 Exhibit B 3 7 11 DEFINITIONS 1. "Agreement" means this Meet and Confer Agreement entered between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. 2. "Association" means the Denton Fire Fighters Association, IAFF Local 1291, its elected leaders and its collective membership. 3. "city" means the City of Denton, its mayor, city council members, city manager, fire chief and those persons designated by the City of Denton to manage the city and its fire department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil Service Commission. 5. The term "days" refers to calendar days unless otherwise specified. 6. The term "Department" or "Fire Department" means the Denton Fire Department. 7. The term "Department head" or "Fire Chief 'means the Fire Chief of the Denton Fire Department, designee, interim, or an acting Chief of the Denton Fire Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 10. The term "Firefighter" means a member of the Denton Fire Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code and excludes persons attaining civil service status under article 2. 11. "Parties" or "parties" means the city of Denton and the Denton Fire Fighters Association, IAFF Local 1291 and "Party" or "party" means either the City of Denton or the Denton Fire Fighters Association, IAFF Local 1291. 1 ARTICLE 1 RECOGNITION The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL N0.1291, as the sole and exclusive bargaining agent for the covered Firefighters described in the petition for recognition, excluding the head of the fire department and excluding the employees exempt under Subsection (b), in accordance with subchapter C of Chapter 142 of the Texas Local Government Code. 2 ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS Section 1. Intent. In the Parties' prior agreement, effective October 1, 2006, (the "2006-2009 Agreement") the Parties agreed to reclassify certain non-civil service civilian positions in the Fire Prevention Division and Administration Division to civil service for certain civil service benefits and protocols under Chapter 143 of the Texas Local Government Code to create a more unified Department incorporating Operations, Administration and Fire Prevention. To further that transition and that goal, the Parties agree to reclassify certain existing civil service positions in the Fire Prevention Division and Administration Division. The Parties intend for any variation of civil service provisions by this Agreement to also apply to the reclassified positions affected by Article 2 in the 2006- 2009Agreement and this article unless provided otherwise by the Agreement. Section 2. Employees Affected and Civil Service Status in 2006-2009 Agreement and this Agreement. (A) The former non-C1V11 service positions affected by Article 2 of the 2006-2009 Agreement included the following positions: • Public Education Officer, • Fire Inspector, ~ Senior Fire Inspector, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, • Fire Recruitment Management Analyst and • Emergency Management Program Manager. A Fire Department employee who served in one of these positions was not required to take a competitive examination to remain in the employee's position if the employee was appointed to that position before October 1, 2006. (B) At the time of the effective date of the 2006-2009 Agreement, the former non-civil service employees affected by former article 2 automatically waived into and qualified for the provisions of civil service status under Chapter 143 concerning classification status, disciplinary action, appeals, protocols, sick leave, on duty injury leave, and other such provisions, with the exception of those provisions relating to promotions or transfers and except as otherwise provided in the 2006-2009 Agreement. (C) The civil service positions affected by this article include the following: • Fire Inspector Specialist, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, 3 • Fire Recruitment Management Analyst and • Emergency Management Program Manager. Section 3. New Fire Prevention Division Titles and Ranks. (A) Fire Inspector Specialist I. Pursuant to the terms of the 2006-2009 Agreement, the Public Education Officer, Fire Inspector and Senior Fire Inspector were replaced with a Fire Inspector Specialist classification. The Fire Inspector Specialist shall be reclassified to a Fire Inspector Specialist I at the current Firefighter base pay and applicable step plus $300 assignment pay per month. The applicable step determination will be based on the time in rank of Fire Inspector Specialist and Fire Inspector Specialist I. Incumbents in the Fire Inspector Specialist classification will automatically be reclassified into the classification of Fire Inspector Specialist I on the effective date of this Agreement. (B) Fire Inspector Specialist II. A new supervisory Fire Prevention position shall be established with the classification of Fire Inspector Specialist II with a salary at the current Driver base pay and applicable step plus $400 assignment pay per month. (C) Fire Protection Engineer Associate. (1) Classification. Pursuant to the 2006-2009 Agreement, the Fire Protection Engineer Associate was classified in place. This classification will continue but will be eliminated when vacated and replaced with the classification of Fire Protection Specialist. (2) Base Salary for Fire Protection Engineer Associate. The recommended base salary percentage increase for the Fire Protection Engineer Associate shall be calculated by taking the average percentage increase, excluding step increases, for contract year for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (3) Assignment Pay. The Fire Protection Engineer Associate shall receive $400 per month assignment pay. The replacement classification of Fire Protection Specialist shall receive $500 per month assignment pay. (D) Assistant Fire Marshal. (1) Classification. Pursuant to the 2006-2009 Agreement, the Assistant Fire Marshal was classified in place. This classification will continue but will be eliminated when vacated and replaced with the classification of Deputy Fire Marshal. (2) Base Salary for Assistant Fire Marshal The recommended base salary percentage increase for Assistant Fire Marshal shall be calculated by taking the average percentage increase, excluding step increases, for the contract year for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. 4 (3) Assignment Pay. The Assistant Fire Marshal shall receive $500 per month assignment pay. The replacement classification of Deputy Fire Marshal shall receive $600 per month assignment pay. (E) Future Job Descriptions for Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist and Deputy Fire Marshal. The j oint Labor/Management Committee will develop j ob descriptions including minimum and preferred qualifications for the positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist and Deputy Fire Marshal and make a recommendation to the Department head. The Department head will determine whether to adopt the recommendation and will determine minimum and preferred qualifications for this position. (F) Filling Fire Prevention Division Vacancies. (1) Vacancies in the Fire Prevention Division will be filled in a manner determined by the Department head and in accordance with this subsection of the article. This excludes the appointed positions in section 5 of the article. The process by which the vacancies are filled is not restricted by article 5, the promotions article in this Agreement, or restricted by Chapter 143 of the Texas Local Government Code. (2) Firefighters may voluntarily transfer to the Fire Prevention Division to fill vacancies according to the eligibility outlined in subsection 3 below provided: (a) he/she meets the requirements of the job description for the position he/she is applying for, and (b) he/she is recommended by the Fire Marshal and approved by the Department head. (3) Firefighters transferring under this section retain their pay grade and benefits and, in addition, receive any assignment pay for the applicable Fire Prevention Division position. Transfers to the Fire Prevention Division shall not be for promotional purposes under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention Division may only transfer to an equivalent rank as follows: Fire Inspector Specialist I =Fire Fighter Fire Inspector Specialist II =Driver Fire Protection Specialist =Captain Deputy Fire Marshal =Battalion Chief (4) Firefighters transferring to the Fire Prevention Division must complete the assignment for a minimum of two years. This assignment may be shortened or lengthened by mutual agreement of the Firefighter and the Fire Marshal and approved by the Department head. At the expiration of the two-year assignment, the Firefighter may transfer back to Operations. (5) An exception to the two year assignment shall be for promotions. A Firefighter assigned to the Fire Prevention Division shall be entitled to take an Operations 5 promotional examination if otherwise eligible. The Firefighter may promote out of the Fire Prevention Division back into the Operations Division. (6) If no qualified volunteers from the Operations Division apply for a Fire Prevention Division transfer position, the Department head will make an assignment to that position from the Operations Division. The assignment will not be for longer than two years. The assignment may be shortened by mutual agreement of the Firefighter, with the recommendation of the Fire Marshal and approval of the Department head. (7) No Probationary firefighters will be assigned to the Fire Prevention Division. (8) The Fire Marshal, with the approval of the Department head, may appoint a current member of the Fire Prevention Division to the vacant new position, provided he/she meets the requirements of the j ob description. Current members appointed in such a manner will enter the position at the applicable civil service rate for that rank and follow the steps in that classification. He/she will receive any applicable assignment pay for the position he/she fills. (9) A vacancy in the former Fire Prevention Division positions of Fire Protection Engineer Associate and Assistant Fire Marshal will not be filled. The position will be replaced with the corresponding new classification of either Fire Protection Specialist or Deputy Fire Marshal and the prior position eliminated. Section 4. Fire Recruitment Management Analyst. (A) Classification. Pursuant to the 2006-2009 Agreement, the position of Fire Recruitment Management Analyst was classified in place. This classification will continue but will be eliminated when vacated and replaced with a Fire Recruitment Captain. Base pay for Fire Recruitment Captain at that point will be equivalent to Fire Captain. The joint Labor/Management Committee will develop and recommend a job description to the Department head including minimum and preferred qualifications for the new civil service position. The Department head will determine whether to adopt the recommendation and will determine minimum and preferred qualifications for this position. (B) Base Salary for Fire Recruitment Management Analyst. The base salary for Fire Recruitment Management Analyst shall be calculated to be equivalent to the rank of Fire Captain at the first step. (C) Assignment Pay. The Fire Recruitment Management Analyst shall receive $500 per month assignment pay. 6 Section 5. Fire Marshal and Emergency Management Program Manager. (A) Fire Marshal and Emergency Management Program Manager By Appointment. The positions of Fire Marshal and Emergency Management Program Manager shall continue to be appointed by the Department head and shall not be filled by promotional examination. A person appointed under this section serves at the pleasure of the Department head. (B) Fire Marshal Classification. The Fire Marshal shall continue to be classified in place. (C) Emergency Management Program Manager. The Emergency Management Program Manager shall continue to be classified in place. (D) Base Pay Prior to a Vacancy Occurring. The base pay for Fire Marshal and Emergency Management Program Manager, prior to a vacancy occurring in each respective position, will be determined by the Department head based on market comparisons in accordance with City of Denton policy. (E) Upon the Vacancy in the Current Positions of Fire Marshal and Emergency Management Program Manager. (1) Determination of Job Descriptions and Base Pay. When a vacancy occurs in either of the current positions of Fire Marshal or Emergency Management Program Manager, the base pay and minimum and preferred qualifications for that position from the time of vacancy will be made by recommendation by the joint Labor/Management Committee to the Department head. The Department head will determine whether to adopt the recommendation and ultimately will determine minimum and preferred qualifications and base pay for that position. (2) Vacancy To Be Filled by Appointment by the Department Head. Vacancies in the positions of Fire Marshal or Emergency Management Program Manager shall be filled by appointment by the Department head. Appointments for Fire Marshal or Emergency Management Program Manager will be made by the Department head from within the Department, following the procedure outlined below. If no suitable candidate from within the Department exists, the Department head may appoint a person from outside the Department Procedure. 1. Job Announcement for potential candidate(s) within the Department 2. Candidate(s) submit a letter of interest and resume to the Department head 3. Application review for minimum and preferred qualifications by the Department head 4. Department head's interview 7 5. Appointment from within the Department or proceed to external process if no suitable internal applicant 6. External Job Announcement 7. Candidate(s) submit an application and resume to Human Resources 8. Application review for minimum and preferred qualifications by the Department head 9. Department head's interview 10. Potential appointment from external candidates or repost externally (3) Review of Non-Selection by Internal Candidate. In the event that an internal candidate applies and proceeds through step 4, but is not selected and the Department head proceeds to the external process, that candidate may seek review of the non-selection. The internal candidate may seek review by providing a written statement to the Department head within ten (10) calendar days from the date of the notification of non-selection stating the basis for review. The review process shall be as follows: (a) The j Dint Labor/Management Committee shall review the Department head's decision and make anon-binding recommendation in writing to the Department head within five (5) business days from the date that the candidate seeks review. (b) The Department head shall review the recommendation by the joint Labor/Management Committee and determine whether or not to reconsider the decision within ten (10) calendar days from the date of the recommendation. (c) The internal candidate may seek review of the non-selection to the commission by submitting a request in writing to the director within five (5) business days from the date of determination by the Department head of sustaining the non-selection. The commission shall have ten (10) business days to conduct a hearing and render a decision sustaining or overruling the Department head's decision to seek an external candidate. The standard of review by the commission is whether the Department head's decision is arbitrary and capricious. The commission's decision shall be final and binding with no right of appeal to an arbitrator or district court. (d) Deadlines in this article may be extended by mutual agreement by the internal candidate seeking review and the Department head. (F) Internal Appointment. In the event that an internal Firefighter or newly classified employee under this article fills the vacancy, only subsections 143.014(g) and 143.014(h) of 143.014 of the Texas Local Government Code shall apply. 8 (G) External Appointment. In the event that an external candidate fills the vacancy, only subsection 143.014(h) of 143.014 of the Texas Local Government Code shall apply after a twelve (12) month probationary period applicable to an external appointment, except that the provision relating to being restored to the same classification or its equivalent shall not apply. Section 6. Transfer. (A) Restrictions. The reclassified employees under former article 2 in the 2006-2009 Agreement and under this article may not transfer out of their currently assigned Division into any other classified civil service position in another Division in the Department. Reclassified Prevention Division employees under former article 2 in the 2006-2009 Agreement and under this article are eligible to promote within their currently assigned Division. (B) Effect of Transfer. Operations Division Firefighters who transfer to the Fire Prevention Division or Administration Division are eligible to take the Operations Division's promotional examinations, provided they meet the requirements for the promotional examination under Chapter 143 of the Texas Local Government Code and any pre-requisites for promotion as determined under article 5 of this Agreement. It is the intent of the Parties that, when transfer processes between Divisions are outlined by recommendation by the joint Labor/Management Committee and determined by the Department head, a Firefighter does not gain rank or lose rank by transferring between Divisions. Section 7. Commission's Role. The commission may adopt rules under this article providing for the efficient administration of this article. Section 8. Statutory Override. To the extent this article continues to reclassify former civilian positions of Public Education Officer, Fire Inspector, and Senior Fire Inspector; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager to civil service positions this article overrides section 143.003 (4) and section 143.003 (4)(A). This article is the exclusive process and provision by which the former positions of Public Education Officer, Fire Inspector, and Senior Fire Inspector; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager are afforded civil service status. Unless otherwise provided in this article, this article overrides sections 143.014, 143.015 to the extent limited in section 5 of this article, 143.026, 143.028, 143.029, 143.030, 143.032, 143.033, 143.034, 143.036 (except the definition of vacancy) and 143.085 of the Texas Local Government Code. The overrides 9 to Chapter 143 of the Texas Local Government Code also apply to this article and to the reclassified positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program. 10 ARTICLE 3 LABOR/MANAGEMENT RELATIONS Each Party shall designate three (3) representatives to serve on a joint Labor/Management Committee ("Committee"). This Committee shall meet quarterly at agreeable times and places to discuss matters of mutual concern. Such discussion shall not be tantamount to, or an extension of, the bargaining process, but shall be for the purpose of encouraging productive relations between the parties and the improvement of the fire services to the community. A minimum of two (2) members from each party must be present for a meeting to be held. The Department head will make reasonable efforts to accommodate requests by Association members to attend if they are on duty. Both parties understand and agree that Committee meetings are not required on any issue, except where provided for in Articles 2, 4, 5 and 7 of this Agreement, and are not a condition nor limitation on the management rights to make and enforce policies, rules, regulation, or operational decisions. The work of the Committee shall be conducted on City time without loss of pay by Committee members; except that meetings which are scheduled at times when Association members who are not on duty, such members shall attend on their own time without compensation. 11 ARTICLE 4 HIRING PROCESS Section 1. Intent In adopting this article, the Parties agreed to implement a hiring system for beginning positions in the Department that provided for selection based upon the determination by an Oral Interview Board and the Chief's Interview. The parties believe a determination by the Oral Interview Board and Chief's Interview for beginning positions improved the selection process and provided applicants a fair opportunity to demonstrate skills and abilities that serve as additional good indicators that they would perform well in the Department. Section 2. Adoption and Publication of Rules Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 3. Written Examination and Commission List (a) Establishment of Date of Written Examination in 2011 Until 2011, the commission shall give new examinations at the times the commission considers necessary to provide required staffing. Entrance examinations will be held on the second Saturday in January beginning in January 2011. The actual date of the examination may be rescheduled in the event of circumstances beyond the City's control including but not limited to extraordinary weather events or other emergencies. (b) Written Examination and Military Points The written examination under Chapter 143 of the Texas Local Government Code shall be administered and the minimum passing grade on the written examination is 70 percent. An additional five (5) points shall be added to the examination grade of an applicant who served a minimum of 180 active days in the United States armed forces, received an honorable discharge, and made a passing grade on the examination. In the event a tie should occur, the process to break a tie will follow the Department Hiring Guideline. A passing grade on the written examination may permit the applicant to proceed to the next step(s) in the hiring process. The grade on the written examination will not serve as the grade for ranking on the eligibility list; however, the written examination grade, plus any applicable military points, will determine the ranking for a Commission List from which applicants proceed through the remainder of the hiring process. (c) Commission List In this article "Commission List" shall mean the list of applicants who made a passing grade on the written examination ranked from highest to lowest including any applicable 12 military points and shall not mean the eligibility list from which an applicant may be appolnte . When a vacancy occurs in a beginning position in the Fire Department, the Department head shall request in writing from the director the names of suitable persons from the Commission List outlined in subsection (a) above. The director shall certify and provide to the Department head all of the names of such applicants on the Commission List. From the Commission List of names, the Department head shall identify a number of applicants, based on the determination of the Department head related to the number of vacancies, with the highest ranking to proceed through the process. Section 4. Background Check and Physical Ability Test (a) Background Check After the Department head determines an applicant to be eligible to proceed through the process by the Department head, the applicant will proceed through the Background Check in accordance with the Department's Hiring Guidelines. If an applicant passes the Background Check, then the applicant shall proceed to the Physical Ability Test. If an applicant does not pass the Background Check, the applicant will be disqualified from any further consideration in the hiring process. (b) Physical Ability Test From the list of names of applicants who passed the background check, the Department head shall identify the fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. If an applicant passes the Physical Ability Test, then the applicant will be considered to proceed to the Oral Interview Board. If an applicant does not pass the Physical Ability Test, the applicant will be disqualified from any further consideration in the hiring process. All applicants who have passed the Background Check and Physical Ability Test shall proceed to the next step in the process. If less than three (3) applicants pass the Background Check and Physical Ability Test, the Department head shall identify the next fifteen (15) applicants with the highest ranking on the Commission List (or those remaining on the Commission List if less than fifteen (15)) to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. (c) Selection of Candidates To Proceed to Oral Interview Board From the list of names of applicants who passed the Physical Ability Test, those applicants shall proceed to the next step in the process. In the event those applicant names are exhausted after the completion of the Oral Interview Board and Chief's Interview, then the Department head shall proceed under section 4(b) of this article to identify the next fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. 13 Section 5. Oral Interview Board (a) Oral Interview Board The joint Labor/Management Committee shall establish an Oral Interview Board made up of four (4) members with four (4) alternate members. Three (3) of those members and three (3) of the alternate members shall come from the Department. One (1) of those members and one (1) of the alternate members shall be a citizen member from the City of Denton chosen by the Department head. It is understood that all members and alternate members of the Oral Interview Board will receive appropriate training to conduct interviews. (b) Interview The Oral Interview Board will interview eligible applicants determined by the preceding steps in this article. Each member of the Oral Interview Board will assign an applicant a score from zero (0) to one hundred (100) points. The average of those four (4) scores will be calculated and will be the final Oral Interview Board score for each eligible applicant. If an applicant obtains a final Oral Interview Board score of seventy (70) points or more, an applicant will proceed to the Chief's Interview. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in the hiring process. Section 6. Chief s Interview The Fire Chief will interview eligible applicants determined by the preceding steps in this article. The Fire Chief shall invite the Deputy Fire Chief and/or one or more Battalion Chief(s) to attend the Fire Chief's Interview for all eligible applicants. The Chief will assign an applicant a score from zero (0) to one hundred (100) points. Any input from the Deputy Fire Chief or Battalion Chief will be included in the Chief's score. This score will be the final Chief's Interview score for each eligible applicant. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in this hiring process. Section 7. Eligibility List The overall score to be placed on the eligibility list for each eligible applicant shall be computed by taking the applicant's final Oral Interview Board score and multiply the score by .70 to the account for seventy percent (70%) of the applicant's final overall score; and adding the applicant's final Chief's Interview score and multiply that score by 14 .30 to account for thirty percent (30%} of the applicant's final overall score (see below). (4 Oral Interview Board Scores divided by 4 =final Oral Interview Board Score) x 70% (final Chief's Interview score) x 30% applicant's final overall score When a vacancy occurs, the Department head shall appoint the eligible suitable applicant having the highest final overall score on the eligibility list unless the Department head has a valid reason for not appointing the person. Each hiring eligibility list remains in existence for one (1) year after the written examination unless exhausted. All applicants maybe subj ect to a polygraph examination at the Department head's discretion. Section 8. Effect of an Eligibility List Currently In Existence and Eligibility List Created Under this Agreement A hiring eligibility list in existence at the time of the adoption of this Agreement shall continue in effect until January 11, 2011, unless exhausted. Any hiring eligibility list created under this article will take effect upon the expiration of any applicable pre- existing list. Section 9. Probationary period Unless already certified as both a firefighter by the Texas Commission on Fire Protection and a paramedic by the Texas Department of State Health Services, a person appointed to a beginning position in the Department must serve a probationary period of up to eighteen (18) months beginning on that person's date of employment as a Fire Fighter, or trainee. A person appointed to a beginning position in the Department who is certified as both a fire fighter and a paramedic shall serve a probationary period of twelve (12) months. Section 10. Disqualification In the event an applicant is disqualified at any point in the hiring process, the Department head shall clearly set forth in writing the good and sufficient reason why a person was disqualified. Section 11. Statutory Override This article supercedes the following sections of the Texas Local Government Code to the extent the article may be in conflict with any of these sections: section 143.025(a) to account for an Oral Interview Board and Chief's Interview only to be administered to certain applicants that meet the hiring process criteria under the rules implemented in accordance with this article and to establish the eligibility list based on the Oral Interview Board and Chief's Interview as outlined in this article; section 143.025(b) to base the 15 eligibility list on the Oral Interview Board and Chief's Interview final overall score as outlined in this article; sections 143.025(c), 143.025(4) and 143.025(e) to provide for the Oral Interview Board and Chief's Interview to interview applicants outside the presence of other applicants and at different times; section 143.025(h) to extend the effective date of the eligibility list from examination date to examination date; section 143.025(1) to provide for an Oral Interview Board and Chief's Interview in the grading process and for establishment of an eligibility list as outlined in this article; sections 143.026(a), 143.026(b), 143.026(c) and 143.026(4) to allow the creation of various lists in the hiring process as outlined in this article, to allow for appointment and disqualification by the Department head, to account for the Oral Interview Board and Chief's Interview final overall score as a basis for the applicant's selection, and to eliminate the requirement of filing reasons of a pass over with the commission; and section 143.027 regarding probationary period. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of City, such as the commission. 16 ARTICLE 5 PROMOTIONS Section 1. Intent In adopting this article, the parties agreed to implement changes to the promotional process for the Department by establishing pre-requisites that qualify a candidate to take a promotional written examination. The parties believe that establishing pre-requisites for promotional written examinations will improve the promotional process and will provide promotional candidates a fair opportunity to meet pre-requisites that serve as additional good indicators that they will perform well in the positions to which they seek to be promoted. This article excludes the positions addressed in article 2. Section 2. Definitions (a) In this article "written examination" means the written examination provided for promotions under Chapter 143 of the Texas Local Government Code. (b) In this article, "pre-requisites" means the minimum qualifications and conditions required of candidates for eligibility to take a Chapter 143 written examination for promotion within the Department. Section 3. Role of Commission Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 4. Minimum Qualifications (a) The Driver pre-requisites determined under the parties' prior agreement attached as Exhibit B will continue to apply. (b) For promotion to the ranks of Captain and Battalion Chief, within ninety (90) days of the execution of this Agreement, the joint Labor/ Management Committee appointed as provided in article 3 will recommend pre-requisites for taking promotional written examinations prior to the posting of the Position Opportunity Announcement publication each year. The Department head will determine whether to adopt the recommended pre-requisites. In the event the pre-requisites are adopted by the Department head, the pre-requisites will be effective twelve (12) months after their posting in the Position Opportunity Announcement publication. (c) In the event pre-requisites are not recommended by the expiration of the ninety (90) day time period, the Department head may extend the time period at his/her discretion or may proceed with the then existing qualifications. In this circumstance, the Department head may request a report from the joint 17 Labor/Management Committee outlining the pre-requisites developed at that point. Section 5. Evaluation The joint Labor/Management Committee will establish a system within the joint Laborl Management Committee to evaluate the promotional process and the pre-requisites established. The joint Labor/Management Committee shall prepare a written evaluation for the Department head within sixty (60) days after the administration of each written examination. Section 6. Date of Written Examinations and Rescheduling (a) Battalion Chief Written examinations for the rank of Battalion Chief will be held on the second Tuesday of January after the effective date of the Agreement. (b) Captain Written examinations for the rank of Captain will be held on the second Tuesday of February after the effective date of the Agreement. (c) Driver Written examinations for the rank of Driver will be held on the first Tuesday of March after the effective date of the Agreement. (d) Rescheduling of Written Examinations The actual date of the examinations may be rescheduled after the examination dates in this section in the event of circumstances beyond the City's control including but not limited to extraordinary weather events or other emergencies. In the event of a rescheduling, no further notice of the examination is required other than the new time, place and date of the rescheduled examinations, notwithstanding section 143.029 of the Texas Local Government Code. Meeting the scheduled examination dates outlined or provided for in this section, or rescheduling those dates pursuant to this subsection, precludes any liability for back pay or retroactive seniority for that position or any lower position. Section 7. Exceptions to Minimum Promotion and Rank Differential Pay Should the difference between the maximum step for a rank and minimum step of the next higher rank fall below 3.0%, then a Firefighter who is promoted or receives rank differential pay to that next higher rank shall be compensated at the second step pay. For a Firefighter being promoted in this manner, then that Firefighter shall continue to receive 18 the second step pay for four years from the promotion date before receiving another step pay in that rank. Section 8. Eligibility List When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head, shall certify to the Department head the names of the eligibility list. This section of the article shall supercede Section 143.036(b) of the Local Government Code to the extent that Section requires the certification of persons on the eligibility list to be certified three (3) persons at a time. This section of the article is intended to omit the administrative process of providing three (3) names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Fire Department. Section 9. Statutory Override This article supercedes the following sections of the Texas Local Government Code: section 143.029 to override posting rules in the event an examination is rescheduled; sections 143.030(b) and (c) to alter pre-requisites for promotions; section 143.030(4), sections 143.032(a), 143.032(b),143.032(c), and 143.032(4) to provide for pre-requisites for the promotional process as determined by the Department head to the extent any of those pre-requisites may be deemed to conflict with these sections; section 143.036(a) to provide for the promotional process in accordance with this article and to the extent any provisions of this article maybe deemed to conflict with this section; and 143.036(h) for the promotional eligibility list to remain in existence until the date of the next promotional examination for that rank. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of the City, such as the commission. 19 ARTICLE 6 NEPOTISM Section 1. Purpose The Denton Fire Department through employment, promotion, or transfer of relatives, will not contribute to the creation of any inequity or impropriety among its members. The purpose of this procedure is to communicate a Department policy regarding employment and supervisory relationships among family members. Section 2. Definition and Scope of Application During the term of this Agreement, the parties agree that the definition of "relative" shall meet the same definition of "familial relationship" provided by current City Policy Reference Number 102.08 dated September 3, 2002, and agree this article applies to a Firefighter as defined in this Agreement or a position reclassified in Article 2. Section 3. Appointment of Relatives to City Employment Members of the Department assigned to positions that make appointments, conduct interviews, promote, etc. cannot participate and must disqualify themselves if a relative is a candidate. In addition, members shall notify the Fire Chief in writing to disclose the relationship or interest involved. Section 4. Immediate Supervisory Relationships Members shall not directly supervise a relative. Director immediate supervision includes participation in a hiring decision, promotional decision, disciplinary decision, or preparing or influencing a performance evaluation of a relative. In a Battalion, relatives shall not be assigned to the same shift. Temporary shift swaps or overtime assignments are permitted, provided there is no immediate supervisory relationship. At the discretion of the Incident Commander, the prohibition on the immediate supervisory relationship of relatives during emergency operations is put aside. Irrespective of the immediate supervisory relationship, members shall not participate in a decision involving the financial interest of a relative, including hiring, promotion, discipline and pay increases. In addition, members shall not attempt to influence others in a financial interest of a relative. Section 5. Changes or Amendments During Term of Agreement It is understood that during the term of this agreement, if either party requests in writing a meeting concerning changes or amendments to the definition of the term "relative," the parties shall meet within ten calendar days to discuss such changes or amendments. Changes made to section 2 are not subject to ratification by the Association or the City Counci . 20 ARTICLE 7 SAFETY AND HEALTH It is the desire of the City and the Association to maintain the highest standards of safety and health in the Fire Department. The City and Association agree to use NFPA 1583, NFPA 1582 and the IAFF/IAFC Joint Wellness Fitness Initiative as a guideline for the implementation of policy regarding health and safety issues in the Department over time. The parties agree that the Wellness Committee will continue to work on implementing the requirements of rule 43 5.21 of the Texas Commission on Fire Protection. To that end, each Firefighter will undergo a physical during the term of this Agreement. Those Firefighters designated as priority according to NFPA guidelines shall undergo at least two physicals during the term of this Agreement. Physicals shall be conducted by an entity recommended by the Wellness Committee, approved by the joint Labor Management Committee, and approved by the Department head. In furtherance of the parties' desired goals, the parties will explore the feasibility of a position in the Department that would serve as a safety and wellness officer prior to the expiration of the Agreement. 21 ARTICLE 8 DISCIPLINE Section 1. Written Statement If the Department head suspends a Firefighter, a copy of the statement giving the reasons for the suspension shall immediately be delivered in person to the suspended Firefighter and filed with the director within 120 hours. This statement shall only be delivered to the commission if the Firefighter chooses to appeal to the commission under section 143.052(4). In instances where the Firefighter chooses to appeal to the commission, the written statement will be forwarded to the commission within 120 hours from the time the Firefighter notifies the director in writing of his/her choice to appeal to the commission. Section 2. Time to Investigate Charges In the original written statement and charges and in any disciplinary suspension hearing conducted under this Agreement or Chapter 143, the Department head shall have 180 days to investigate and take disciplinary action from the date the Department head discovers an act, provided that the Department head may not complain of or take disciplinary action for an act (not related to criminal activity) that occurred more than one year before the date of disciplinary action. Section 3. Statutory Override Section 1 of the article supercedes section 143.052(c) of the Texas Local Government Code requiring a statement to be forwarded to the commission within 120 hours of the suspension. Section 1 also supercedes section 143.052(e) of the Texas Local Government Code only in that, in instances where the Firefighter does not choose to appeal to the commission, the written statement will not be forwarded to the commission. Section 2 of the article shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in this article affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. 22 ARTICLE 9 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Fire Department perform their responsibilities at a level that is above the typical metroplex fire agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for fire fighters as reflected in Section 3(a). The parties recognize the financial limitations facing the City due to this challenging economic period. Sections 3(c)-(d) of this article reflect the parties' intent to address the current economic period and are not intended to serve as precedent in future agreements. Section 2. Comparator Cities Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Irving, Lewisville, McKinney, Mesquite, Plano and Richardson shall continue to be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene aLabor/Management Pay Subcommittee to perform a survey in May 2010 and May 2011 upon which consideration for the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Proposed increases maybe limited to the average base pay percentage increase for non-civil service City employees approved by the City Council in the annual budget. Section 3. Compensation Proposal Calculation (a) Compensation for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall be proposed on the basis of the following calculations: The recommended base pay scale shall continue to be calculated by the salary survey conducted May 2010 and 2011, utilizing the average minimum and maximum base salary for each rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that the minimum and maximum base pay for each rank, will receive an increase (should an increase be required) to match the survey average plus five percent (5%). The steps between the minimum and maximum steps will be recalculated to maintain equal separation between any new minimum and maximum steps. (b) The salary subcommittee shall prepare a report to the City Manager to be forwarded to the City Council at the time the proposed budget is submitted to the City Council that will show the cost of implementing the pay increase as calculated above compared to the cost to pay Firefighters the same percentage increase as non-civil service employees. 23 (c) Increases recommended in subsection 3 (a) may be limited to the average base pay increase budgeted for non-civil service City employees. Should the City Council approve a budget that does not include base pay increases for non-civil service employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall not receive any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus 5%. (d) Should the City Council approve a budget that includes lump sum pay increases instead of an increase to base pay to non-civil service City employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief will receive a lump sum payment instead of an increase for non-civil service employees. Section 4. Funding Obligations Depending upon the financial forecasts, the City may implement the compensation recommendations in section 3 between the first pay period of the fiscal year and the first pay period of April of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in fiscal year 2008-2009, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. Following the adoption of the annual budget that may establish a pay increase, should the City Council find it fiscally necessary to reduce base pay for non-civil service Clty employees, or implement other cost saving measures such as mandatory furloughs or a reduction-in-force, the increases recommended under this Article may be reduced accor mg y. 24 ARTICLE 10 PENSION As of January 1, 2010 and each successive year of the Agreement, the City shall apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year. During the term of this Agreement, the City may commission a study by an actuarial firm to evaluate the Firemen's Retirement and Relief Fund and the Texas Municipal Retirement System when compared to each other. The City may proceed with the study once the Firemen's Retirement and Relief Fund completes its next actuarial study. 25 ARTICLE 11 DEFERRED COMPENSATION PLAN Section 1. Optional Retirement Program The City will continue to make available the IAFF Financial Corporation 457 Plan ("IAFF Plan") as one of the options that a civil service employee in the Department may elect. A civil service employee in the Department electing to participate in the IAFF Plan assumes full responsibility for tax or penalty provisions as applicable under federal, state or local law. 26 ARTICLE 12 ASSOCIATION BUSINESS LEAVE Section 1. Association Business Leave Authorized Association Representatives who are on duty shall be permitted to have paid time off, designated as Association Business Leave (ABL), to conduct Association business under the conditions specified in this article provided that the ABL does not impact the mission of Department including operations, staffing, training or other scheduled Department functions. Section 2. Permitted Uses of ABL ABL may be used for activities that directly support the mission of the Department or the Association, or are deemed mutually beneficial to both the Department and Association, but do not otherwise violate the specific terms of this article. It is specifically understood and agreed that no paid time off shall be utilized for political lobbying at the local, state, or national level. The Department head will make reasonable scheduling adjustments and accommodations pursuant to ABL requests to allow authorized Association Representative to participate on behalf of the Association to attend scheduled Meet and Confer negotiating sessions, sub-committee meetings, and joint Labor/Management Committee sessions between the Association and the City. The Association President or his/her designee may be granted reasonable time off pursuant to an ABL request during working hours to investigate and process grievances, to attend Civil Service, Arbitration, or Court Hearings and to represent Association employees in disciplinary action provided that the President or his/her designee shall request permission from his Battalion Chief. Whenever possible, notification is to be made prior to or at the beginning of a shift. The officers of the Association may be granted ABL for membership meetings of the Association that take place when such officers are scheduled to be on duty. This leave with pay shall be limited to one (1) meeting per month not to exceed two (2) hours per meeting. ABL may be granted up to two (2) Association representatives to attend the TSAFF or IAFF convention, TSAFF Leadership Conference. TSAFF Service Training Class, IAFF Affiliate Leadership Training Seminar, or the IAFF Human Relations Conference. The Association shall endeavor to conduct all necessary Association business during the non-working time to the greatest number of Firefighters required for such business to the greatest extent possible. 27 Section 3. Written Request Required All requests for ABL must be in writing and submitted at least three (3) days in advance to Fire Administration but requests should be made as soon as possible. To be considered timely, the request must be received in person, by fax, or by e-mail by noon of the day notice is due. Section 4. Approval of ABL Requests The Department head or the Department head's designee will review timely ABL requests to determine approval based on operations, staffing, training or other scheduled Department functions. 28 ARTICLE 13 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association should reduce the dispute to writing and deliver it to the City's designated representative, who shall be its Department head or designee. A Firefighter or newly classified employee under Article 2 in the Department may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Grievance Committee. Each dispute shall be submitted on a form similar to the one attached as an exhibit to this Agreement, and must include, at minimum, the following information: (1) a brief statement of the dispute and the facts or events on which it is based; (2) the sections(s) of the Agreement alleged to have been violated; (3) the remedy or adjustment sought; and (4) the bargaining unit member's signature or, if filed by the Association, the signature of the Association Grievance Committee chairman or Association Press ent. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association within thirty (30) days of the date when the employee knew or reasonably should have known of the claim. 29 Disputes by the Association, Firefighter, or a newly classified employee under Article 2 shall proceed along the following steps: Step 1. An aggrieved Firefighter or newly classified employee under Article 2 must initiate a dispute with the Association Grievance Committee within thirty (30) calendar days of the date upon which the Firefighter or newly classified employee knew of or should have known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Grievance Committee within (3) business days of the receipt of the dispute. The Association Grievance Committee shall within their sole discretion determine if a dispute exists. If the Association Grievance Committee determines that no dispute exists, it shall notify the Department head in writing that no further proceedings will be necessary. If the Association Grievance Committee determines that the dispute is valid, it shall within fifteen (15) business days after receipt of the dispute, proceed to Step 2 of the procedure. Step 2. Any dispute found to be valid by the Association Grievance Committee shall be submitted to the Department head within five (5) business days of the Step 1 decision. After receipt of the dispute, the Department head shall within thirty (30) days submit his response in writing to the Association Grievance Committee. The Department head may require by policy for submission of contract disputes within the Chain of command, but shall have a duty to determine the matter within thirty (30) days of its receipt from the Association. Step 3. If the dispute is not resolved in Step 2, the Association Grievance Committee may advance the dispute in writing to the City Manager or designee within ten (10) business days from receipt of the Step 2 decision by the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Grievance Committee within ten (10) business days of the receipt of the dispute. The City Manager or designee may, at his or her discretion, conduct a conference to further explore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within ten (10) business days. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolved at Step 4, the Association shall have ten (10) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association must deliver a letter indicating its selection for arbitration to the Department head. 30 Section 3. Arbitration Option The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties except from this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitrator, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statutes or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal. If a dispute is submitted to arbitration, within seven (7) calendar days, the Department head and/or City and the Association shall select an arbitrator by alternately striking names from the Parties' pre-determined panel of six (6) qualified neutral arbitrators. The Association shall strike the first name under this article with the first dispute brought under this article. Thereafter, the first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this Agreement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his replacement from a mutually accepted list of three arbitrators. In the event the parties cannot mutually agree to a replacement, the remaining members of the panel will continue to serve for the duration of the Agreement. The arbitration should be held at the earliest available date, but may be continued for good cause shown or upon mutual agreement. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as 31 expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the Agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex pane communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contract to existing law. Section 5. Mutual Extension All deadlines within this article maybe extended by mutual agreement by the Parties. Section 6. Grievances of Non-Association Members Grievances of Non-Association members must follow the same procedure outlined by this article. However, should the grievance of aNon-Association member require that Association resources be used, the Non-Association member will be required to pay all expenses incurred while pursuing final disposition of their grievance. These shall include cost for payment of Arbitrator fees, counsel fees and any other fees directly related to the grievance. All disciplinary grievances shall follow procedure as outlined in chapter 143 of Local government Code. Notwithstanding the above any non-Association member may unilaterally utilize the appeal procedures for disciplinary actions as provided under such Chapter 143. 32 ARTICLE 14 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2009, and shall remain in full force and effect through September 30, 2012, and may be mutually extended by both Parties. 33 ARTICLE 15 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE Section 1. Savings Clause If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. This deadline may be extended by mutual agreement by the Parties. To this end, the provisions of this Agreement are severable. This Agreement may be amended by written mutual agreement. Section 2. Preemption Provision The provisions of this Agreement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Firefighter's Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.117 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superceding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. However, to the extent it may be shown to be necessary to go outside the four corners of the Agreement, the Negotiation History Document drafted by the Pay Subcommittee maybe utilized to show the intent of the Parties. 34 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON, TEXAS (Approved by Denton City Council on of , 2009) By: Dated: GEORGE C. CAMPBELL CITY MANAGER By: Dated: JENNIFER WALTERS CITY SECRETARY APPROVED: APPROVED AS TO FORM: ROSS CHADVVICK JOHN KNIGHT FIRE CHIEF DEPUTY CITY ATTORNEY THE DENTON FIRE FIGHTERS ASSOCIATION, LOCAL 1291 (Ratified by DFFA Membership on of , 2009). By: MIKE TUCKER PRESIDENT By: Dated: JAS ON S . BALLARD SECRETARY 35 EXHIBIT A PANEL OF ARBITRATORS Norman Bennett Otis King Francis Quinn Bill Detwiler Donald Goodman John Barnard 36 EXHIBIT B Eligibility to take the Denton Fire Department Promotional Examination for Fire Driver Classification 1. In order to be eligible to take the promotional examination for the Denton Fire Department Driver classification, acandidate must have accomplished the following: a) Serve three years in the Denton Fire Department classification of Fire Fighter. b) Successfully complete the Denton Fire Department Driver School at least once. The Driver School shall be conducted at least every two years. c) Hold current certification by the Texas Commission on Fire Protection as a Driver/Operator. d) Hold current certification by the Texas Department of State Health Services as a Paramedic. e) Successful completion of an annual Driver Skills Test. 2. The Denton Fire Department Driver Skills Test is a Pass/Fail check off sheet to help determine the operational competence of a promotional candidate. a) The Driver Skills Test remains in effect for twelve months from successful completion. b) Successful completion of the Denton Fire Department Driver School includes a Driver Skills Test. c) The Driver Skills Test may be administered by Station Captains or officers in the Training division. 37 Meet and Confer Agreement Between The City of Denton and Denton Police Officers Association Fiscal Years 2009-2010; 2010-2011 and 2011-2012 TABLE OF CONTENTS Definitions l Article 1-Authority and Recognition .............................................................................................2 Article 2 -Hiring .............................................................................................................................3 Article 3 -Promotion .......................................................................................................................6 Article 4 - Appointment of Personnel ...........................................................................................10 Article 5 -Discipline .....................................................................................................................11 Article 6 -Change in Shift Assignment ........................................................................................12 Article 7 -Compensation ..............................................................................................................13 Article 8 -Court Time and Call Back ..........................................................................................15 Article 9 -Assignment Pay ...........................................................................................................16 Article 10 -Civil Service Commission .........................................................................................17 Article 11-Contract Interpretation Dispute Resolution Procedure ..............................................18 Article 12 -Term of Agreement .....................................................................................................22 Article 13 -Savings Clause and Preemption Provision ................................................................23 Exhibit A - Panel of Arbitrators ....................................................................................................25 11 DEFINITIONS 1. "Agreement" means the Meet and Confer Agreement entered between the Denton Police Officers Association and the City of Denton. 2. "Association" means the Denton Police Officers Association, its elected leaders and its collective membership. 3. "city" means the City of Denton, its mayor, city council members, city manager, police chief and those persons designated by the City of Denton to manage the city and its police department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil SerVlce Comm1SS10n. 5. The term "days" refers to calendar days unless otherwise specified. 6. The term "Department" means the Denton Police Department. 7. The term "Department head" means the Chief of the Denton Police Department, designee, or an acting Chief of the Denton Police Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 10. The term "Officer" means a member of the Denton Police Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code. 11. "Parties" means the City of Denton and the Denton Police Officers Association. 1 ARTICLE 1 AUTHORITY AND RECOGNITION The City of Denton recognizes the Denton Police Officers Association as the sole and exclusive bargaining agent for the covered Police Department police officers described in the petition for recognition, excluding the head of the law enforcement agency and excluding the employees exempt under subsection (b) of section 142.05 of the Texas Local Government Code, in accordance with subchapter B of Chapter 142 of the Texas Local Government Code and the petition. It is intended to include all permanent paid employees of the Police Department who have been hired in substantial compliance with provisions of Chapter 143 of the Texas Local Government Code but does not include civilians or other employees. It is not intended to deny local control by the City except as provided by this Agreement under section 142.059 of the Texas Local Government Code. In consideration of this authority, the Denton Police Officers Association agrees to act impartially and without discrimination on behalf of all affected police officers, irrespective of their membership status in the Denton Police Officers Association. 2 ARTICLE 2 HIRING Section 1. Department List In this Article "Department List" shall mean the list of applicants who made a passing grade on the written examination ranked from highest to lowest including any applicable military points, and tiebreakers applied to a passing grade, and shall not mean the eligibility list from which an applicant maybe appointed. Section 2. Application of Certifications a. From the Department List, the Department head or designee shall identify the persons with a score of 90-105 and identify those persons as Group A. Within Group A, the Department head or designee shall identify the persons holding a Texas Peace Officer Certification in the following rank order highest to lower: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a Texas Peace Officer Certification within Group A on the Department List. b. From the Department List, the Department head or designee shall identify the persons with a score of 80-89 and identify those persons as Group B. Within Group B, the Department head or designee shall identify the persons with a Texas Peace Officer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a Texas Peace Officer Certification within Group B on the Department List. c. From the Department List, the Department head or designee shall identify the persons with a score of 70-79 and identify those persons as Group C. Within Group C, the Department head or designee shall identify the persons with a Texas Peace Officer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a Texas Peace Officer Certification within Group C on the Department List. d. Once the Department head or designee completes the ranking according the certification under this section, the list will be referred to as the "certification list" and will be forwarded to the commission. The director shall certify the list, making it the "eligibility list," and shall provide to the municipality's Department head, or designee, the names of the persons on the eligibility list. Section 3. Selection for Beginning Positions a. From those persons holding a Texas Peace Officer Certification ranked within Group A, the Department head shall appoint the person highest on the eligibility list if that person has 3 otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless passed over under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. b. Once the remainder of the persons holding a Texas Peace Officer Certification in Group A is exhausted, the remainder of the persons in Group A shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group A that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their rank on the eligibility list. c. If there are additional beginning positions to be filled after steps a and b are completed above, from those persons holding a Texas Peace Officer Certification ranked with Group B, the Department head shall appoint the person highest on the eligibility list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless passed over under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. d. Once the remainder of the persons holding a Texas Peace Officer Certification in Group B is exhausted, the remainder of the persons in Group B shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group B that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their rank on the eligibility list. e. If there are additional beginning positions to be filled after steps c and d are completed above, from those persons holding a Texas Peace Officer Certification ranked within Group C, the Department head shall appoint the person highest on the list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless passed over under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. f. Once the remainder of the persons holding a Texas Peace Officer Certification in Group C is exhausted, the remainder of the persons in Group C shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group C that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their rank on the eligibility list. Section 4. Commission Rules and Statutory Override a. The commission shall adopt Local Rules in accordance with this article. b. Sections 1, 2 and 3 of this article shall supercede section 143.025 of the Texas Local Government Code to allow for the creation of the eligibility list to be based upon Texas Peace Officer Certifications after passing the written examination in accordance with this article, and 4 section 143.026 to provide for appointment and notification of a pass-over by the Department head using the process outlined in Sections 1, 2 and 3 of this article. Section 5. Probationary Period A person appointed to a beginning position in the Police Department must serve a probationary period of 18 months beginning on that person's date of employment as a police officer, or academy trainee. This section of the article shall supercede Sections 143.027(a) and 143.027(b) of the Local Government Code. 5 ARTICLE 3 PROMOTION Section 1. Promotions to Sergeant Rank An Officer is not eligible for promotion to Sergeant rank unless the Officer has served in the Department in the next lower rank for at least three years immediately before the examination date. This section supercedes section 143.031 of the Texas Local Government Code to increase the requisite time of service to a three year pre-requisite in the next lower rank before taking the Sergeant promotional examination. Section 2. Promotions to Lieutenant Rank a. In_ In adopting this article, the Parties agree to implement a promotional system for Lieutenant rank using a Records Review in addition to the written examination. The Parties believe a Records Review added to the selection process for the Lieutenant rank will improve the selection process and provide promotional candidates a fair opportunity to display skills and abilities that serve as additional good indicators that they will perform well in the position of Lieutenant. b. Adoption and Publication of Rules. The commission shall adopt Local Rules in accordance with this article. c. Records Review. A maximum of twenty points of a promotional candidate's score will be based on the Records Review of a candidate's Records Evaluation Book. Prior to the administration of the written examination, the Records Review will be scored by evaluators selected by the promotional candidates. At a meeting prior to the Records Review, the candidates will be required to meet for the purpose of selecting evaluators consisting of 1 Captain and 2 Lieutenants. The names of the potential evaluators from the Department will be provided to the candidates based on the evaluators' willingness to participate and no scheduling conflicts. The evaluators will be selected by the candidates by a simple majority vote. In the event of a tie, the evaluator with the most seniority in rank within the Department will be selected. The evaluators will score the Records Review as outlined below. The candidates will receive a copy of their respective score sheets prior to the administration of the written examination. 1. Formal Education (3 points possible) A maximum of 3 points can be earned in this section. Enrollment and/or course work in a degree program will not be credited in this section. Points are not cumulative and multiple degrees will not affect the score. Only the highest degree earned will be credited. All education must be verified. The degree shall be from an accredited learning institution of higher education recognized by the State Board of Education in the State in which the college resides and accredited by the Southern Association of Colleges and Schools or a similar regional association recognized by the United States Department of E ucation. 6 1 point: Associates Degree OR 60 semester OR 90 quarter hours, or 2 points: Bachelor's Degree, or 3 points: Graduate Degree 2. Certifications (2 points possible) A maximum of 2 points can be earned in this section. Points are not cumulative and multiple certifications will not affect the score. 1 point: Advanced TCLEOSE Peace Officer Certificate, or 2 points: Master TCLEOSE Peace Officer Certificate 3. Evaluations/Training (9points possible) A maximum of 9 points can be earned in this section, 6 points based on a review of the candidate's past three years' performance evaluations (2 points per year) and 3 points based on the candidate's training. If a performance evaluation does not exist for one of those years, the candidate will receive the 2 points for that year. The evaluators will evaluate whether a candidate's performance evaluations and listed training demonstrate an ongoing commitment to improvement of self and, in turn, the Department. 4. Discipline (6 points possible) Each candidate will start with 6 points, and the following points may then be deducted: 1 point for each Written Reprimand over the last 3 years designated from the listed date of examination, and 4 points for each Suspension over the last 3 years designated from the listed date of examination, and 6 points for each involuntary Demotion over the last 3 years designated form the listed date of examination. A score that calculates to less than zero will be counted as "zero." d. Written Examination. A maximum of eighty points of a promotional candidate's score will be based on the multiple choice score of the written examination. e. Selection for the Lieutenant Rank. The promotional candidate's multiple choice score will be the candidate's raw score. All candidates who receive a raw score of at least 56 points will be considered to have passed the written examination. Upon passing the written examination, the candidate's raw score, plus Records Review score, plus any seniority points will constitute the candidate's total score and candidates will be ranked on the eligibility list and corresponding certified list according to the candidate's total score. The candidate is entitled to receive one point for each year of continuous service as a classified police officer in the Department, with a maximum of 10 points. The Department head shall appoint the eligible promotional candidate having the highest grade on the eligibility list unless the Department head has a valid reason for not appointing the person. A vacancy shall be filled within 60 days, if an eligibility list is in existence, or 90 days, if an eligibility list does not exist, after the date the vacancy occurs. 7 f. Military Duty. The commission may adopt rules providing for the efficient administration of tests for promotional candidates for Lieutenant rank who are members of the armed forces serving on active military duty as provided by section 143.032(b)(1)(2) of the Texas Local Government Code. g. Appeal or Grievance. A promotional candidate may appeal the multiple choice portion of the written examination under section 143.034 of the Texas Local Government Code but may not appeal or dispute the Records Review component of the promotional process before an administrative or judicial body. Likewise no grievance under this Agreement may be filed concerning the Records Review. The invalidation of any question or component of the written examination shall not invalidate the remainder of the promotiona process. h. Statutory Override. Sections 2(a)-(g) of the article supercede the following sections of the Texas Local Government Code: section 143.032(a) to provide for the scoring of the Records Review created under this article, section 143.032(c) to allow for the Records Review process and allow for clarifying questions to be asked in the Records Review process, section 143.0320 to expand the preparation and composition allowances to include the Records Review and to provide for more time for scoring, section 143.032(g) to allow the Department head's participation in preparing the Records Review of the promotional process, section 143.033(a) to provide for scoring of the Records Review outside the presence of the promotional candidates, section 143.033(c) to provide for the creation of the eligibility list based on both multiple choice and Records Review and for the potential score to be based on less than 100 points in the event a question is invalidated, section 143.033(4) to provide for more time to post the grades of the eligibility list, and section 143.034(a) to limit appeal of the Records Review component of the promotional process. Section 3. Eligibility List Forwarded at One Time for Nonentry Positions a. In_ This section of the article is intended to omit the administrative process of providing three names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Department. b. Process. When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head or designee, shall certify to the Department head the names of the eligibility list. c. Statutory Override. Sections 3(a)-(c) of the article supercede section 143.036 of the Texas Local Government Code to allow for the entire eligibility list to be forwarded at once. Section 4. Review by Labor/Management Committee 8 Within 6o days from the date of the certification of the eligibility list, the Labor Management Committee will review the score sheets and Records Evaluation Books submitted as part of the Records Review process. Each Party shall designate three (3) representatives to serve on the joint Labor/Management Committee. A minimum of two (2) members from each Party must be present for a meeting to beheld. The Labor/Management Committee will review and report their findings to the Department head. 9 ARTICLE 4 APPOINTMENT OF PERSONNEL All positions above Lieutenant maybe filled by appointment by the Department head pursuant to the process provided for in Section 143.014 of the Texas Local Government Code. This article supercedes section 143.014(b) and section 143.014(c) of the Texas Local Government Code. 10 ARTICLE 5 DISCIPLINE Section 1. Limitations on Acts Not Related to Criminal Activity and Time To Investigate Charges In the original written statement and charges and in any disciplinary hearing conducted under this Agreement or Chapter 143, the Department Head has 240 days from the date the act (not related to criminal activity) occurred to discover the act. The Department Head shall have 180 days from the date of discovery, as set forth in the preceding sentence, to investigate and take disciplinary action for the act (not related to criminal activity). This section shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in these sections affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. Section 2. Alternative Discipline Officers suspended up to a maximum of five (5) working days, at the Department Head's discretion, may forfeit either accumulated vacation, compensatory or sick time equal to the suspension to serve the suspension with no loss of paid salary. The officer shall have ten (10) calendar days from receipt of notice of the suspension to decide whether or not he or she wishes to forfeit accumulated leave or exercise his or her appeal rights pursuant to Chapter 143 Local Government Code. No appeal to the Commission or to arbitration may be instituted on suspensions where the officer has forfeited accumulated vacation, compensatory or sick time pursuant to the terms of this section. The forfeited vacation, compensatory, or sick time will not constitute hours worked. This section supercedes section 143.052 and section 143.053 of the Texas Local Government Code to the extent either of those sections do not allow for the process outlined in this section. Section 3. Written Statement If the Department head suspends an Officer, a copy of the statement giving the reasons for the suspension shall be delivered in person by the Department head, or his/her designee, to the suspended Officer. The Department head will file the written statement with the commission director within 120 hours after the hour of suspension which will deem the statement to be filed for purposes of section 143.052. Unless the Officer appeals the suspension to the commission, the Parties agree the director will not forward the written statement to the commission. This section of the article shall supercede section 143.052(c) of the Texas Local Government Code in that filing with the director will satisfy 143.052(c). This section also shall supercede 143.052(c) requiring delivery of the statement specifically by the Department head to the officer. This section supercedes section 143.052(e) of the Texas Local Government Code in that, in instances where the Officer does not choose to appeal to the commission, the written statement will only be filed with the director and not forwarded to the commission. 11 ARTICLE 6 CHANGE IN SHIFT ASSIGNMENT The City reserves the exclusive right to determine procedures, timing and standards for all employee transfers and reassignments; provided, however, Officers shall receive at least 14 calendar days advance notice of transfer or reassignment that result in working different hours of a shift schedule. An Officer may voluntarily waive the requirement to an advance notice. In the event of an emergency the Department head or designee may require an Officer to work at any given time without the requirement of notice given to an Officer. An emergency is an unexpected happening or event or an unforeseen situation or crisis that calls for immediate action and requires the Department head to order a Officer to work a shift other than the Officer's normal scheduled shift assignment. 12 ARTICLE 7 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Police Department perform their responsibilities at a level that is above the typical metroplex Police agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for Police officers while at the same time recognizing the financial limitations facing the City due to this challenging economic period. Section 2. Comparator Cities Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Irving, Lewisville, McKinney, Mesquite, Plano and Richardson shall continue to be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene a Labor/Management Pay Subcommittee to perform a survey in May 2010and May 2011 upon which consideration for the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Proposed increases may be limited to the average base pay percentage increase for non-civil service City employees approved by the City Council in the annual budget. Section 3. Compensation Proposal Calculation (a) The compensation for Police Officer/Recruit, Sergeant, Lieutenant and Captain shall be proposed on the basis of the following calculations: The recommended monthly base pay scale shall be calculated by the salary survey conducted in May 2010 and 2011, utilizing the average minimum base salary and the average maximum base salary for each rank of the twelve (12) comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that the minimum and maximum base pay for each rank will receive an increase (should an increase be required) to match the survey average plus five percent (5%). The steps between the minimum and maximum steps will be recalculated to maintain equal separation between any new minimum and maximum steps. (b) Increases recommended in subsection 3 (a) shall be equivalent to the average base pay increase budgeted for non-civil service City employees. Should the City Council approve a budget that does not include base pay increases for non-civil service employees, the ranks of Police Officer/Recruit, Sergeant, Lieutenant and Captain shall not receive any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus five percent (5%0. (c) Should the City Council approve a budget that includes lump sum pay increases instead of an increase to base pay to non-civil service City employees, the ranks of Police Officer/Recruit, 13 Sergeant, Lieutenant and Captain will receive a lump sum payment equal to the average lump sum increase for non-civil service employees instead of an increase to base pay. Section 4. Funding Obligations Depending upon the financial forecasts, the City may implement the compensation recommendations in section 3 between the first pay period of October and the first pay period of April of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in fiscal year 2008-2009, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. Following the adoption of the annual budget that may establish a pay increase, should the City Council find it fiscally necessary to reduce base pay for non-civil service City employees, or implement other cost saving measures such as mandatory furloughs or areduction-in-force, the increase recommended under this Article shall be reduced. 14 ARTICLE 8 COURT TIME AND CALL BACK Officers while off duty who are called back to duty shall be paid a minimum of two (2) hours or actual time worked, whichever is greater. Officers while off duty who are subpoenaed to give testimony in court about events arising out of their employment shall be paid a minimum of three (3) hours or actual time worked, whichever is greater. Any hours meeting established criteria for overtime compensation will be paid at one and a half (1-1 /2 times) the officer's regular rate of pay. 15 ARTICLE 9 ASSIGNMENT PAY Section 1. Field Training Officer Pay Each Officer assigned as a Field Training Officer shall be granted pay of $100.00 per month. Section 2. Tactical Team Pay Each Officer assigned to the Tactical Team shall be granted pay of $100.00 per month. Section 3. Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers, and Hostage Negotiators Each Officer on a callout list approved by the Department head who is assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers, and Hostage Negotiators shall be granted pay, effective the first pay period of each fiscal year, as follows: Fiscal Year 2009-2010: $50.00 per month; Fiscal Year 2010-201 l : $75.00 per month; and Fiscal Year 2011-2012: $100 per month. 16 ARTICLE 10 CIVIL SERVICE COMMISSION Section 1. Commission It is the desire of the City and the Association to broaden the criteria qualifying persons eligible to serve on the commission. As a result, a person may be appointed to the commission who has held public office within the preceding three years provided that the public office held by the person was not an elected office. This article supercedes section 143.006(c)(5) of the Texas Local Government Code. 17 ARTICLE 11 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this Article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association should reduce the dispute to writing and deliver it to the City's designated representative, who shall be is Department head or designee. An Officer may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Grievance Committee. Each dispute shall be submitted on a form similar to the one attached as an exhibit to this Agreement, and must include, at minimum, the following information: (1) a brief statement of the dispute and facts or events on which it is based; (2) the section(s) of the Agreement alleged to have been violated; (3) the remedy or adjustment sought and; (4) the bargaining unit member's signature or, if filed by the Association, the signature of the Association Grievance Committee chairman or Association Press ent. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association within thirty (30) days of the date when the employee knew or reasonably should have known of the claim. Disputes by the Association or an Officer shall proceed along the following steps: Step 1. An aggrieved Officer must initiate a dispute with the Association Grievance Committee within thirty (3 0) calendar days of the date upon which the Officer know of or should have known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Grievance Committee within (3) business 18 days of the receipt of the dispute. The Association Grievance Committee shall within their sole discretion determine if a dispute exists. If the Association Grievance Committee determines that no dispute exists, it shall notify the Department head in writing that no further proceedings will be necessary. If the Association Grievance Committee determines that the dispute is valid, it shall within fifteen (15) business days after receipt of the dispute, proceed to Step 2 of the procedure. Step 2. Any dispute found to be valid by the Association Grievance Committee shall be submitted to the Department head within five (5) business days of the Step 1 decision. After receipt of the dispute, the Department head shall within thirty (3 0) days submit his response in writing to the Association Grievance Committee. The Department head may require by policy for submission of contract disputes within the Chain of command, but shall have a duty to determine the matter within thirty (30) days of its receipt from the Association. Step 3. If the dispute is not resolved in Step 2, the Association Grievance Committee may advance the dispute in writing to the City Manager or designee within ten (10) business days from receipt of the Step 2 decision by the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Grievance Committee within ten (10) business days of the receipt of the dispute. The City Manager or designee may, at his or her discretion, conduct a conference to further explore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within ten (10) business days. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolve at Step 4, the Association shall have ten (10) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association must deliver a letter indicating its selection for arbitration to the Department head. Section 3. Arbitration Opinion The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties except form this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitration, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining 19 history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statues or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal. If a dispute is submitted to arbitration, within seven (7) calendar days, the Department head and/or City and the Association shall select an arbitrator by alternately striking names from the Parties' pre-determined panel of six (6) qualified neutral arbitrators. The Association shall strike the first name under this article with the first dispute brought under this article. Thereafter, the first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this Agreement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his replacement form a mutually accepted list of three (3) arbitrators. In the event the Parties cannot mutually agree to a replacement, the remaining members of the panel will continue to serve for the duration of the Agreement. The arbitration should be held at the earliest available date, but maybe continued for good cause shown or upon mutual agreement. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex party communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which 20 exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contract to existing law. Section 5. Mutual Extension All deadlines within this article maybe extended by mutual agreement by the Parties. 21 ARTICLE 12 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2009, and shall remain in full force and effect through September 30, 2012. 22 ARTICLE 13 SAVINGS CLAUSE AND PREEMPTION PROVISION Section 1. If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. To this end, the provisions of this Agreement are severable. This Agreement maybe amended by written mutual agreement. Section 2. The provisions of this Agreement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.067 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superceding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. However, to the extent it may be shown to be necessary to go outside the four corners of the Agreement, the Negotiation History Document may be utilized to show the intent of the Parties. 23 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON, TEXAS (Approved by Denton City Council on of , 2009) By: Dated: GEORGE C. CAMPBELL CITY MANAGER By: Dated: JENNIFER VVALTERS CITY SECRETARY APPROVED: ROY MINTER JOHN KNIGHT POLICE CHIEF DEPUTY CITY ATTORNEY THE DENTON POLICE OFFICERS ASSOCIATION, (Ratified by DPOA Membership on of , 2009). By: TROY NIVENS PRESIDENT, DENTON POLICE OFFICERS ASSOCIATION By: Dated: VIRGINIA W. NICHOLS SECRETARY, DENTON POLICE OFFICERS ASSOCIATION 24 EXHIBIT A PANEL OF ARBITRATORS Norman B ennett Otis King Francis Quinn Bill Detwiler Donald Goodman John Barnard 25 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2009, on all taxable property within the corporate limits of the City on January 1, 2009, and adopting a tax rate for 2009; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. BACKGROUND The proposed tax rate of $0.66652 per $100 valuation is used to balance the FY 2009-10 Budget. This proposed tax rate represents no increase to the tax rate from the previous year. Of the proposed tax rate, $0.44765 will be applied to fund operations and maintenance in the General Fund and $0.21887 will be applied to fund General Fund debt service. The property tax exemptions provided by the City Council are also described in the attached ordinance. Per the direction of the City Council, the over 65 exemption has been increased from $25,000 to $30,000 in FY 2009-10. The over 65 exemption will also be increased by $5,000 each subsequent fiscal year until the exemption equals $50,000 in FY 2013-14. All other exemptions remain at the same level as in previous years. PRIOR ACTION/REVIEW The FY 2009-10 Budget was submitted to the City Council on July 31, 2009. A workshop to present the details of the Budget to the City Council was conducted on August 6th, August 18th, September 2nd, and September 15th. A public hearing on the Budget was held on September 1, 2009. Agenda Information Sheet September 22, 2009 Page 2 FISCAL INFORMATION The proposed property tax rate will generate $42,176,779, of which $28,326,885 will be used to fund operations and maintenance in the General Fund and $13,849,894 will be used to fund debt service. Respectfully submitted: Bryan Langley Director of Finance S:l~ur Z]ocumen~lOr~i~ancesl0~~a~ valorern tax.doc ORDINANCE NO. _ _ AN ORDINANCE OF THE CITY OF DENTON, TEAS, LEA TIC AD VALOREM PROPERTY TAB OF THE CITY OP DENTON, TEAS, FOR TIC YEAR ~a09, ON ALI~ TALE PROPERTY WITHIN THE CORPORATE LIMITS OF TIE CITY ON JAN~TARY 1, ~~~9, AND ADOPTING A TAB RATE FOR ZO~~; PROVIDING RENUES FOR PAYMENT OF CURRENT MU~NJC7PAL MAINTENANCE AND OPERATION EXPENSES AND FOR PAYMENT OF INTEREST AND PRINCIPAL ON OUTSTANDn~G CITY OF DENTON DEBT; PROW FOR LIMITED EXEMPT70N OF CERTAIN HOMESTEADS; PRO~IDIN FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A EVERABILTTY CLA~TSE; AND PROVIDn~x AN EFFECTIVE DATE. wI~REAS, aver notice of a public hearing on the budget was published in the DRC and pasted on the City' Internet web site and its public access tlevls~on channel as required by law on August ~a, ~aa~, the City Council of the City of Denton, Texas, ~Cxty} held one public hearing on the proposed budget. This budget will raise more fatal property taxes than last years budget by ~43,~ ~ ~ or °I~ and of that amount 1,8~~,1 l is tax revenue to be raised from new PraP~' added to the tax roll this year and the notice showing the effect of the proposed tax revenue increase was posted on the City's web site and the City's public access television channel and any additional notices and actions were completed, as required by lain; and wI~EREAS, this Ordinance sets a tax rate of ~.~52 that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the City that exceeds the amount of taxes unposed far that purpose xn ~~~5; and WHEREAS, the City Council deems it in the public interest to adopt a tax rate far the Zaa~ . tax year of a.~~~2; NOW, THEREFORE, THE COI~NCIL OF THE CITY OF DENTON HERESY ORDAINS. SECTION 1. The findings set forth in the preamble of tbi.s Ordinance are incorporated by reference into the body ofthis Ordinance as if fully set Earth herein. SECTION 2. By authority of the Charter of the City of Denton, Texas, and the Laws of the State of Texas, there 1s hereby levied and adopted for the tax year ~a~, on all taxable properly situated within the corporate limits of the City of Denton, Texas, an January 1, ~~a9, a tax rate of ~.~6~52 far each l a0 of taxable value. This tax rate is expected to increase fatal revenue frorri properties on the tax roll by ~.5~I~ over 2~~8 tax revenue. SECTION 3. Of the total tax rate, D.447~5 for each 1 as of taxable value is hereby included, adopted and shall be distributed to the General Fund of the City to fund maintenance and operation expenditures afthe City ~ accordance with Section ~~.a~{a}~~} afthe Texas Prvperty'Tax Cade and any other applicable laws. SECTION 4. Of the total tax rate, $~.~1857 for each $14~ of taxable value is hereby included, adopted and shall be distributed to pay the City's debt service as provided by Sections 2~.~4{e}~}{C} and 2.05{a~{l~ ofthe Texas Property Tax Cade and any other applicable laws.  I :lour ~cu~nent~lOrdinances1~91ad valorem tax.doc E~TIO~ THIS TAB RATE ALL RA►IE 1VIRE TAB FAR MAINTENANCE AND ~PERAT~~N TIC-A~.N L~,T SEA-i~' T~ RATE. ETI~N G. The pity 11~anager, or his designee, is directed to Include the following statement an the home page of the pity' ~ Internet website; THE QTY F DENTIN, TEAS, ADAPTED A TAB RATE THAT w~LL RAISE IVIRE TABS ~R NAN~E AND ~PERATIN THAN FAST SEAR' TAB RATE, E~TI~N 7, This budget will rare mare total property taxes than last years budget by 243,12 ar ~,5$% and of that amount 1,SG4,151 is tax revenue to be raised from new pro e . P - added to the tax roll this year and the notice show~r~ the effect of the proposed tax revenue increase was posted on the pity's web site and the pity's public access television channel anal any additional notices and actions were completed, a required by law. ET~~N S, Pursuant to Article S, ectian 1-b of the Texas constitution, and pursuar~.t to the provisions of ect~an 11.1~n} of the Texas Property Tax bode, one-half percent of the assessed value of residential harnesteads, ar 5,0~~ of the assessed value of residen~al hon~.esteads, whichever amount shall be greater, shall be exempt from pity ad valorem taxes. ETI~~ Pursuant to Article S, ectian 1-b of the Texas onstitutron, 3~,0~0 of the assessed value of residential homesteads of persons ~ years of age or alder shall be exempt from xty ad valorem taxes far The total amount of the assessed value of the exerraption prodded far in this section shall increase 5,~~0 annual increments until such time as a total exemption amount af5~,0001s attained in accordance with the fallowing: 2~1~ - 35,00 2011- X40,000 1 ~ - X45,000 2013 ~ 50,0D0 ETI~1~ 10. Pursuant to Article 8, ectian 1-b of the Texas anstitutl0n, 10,000 of the assessed value of residential homesteads of disabled persons shall be exempt from pity ad valarern taxes. ECT~~N 11, far enfarcernent of the collection of taxes hereby levied, the pity of Denton shall have available ail rights and remedies provided by law. ETI~N 12. If any section, subsection, paragraph, sentence, clause, phrase ar ward in this ~rdir~ance, or the app~icatian thereof to any person or cxrcun~stance is held invalid by any court of competent ~ur~sdiction, such holding shall not affect the validity of the remaining por~ians of this ordinance ar~d the pity council of the pity of Denton, Texas, hereby declares it would have enacted such rernaining partivns despite any such invalidity. ETI~N 13. This rdmance shall became effective im~nedlately u on Its assa a and p p g approval at a regular meeting of the pity auncil of the pity of Denton, Texas, an this the 22~~ day PACE ~ 4.aUl' ~_,A~~~'I,If71~PCiti f,_~l'1j111~?1'l~`~~ ~j°,l wlu E~l~~sl~~fll i:~1~.1:~i_l ti I p~ 4 ~~i ~~.~~~t~~~~l~~w~~ ~~~~~i~~~~ ~~~~~~1i~7~~ ~ ~~~~r~~r~7 ~_7~~~.~~~~a~~ ~~1~~1 t~~ 1~~~~~~~~~~~~ ~~~1~~ ~r~ i~~~~~)1'~~~~~1~"~' i~ ~ . , F~~r: 1ImI~~~ F~~I~~~~~`~`~. ~I~1w~' ~~FI~ I~~ ~~I~~4. l_F t.l~.~~ ~~~1I1~,,1 -,~._.w.~~_~. ~x~r~ ~~~r~~'~ I ~~~,~,l~.~s --_.__~rW.._ 1.~4~1~~~~~ ~:)1'~t~4~~i~~' ~_~__._r, ~I~1~~ ~~1~~~~`l~~r~:~l~ ti~ _.~G,.~.~ _  } AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving the 2009 tax rolls; and providing an effective date. BACKGROUND As a component of the budget process, the City is required by the Texas Property Tax Code to approve the tax roll on an annual basis. The tax levy is calculated by taking the 2009 Certified Appraisal Roll (excluding property values under protest) and applying the 2009 adopted tax rate. The anticipated collected rate is 100 percent. FISCAL INFORMATION The approval of the tax roll will enable the County to mail tax bills in October 2009. Respectfully submitted: Bryan Langley Director of Finance , ti:4, lily ~ ~i.~~ „l"~~.liQ ~ ~ Y'('~~111~1f1w'+~`, ~ jg},~;1~~ ~i_} ,tl~ti_Mti' m 1. ~v ~.J ~ ~T 4~ 1._: ~ ~ ~ ~ l l LJ" I ~ . ~ ' ~ ~ ~ 1~_ ,~7 ~ y ~ ~ ~ ' . ~ ~e_f ~ ~ { ~ C , 1_I.~! ~1`, ~ l~~ ~ ~t~, ~ ~~~~~~~111~~~~~~~~ t~~~° t~f~: ~~~.~1~~ ~~1 ~1~ ~ 1~~; ~~f`~~.°1~.t~~~~~ m..~~~ T~Y~Lz~. ~~i~~ ~~~~ll r~~~~1t i~~ t~~: 1~~~~- i~~~ ~~~~~~~~a~~~ ~.~~1~ ~~~'~1 1~~~~~~~ ~1~~ ~~'~~~~i~~~.~~~ I~~i~j~p~~~t, `~~.'~~_I_~i~,_~, T~~ ~~~~~~ll~~~~~~~~ ~~~~11 1~~5~°~~~~~~~ ~l`ik~~~~~~~.~ i~~~~~~~x~~~~~.t~yl~r ~~~~~~~~~F~ ~~i~~: L~ 1. 1-~ a ~ s a ~ 1 1.1 i' ~ k ~`Y. '+_'_J ~ ~,l i 1 .1. y M~~.~ f`1T ~.A 11 , Y.~. ~~r ~ k  my w AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2009- 2010 Annual Program of Services (Budget) and the first year of the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2009, and ending on September 30, 2010; and declaring an effective date. BACKGROUND The City Council received the City Manager's FY 2009-10 Proposed Budget on July 31, 2009. A workshop to present the details of the Budget was conducted on August 6, 2009. Further workshop discussions on the Budget were held on August 18, September 2, and September 15, 2009. A public hearing on the Budget was also held on September 1, 2009. During these Budget Work Sessions, the City Council directed staff to include the following adjustments in the Proposed Budget: ➢ Phase in the Jazz Fest permit fees over the next three fiscal years ($12,000 impact in FY 2009-10). ➢ Restore the funding for the Kiwanis fireworks show ($20,000). ➢ Restore the funding for the overtime reduction in the Fire Department ($144,897). ➢ Reduce the Fire Department budget according to the revised recommendations ($54,150). ➢ Restore the funding related to City Council contingencies ($10,500). ➢ In the Airport Gas Well Fund, reduce the funding for the Airport Entrance Project from the proposed amount of $455,000 to $50,000. In addition, the following changes are also being incorporated as a result of prior discussions and further review of the Proposed Budget. ➢ Eliminate $55,267 in funding to the Police Department related to new grant funded positions. This funding was contingent upon the City receiving a federal grant. Since the grant was not awarded to the City, this funding needs to be removed. ➢ Incorporate $206,446 in funding related to proposed Meet and Confer agreements for the Police and Fire Departments if ratified by the Police and Fire Associations and approved by the City Council. Agenda Information Sheet September 22, 2009 Page 2 Reduce the sales tax estimate to $21,262,423 for FY 2008-09, and $21,475,047 for FY 2009-10 (1 % increase above current year estimate), as a result of continued decline in collections for FY 2008-09. In summary, the General Fund expenditure budget for FY 2009-10 will increase from the proposed amount of $90,965,063 to $91,239,904. The below table indicates the changes that are being incorporated. FY 2009-10 Proposed Budget X90,965,063 Fire Reduction ($54,150) Police Reduction ($55,267) Restoration of Fire Overtime $144,897 Restoration of Fireworks Funding $20,000 Restoration of Council Contingency Funding $10,500 Meet and Confer Funding $206,446 Miscellaneous Changes $2,415 Total Revised FY 2009-10 Proposed Budget X91,239,904 The revised Proposed Budget is presented by fund in the attached Budget Resource and Expenditure Summary and Position Summary. FISCAL INFORMATION The total 2009-10 expenditure budget is listed by fund below: General Fund $91,239,904 General Debt Service Fund 17,985,687 Electric Fund 147,128,591 Water Fund 46,096,185 Wastewater Fund 24,553,693 Solid Waste Fund 19,538,374 Technology Services Fund 7,216,749 Materials Management Fund 6,978,929 Fleet Management Fund 10,478,650 Agenda Information Sheet September 22, 2009 Page 3 FISCAL INFORMATION (CONTINUED) Risk Retention Fund 2,450,692 Health Insurance Fund 16,114,970 Recreation Fund 1,330,157 Tourist and Convention Fund 1,382,665 Police Confiscation Fund 161,000 Traffic Safety Fund 181,000 Non-Airport Gas Wells Fund 1,958,992 Airport Gas Wells Fund 1,427,888 Parks Gas Well Fund 1,350,000 Tree Mitigation Fund 100,000 PEG Fund 118,222 McKenna Trust Fund 40,175 Total Operating Expenditures X397,832,523 Grant Program $3,070,070 Capital Improvements Program $162,756,344 TOTAL EXPENDITURES X563,658,937 EXHIBITS Budget Resource & Expenditure Summary Position Summary Ordinance Respectfully submitted: Bryan Langley Director of Finance BUDGET RESOURCE & EXPENDITURE SUMMARY 2009-10 2007-08 2008-09 2008-09 2009-10 RESOURCES ACTUAL BUDGET ESTIMATE * PROPOSED General Fund $ 83,548,657 $ 89,325,746 $ 87,745,777 $ 91,239,904 General Debt Service Fund 17,943,860 18,632,641 18,632,641 18,401,932 Electric Fund 137,888,911 219,443,847 136,225,488 151,152,370 Water Fund 37,692,584 41,502,268 38,103,581 46,096,185 Wastewater Fund 23,615,583 25,680,538 24,001,892 24,553,693 Solid Waste Fund 17,993,633 21,746,804 18,468,951 19,538,374 POSITION SUMMARY 2009-10 PERSONNEL 2007-08 2008-09 2008-09 2009-10 Full-Time Equivalents (FTE) ACTUAL BUDGET ESTIMATE * PROPOSED Neighborhood Services 220.81 230.81 226.81 226.81 Public Safety Programs 404.23 410.23 405.23 405.23 Transportation Programs 43.00 45.00 43.00 43.00 Economic Programs 5.00 5.00 5.00 5.00 Administrative Programs 73.13 78.13 78.13 80.88 TOTAL GENERAL FUND 746.17 769.17 758.17 760.92 PERSONNEL 2007-08 2008-09 2008-09 2009-10 Full-Time Equivalents (FTE) ACTUAL BUDGET ESTIMATE * PROPOSED Electric Fund 117.50 125.00 125.00 129.50 Water Fund 163.00 160.50 160.50 158.00 Wastewater Fund 82.87 84.87 84.87 86.37 Solid Waste Fund 88.00 93.75 93.50 93.50 Technology Services Fund 25.00 25.00 25.00 25.00 Materials Management Fund 12.50 13.50 13.50 13.50 Fleet Managment Fund 19.00 21.00 21.00 21.00 Risk Retention 5.00 5.00 5.00 5.00 Recreation Fund 21.84 21.84 21.84 21.77 TOTAL OTHER FUNDS 534.71 550.46 550.21 553.64 TOTAL ALL FUNDS 1,280.88 1,319.63 1,308.38 1,314.56 * Estimate as of May 2009 ~:l0ur Documen~slQr~ir~ances10~1Budg~t ~~~~~10 ~rd.doc ~RDIl~ANE N0. AN ORDINANCE GF THE CITY ~F DENTIN, TEA, AD~FTING THE FIAII YEAR ~0~9-dal ~ ANNUM} PROGRAM ~F SERVIE BUDGET} AND THE FIRST YEAR ~F THE CAPITAL IlR~vEMENT PROGRAM ~F THE CITY ~F DENTIN, TEXAS, FGR THE FISOAL YEAR BEGINNING DN OT~BER ~~09, AND ENDfiVG ON SEPTEMBER 3~, 10; AND DELARIl~G AN EFk'ETI~E DATE. wI~ERE,AS, notice of a public hearing on the Annual Program of Services far the Oity of Denton, Teas, far the Fiscal Year ~aa9-~~ ~ 0 Budget} was heretal'ore publlhed at least ten days ~ advance of said public hearing and such other notice was given in accordance with all applicable law; and WHEREAS, the proposed Budget way filed with the pity secretary and posted on the pity's Internet website in accordance with alr applicable haw; and WHEREAS, a public hewing on the sold Budget was duly held an September 1, Z~a~, and all rntereted persons were given an appartun.ity to be heard fir or aga~nt any Item thereof; and wI~REAS, on July 1 , the Public Ut1l~tles Board recommended the utrllty apera~ans budgets and capital improvements to be constructed during the coming year; and w~EREAS, the pity Manager has fun~ished a copy of the Planning and caning ~omn~issian's recommended general obligation bend capital improvements to each member of the pity ~auneil prior tQ the beginning of the Budget year and as provided by Section 1~.~~~ of the pity charter; New, THEREFORE, THE ~UNIL F THE rTY ~F DENTGN I~REBY RDAn~S: SETrON 1. The f~idings ~.ad recitations contained in the prearnble of this ordinance are incorporated herein by reference. SEOTION The Budget far the pity of Denton, Teas, far the fiscal year beg~ill~i.ng on October 1, ~~a~, and ending on September ~0, ~~10 prepared by .e pity Manager and filed with the pity Secretary, a amended by the pity council, is hereby approved and adapted, a copy of which Budget i attached hereto and incorporated by reference herein. SEOTI~N 3. The ~1ty council hereby appropnates from ava~Xble resources to the following funds: General Fund ~ ,~3~,9~4 General Debt Service Fund 17,98~,~57 Electric Fund 1~7,1~5,91 water Fund 46,09G,1 S wastewater Fund X4,53,9 alid waste Fund 1 5 3 ~,3 74 Technology Services Fund 7,~ 1 x,749 Materials Management Fund G,978,9~~  i ~:l0ur I]ocumer~tsl0r~ina~.ces1~91Bu~~et 209-I ~ Or~.doc Fleet ervxces Fund 1 p,47~,Ga Risk Retention Fund ~,45~,G~~ Flealth Insurance Fund 1 ~ 14,~'7~ Recreation Fund 1,3,17 Tourist ~ Convention Fund l,~S~,~ Police Confiscation Fund 1GI,~~~ Traffic ~ afety Fund 1 S l , 0~~ Non-Airpar~ C~as well Fund 1,55,~~~ Airport C~as well Fund 1,4Z7,$~8 Parks has well Fund 1,~5~,4~~ Tree Mitigation 1 ~0,~~~ PEA Fund 11 ~,2~~ Mclenna Trust Fund 40, ~ 7~ Toth. ~pe~r~ting ~xpe~dr~ure~ $3~7,~2,~23 grant Program ~707~,070 Capital Improvements Program 1 ~~,7~~,~4~ TOTAL ~XP~NIIITUI~E GAS 9 BCTIDN' 4. The City Council approves the first year of the capital improvements prapased to be constructed during the forthcoming year, which are incorporated xn the ~a~9~~DI~ Budget. BCTION 5. The Budget Includes certain unlisted, authored and unpaid encumbrances from the prior fiscal year to be carried over to the ~~~9-a 10 Budget as determined by the City Manager or his designee. BCTION . The City Council hereby ratifies all pr~.ar transfers made under the direction of the City Manager far the current and prior fiscal years pursuant to Article , section 8.a7 of the City Charter of the City of Denton. At anytime during the fiscal year, the City Manager may transfer any part of the unencumbered appropriation balance or the enure balance thereof between programs or general classifications ar expenditures within fund that has been appropriated by the City Council. For the purpose of this ordinance, the City Council defines an organizational u~.t as Set forth 1n Article VIII, Section S.a7 of the City Charter, to be a fund that has been appropriated b the City Council. ~CTID~ The City Council fords a public and municipal purpose in retaining dedicated and exceptional employees. Accordingly, the C1ty Council authorizes aone-thee lump sum payment, not to exceed ~°I~ of the base pay, far each employee of the City of Denton, excluding COUri~Il appointees. SBCTI~N S. The City Manager, or his designee, shall cause copies of the Budget to be filed with the City secretary, County Clerk of Denton County, and the state Comptroller of Public l~ccaunts in Austin, Texas, and shall post a copy of the Budget as hereby adopted on the City's Internet website in accordance with applicable law. ECTIO 9. This ordinance shall become effective xn~ediately upon its passage and approval at a regular meeting of the City Council of the City of Denton, Texas, on this the ~2na day of September Z0~9, at which meeting a quorum was present and the meetin was held in g accordance with the provisions of Tex. Cov't Code 551.~~1, ~t, seq. The City Secretary is hereby directed to record this ordinance and the vote to adapt the Budget. PACfi 2  i JLII L)ISt°IElll~']11~ I,_.?I~111~111t:G'~~ ~,Ptp 1~ll~jY.'CI ~f p~~,~p ~ ~_~I~].+~~.~~' _ . a ~_~~1tll"~~'~' ~~~~111~, - ,_R. - ~~ri ~~'~~C~:. _..a~ _ ,  ~f ~T . ' AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2009-2010 Annual Program of Services (Budget) for the fiscal year beginning October 1, 2009, and ending on September 30, 2010 when the Budget will raise more revenue from property taxes than last year's budget; and providing an effective date. BACKGROUND Chapter 102 of the Local Government Code (LGC) requires certain provisions to be taken when the adoption of a budget will require raising more revenue from property taxes than in the previous year. Specifically, Chapter 102.007 Section C of the LGC states: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The FY 2009-10 Proposed Budget will require raising more revenue from property taxes than in the previous year. Because of this, the City Council is required to take separate action to vote to ratify the property tax increase in the budget. FISCAL INFORMATION The FY 2009-10 proposed tax rate is $0.66652 per $100 valuation. While the tax rate is not proposed to increase from FY 2008-09, the FY 2009-10 Proposed Budget will generate approximately $243,612 or 0.58 percent more property tax revenue than 2008-09. This property tax revenue increase is primarily related to additional value from new construction over the past year. Respectfully submitted: Bryan Langley Director of Finance s:lo~ ~ocumentslnrdinancesl~~lra~fy budget.doc ORD~NANE AN ORDINANCE OF THE 1TY OF DENTON~, TEA, RAT~FYIN~ THE ADOPTION OF THE F~Af, YEAR ~~~9 - 2a 1 ~ ANNUAL PROGRAM OF ERVIE ~BC~ET} FOR THE FIAL YEAR BECIl~NINC ON OCTOBER ~~9, AND ENDING ON SEPTEMBER X010 wHEN" THE B~TDET wILL RAISE l1~ORE REVENUE FRO~VI PROPERTY TABS THAN LAST YEAR'S BUDGET; AND PROVIDIl~C AN EFFECTIVE DATE. WHEREAS, the pity council of the pity of Denton, Texas, has previously on this day of September 22, Za~9 adapted the Fiscal Year 2~1~ Annual :Program of Services Budget} for the pity of Denton and set a tax rate far xn separate votes and actions; and wHEREA.S, this Budget will rase rrzoare revenue from property taxes than last year's budget; and WHEREAS, Section ~ ~.~~'7 of the Texas Loeal ovezx~ent bode requires the pity council to tape a separate vote to ratify the property tax increase re~.cted ~ the Budget when it will rare more total property taxes than last year' ~ budget; NOW, THEREFORE, THE COUNII~ OF THE CITY OF DENTON HEREBY ORDAINS: ETION 1. The findings set Earth in the preamble of this Ordinance are incorporated into the body of this Ordinance as if fully set forth herein. SET~ON The pity council hereby ratifies the adoption of the pity of Denton Fiscal Fear X009-~O1 ~ Annual Pra a of Services u~ ~t that wl.~~ n1O tOta~ r taxi t1~an last gar' B~ t ~ ~ ~ o~ °Io and ~f that amount 541 1 i~ tax r~~nu~ t~ b raie from new p~~p~~'ty ~ tO t tax t 1S with a total tax rate of ~.~G65~ per 1 of taxable value. The pity council hereby ratifies the property tax increase ref ~ected r~. the Budget. SECTION This Ordinance shall beea,e effective i~riediately upon Its passage and approval at a regular meeting of the pity ounc~l of the pity of Denton, Texas on this the 2~na day September Z~~, at which meeting a quaru~n was present and the meeting was held in accordance with the provisions of Tex. Cov't bode ~ 51.a~1, seq. The pity Secretary i hereby directed to record this Ordinance and the vote to ratify approval of the adoption of the Budget that will raise more revenue franc property taxes than last year's budget. PASSED AND APPROVED th1 the day of , L~0r ~1 ~VRi~OU V  i ~7 ~~MLII ~1t.1~;~r1li4RIlE'~ G_~~t~lll ~II~"~`w; Il°I l°~1311`~` ~:11,I~,'?~'1,~1~.r~ i 1. F.J. ~ ~ k_ ~ ~.,,,J ~ ~ i„l ~ y ~ Y ~I.. 1 r y' ~ rl..~'" ~ ~ ~...1.. 'Y~ ~`l.-f l~' ~ .4 ~~.1~7~°~l i~~~y17~~~~- ~~r~~~~i~~ n~~~~~r ~ ~~~~1~~y1~'~~~~~i~7 ~ ~["l~~r~41~~~~ _H~.3~~~~z7 _ ~ _.n.__ ~(~17 ~~j1'~~,'(~1'~r _,_..w.~~.~~W__ _ 11:7.7. ~"~ll~',~~~~~"+~'il~It ~117i'l~, ~~~~~1~` _ ..r.. ~ ~mm 1~~~1~~ ~.~~~77~, 1~~~~~'~~I" ~"14i ~ t~'~77 - m w_._ ~w  i AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Utilities Administration CM/ACM: Howard Martin, 349-8232 ~ SUBJECT Consider approval of the Electric, Water, Wastewater, Solid Waste, Miscellaneous Fees, Deposits, Billing and Procedures, and Engineering Fees Ordinances for FY 2009-10. The Public Utilities Board Recommends approval (5-0). BACKGROUND The proposed FY 2009-10 Utilities rate and fee ordinances were approved by the Public Utilities Board (PUB) on August 10th, 2009. Exhibit VII provides the minutes of that PUB meeting. The PUB has recommended no base rate changes to the proposed electric, water, wastewater, solid waste, miscellaneous and engineering fees rate ordinances but has recommended minor changes to various utilities ordinances. None of the proposed ordinance changes have a material impact on utility revenues and will affect few customers. On August 14th, 2009 Staff provided Council a narrative summary of the proposed ordinance changes along with a redline version of the rate or fee ordinances that identified the existing sections and highlighted the proposed changes. Subsequent to the August 10th PUB approval of the rate and fee ordinances and the August 14th memorandum to Council outlining the proposed changes, Staff has proposed two additional changes to the water rate ordinance. Council was provided a memo on September 4th, 2009 that summarized these two recommended changes to the water rate ordinance. The PUB reviewed these two proposed water ordinance changes at the September 14th, 2009 PUB meeting, approved the Staff recommendation and recommended adoption by the City Council. These two changes are described in the Water Rate Ordinance summaries shown below. SUMMARY OF PROPOSED UTILITY RATE AND FEE ORDINANCES ELECTRIC RATE ORDINANCE -The proposed ordinance incorporates two changes to the existing electric ordinance that were made by separate ordinance 2008-301 in December, 2008. The Greensense Energy Efficiency Rebate Program schedule (GRP) is added and wording changed for clarification. The Distributed Generation From Renewable Sources Rider schedule (DGR) was amended in December, 2008 and is incorporated into the basic electric ordinance. The existing ordinance is further changed by eliminating the Special Event Service schedule (SE), which is no longer applicable. The Energy Cost Adjustment (ECA) rate will be reviewed quarterly to determine if a change in the rate is appropriate based on changes in energy costs. WATER RATE ORDINANCE Schedule WRW -Wholesale Raw Water Service to Upper Trinit~gional Water District (WRW. The proposed ordinance includes changes to the Wholesale Raw Water Service to Upper Trinity Regional Water District (WRW) rate which, by contract, is set at 85% of the wholesale raw water rate charged to Denton by the City of Dallas. The proposed ordinance includes changes to the originally proposed WRW rate. The original proposed rate approved by the PUB and recommended to Council for adoption represented an increase of approximately 5.1 from $0.4032 to $0.4236 per 1,000 gallons. Dallas subsequently lowered its raw water rate, which in turn reduced the rate Denton charges UTRWD. The new proposed WRW rate is $0.4225 per 1,000 gallons, an increase of approximately 4.8%. Schedule WCL -Wholesale Raw Water Pass-Through to Upper Trinity Regional Water District. By contract, adjustments to this rate are based on annual changes to the all urban consumer price index (CPI-U). Based on a 1.4% decrease in the consumer price index as of June 30, 2009, the FY 2010 rate is proposed to decrease from $0.0238/1,000 gallons to $0.0235/1,000 gallons. Water Tap and Meter Fees -The following changes to tap and meter fees are proposed, which were last updated in October, 2003. One change from the original fee increases approved by the PUB and provided by memo August 14th to the Council relates to the 1 1/2 inch water tap with meter fee (paved street). The original recommendation was to increase the fee from $2,055 to $2,400. The revised recommendation is to increase the 1 1/2 inch water tap with meter fee to $2,200, an increase of approximately 7.1 % above the existing fee. Water Taps with Meters Current Rate Proposed Rate Size Paved Un aved Paved Un aved 3/4" $1,410 $ 595 $1,600 $ 650 1.0" 1,625 730 1,700 750 1.5" 2,055 1,085 2,200 1,200 2.0" 2,275 1,410 2,500 1,500 Water Line Taps Current Rate Proposed Rate Size Paved Un aved Paved Un aved 4.0" $2,705 $1,625 $2,900 $1,750 6.0" 2,920 1,895 3,100 2,000 8.0" 3,895 2,815 4,100 3,000 12.0" 4,865 3,730 5,100 4,000 WASTEWATER RATE ORDINANCE - No changes are proposed. SOLID WASTE RATE ORDINANCE - In addition to a few text revisions for clarification, changes are proposed for the following rate schedules: Schedule SWC -Commercial Solid Waste Collection Service The recommendation is to establish new "No Parking Zone" fees for containers located in right-of way. The purpose of these zones is to prevent a container from being blocked by another vehicle, therefore eliminating additional service fees that would be charged to the customer. If containers are blocked, the customer will not be charged a fee to return to service the container. The initial application and annual renewal fees vary according to single length or extra length zones: Sin lg e Len tg_h Extra Length Initial Calendar Year Fee $175.00 $ 350.00 Annual Renewal Fee $ 2.80/month $ 5.50/month Schedule SWC&D -Construction, Deconstruction, and Demolition Materials Services The C&D landfill volume charges for uncontaminated loads of mixed or sorted recyclables are proposed to be revised to add a new category "Mixed C&D Materials Processing Fee" at a charge of $5.00 per cubic yard. The charge for "Uncompacted Materials" is proposed to be reduced from $7.00 per cubic yard to $5.00 per cubic yard. Schedule SWP -Collection and Transportation Services Permit The service fee for each category is proposed to increase to 5% versus 4% of gross revenue received for services provided within the city limits. This revision is based on the change to the franchise fee paid by Solid Waste from 4% to 5% effective in FY 2010. The 5% of gross revenue charge is also proposed to be added to the "Small Operators" section of the ordinance. The annual application fee and service fee per vehicle charged to small C&D operators is proposed to increase from $100.00 to $200.00. Schedule SWL -Sanitary Landfill Services The description of fire charges is revised to identify whole street tires at less than 31" in diameter, 31" to less than 42", and all off road tires and street tires greater than 42" in diameter. The charges for each of these three categories remain unchanged. MISCELLANEOUS FEES AND CHARGES ORDINANCE -One new charge is proposed to be added to the Account Connection and Reconnection Charges schedule, and wording in the Service Deposits section is added to clarify the residential customer deposit amount. New Customer Application Charge - A $3.00 application charge is added and is applicable when a customer requests new service or is added to an existing account and a customer provides social security information to verify identity and credit history. Service Deposits -The application wording of a deposit charge for residential customers is clarified to state that the deposit amount is equal to $150.00 or 1/6 of the last 12 months of billing at the service location, "whichever is rg eater." If utility service is disconnected for non- payment, the customer will be required to pay a deposit sum "equal to" 1/6 of the last 12 months of billing at the service location. This language brings the residential customer application in line with the commercial customer application. ENGINEERING FEES ORDINANCE - No changes to the Engineering Fees ordinance are proposed. RECOMMENDATION Staff recommends approval of the proposed Utilities rate and fee ordinances with an effective date of October 1, 2009. EXHIBITS 1. Proposed FY 2009-10 Electric Rate Ordinance 2. Proposed FY 2009-10 Water Rate Ordinance 3. Proposed FY 2009-10 Wastewater Rate Ordinance 4. Proposed FY 2009-10 Solid Waste Rate Ordinance 5. Proposed FY 2009-10 Miscellaneous Fees, Deposits, Billings and Procedures Ordinance 6. Proposed FY 2009-10 Engineering Fees Ordinance 7. PUB Meeting Minutes, August 10, 2009 8. PUB meeting Minutes, September 14, 2009 Respectfully submitted: ~ ,ti .'r Howard Martin, ACM Ut111t1eS ORDINANCE N0.2009- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE N0.2008-211 FOR ELECTRIC SERVICE; DELETING ENERGYSAVE PROGRAM (SCHEDULE EP); INCORPORATING ORDINANCE N0. 2008- 301 TO ADD AND AMEND GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM (SCHEDULE GRP); AND AMEND DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (SCHEDULE DGR); DELETING SPECIAL EVENT SERVICE (SCHEDULE SE); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Schedule of Rates for electrical services as provided for in Chapter 26 of the City of Denton Code of Ordinances, is amended to read as follows: ELECTRIC RATE SCHEDULES PAGE RES Residential Service 2 RG Residential Renewable Energy Service 4 GSS General Service Small 6 GSM General Service Medium 8 GSL General Service Large 10 TGS General Service Time of Use 12 G 1 Local Government 15 WK Weekend Service 17 AF Athletic Field 19 LS Street Lighting 21 LT Traffic Lighting 22 UFL Unmetered School Zone/Crossing Flashers 23 ULT Unmetered Traffic Lighting 24 LO Other Lighting 25 DD Security Lighting 27 DDL Decorative Downtown Lighting 29 DSL Non Standard Street Lighting 30 Tl Temporary Service 32 IDR Industrial Development Rider 34 GRP GreenSense Energy Efficiency Rebate Program 36 UPS Uninterruptible Power Supply 37 ECA Energy Cost Adjustment 38 RCA Renewable Cost Adjustment 40 DGR Distributed Generation From Renewable Sources Rider 42 IWG Independent wholesale Generator Rider 44 CGR Commercial Renewable Energy Service Rider 47 SFR Special Facilities Rider 49 DFR Dark Fiber Rate 50 1 SCHEDULE RES RESIDENTIAL SERVICE (Effective 10/O l /09) 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 WINTER SUMMER Billing months of Billing months of November through April May through October (1) Facility Charge Single-Phase $ 8.25/bill $ 8.25/bill Three-Phase $16.50/bill $16.50/bill plus; (2) Energy Charge per billing period First 600 kWh 5.70¢/kWh Additional kWh 3.79¢/kWh All kWh 5.70¢/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA See Schedule ECA MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Facility Charge Three-Phase Facility Charge 2 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge =kWh in rate block x Rate per kWh in rate block TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subj ect 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 (l o) business days after issuance. 3 SCHEDULE RG RESIDENTIAL RENEWABLE ENERGY SERVICE (Effective 10/0 l /09) 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 WINTER SUMMER Billing Months of Billing Months of November through April May through October (1) Facility Charge $ 8.25/bill $ 8.25/bill Three-Phase $16.50/bill $16.50/bill plus; (2) Energy Charge per billing period First 600 kWh 5.70¢/kWh All Additional kWh 3.79¢/kWh All kWh 5.70¢/kWh plus; (3) Renewable Cost Adjustment Charge See Schedule RCA See Schedule RCA TERM Customers wishing to receive Renewable Energy Service must sign a Residential Renewable Energy Agreement and commit to accept this service for a minimum term of 6 months. At the end of each 6 month period, a customer's Renewable Energy Service will be extended for another 6 month period unless that customer provides a written request to terminate that service to the City of Denton Customer Service Department 15 days prior to the end of the then-current 6-month participation period. 4 MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Facility Charge Three-Phase Facility Charge ENERGY CHARGE Billing for the energy charge shall be based on actual kWh consumption during the billing period. Energy Charge =kWh in rate block x Rate per kWh in rate block TYPE OF SERVICE The City will supply single-phase service (or three phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (lo) business ays a er issuance. 5 SCHEDULE GSS GENERAL SERVICE SMALL (Effective 10/0 l /09) APPLICATION The General Service Small (GSS) rate is applicable to any commercial or industrial customer having a maximum demand of less than 20.9 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 exceeds 20.9 kW, billing will be made under the Rate Schedule GSM and Customer must remain on the GSM rate for a minimum of twelve (12) billing periods. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $21.10/bill plus; (2) Energy Charge per billing period First 2,500 kWh 7.02¢/kWh Additional kWh 3.67¢/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Facility Charge Three-Phase Facility Charge ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block x Rate per kWh in rate block 6 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, subj ect 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 (lo) business ays a er issuance. 7 SCHEDULE GSM GENERAL SERVICE MEDIUM (Effective 10/0 l /09) APPLICATION The General Service Medium (GSM) rate is applicable to any commercial or industrial customer having a maximum demand of at least 21 kW in any one of the previous twelve (12) months but less than 250 kVA in each of the previous twelve (12) months for all electric service supplied at one point of delivery and measured through one meter. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $21.10/bill plus; (2) Demand Charge $4.00/kW (all kW) plus; (3) Energy Charge per billing period First 6,000 kWh 4.43 ¢/kWh Additional kWh 3.66¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) The Facility Charge, plus; (2) The Demand Charge 8 DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) the actual monthly kW demand as measured during the fifteen (15) minute period of maximum use each month; or (2) seventy percent (70%) of the maximum monthly actual demand for any month during the previous billing months of May through October in the twelve (12) months ending with the current month. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block x Rate per kWh in rate block PRIMARY SERVICE DISCOUNT Customers who receive service at secondary voltage (GM 1) shall receive no Energy Charge discount. Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage (GM2) shall receive an Energy Charge discount of 0.1 ¢/kWh. Customers who own, operate, and maintain all facilities necessary to receive three-phase primary voltage service and all transformation facilities required for conversion to utilization voltage (GM3) shall receive a Energy Charge discount of 0.3 ¢/kWh. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subj ect 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 ays a er issuance. 9 SCHEDULE GSL GENERAL SERVICE LARGE (Effective 10/O l /09) APPLICATION The General Service Large (GSL) Rate is applicable to any commercial or industrial customer having a minimum actual demand of 250 kVA for all electric service supplied at one point of delivery and measured through one meter. Customers other than commercial and industrial may be allowed service under this rate, subject to the minimum billing provision. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHLY RATE (1) Facility Charge $65.55/bill plus; (2) Demand Charge $9.33/kVA (Minimum of 250 kVA billed) plus; (3) Energy Charge per billing period First 200,000 kWh 2.14¢/kWh Additional kWh 1.21 ¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) The Facility Charge, plus; (2) The Demand Charge 10 DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) the actual monthly kVA demand as measured during the fifteen (15) minute period of maximum use each month; or (2) 250 kVA; or (3) seventy percent (70%) of the maximum monthly kVA actual demand for any month during the previous billing months of May through October in the twelve (12) month period ending with the current month. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block x Rate per kWh in rate block PRIMARY SERVICE DISCOUNT Customers who receive service at secondary voltage (GL 1) shall receive no Energy Charge discount. Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage (GL2) shall receive an Energy Charge discount of 0.1 ¢/kWh. Customers who own, operate, and maintain all facilities necessary to receive three-phase primary voltage service and all transformation facilities required for conversion to utilization voltage (GL3) shall receive an Energy Charge discount of 0.3 ¢/kWh. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subj ect 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 ays a er issuance. 11 SCHEDULE TGS GENERAL SERVICE TIME OF USE (Effective 10/0 l /09) APPLICATION Applicable to any customer having a minimum demand of 250 kVA for all electric service supplied at one point of delivery and measured through one meter, with the City providing all facilities necessary to receive primary voltage service. Customers electing this rate must remain on this rate for a minimum of twelve (12) continuous billing months. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHLY RATE (1) Facility Charge $76.45/bill plus; (2) On-Peak Demand Charge $11.87/kVA plus; (3) Off Peak Demand Charge $2.34/kVA plus; (4) Energy Charge per billing period 0.71 ¢/kwh plus; (5) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) The Facility Charge, plus; (2) The Off Peak Demand Charge, plus; (3) The On-Peak Demand Charge 12 DEFINITION OF ON-PEAK HOURS The City's on-peak hours, for the purpose of this rate schedule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday, for the months of June through September excluding Independence Day and Labor Day. The City's on-peak hours may be changed from time to time. DEFINITION OF OFF-PEAK HOURS The City's system (off peak) hours, for the purpose of this rate schedule, shall be all hours not designated as on-peak hours. DETERMINATION OF ON-PEAK DEMAND The demand used in calculating the On-Peak Demand Charge for the billing period shall be the greater of: (1) the kVA actual demand supplied during the fifteen (15) minute period of maximum use each month during on-peak hours as recorded by the City's demand meter, or (2) one hundred percent (100%) of the actual maximum on-peak demand similarly determined during the billing months of June through September in the twelve (12) months immediately preceding the current month. The On Peak Demand Charge will be applied to each billing period. DETERMINATION OF OFF-PEAK DEMAND The demand used in calculating the Off Peak Demand Charge for the billing period shall be the actual kVA demand supplied during the fifteen (15) minute period of maximum use during off peak hours each month as recorded by the City's demand meter. The Off Peak Demand Charge will be applied to each billing period. DETERMINATION OF DEMAND BILLING FOR CUSTOMERS WITH NO PEAK DEMAND HISTORY DURING OFF-PEAK MONTHS If the Customer is new or does not have a history of on-peak use for June through September, and elects to accept service on the TGS rate, the Customer's billed demand shall be the off peak demand billed at the GSL demand rate. The off peak demand will be billed every month at the GSL rate until the customer establishes a separate on-peak and off peak demand during an on-peak month. At this time, both on-peak and off peak demand will then begin billing at the TGS rate. PRIMARY SERVICE DISCOUNT Customers who receive service at secondary voltage (TG 1) shall receive no Energy Charge discount. Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage (TG2) shall receive an Energy Charge discount of 0.1 ¢Ikwh. Customers who own, operate and maintain all facilities necessary to receive three-phase primary voltage service and all transformation facilities required for conversion to utilization voltage (TG3) shall receive an Energy Charge discount of 0.3 ¢Ikwh. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. 13 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh x kWh Rate TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subj ect 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 (lo) business ays a er issuance. 14 SCHEDULE G1 LOCAL GOVERNMENT SERVICE (Effective 10/0 l /09) APPLICATION Applicable to any local City, County or School District for all electric service supplied at one point of delivery and measured through one meter. This rate is not applicable to resale service in any event, or to temporary, standby or supplementary service. NET MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $21. l0/bill plus; (2) Demand Charge $6.81/kW plus; (3) Energy Charge 3.15¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) Facility Charge, plus; (2) Demand Charge DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) The actual kW demand supplied during the fifteen (15) minute period of maximum use during the current month as determined by City's demand meter; or (2) not less than 50% of the highest monthly actual demand determined during the billing months of May through October in the twelve (12) months immediately preceding the current month. 15 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing perlo . Energy Charge = kWh x kWh Rate TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (l o) business days after issuance. 16 SCHEDULE WK WEEKEND SERVICE (Effective 10/0 l /09) APPLICATION Applicable to any commercial and industrial user whose maximum demand load occurs during the period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a demand load during the period from Sunday 12 midnight through Thursday 12 midnight that exceeds 80% of the maximum demand load. Customers who violate the 80% requirement more than four (4) times during the month, or more than twice on the same day of the week, during the months of June through September, are ineligible for service under this rate for twelve (12) months. This rate is not applicable to resale service in any event, or to temporary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Single-Phase $20.86/bill Three-Phase $26.08/bill plus; (2) Demand Charge $6.72/kW (First 20 kW not billed) plus; (3) Energy Charge per billing period First 2,500 kWh 7.02¢/kWh Next 3,500 kWh 3.67¢/kWh Additional kWh 2.70¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING (1) Facility Charge plus; (2) Demand Charge 17 DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) the actual kW demand supplied during the fifteen (15) minute period of maximum use during the current billing period as determined by the City's demand meter less 20 kW; or (2) zero (0). ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block x Rate per kWh in rate block TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subj ect 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 ays a er issuance. 18 SCHEDULE AF ATHLETIC FIELD (Effective 10/O l /09) APPLICATION Applicable to all electric service metered at one point for use to light specified areas for athletic events. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Single-Phase $21.07/bill Three-Phase $31.60/bill plus; (2) Energy Charge per billing period Billing months of June through September: Peak (2:00 PM to 7:00 PM) 7.96¢/kWh Off Peak (All Other Hours) 3.98¢/kWh Billing months of October through May: All hours 3.98¢/kWh plus; (3) Demand Charge Billing months of June through September: Peak (2:00 PM - 7:00 PM) $4.94/kW Off Peak (All Other Hours) $1.17/kW Billing months of October through May: All hours $1.17/kW plus; (4) Energy Cost Adjustment Charge See Schedule ECA 19 MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Facility Charge Three-Phase Facility Charge DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the actual kW demand supplied during the fifteen (15) minute period of maximum use during the current billing period as determined by the City's demand meter. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block x Rate per kWh in rate block TYPE OF SERVICE The City will supply single-phase or three-phase service at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business ays a er issuance. 20 SCHEDULE LS STREET LIGHTING (Effective 10/0 l /09) APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE (1) Facility Charge Rate Luminaire TXpe Facility Charge LSA 100 W Sodium Vapor $5.15/bill LSB 250 W Sodium Vapor $7.30/bill LSC 400 W Sodium Vapor $9.19/bill plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Bulb Wattage Factor where the following Bulb Wattage Factors apply); Rate Luminaire Type Bulb Watta e Factor LSA 100 W Sodium Vapor 48 kWh LSB 250 W Sodium Vapor 105 kWh LSC 400 W Sodium Vapor 159 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 ays a er issuance. 21 SCHEDULE LT TRAFFIC LIGHTING (Effective 10/0 l /09) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signa s. NET MONTHLY RATE (1) Energy Charge per billing period 5.62 ¢/kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA ENERGY CHARGE Billing for the energy charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh x kWh Rate TYPE OF SERVICE The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business ays a er issuance. 22 SCHEDULE UFL UNMETERED SCHOOL ZONE/CROSSING FLASHERS (Effective 10/0 l /09) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered school zone/crossing flashers. NET ANNUAL RATE (1) Energy Charge per billing period 5.62 ¢/kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA ENERGY CHARGE Billing for the energy charge shall be based on historical recorded annual kWh consumption. The total billed usage divided by number of school zone/crossing flashers will determine the average kWh usage. This average consumption will be billed for each school zone/crossing flasher once every twelve (12) months at the end of the fiscal year. Any accounts that are added during the year will be billed on prorated consumption. Energy Charge = kWh x kWh Rate Annual Usage = 48 kWh per account TYPE OF SERVICE The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business ays a er issuance. 23 SCHEDULE ULT UNMETERED TRAFFIC LIGHTING (Effective 10/0 l /09) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered traffic signa s. NET ANNUAL RATE (1) Energy Charge per billing period 5.62 ¢/kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA ENERGY CHARGE Billing for the energy charge shall be based on historical recorded annual kWh consumption. The total billed usage divided by number of lighted intersections will determine the average kWh usage. This average consumption will be billed for each lighted intersection once every twelve (12) months at the end of the fiscal year. Any accounts that are added during the year will be billed on prorated consumption. Energy Charge = kWh x kWh Rate Annual Usage = 904 kWh per account TYPE OF SERVICE The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business ays a er issuance. 24 SCHEDULE LO OTHER LIGHTING (Effective 10/O l /09) APPLICATION Applicable to Texas Department of Transportation unmetered and metered safety lighting systems and continuous lighting systems as those terms are defined in Texas Administrative Code, Title 43, Part 1, Chapter 25, Subchapter A, Rule §25.11. DEFINITION The following definitions apply to this Schedule LO: Hours of Operation Per Billing Period = 333 hours Bulb Wattage is the rated wattage of the luminaire bulb NET MONTHLY RATE LOA (Unmetered Lighting) (1) Energy Charge per billing period 5.62 ¢/kWh plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Bulb Wattage/1000) x (Hours of Operation Per Billing Period) ENERGY CHARGE LOA (Unmetered Lighting) Billing for the Energy Charge shall be based on estimated kWh consumption during the billing period. Energy Charge = (kWh Rate x Bulb Wattage/1000) x (Hours of Operation Per Billing Period) NET MONTHLY RATE LOB (Metered Li~~~ (1) Energy Charge per billing period 5.62 ¢/kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA 25 ENERGY CHARGE LOB (Metered Lighting) Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh x kWh Rate TYPE OF SERVICE The City will supply single-phase, sixty (60) cycle service at 120 or 24o 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 (lo) business ays a er issuance. 26 SCHEDULE DD SECURITY LIGHTING (Effective 10/0 l /09) 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 $ 8.14/bill DSB 250 W Sodium Vapor $10.76/bill DSC 400 W Sodium Vapor $12.97/bill DHA 250 W Metal Halide $12.65/bill DHB 400 W Metal Halide $15.07/bill plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); Rate Luminaire Type Bulb Watta . e Factor DSA 100 W Sodium Vapor 48 kWh DSB 250 W Sodium Vapor 105 kWh DSC 400 W Sodium Vapor 159 kWh DHA 250 W Metal Halide 105 kWh DHB 400 W Metal Halide 159 kWh TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled, metal halide or sodium vapor lighting fixtures conforming to the City's standards and subject to its published rules and regulations. Where necessary for proper illumination or where existing poles are inadequate, the City will install or cause to be installed, one (1) wood pole with the necessary lighting hardware and overhead conductor for each installed light, at a distance not to exceed eighty (80') feet from existing lines, at no charge to the Customer. Additional contractual arrangements between the City and the customer, 27 subject to the Special Facilities Rider, may be required where the eighty (80') feet distance limit is exceeded or service of the type desired by the Customer is otherwise not available at the point of service. TERM OF CONTRACT A two (2) year contract shall be agreed to and signed by each Customer desiring Security Lighting Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied to the Customer's monthly municipal utilities bill. In the event that a Customer requests the removal of the unit or discontinuance of the service prior to completion of two (2) years, the remainder of the contract period shall become due and payable. After the end of the initial two (2) year contract, service shall continue on a month-to-month basis and may be canceled by either party upon thirty (30) days notice. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business ays a er issuance. 28 SCHEDULE DDL DOWNTOWN DECORATIVE DOWNTOWN LIGHTING (Effective 10/0 l /09) APPLICATION Applicable to any Customer requesting service on the perimeter of the historic County Courthouse Square located in downtown Denton and served by the City's existing electric distribution system for outdoor area lighting at said location. NET MONTHLY RATE (1) Facility Charge $4.04/bill plus; (2) Energy Cost Adjustment (Current ECA per Schedule ECA) x (350 kWh per Customer) TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to the City's standards and subject to its published rules and regulations. The service is provided between dusk and midnight. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business ays a er issuance. FACILITY CHARGE The Facility Charge shall be assessed on each bill rendered. 29 SCHEDULE DSL NON-STANDARD STREET LIGHTING (Effective 10/0 l /09) 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 subj ect lights, including but not limited to payment of all applicable energy charges. NET MONTHLY RATE (1) Energy Charge 5.62 ¢/kWh Energy Charge = (kWh Rate) x (Bulb Wattage Factor) plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); Rate Luminaire Type Bulb Watta. e Factor DLSA 100 W Sodium Vapor 48 kWh DLSB 250 W Sodium Vapor 105 kWh DLSC 400 W Sodium Vapor 159 kWh DLHA 250 W Metal Halide 105 kWh DLHB 400 W Metal Halide 159 kWh Other -For any lamp types installed by owner that are not included in the list above, a Bulb Wattage Factor will be determined for each unique type. TYPE OF SERVICE The City shall deliver single-phase, sixty (60) cycle service at 120 or 240 volts to the site for non- standard streetlight fixtures supplied by the customer, and installed by the City in accordance with Municipal Code requirements. Additional contractual arrangements between the City and the customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. 30 ADDITIONAL SERVICE CHARGES If the City is required to maintain the privately owned lights to ensure public safety, the owner of the lights may be subject to additional service charges. The additional service charges shall be the actual cost of performing any work required to perform the necessary maintenance including but not limited to: Labor Regular time or overtime labor hourly rates in effect at the time the work is performed for all personnel performing the work. Labor charges shall be based on a one (1) hour minimum with all additional time above the minimum to be measured to the nearest one-quarter hour. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the required equipment. Material Any material needed to repair and/or maintain facilities will be billed at City of Denton Warehouse cost plus 25%. Administrative Fee l o% 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 (lo) business ays a er issuance. 31 SCHEDULE T1 TEMPORARY SERVICE (Effective 10/0 l /09) APPLICATION Applicable when a Customer requests electric service on a short term or temporary basis where a customer has received a permit from the City Building Inspections Department. This rate is not applicable after the certificate of occupancy or building final inspection has been issued. NET MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $21. l0/bill plus; (2) Energy Charge per billing period 7.11 ¢/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Facility Charge Three-Phase Facility Charge ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh x kWh Rate 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. 32 ADDITIONAL TEMPORARY SERVICE CHARGES Labor Regular time or overtime labor hourly rates in effect at the time the work is performed for all personnel performing the work. Labor charges shall be based on a one (1) hour minimum with all additional time above the minimum to be measured to the nearest one-quarter hour. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the required equipment. Material Material that cannot be salvaged shall be billed at City of Denton Warehouse cost plus 25%, plus applicable sales tax. At the time a temporary service is removed or converted, any loss of the installed material due to negligence or willful action by the Customer will be billed separately to the Customer at replacement cost plus 25%, plus applicable sales tax. Administrative Fee l o% 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 (lo) business ays a er issuance. 33 SCHEDULE IDR INDUSTRIAL DEVELOPMENT RIDER (Effective 10/O l /09) PURPOSE The purpose of this rider is to facilitate local economic growth and expand the ad valorem tax base of the City of Denton. AVAILABILITY This rider is available to the Customers who: (1) Receive service from Rate Schedules GSL or TGS; and (2) Pay City of Denton ad valorem tax; and (3) Receive no electric service discounts other than those specifically defined in the GSL or TGS rate schedules. APPLICATION This rider is available to electric service supplied at any one location. It is for firm electric service applicable to new and existing Customers as described below, over a five (5) year period. This rider is available to the following classes of Customers: (1) New customers whose electric service represents demand not previously served by the City at any location in the City's service area in the last twelve (12) months, where such metered demand will be in excess of 225 kVA or 200 kW, as estimated and mutually agreed upon by the Director of Electric Utilities and the customer. (2) Existing customers served under Rate Schedules GSL or TGS who increase their prior existing metered demand by 225 kVA or 200 kw. 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 Director of Electric Utilities, the increase may be verified by comparing athree-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 Director of Electric Utilities and the Customer may develop a mutually agreed-upon formula to estimate the base and additional demand levels. NET MONTHLY RATE The Customer shall be charged under the appropriate applicable rate schedules with the exception that the monthly billing demand (for GSL) or system demand and on-peak demand (for TGS) will be adjusted in accordance with the following table: 34 Time Period Reduction to Billin 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. 35 SCHEDULE GRP GREENSENSE ENERGY EFFICIENCY REBATE PROGRAM (Effective 10/0 l /09) PROGRAM SUMMARY The objective of the GreenSense Energy Efficiency Rebate Program ("Program") is to reduce energy demand and consumption by promoting energy conservation, thereby reducing the utility bills of Denton Municipal Electric (DME) customers, reducing the peak load of the DME's electric system, reducing emissions in the state, and promoting energy conservation. The Program offers incentives, in the form of rebates on the electric service bills of DME retail customers and cash incentives to builders. Cash incentives may be paid to residential retail customers for the installation of photovoltaic applications. Program applicants will be able to qualify for multiple incentives simultaneously. A separate application may be necessary for each incentive. The Program will be in effect each fiscal year beginning on October 1, until the allotted funding is depleted or until cancellation of the program by DME. At the time the funds are depleted, no additional applications for participation will be accepted until the next fiscal year. Qualifying applicants must receive electric service from DME and must be a customer in good standing. The Program guidelines and payments are subject to change by DME without prior notice. DME may, at any time, discontinue the Program without prior notice. The current program guidelines may be found in the GreenSense Energy Efficiency Rebate Program Manual located at www.dmepower.com. 36 SCHEDULE UPS UNINTERRUPTIBLEPQWER SUPPLY (Effective 10/O l /09) APPLICATION Applicable to any Customer who, by written agreement, receives service for an uninterruptible power supply for a computer or other electrical equipment. Uninterruptible Power Supplies provided under this Schedule UPS are of the standby type. NET MONTHLY RATE (1) Facility Charge 0-300 Watts Uninterruptible Power Supply $ 7.80/bill 3 01-700 Watts Uninterruptible Power Supply $14.90/bill 701-1,200 Watts Uninterruptible Power Supply $31.85/bill plus; (2) Installation Charge $25.75 For any Uninterruptible Power Supply other than the sizes specified above, the monthly Customer Charge will be based on the following formula: (1) Monthly Charge 5% of Annual Maintenance Cost 12 months plus; 6% Annual Return of Investment 12 months plus; 8% Interest on a Five (5) Year Life TYPE OF SERVICE The City shall furnish, install, maintain an automatically controlled alternating current power backup unit conforming to the City's standards and subject to its published rules and regulations. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o issuance. 37 SCHEDULE ECA ENERGY COST ADJUSTMENT (Effective 10/O l /09) The Energy Cost Adjustment (ECA) rate shall be set by the Public Utilities Board. The ECA rate shall be reviewed on a monthly basis and adjusted as defined below to recover the variable cost of energy delivered to customers. Variable energy cost includes the variable cost of Texas Municipal Power Agency (TMPA) energy (excluding the portion of TMPA's energy charge associated with fixed costs), the variable cost of purchased energy (excluding demand payments or fees for services), and fuel costs. ENERGY COST ADJUSTMENT BALANCING ACCOUNT CALCULATION The ECA Balancing Account shall be calculated using the following formula: ECA Balancing Account = (Actual plus Proj ected ECA revenue) - (Proj ected Energy Cost) where: Projected Energy Cost = (Actual plus Projected cumulative cost of fuel) +(Actual plus Projected cumulative variable cost of TMPA energy) + (Actual plus Projected cumulative variable purchased energy cost). The Director of Electric Utilities or his~her designee shall calculate the ECA Balancing Account balance monthly. In the event that the ECA Balancing Account balance calculated during the last month of each fiscal quarter (December, March, June, and September) is greater than or less than zero dollars ($0) by $500,000 or more during the next quarter, the Electric Utility Director or his/her designee shall recommend to the Public Utilities Board an ECA rate adjustment sufficient to recover/return any under/over collection, and maintain DME in a financially sound position. The Public Utilities Board shall consider that recommendation and may adjust the ECA rate for the quarter immediately following as necessary to maintain DME in a financially sound position. ENERGY COST ADJUSTMENT CALCULATION ECA =[(Projected Energy Cost) + (ECA Balancing Account)]/(Projected kWh sales) ENERGY COST ADJUSTMENT CHARGE The Energy Cost Adjustment Charge shall be based on actual kWh consumption during the billing perlo . Energy Cost Adjustment Charge = kWh x ECA rate 38 EXTRAORDINARY CIRCUMSTANCE ECA RATE ADJUSTMENT In the event that the ECA Balancing Account balance calculated for any month is greater than or less than zero dollars ($0) by $2,500,000 or more during the next month, the Electric Utility Director or his/her designee shall recommend to the Public Utilities Board an ECA rate adjustment sufficient to recover/return any under/over collection, and maintain DME in a financially sound position. The Public Utilities Board shall consider that recommendation and may adjust the ECA rate for the month immediately following as necessary to maintain DME in a financially sound position. 39 SCHEDULE RCA RENEWABLE COST ADJUSTMENT (Effective 10/0 l /09) The Renewable Cost Adjustment (RCA) rate shall be set by the Public Utilities Board. The RCA rate shall be reviewed on a quarterly basis and adjusted as defined below to recover the cost of renewable energy delivered to customers. Renewable energy cost includes the Energy Cost Adjustment Charge (see Schedule ECA) plus the cost of Renewable Energy Credits (REC) purchased. RENEWABLE COST ADJUSTMENT BALANCING ACCOUNT CALCULATION The RCA Balancing Account shall be calculated using the following formula: RCA Balancing Account = (Actual plus Proj ected RCA revenue) - (Proj ected 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 Director of Electric Utilities or his/her designee shall calculate the RCA Balancing Account balance. In the event that the RCA Balancing Account balance calculated during the last month of each fiscal quarter is greater than zero dollars ($0) by $100,000 or more during the next quarter, the Electric Utility Director or his/her designee shall recommend to the Public Utilities Board an RCA rate adjustment sufficient to recover/return any under/over collection, and maintain DME in a financially sound position. The Public Utilities Board shall consider that recommendation and may adjust the RCA rate for the quarter immediately following. RENEWABLE COST ADJUSTMENT CALCULATION RCA =ECA + [(Projected Renewable 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 x RCA rate 40 EXTRAORDINARY CIRCUMSTANCE RCA RATE ADJUSTMENT In the event that an Extraordinary Circumstance ECA Rate Adjustment is made (see Schedule ECA) the RCA shall be adjusted concurrently with the Extraordinary Circumstance ECA Rate Adjustment by substituting the new ECA rate in the Renewable Cost Adjustment Calculation formula above. 41 SCHEDULE DGR DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (Effective 10/0 l /09) APPLICATION This Rider is available to any retail customer receiving electric service under a DME residential electric rate schedule who owns and operates an on-site generating system powered by a renewable resource capable of producing not more than ten (10) kw of power, and who interconnects with the DME electric system. Renewable energy technology is any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly or indirectly from the sun or wind. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources. This Rider applies to a Customer-owned generating system that primarily offsets part or all of the Customer's electric service provided by DME. CONDITIONS OF SERVICE All charges, character of service, and terms and conditions of the electric rate schedule under which the Customer receives service shall apply except as expressly altered by this Rider. The Customer shall comply with the current DME technical requirements for distributed generation interconnection. The Customer shall obtain approval from DME before the Customer energizes the customer's on-site generating system or interconnects it with the DME electric system. The Customer shall submit to DME a completed interconnection application form and signed Standard Agreement for Interconnection and Parallel Operation of Distributed Generation Agreement. The minimum term of an Agreement under this Rider is one year, extended automatically unless terminated by either party with sixty days advance written notice The Customer is responsible for the costs of interconnecting with the DME electric system, including transformers, service lines, or other equipment determined necessary by DME for safe installation and operation of the Customer's equipment with the City's system. The Customer is responsible for any costs associated with required inspections and permits. METERING Metering under this Rider shall be performed by a single meter capable of registering the flow of electricity in two directions (delivered and received) to determine the Customer's net energy flow. 42 RATE Beginning in a billing period after a Customer receives approval to interconnect the Customer's on-site generating system from the City of Denton, all energy generated by the Customer's system and delivered to the DME electric system will be considered renewable energy. The Customer shall be billed for all energy delivered by DME to the Customer under the approved residential rates. For any generation delivered by the Customer's system to the DME system up to the amount of energy delivered by DME to the Customer, the City shall credit the Customer's account for the energy generated as follows: Generation Credit = (kVVh delivered from the Customer's approved system) x RG rate (see Schedule RG) For all energy delivered by the Customer's system to the DME system that exceeds the amount of energy delivered by DME to the Customer, the City shall credit the Customer's account for the energy generated as follows: Excess Generation Credit = (kwh delivered from the Customer's system) x RCA rate (see Schedule RCA). Any Billing Period Credit shall be applied to the utility charges due from the Customer to the City of Denton for the billing period. INDEMNIFICATION The Customer operating the renewable distributed generation system indemnifies DME and holds DME harmless for all damages and injuries to DME, the Customer, or others arising out of Customer's use, ownership or operation of Customer's distributed generation facilities in parallel with DME's system. Customer is solely responsible for providing adequate protection for operating in parallel with DME's system in such a manner that faults or other disturbances on the DME system do not cause damage to the Customer's distributed generation equipment. 43 SCHEDULE IWG INDEPENDENT WHOLESALE GENERATOR RIDER (Effective 10/0 l /09) APPLICATION The Independent Wholesale Generator (IWG) rate is applicable to generating installations of ten (10) MW or less interconnected to and operating in parallel with DME's distribution system, for the sole purpose of delivering the net output (gross output minus auxiliary load and step up transformer loses) of said generating installation to the Electric Reliability Council of Texas (ERGOT) transmission grid for sale in the ERGOT wholesale power market. DME will interconnect the IWG pursuant to the terms of the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation. Other services or special requirements for interconnection of a specific generating facility, not included in the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation, requested by the IWG Customer, or required by DME may be provided pursuant to negotiation and agreement by both the IWG Customer and DME. The provision of said additional services or requirements shall be recorded in the form of an addendum to the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation. TERMS AND CONDITIONS OF SERVICE At a minimum, the IWG Customer shall comply with the current DME technical requirements for independent wholesale generation interconnection specified in the DME standard Agreement for Interconnection and Parallel Operation of Distributed Generation. The IWG Customer may not begin construction of its facilities until an Agreement for Interconnection and Parallel Operation of Distributed Generation has been signed by both the IWG Customer and the City of Denton. The IWG Customer shall obtain approval from DME before the IWG Customer begins operation of its generating system or interconnects it with the DME electric system. The IWG Customer is responsible for any costs associated with required City of Denton and/or DME inspections and permits. PRE-INTERCONNECTION STUDIES DME may, at its sole discretion perform pre-interconnection studies DME or the City of Denton deems appropriate, which may include, but are not restricted to, a service study, coordination study, emissions impact study, and utility system impact study. In instances where such studies are deemed necessary, the scope of such studies shall be based on the characteristics of the particular IWG generation system to be interconnected, DME's distribution system at the specified proposed location(s), and environmental characteristics of the Denton County area. Such studies will also determine whether the electric interconnection can be made consistent with safe and reliable operation of DME's distribution system. The cost of such analysis will be the responsibility of the IWG Customer. A cost estimate will be provided and agreed to by the IWG Customer prior to DME or the City performing the studies. 44 SYSTEM MODIFICATIONS The IWG Customer will be required to install, operate, and maintain in good order and repair, and without cost to DME, all facilities required by DME for the safe operation of the IWG system in parallel with DME's electric system. The IWG Customer's IWG system shall be installed, operated, and maintained by the IWG Customer at all times in conformity with good electrical practice and shall comply with the National Electric Code, the National Electric Safety Code, any applicable local codes and any applicable DME service standards included in the DME Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation Any modifications or additions to DME's electrical system caused by the addition of the Customer's IWG system will be solely at the IWG Customer's expense. However, the IWG Customer will not acquire any ownership in these facilities. The modifications and additions may include, but are not restricted to, the upgrading of transformer insulation levels and lightening arrester ratings, the replacement of circuit breakers due to increased fault current levels, additional protective relaying and any additional metering. Further, DME may require that a communications channel(s) be installed at the IWG Customer's expense as part of the relay protection, remote control, remote metering, SCADA telemetry, and/or direct voice contact between DME and the IWG Customer. RATE The rates charged the IWG Customer shall consist of a minimum monthly Facility Charge plus a monthly distribution charge plus a monthly distribution line loss charge. These charges shall be calculated as follows: Monthly Facility Charge: The IWG Customer shall pay DME a monthly facility charge sufficient to compensate DME for its investment in special facilities dedicated exclusively to providing the IWG Customer service and/or that are necessary to ensure that the quality of service provided to other customers is not adversely affected pursuant to the requirements of the SYSTEM MODIFICATION provisions set forth above. The minimum monthly facility charge shall be $65.55. Distribution Delivery Charge: The IWG Customer shall pay DME a monthly distribution delivery charge equal to $2.06 times the IWG Customer's delivery demand. The IWG Customer's delivery demand shall be the greatest of the IWG Customer's maximum 15 minute net capacity output as measured at the IWG Customer's IWG site, the minimum billing kW shall be as established in the DME Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation, or 1,500 kW. 45 Distribution Line Loss Charge: The IWG Customer shall pay DME a monthly distribution line loss charge equal to the applicable monthly Energy Cost Adjustment (ECA) charge (see schedule ECA) times monthly energy losses. Monthly energy losses shall be calculated as the metered monthly kilowatt-hour output of the IWG Customer's IWG generating unit(s) as measured at the IWG Customer's IWG site times five (5.0) percent. Generator Auxiliary Load Standby Charge: The IWG Customer shall pay the DME General Service Large rate for any electric service used by the IWG Customer to serve generator auxiliary load as a result of demand and energy requirements placed upon DME resulting from planned or forced outage of the IWG Customer's IWG generation unit(s). Electric Service to Structures and Other Facilities Other than Generator Auxiliary Load: All charges, character of service, and terms and conditions of the applicable City of Denton electric rate schedule(s) under which the IWG Customer receives DME electric service for structures or other facilities not specifically supplying auxiliary service directly to its generating unit(s) shall apply except as expressly altered by this Ri er. 46 SCHEDULE CGR COMMERCIAL RENEWABLE ENERGY SERVICE RIDER (Effective 10/O l /09) This Rider defines the manner by which commercial customers may purchase predetermined 1000 kVVh blocks of energy or 100% of actual energy consumption from renewable resources by substituting the Renewable Cost Adjustment Charge (see Schedule RCA) in lieu of the Energy Cost Adjustment (see Schedule ECA) specified in their applicable rate Schedule. APPLICATION This Rider is applicable to any non-residential Customer receiving service under rate schedules GSS, GSM, GSL, Gl, TGS, or WK atone 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. NET MONTHLY RATE A customer eligible for service under this Rider may elect to purchase renewable energy at the Renewable Cost Adjustment Charge, determined in accordance with Schedule RCA. Said customer may elect to purchase 1000 kWh blocks of energy at the RCA rate, with the remainder of the customer's energy use charged at the ECA rate or to purchase all energy used at the RCA rate. All other charges contained in the customer's applicable rate Schedule shall continue to apply, as specified in said Schedule. Said customer's energy charge shall be calculated as follows. Either: Total Energy Charge = [(Y x 1000 kWh) x RCA] + {[(Total Energy Used) - (Y x 1000 kWh)] x ECA} Where: Customer has elected to purchase a portion of its energy consumption at the RCA and: Y= Number of 1000 kWh RCA blocks elected by said customer Or: Total Energy Charge =Total Energy Used x RCA Where: Customer has elected to purchase its entire energy consumption at the RCA 47 TERMS OF SERVICE To exercise the energy supply choice made available by this Rider, an eligible customer must enter into a separate written agreement with Denton Municipal Electric that specifies either a specific number of 1000 kwh energy blocks to be purchased at the Renewable Cost Adjustment Charge or specifies that 100% of said customer's monthly energy consumption is to be purchased at the Renewable Cost Adjustment Charge. The minimum term for a Schedule CGR agreement shall be 6 months. This Rider replaces the Energy Cost Adjustment Charge for participating customers. 48 SCHEDULE SFR SPECIAL FACILITIES RIDER (Effective 10/0 l /09) (1) All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices not normally and readily available at the location which the customer requests service, the total cost incurred by DME for all facilities installed, buried, relocated and/or removed shall be the responsibility of the Customer and subject to a special contract entered into between DME and the Customer. This contract shall be signed by both parties prior to DME providing service to the Customer. (2) Billing for services beyond the delivery of electricity, utilized by the Customer, may be subject to a special contract entered into between DME and the Customer. This contract shall be signed by both parties prior to DME providing service to Customer. 49 SCHEDULE DFR DARK FIBER RATE (Effective 10/0 l /09) APPLICATION Service is available to any customer to the extent there is any excess capacity respecting Denton Municipal Electric's fiber optic cable facilities, within the area served by Denton Municipal Electric's ("DME") distribution system, for the purpose of point-to-point dark fiber optic cable connectivity intended for the transport ofhigh-speed data. MONTHLY RATE (1) Fiber Mileage Charge $400 per fiber pair/mile, per month; and (2) Building Presence Charge $180 per location, per month Total Fiber Rate $580 per fiber pair/mile, per month, per location RATE GUIDELINES (1) The minimum quantity of fiber to be leased shall be one (1) fiber pair. All fiber pairs furnished to the customer shall consist of two (2) fibers. (2) The minimum Fiber Mileage Charge is for one (1) fiber pair/mile. (3) After the first mile, Fiber Mileage Charge will be charged in increments of the nearest one-tenth (0.1) mile. (4) All costs associated with ingress to a customer's location from the DME right-of way shall be billed directly to the customer, and are not included in the Fiber Mileage Charge and the Building Presence Charge and shall be paid to Denton Municipal Electric within fifteen (15) calendar days from the date of issuance of the bill. (5) The Fiber Mileage Charge calculation is based upon the actual fiber pair distance along the DME distribution system rights-of way. The Fiber Mileage Charge is not based upon any other method of calculation. The Fiber Mileage Charge is not based upon any distance determination, such as the distance the crow flies, or from point-to- point. (6) The Fiber Mileage Charge distance shall be capped at two (2) times the direct point-to- point distance. DISCOUNTS Special discounts will be applied for fiber pairs to the same location, and for fiber pairs for long- term contracts in the amounts as shown in the table below. The discount applicable to a customer shall not be a cumulative total of all the discounts offered. The discount any customer is entitled to shall be the largest single discount applicable to that customer's service. 50 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 ate o issuance. TERM OF LEASE CONTRACT All dark fiber lease contracts shall be for a minimum term of five (5) years. 51 SECTION 2. That the Assistant City Manager for Utilities is hereby authorized to expend funds to issue rebates to electric utility customers in the form and type set forth in Schedule GRP, as the installation of energy efficient is in the best interest of the City of Denton, Texas, as such will reduce energy demand and consumption, reduce the peak load of the DME's electric system, reduce emissions in the state, and promote energy conservation, which are public purposes of the City. SECTION 3. That 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. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. That this ordinance and the rates herein adopted shall become effective, charged, and applied to all electric services rendered by Denton Municipal Electric, and all energy usage by customers of Denton Municipal Electric effective with the first billing issued on and after October 1, 2009; and a copy of said rates shall be maintained on file in the Office of the City Secretary of the City of Denton, Texas. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 52 ORDINANCE N0.2009- AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE N0. 2008-212 FOR WATER SERVICE RATES AND WATER RATES; AMENDING WHOLESALE RAW WATER SERVICE RATE TO UPPER TRINITY REGIONAL WATER DISTRICT (WRW); THE WHOLESALE RAW WATER PASS- THROUGH RATE TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (SCHEDULE WCL); AMENDING SEVERAL WATER TAP AND METER FEES; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Rate Schedules for water service as provided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: WATER RATE SCHEDULES PAGE WR Residential Water Service 2 WC Commercial/Industrial Water Service Rate 6 WFH Metered Water From Fire Hydrant 9 WW Wholesale Treated Water Service to Upper Trinity Regional Water District 10 WRW Wholesale Raw Water Service to Upper Trinity Regional Water District 12 WCL Wholesale Raw Water Pass-Through to Upper Trinity Regional Water District 13 from Lake Chapman into Lake Lewisville Water Tap and Meter Fees 14 Fire Hydrant Installation 16 Water Laboratory Testing Fees 17 Special Facilities Rider 18 Special Conditions Rider 18 SCHEDULE VVR RESIDENTIAL WATER SERVICE (Effective 10/O l /09) APPLICATION Applicable for single-family residential service, and individually-metered apartments, mobile homes, ormulti-family facilities with less than four units, with wastewater service within the corporate limits of the City of Denton, Texas. (VVR) 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" Meter $10.05 1 " Meter $13.10 1-1/2" Meter $16.80 2" Meter $19.15 (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 throu . hg OCT. 0-15,000 gals $2.75 $2.75 15,001-30,000 gals $2.75 $4.00 30,001-50,000 gals $2.75 $5.00 Over 50,000 gals $2.75 $6.00 2 MONTHLY RATES (WRO) -WATER SERVICE OUTSIDE CORPORATE LIMITS MONTHLY RATE (1) Facility Charge Per Bill 3/4" Meter $11.5 5 1" Meter $15.05 1-1 /2" Meter $19.3 0 2" Meter $22.00 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV throu h APRIL MAY throu hg OCT 0-15,000 gals $3.15 $3.15 15,001-30,000 gals $3.15 $4.60 30,001-50,000 gals $3.15 $5.75 Over 50,000 gals $3.15 $6.90 MONTHLY RATES (WRI) -METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4" Meter $10.05 1 " Meter $13.10 1-1/2" Meter $16.80 2" Meter $19.15 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV through APRIL MAY throu . hg OCT 0-15,000 gals $2.75 $4.00 15,001-30,000 gals $2.75 $5.00 30,000 - 50,000 gals $2.75 $6.00 Over 50,000 gals $2.75 $7.00 3 MONTHLY RATES (WRIO) -METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4" Meter $11.5 5 1" Meter $15.05 1-1 /2" Meter $19.3 0 2" Meter $22.00 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV throu h APRIL MAY throu hg OCT 0-15,000 gals $3.15 $4.60 15,001-30,000 gals $3.15 $5.75 30,000 - 50,000 gals $3.15 $6.90 Over 50,000 gals $3.15 $8.05 MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons in rate block x rate er 1000 al. in rate block p ~ g 1,000 gallons 4 RETAIL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS - ORDINANCE N0.2005-121. Under Stage 3 drought conditions, residential customers shall be charged a 20% surcharge penalty for water usage greater than 30,000 gallons per account per thirty (30) days. Under Stage 4 drought conditions, residential customers shall be charged a 20% surcharge penalty for water usage greater than 15,000 gallons per account per thirty (30) days. 5 SCHEDULE WC COMMERCIAL/INDUSTRIAL WATER SERVICE RATE (Effective 10/O l /09) 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 (VVCN~ (1) Facility Charge Per Bill 3/4" Meter $18.40 1" Meter $21.95 1-1/2" Meter $26.05 2" Meter $33.60 3" Meter $70.35 4" Meter $130.00 6" Meter $162.40 8" Meter $18 8.90 10" Meter $227.10 (2) Volume Charge $3.05 per 1,000 gallons 6 MONTHLY RATE (WCO) -OUTSIDE CORPORATE LIMITS (1) Facility Charge Per Bill 3/4" Meter $21.15 1 " Meter $25.25 1-1 /2" Meter $29.95 2" Meter $38.65 3" Meter $80.90 4" Meter $149.50 6" Meter $186.75 8" Meter $217.25 10" Meter $261.15 (2) Volume Charge $3.50 per 1,000 gallons MONTHLY RATE (WCI) -IRRIGATION (1) Facility Charge Per Bill 3/4" Meter $18.40 1" Meter $21.95 1-1/2" Meter $26.50 2" Meter $33.60 3" Meter $70.35 4" Meter $130.00 6" Meter $162.40 8" Meter $18 8.90 10" Meter $227.10 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY throu . hg OCT. $3.05 $3.70 MONTHLY RATE (WCIO) -IRRIGATION (1) Facility Charge Per Bill 3/4" Meter $21.15 1 " Meter $25.25 1-1 /2" Meter $29.95 2" Meter $38.65 3" Meter $80.90 4" Meter $149.50 6" Meter $186.75 8" Meter $217.25 10" Meter $261.15 7 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of NOV. throu h APRIL MAY throu hg OCT• $3.50 $4.25 MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the water consumption shall be based on the consumption during the billing period. Formula: Gallons consumption x Rate er 1000 allons p ~ g 1,000 COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS - ORDINANCE N0.2005-121. Under Stage 3 drought conditions, Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30) days. Under Stage 4 drought conditions, Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30) days. 8 SCHEDULE VVFH METERED WATER FROM FIRE HYDRANT (Effective 10/O l /09) APPLICATION Applicable for all water taken through a fire hydrant or other direct distribution line source at one location for private or commercial use not associated with fire fighting. Customers must complete, sign, and agree to all terms and conditions stated in the "Fire Hydrant Meter Use Agreement." DEPOSIT $800.00 per meter User shall place a deposit each time a City's hydrant meter(s) is requested. Deposit will be returned when meter is returned and final bill is paid. NET RATE Volume Charge $3.55 per 1,000 gallons Monthly volume shall be computed by subtracting the beginning meter reading from the ending meter reading divided by 1,000, and multiplied times the volume charge, upon the monthly return of the meter to the Water Department for reading. Per the "Fire Hydrant Meter Use Agreement", failure by the Customer to return the meter to water utilities by the 3rd day of each month for reading, results in acceptance by the Customer to pay a monthly billing equal to 100,000 gallons of water usage for the month. Facility Charge $70.30 per bill PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o issuance. COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS - ORDINANCE N0.2005-121. Under Stage 3 drought conditions, Commercial/Industrial customers may be charged a 20% surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30) days. Under Stage 4 drought conditions, Commercial/Industrial customers may be charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30) days. 9 SCHEDULE WW WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/O l /09) 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. (VVW2/~►~VW3) (1) Facility Charge $176.00 per bill (2) Water Volume Rate $0.34 per 1,000 gallons (VVD2/WD3) (3) Subscribed Demand Rate $406,107.00 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 10/0 l /09) APPLICATION Applicable to all raw water sales from the City of Denton, Texas to the Upper Trinity Regional Water District (UTRWD), per the Interim Sale of Wholesale Raw Water Contract. MONTHLY CHARGES The monthly charge for service shall be expressed as a volume price per 1,000 gallons. Volume Charge: $0.4225 per 1,000 gallons PAYMENT Denton shall render bills by the tenth (10~) day of each month. Bills shall be due and payable within twenty (20) calendar days of the date a bill is rendered. BILL PAYMENT DELINQUENCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within 20 calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered. 12 SCHEDULE VVCL WHOLESALE RAW WATER PASS-THROUGH TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (Effective 10/O l /09) 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: $0.0235 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/O l /09) 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 Size of Tap and Meter Paved Street Unpaved Street 3/4 inch $1,600.00 $650.00 1 inch $1,700.00 $750.00 11/2 inch $2,200.00 $1,200.00 2 inch $2,500.00 $1,500.00 WATER METER FEES Size of Meter 3/4 inch $305.00 1 inch $375.00 11/2 inch $670.00 2 inch $680.00 WATER METER RELOCATIONS Size of Meter Relocation of 10 Feet or Less 3/4 inch $285.00 1 inch $285.00 11/2 inch $340.00 2 inch $390.00 WATER LINE TAPS Size of Ta Paved Street Unpaved Street 4 inch $2,900.00 $1,750.00 6 inch $3,100.00 $2,000.00 8 inch $4,100.00 $3,000.00 12 inch $5,100.00 $4,000.00 14 FEES FOR INSTALLATIONS NOT LISTED For the installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 20% administrative charge. The installation charges may be waived by the Utility Department for a request to install taps exclusively dedicated to fire sprinkler systems. 15 FIRE HYDRANT INSTALLATION (Effective 10/O l /09) APPLICATION This schedule applies to the installation, removal, or relocation of fire hydrants by the City of Denton Utility Department at the request of a person, firm, association or corporation. FIRE HYDRANT INSTALLATION FEES Any person, association of persons, or corporation that requests that a fire hydrant be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Fire Hydrant Installation Paved Street Unpaved Street Installation Fee $5,030.00 $3,085.00 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 10/0 l /09) 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) $20.00 Colilert (P/A) Quantitray $20.00 Total Coliform Analysis (MPN) $45.00 Heterotrophic Plate Counts (HPC) $25.00 Fecal Coliform (MF) $30.00 Records Search $25.OO/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 ate o issuance. 17 SPECIAL FACILITIES RIDER (Effective 10/O l /09) All service shall be offered from available facilities. If a Customer service request for a special or unusual service not otherwise provided for by the water rate ordinance, and/or requires facilities or devices which are not normally and readily available at the location at which the Customer requests the service, then the City shall provide the service subject to the requirements of paragraph 2 of this Ri er. The total cost of all facilities required to meet the Customer's special requirements, which are incurred by the City in connection with rendering the service shall be subject to a special contract entered into between the Water Utility Department and the Customer. This contract shall be signed by both parties prior to the City providing the requested service to the Customer. SPECIAL CONDITIONS RIDER (Effective 10/0 l /09) If a special condition or circumstance exists not otherwise provided for by the water rate ordinance, then the City shall have the authority to provide for the special condition subject to the requirements of paragraph 2 of this Rider. Any billing adjustments in connection with any special condition or circumstance shall be at the discretion of the Director of Water Utilities or his designee. 18 SECTION 2. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms of provisions contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. The Schedule of Rates herein adopted shall be effective, charged and applied to all water consumption occurring on and after October 1, 2009; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 19 ORDINANCE N0.2009- AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE N0. 2008-213 PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Rate Schedules for wastewater service as provided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: WASTEWATER RATE SCHEDULES SR Residential Wastewater Service 3 SMH Mobile Home Park Wastewater Service 6 SC Commercial and Industrial Wastewater Service 9 SCD Commercial/Industrial Wastewater Service Which Measures With 12 Dedicated Water Meters (Sub-meters); Water For Wastewater Billing SCS Commercial/Industrial Wastewater Service Which Measures With 14 Dedicated Water Meters (Sub-meters); Water Excluded From Wastewater Billing SCH Septage & Chemical Toilet Disposal at the Pecan Creek Water Reclamation 16 Plant Septage Transfer Station SEE Equipment Services Facilities and Restaurants & Food 17 Service Establishments Wastewater Service SM Metered Wastewater Inside and Outside Corporate Limits 20 SGE Sale of Treated Wastewater Effluent 22 SSC Wholesale Wastewater Treatment Service fora 24 Governmental Agency, Division or Subdivision CWM DYNO Dirt Products 26 GBL Grass, Brush, and Leaves 28 ST Wastewater Tap Fees 29 1 STE Treated Effluent Wastewater Tap Fees 30 OSSF On-Site Sewage Facility Permit Fees 31 SD Storm Drainage Fees 32 Special Facilities Rider 34 Special Conditions Rider 34 2 SCHEDULE SR RESIDENTIAL WASTEWATER SERVICE (Effective 10/0 l /09) APPLICATION Applicable for single-family residential service, and individually metered apartments or mobile homes ormulti-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 $7.45/bill (2) Volume Charge $2.85/1,000 gallons effluent MONTHLY RATES (SRO) -OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $ 8.60/bill (2) Volume Charge $3.29/1,000 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 98% 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 98% of 6,500 gallons. MINIMUM BILLING -WITH CITY OF DENTON WATER SERVICE Facility Charge. VOLUME CHARGE -WITH CITY OF DENTON WATER SERVICE With a current Average Daily Usage, billings through the following February shall be based on the average daily usage calculated using the following formula. Current Average Daily Usage x 98% x Rate per 1,000 gallons 1,000 3 For customers without an established current Average Daily Usage, billings shall be based on 98% of 6,500 gallons. 6,500 Gallons x 98% x Rate per 1,000 gallons 1,000 PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o 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 $7.45lbill $8.60/bill (2) Volume Charge $2.85/1,000 gals $3.29/1,000 gals The customer shall pay a minimum Volume Charge on the established billable volume of five thousand (5,000) gallons per month. MINIMUM BILLING -WITHOUT CITY OF DENTON WATER SERVICE The Facility Charge plus five thousand (5,000) gallons of wastewater. VOLUME CHARGE -WITHOUT CITY OF DENTON WATER SERVICE The billing for the wastewater volume shall be based on the minimum wastewater volume (5,000 gallons) during the billing period. Minimum Wastewater Volume x Rate per 1,000 gallons 1,000 Wastewater volumes will be capped at a maximum of 18,000 gallons/bill. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o issuance. 4 SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. 5 SCHEDULE SMH MOBILE HOME PARK WASTEWATER SERVICE (Effective 10/0 l /09) APPLICATION Applicable for mobile home parks that are master water metered to provide residential wastewater service. Wastewater service is billed based on the Customer's winter average water usage. Also applicable for wastewater service without City of Denton water service, in the event the mobile home park does not have a master meter for wastewater. Wastewater service is billed on the average residential wastewater volume per customer. Not applicable for sub-billing or other utility billing by service user in any event. MONTHLY RATE (SMH) -WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $19.47/bill (2) Volume Charge $2.85/1,000 gallons effluent MONTHLY RATE (SMHO) -OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $21.62/bill (2) Volume Charge $3.29/1,000 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 98% of actual water consumption during those months. The average daily usage may be calculated using as few as two months. The Average Daily Usage thus calculated establishes the wastewater Volume Charge for each subsequent month, through the following February. The calculated wastewater billed volumes will be capped at a maximum of 18,000 gallons/bill. For customers without an established winter Average Daily Usage water consumption billing history derived from the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at the established billable volume (5,000 gallons per month per mobile home) for mobile home park customers not receiving water service. MINIMUM BILLING -WITH CITY OF DENTON WATER SERVICE Facility Charge. 6 VOLUME CHARGE -WITH CITY OF DENTON WATER SERVICE With a current Average Daily Usage, billings through the following February shall be based on the average daily usage calculated using the following formula. Current Avera.~e Daily e x 98% x Rate per 1,000 gallons 1,000 For customers without an established winter Average Daily Usage, billings shall be based on the established billable volume of 5,000 gallons per mobile home per month. Established Billable Volume x Rate per 1,000 gallons x Number of Mobile Homes 1,000 PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o 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 $19.47/bill $21.62/bill (2) Volume Charge $2.85/1,000 gals $3.29/1,000 gals The Customer shall pay a minimum Volume Charge on the established billable volume of five thousand (5,000) gallons per month. MINIMUM BILLING -WITHOUT CITY OF DENTON WATER SERVICE The Facility Charge plus five thousand (5,000) gallons of wastewater per mobile home. VOLUME CHARGE -WITHOUT CITY OF DENTON WATER SERVICE The billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Minimum Wastewater Volume x Rate per 1,000 gallons x Number of Mobile Homes 1,000 PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o 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 10/0 l /09) 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 $19.47/bill (2) Volume Charge $3.70/1,000 gallons effluent Billing based on eighty five (85%) percent of monthly water consumption. Plus PRETREATMENT/PROGRAM CHARGES (As Applicable) (SCA) (A) Categorical Customer $400.00/bill (SCB) (B)Non-categorical Customer $ 50.00/bill SAMPLING AND ANALYSIS CHARGES (As applicable) (A) Sampling charge (each) $42.00 (B) Analysis charge (per test) $21.00 MONTHLY RATE (SCO) -OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $21.62/bill (2) Volume Charge $4.26/1,000 gallons effluent Billing based on eighty five (85%) percent of monthly water consumption. MINIMUM BILLING Facility Charge. 9 VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .85 x Rate per 1,000 gallons 1,000 COMMERCIAL AND INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial services, there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu = Vu ([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. B is the unit cost factor for treating one unit BOD per 1,000 gallons. 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 unit of TSS per 1,000 gallons. MONTHLY RATE (SCNI/SCNO) -WITHOUT CITY OF DENTON WATER SERVICE SCNI SCNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $19.47/bill $21.62/bill (2) Volume Charge $3.70/1,000 gals $4.26/1,000 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. 10 VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Minimum wastewater volume x Rate per 1,000 gallons 1,000 Plus PRETREATMENT/PROGRAM CHARGES (As applicable) (1) Categorical Customer $400/bill (2) Non-categorical Customer $50/bill SAMPLING AND ANALYSIS CHARGES (As applicable) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 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 $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu = Vu ([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. B is the unit cost factor for treating one unit BOD per 1,000 gallons. 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 unit of TSS per 1,000 gallons. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o 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. 11 SCHEDULE SCD COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS), WATER FOR WASTEWATER BILLING (Effective 10/0 l /09) 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 Billin Per Bill 3/4" Meter $25.83 1"Meter $28.24 1-1/2" Meter $35.56 2" Meter $41.46 3" Meter $90.12 4" Meter $169.43 6" Meter $211.48 8" Meter $246.3 3 10" Meter $296.80 (2) Volume Charge $3.70/1,000 gallons effluent The wastewater billing is based on ninety-eight (98%) 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 ate o issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subj ect to the Special Facilities Rider. 12 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 $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu = Vu ([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. B is the unit cost factor for treating one unit BOD per 1,000 gallons. 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 unit of TSS per 1,000 gallons. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Actual Water volume x .98 x Rate per 1,000 gallons 1,000 13 SCHEDULE SCS COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS), WATER EXCLUDED FROM WASTEWATER BILLING (Effective 10/O l /09) APPLICATION Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under this ordinance whose wastewater volume is calculated by a water meter which measures the water which is not returned into the wastewater collection and treatment system. The SCS sub-metered wastewater volumes are consumed in the customer's processes, not returned to the wastewater system, and are therefore excluded from the customer's wastewater billing volumes. Not applicable for sub-billing or other utility billing by service user in any event. MONTHLY RATE (1) Facility Charge Billin Per Bill 3/4" Meter $25.83 1"Meter $28.24 1-1/2" Meter $35.56 2" Meter $41.46 3" Meter $90.12 4" Meter $169.43 6" Meter $211.48 8" Meter $246.33 10" Meter $296.80 (2) Volume Charge -None The wastewater billing exclusion 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 ate o 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. 14 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 $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu = Vu ([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. B is the unit cost factor for treating one unit BOD per 1,000 gallons. 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 unit of TSS per 1,000 gallons. 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. 15 SCHEDULE SCH SEPTAGE & CHEMICAL TOILET DISPOSAL AT THE PECAN CREEK WATER RECLAMATION PLANT SEPTAGE TRANSFER STATION (Effective 10/0 l /09) APPLICATION Applicable to all users of the Pecan Creek Water Reclamation Plant Septage Transfer Station. The user must sign the "Agreement for Disposal of Liquid Waste" and comply with the following requirements: 1. Section 26-191 of the City of Denton Code 2. Provide to the City: signed "Application for Permit", "Agreement for Disposal of Liquid Waste" documents, and provide copy of current TCEQ Registration Certificate, current Insurance Certificate for each vehicle, and current Manager of Operations Driver's License. 3. Comply with the "Liquid Waste Hauler -Vehicle Inspection Audit" requirements RATE (1) Facility Charge $ 4.50/bill (2) Volume Charge $ 29.00/1,000 gallons (3) Permit Fee each vehicle $ 300/per fiscal year MINIMUM BILLING Facility Charge. PAYMENT Permit fee is due in full before first disposal at Pecan Creek Water Reclamation Plant Septage Transfer Station. Fee is prorated at $25 per month for current month and each of the remaining months in fiscal year. 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. 16 SCHEDULE SEE EQUIPMENT SERVICES FACILITIES AND RESTAURANTS & FOOD SERVICE ESTABLISHMENTS WASTEWATER SERVICE (Effective 10/0 l /09) APPLICATION Applicable to facilities which perform washing, cleaning or servicing of automobiles, trucks, buses or similar equipment and are categorized by North American Industry Classification System (NAILS) numbers: (811111, 811112, 811113, 811118, 811122, 811121, 811192, 811198, 447110, 447190) and /or similar code classifications. Applicable to all restaurants and food service establishments that prepare and serve food directly to customers and are categorized by NAILS numbers: (722110, 722211, 722212, 722213, 722410, 722310, 722320) and/or similar code classifications. MONTHLY RATE (SEE) (1) Facility Charge $19.47/bill (2) Volume Charge $5.11/1,000 gallons effluent Billing based on eighty (85%) 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 ornon-categorical. These charges are not to be applied if the Customer is not designated as either a categorical ornon-categorical customer. SAMPLING/ANALYSIS CHARGES (As Applicable) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 "SEE" RATE EXEMPTIONS (1) Customers under the SEE rate shall be charged the SC rate if only pre-wrapped and preprocessed foods are served from their premises and no food processing is performed on the premises so that only minimal organic material is discharged to the 17 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 550 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 $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu = Vu ([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. 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 unit BOD per 1,000 gallons. Su is the tested TSS level for user X or 600 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o 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. 18 VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .85 x Rate per 1,000 gallons 1,000 19 SCHEDULE SM METERED WASTEWATER INSIDE AND OUTSIDE CORPORATE LIMITS (Effective 10/0 l /09) 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 $240.32/bill $276.3 7/bill (2) Volume Charge $3.70/1,000 gals $4.26/1,000 gals Plus (3) Pretreatment/Program Charge (As Applicable) (SMA) (A) Categorical $400/bill (SMB) (B)Non-categorical $SO/bill The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either categorical ornon-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 ornon-categorical Customer by the wastewater utility staff. SAMPLING/ANALYSIS CHARGE (As Applicable) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 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 $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu = Vu ([Bu-250] B + [Su-250] S]) 20 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. B is the unit cost factor for treating one unit BOD per 1,000 gallons. 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 unit of TSS per 1,000 gallons. 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 ate o issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: wastewater volume x Rate per 1,000 gallons 1,000 21 SCHEDULE SGE SALE OF TREATED WASTEWATER EFFLUENT (Effective 10/0 l /09) 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 maybe limited or unavailable. MONTHLY RATES (1) Facility Charge Per Bill 3/4" Meter $ 20.20 1"Meter $ 22.20 1-1/2" Meter $ 25.75 2" Meter $ 31.65 3" Meter $ 66.25 4" Meter $122.50 6" Meter $153.00 8" Meter $178.00 10" Meter $214.00 (2) Volume Charge $1.35/1,000 gallons MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided subj ect to the Special Facilities Rider. 22 VOLUME CHARGE Billing for the wastewater volume shall be based on the effluent volume calculated during the billing period. Formula: Effluent volume x Rate per 1,000 gallons 1,000 23 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGENCY, DIVISION, OR SUBDIVISION (Effective 10/0 l /09) 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 $198.43/bill (2) Pretreatment/Program Charge (As Applicable) (A) Categorical $400/bill (B) Non-categorical $SO/bill (3) Volume Charge $2.20/1,000 gallons Billing shall be based on one hundred (100%) percent of actual gallons measured. SAMPLING/ANALYSIS CHARGE (As Applicable) (1) Sampling Charge (each) $42.00 (2) Analysis Charge (per test) $21.00 MINIMUM BILLING Facility Charge. WHOLESALE SURCHARGE In addition to the above charges for wholesale wastewater services, there will be added to the monthly rate an industrial surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/1 of Biochemical Oxygen Demand (BOD) $0.002678 mg/1 of Total Suspended Solids (TSS) Cu = Vu ([Bu-250] B + [Su-250] S]) 24 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. B is the unit cost factor for treating one unit BOD per 1,000 gallons. 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 unit of TSS per 1,000 gallons. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from ate o issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: wastewater volume x Rate per 1,000 gallons 1,000 25 SCHEDULE CVVM DYNO DIRT PRODUCTS (Effective 10/1/09) APPLICATION Applicable to any and all customers, whether residential, commercial, or wholesale, which elect to acquire the City of Denton's Dyno Dirt products for their use. The City of Denton reserves the right to restrict or limit the sale of all Dyno Dirt products to any customer at any time. RATES Dyno Dirt products will be sold by volume on a cubic yardage basis, or in one cubic foot bags. Bulk quantities will not be sold in volumes less than one-half cubic yard. (A) Compost (1) Dyno Soil (Top Soil Blend) $30.00 /Cubic Yard (2) Dyno Dirt $25.00 /Cubic Yard (3) Dyno Lite $30.00/Cubic Yard (B) Wood Mulch (1) Dyno Landscape Mulch $27.5 0/Cubic Yard (2) Dyno Deco Colored Mulch $30.00/Cubic Yard (3) Dyno Double Grind $17.50/Cubic Yard Purchases for (A) and (B) above, greater than ten (10) cubic yards will receive a 20% discount, purchases greater than 100 cubic yards will receive a 40% discount. (C) City of Denton departments will receive a 50% 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. 26 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 l l oo 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. 27 SCHEDULE GBL GRAS S/BRUSH/LEAVES (Effective 10/1/09) APPLICATION Applicable to all City of Denton residents who submit for deposit at the landfill grass clippings, brush, and/or leaves, who shall pay the following rates: GRASS/BRUSH/LEAVES: Product Characteristics Charge 1. Uncontaminated bagged or un-bagged $20.00 /ton grass, brush, or leaves in less than twelve foot (12') lengths. 2. Uncontaminated bagged or un-bagged $30.00 /ton grass, brush, or leaves in greater than twelve foot (12') lengths. 3. Contaminated grass, brush, or leaves of any length: $41.00/ton 4. whole trees and stumps $50.00 /ton MINIMUM CHARGE $17.50 per load. Professional landscapers, tree trimmers, and yard maintenance personnel are required to bring their grass, brush, or leaves (all collectible yard waste) to the landfill, and are not permitted to leave any of the above-referenced collectible yard waste items stacked or piled on the curb at the Customer's location. Grass, brush, and leaves shall not be assessed the City of Denton solid waste 3.5% surcharge to compensate for the State of Texas surcharge for all solid waste received at landfills if the materials are not landfilled. 28 SCHEDULE ST WASTEWATER TAP FEES (Effective 10/0 l /09) 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 $2,000.00 $1,410.00 6 inch 2,110.00 1,570.00 8 inch 2,220.00 1,730.00 10 inch 2,380.00 1,865.00 MANHOLE BREAKOUT FEE 6" -12"Line $165.00 FEES FOR INSTALLATIONS NOT LISTED For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation or similar work requested, the customer shall be billed at actual cost, as determined by the Wastewater Utility Department, plus a 20% administrative charge. Any excess deposit shall be refunded to the Customer. 29 SCHEDULE STE TREATED EFFLUENT WASTEWATER TAP FEES (Effective 10/0 l /09) APPLICATION This schedule applies to the installation, removal, or relocation of treated effluent wastewater taps by the city of Denton Utility Department at the request of any person, firm, association, corporation, or other legal entity. TAP FEES Any person, firm, association, corporation, or other legal entity that requests that a wastewater main tap be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to the Wastewater Utility Department the following applicable fees: REUSE WASTEWATER LINE TAPS Size of Tap Paved Street Unpaved Street 4 inch $2,705.00 $1,625.00 6 inch 2,920.00 1,895.00 8 inch 3,895.00 2,815.00 12 inch 4,865.00 3,730.00 FEES FOR INSTALLATIONS NOT LISTED For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation or similar work requested, the customer shall be billed at actual cost, as determined by the Wastewater Utility Department, plus a 20% administrative charge. Any excess deposit shall be refunded to the Customer. 30 SCHEDULE OSSF ON-SITE SEWAGE FACILTY PERMIT FEES (Effective 10/0 l /09) APPLICATION This schedule applies to the new construction of aerobic treatment systems, new construction of non-aerobic treatment systems, and repair and alteration of the above. OSSF PERMIT FEES Any person, firm, association, corporation, or other legal entity that requests a wastewater system work permit shall pay in advance to the Wastewater Utility Department the following applicable fees: New Construction of aerobic treatment systems $410 New Construction ofnon-aerobic treatment systems $210 Repair or Alteration fees (All types of OSSF's) $50 31 SCHEDULE SD STORM DRAINAGE FEES (Effective 10/0 l /09) APPLICATION Applicable to all impervious real property and appurtenances owned and located within the incorporated limits of the City of Denton, Texas, except as exempted below. The Storm Drainage fee charged to each tract of real property is based upon the amount of impervious surface cover that results in water runoff into the City of Denton drainage system. MONTHLY FEE -RESIDENTIAL (SDR~ The residential fee is applicable to all single-family through fourplex real properties located within the incorporated limits of the City of Denton, Texas, for which impervious surfaces can be individually identified. The residential fee is established by utilizing a block system. The fee charged in each fee block is set forth and established as follows: Fee Block 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 privately-owned drainage system, not draining into the City of Denton drainage system, upon the real property's inspection and certification by the City; or 32 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. 33 SPECIAL FACILITIES RIDER (Effective 10/0 l /09) (1) All service shall be offered from available facilities. If a customer service request for a special or unusual service not otherwise provided for by the Wastewater rate ordinance, and/or requires facilities and devices which are not normally and readily available at the location at which the Customer requests the service, then the City shall provide the service subject to the requirements of paragraph (2) of this rider. (2) The total cost of all facilities required to meet the Customer's special requirements which are incurred by the City in connection with rendering the service, shall be subject to a special contract entered into between the Wastewater Utility Department and the Customer. This contract shall be signed by both parties prior to the City providing the requested service to the Customer. SPECIAL CONDITIONS RIDER (Effective 10/O l /09) If a special condition or circumstance exists not otherwise provided for by the wastewater rate ordinance, then the City shall have the authority to provide for the special condition subject to the requirements of paragraph 2 of this Rider. Any billing adjustments in connection with any special condition or circumstance shall be at the discretion of the Director of Water Utilities or his designee. 34 SECTION 2. That 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. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. That the Schedule of Rates herein adopted shall be effective, charged and applied to all wastewater service rendered on and after October 1, 2009, and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of the City of Denton, Texas. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 35 ORDINANCE N0.2009- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE N0. 2008-214 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE; PROVIDING FOR THE ESTABLISHMENT OF NO PARKING ZONE FEES (SCHEDULE SWC); A CHANGE IN THE CONSTRUCION AND DEMOLITION UNCOMPACTED MATERIALS CUBIC YARDAGE RATE (SCHEDULE SWC&D); THE ADDITION OF A CONSTRUCTION AND DEMOLITION PROCESSING RATE (SCHEDULE SWC&D); AN INCREASE FROM 4% TO 5% OF GROSS REVENUES DUE THE SOLID WASTE DEPARTMENT FOR BUSINESSES PROVIDING COLLECTION AND TRANSPORTATION SERVICES WITHIN THE CITY LIMITS OF DENTON (SCHEDULE SWP); THE ADDITION OF 5% OF GROSS REVENUES DUE THE SOLID WASTE DEPARTMENT FOR `SMALL OPERATORS' (SCHEDULE SWP); AND REDEFINING THE TIRE SIZES FOR THE WHOLE TIRE RATES CHARGED (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the charges for Solid Waste collection services as authorized by Section 24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24; and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are hereby established as follows: SOLID WASTE RATE SCHEDULES PAGE SWR Residential Solid Waste Collection Services 3 SWMFS Multi-Family Refuse Collection Services 6 SWRR Residential Recycling 8 MFR Multi-Family Chemical Collection /Recycling 9 SWC Commercial Solid Waste Collection Services 10 SWCR Commercial Recycling Services 17 SWC&D Construction, Deconstruction, and Demolition Materials 20 Services SWP Collection and Transportation Services Permit 22 1 SWL Sanitary Landfill Services 28 2 SCHEDULE SWR RESIDENTIAL SOLID WASTE COLLECTION SERVICES (Effective 10/0 l /09) APPLICATION Applicable for residential family unit solid waste collection service. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MONTHLY RATES Containerized Collection Service 1 pickup per week Size of Carts 1 Cart 2 Carts Large $18.75/bill $33.50/bill Medium $17.3 5/bill Small $15.50/bill All refuse must be placed within the cart with the lid fully closed. Residents may contact Solid Waste Customer Service to request that the Solid Waste collection personnel reload their refuse cart with additional bagged refuse materials adj acent to the refuse cart at a price of $5.00 per additional cart reload and empty. The cart reload and extra empty services will be provided if the customer contacts the Customer Service Department and makes the request a minimum of one day prior to their scheduled collection day. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. MINIMUM BILLING /BASE RATE SERVICE $15.00 per monthly bill applicable for residential solid waste service for an unoccupied residential family unit which remains vacant for a period greater than two months. This minimum billing rate shall only be effective after written application is made by the ratepayer with the Customer Service Department, and such minimum billing rate shall be limited to a maximum period of six months per calendar year. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. 3 BILLING Residential accounts will be billed either monthly or quarterly, depending upon the discretion of the General Manager, Solid Waste Services. OTHER CHARGES There is no additional charge for the collection of bagged grass clippings and leaves, or brush and tree limbs which are cut and stacked in less than four foot (4') lengths, if the combined grass/leaves/brush total volume is not over eight cubic yards per collection day. If over eight (8) cubic yards of combined bagged grass clippings, brush, or leaves are placed out for collection on a collection day, excess volume charges will be assessed at $5.00 per cubic yard or part of a cubic yard collected for all cubic yards in excess of eight (8) cubic yards. The Solid Waste Department staff will automatically collect and bill for excess volumes of yard waste if the additional charges are $25.00 or less. Residential customers may be provided metal containers and service at the published commercial rates. Residential customers shall contact Customer Service, a minimum of one day in advance of their scheduled collection day, to request the collection of up to four bulky items per year on their refuse collection day for no additional charge. Bulky items are residential household type items that are consistent with residential household use, such as furniture and selected appliances. Bulky items exclude those appliances manufactured to contain polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFO's), and non-household type items, including but not limited to fencing, remodeling, and construction and demolition (C&D) waste. Residential construction and demolition (C&D) waste, including but not limited to lumber, brick, fencing, and drywall, will be collected at the scheduled rate of $70.00 for mobilization plus $10.00 per cubic yard or any part of a cubic yard collected above one cubic yard. Materials must not exceed eight (8') feet in length. Customers should contact Customer Service during normal business hours to request the collection of residential C&D waste. If the customer has over eight cubic yards of C&D waste for collection, the customer is required to have a city refuse storage container of adequate size to contain the waste, and maintain a collection service frequency of at least once per month. Appliances manufactured to contain PCB's or CFCs, for which the customer provides no certified removal documentation of the PCB's or CFCs, will be charged $50.00 for the collection and disposal of each appliance and/or the associated materials. There is no charge for the collection of appliances which were manufactured to contain either PCB's or CFCs, if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's or CFO's have been properly removed for their disposal. If the Solid Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests collection services through the Solid Waste Department. Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LCD displays or plasma displays will be charged $20.00 per device for the collection, 4 processing and disposal of these devices. Other residential services may be provided at fees established by the department, and approved by the General Manager. The fees established will recoup the cost of service including the special and administrative services provided. When initiating new service, a residential Solid Waste service deposit maybe charged. 5 SCHEDULE SWMFS MULTI-FAMILY REFUSE COLLECTION SERVICES (Effective 10/0 l /09) APPLICATION Special Collection services will be provided to Multi-Family facilities upon request. These services are provided for the collection of residential appliances and household furniture. Collection services will use commercial containers for furniture items and manual collection for appliances. Containerized furniture collection shall occur during the customer's normal refuse collection route service. The customer shall contact Customer Service and request furniture item container collection service (provided on a demand response basis) a minimum of one day prior to their regular refuse collection day. Items placed in the container may not extend beyond seven (7) feet high from the bottom of the container. The customer shall contact Customer Service and request manual appliance collection at least one day prior to the regularly scheduled residential collection day. Items which will not be collected include: refrigerators, freezers, air conditioners, or any other item manufactured to contain CFC's or PCB's (polychlorinated biphenyls). MONTHLY RATES A. Household Furniture Container Service Container Size Month/.. R~ Collection Service Fee 4 CY SL container $21.00 $45.00 per pickup 8 CY FL container $26.00 $61.00 per pickup B. Appliance & Furniture Item Collection Services $2.00 per apartment unit per month, (minimum of 12 month subscription service required) for call-in service with once a week collection on the regular collection day. Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LCD displays, or plasma displays will be charged $20.00 per device for the collection, processing and disposal of these devices. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. SERVICE If the container is not serviced during the scheduled refuse collection route, and the customer desires a special collection service, services will be provided at the standard refuse service fees. 6 If the furniture container is contaminated with refuse, construction materials, or contains other non- furniturematerials, the standard refuse service fees will apply. BILLING These accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. 7 SCHEDULE SWRR RESIDENTIAL RECYCLING (Effective 10/0 l /09) APPLICATION Applicable for residential family unit recycling materials collection and processing services. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MONTHLY RATE Containerized Collection Service 1 pickup per week $4.30 per bill -Single family Should any other fees be established by an authorized governmental entity, those fees will be added to the monthly rate to recover those costs. MINIMUM BILLING $4.3 0 per monthly bill If any other fees are established by an authorized governmental entity, the minimum billing would adjust to include those costs. BILLING Residential accounts will either be billed monthly or quarterly, depending upon the discretion of the General Manager, Solid Waste Services. EXCEPTION TO IMPOSITION OF RATE The residential recycling and processing services rate will not be charged for an unoccupied residential family unit that applies for and is granted the Minimum Billing/Base Rate Service as described in Schedule SWR. This exception shall be effective so long as the Minimum Billing/Base Rate Service rate is applicable to the unoccupied residential family unit. 8 SCHEDULE MFR MULTI-FAMILY CHEMICAL COLLECTION /RECYCLING (Effective 10/0 l /09) APPLICATION Applicable for multi-family residents living within the City of Denton's solid waste service area. These residents receive, participate in, and benefit from various City of Denton recycling and processing services. A multi-family unit includes each separate living unit of a four-plex, apartment, condominium, or other such multi-family living facility with four or more residences. Facilities that are constructed as boardinghouses, or contain living facilities with separate bedrooms for lease by each tenant, but that contain one common kitchen and/or open living area, will qualify as one living unit, and one multi-family recycling and processing charge will apply. MONTHLY RATE $1.75 per bill per multi-family living unit. MINIMUM BILLING $1.75 per monthly bill per multi-family living unit. BILLING Multi-family accounts will either be billed monthly or quarterly, depending upon the discretion of the General Manager, Solid Waste Services. 9 SCHEDULE SWC COMMERCIAL SOLID WASTE COLLECTION SERVICES (Effective 10/0 l /09) APPLICATION Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property not entitled to receive residential refuse collection service shall be required to have commercial solid waste collection service provided by the City of Denton. New commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and the Site Plan Criteria Manual. MONTHLY RATE Commercial refuse collection services are provided through avolume-based rate system. Refuse will be collected in city approved or city provided containers only. All non-city owned containers shall have a container permit affixed to the outside of each container in a location that is clearly visible when viewed by Solid Waste Department employees, from the front of the collection site. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. A. PERMANENT FRONT LOAD CONTAINER SERVICE (Long Term Scheduled Service) 1. 8 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 8 $116.00 2 16 $234.00 3 24 $352.00 2. 6 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 6 $ 95.00 2 12 $192.00 3 18 $289.00 10 3. 4 CUBIC YARD CONTAINER Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 4 $74.00 $89.00 2 8 $148.00 $178.00 3 12 $223.00 $269.00 4. 2 & 3 CUBIC YARD CONTAINERS Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 3 $60.00 $73.00 2 6 $122.00 $146.00 3 9 $184.00 $221.00 The Solid Waste Department will establish rates to recover the full cost of service for collection services at frequencies greater than three times per week. New two cubic yard containers and new side load container services are no longer available. Customers currently receiving two cubic yard or side load container services that discontinue these services may not reinstate this same service in the future. 5. CONTAINER EXTRA SERVICE (For a container reload and extra empty) Container Size Collection Service Fee 2 & 3 CY container $35.00 per pickup 4 CY container $40.00 per pickup 6 CY container $52.00 per pickup 8 CY container $65.00 per pickup These extra service fees apply if the truck, while on its scheduled route, remains on-site to provide the additional service and the driver waits while the customer reloads the container. On-site waiting time in excess of fifteen (15) minutes will be charged to the customer at the rate of $85.00 per hour. Waiting time will be billed in fifteen-minute increments. If the driver is called in from off site to provide same day extra service, there is a $50.00 same day service charge, plus the applicable collection service fee. B. COMMERCIAL CART SERVICE Commercial cart service is not available city-wide. In those areas where commercial cart collection is available, small quantity waste generators, generating less than one cubic yard of refuse per week, may contract for once per week cart service. All waste must be contained in the cart, and the cart set out for collection no later than 7:00 AM on the scheduled collection day. Bulky item collection services are not provided for commercial 11 cart service customers. One (1) pickup per week service Cart Capacity 1 Cart 2 Carts Large $18.75/bill $35.50/bill Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated ormanual collection service. A maximum of two carts is available. Service above this level will require the placement o a meta container. Extra empties performed while on-site will be provided at the one-cart rates listed above. C. TEMPORARY FRONT LOAD CONTAINER SERVICE (Short Term Service) Container Size Monthl. R~ Collection Service Fee 4 CY container $42.00 $73.00 per pickup 8 CY container $67.00 $99.00 per pickup Temporary service accounts incur container delivery charges to initially place the containers. D. ROLL-OFF OPEN TOP CONTAINER SERVICE Container Size Monthly Rental 15 CY container $107.00 20 CY container $118.00 3 0 CY container $13 9.00 Collection and Transportation Service Fees will be $230.00 for scheduled hauls and $250.00 (exclusive of disposal costs) for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate (See Schedule SWL). Customers that request the driver wait while they reload the container, in order for the City to provide an additional empty(s), will be charged the collection service fee and on- site waiting time in 15 minute increments at the rate of $85.00 per hour. Construction and demolition material (C&D) collections will be at the following rates provided with 30 cubic yard containers. a) Container Rental: $118.00 /month (3 0 CY container) b) Collection Service: $250.00 /haul (demand response) The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. 12 E. ROLL-OFF COMPACTOR CONTAINER SERVICE Container Size Monthly Rental 20 CY compactor $333.00 30 CY compactor $379.00 3 5 CY compactor $451.00 42 CY compactor $550.00 Collection and Transportation Service Fees will be $230.00 for scheduled hauls and $250.00 (exclusive of disposal costs) for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate (See Schedule SWL). The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. F. 6 CUBIC YARD COMPACTOR SERVICE Pickups per week Monthly Rental Collection Service Fee 1 $120.00 $147.00 per month 2 $120.00 $420.00 per month 3 $120.00 $700.00 per month G. SHARED COMMERCIAL CONTAINERS Shared commercial container customers must have at least one (1) cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste Division staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. H. MINIMUM COMMERCIAL CHARGE A minimum charge of $19.75 per monthly refuse bill will be charged to all non-cart commercial solid waste customers. Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated ormanual collection service. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs. Shared accounts are subject to other applicable service fees. 13 J. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. K. SPECIAL WASTE Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas Municipal Solid Waste Management Regulations and is conditional upon the waste requested for disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and the City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges, approved by the General Manager, Solid Waste, for the collection and disposal of special waste, will be established based on the type of special waste, and the requirements for collection and disposal of the waste. L. SERVICE REQUIREMENTS Equipment Use: The Equipment, whether one or more pieces, furnished by the City, shall at all times be considered the property of the City. Customer shall keep the Equipment free and clear of all levies, liens and encumbrances. Customer shall not modify the Equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the Equipments) furnished. The Customer, however, agrees to be solely responsible for any damages to or loss of Equipment resulting from any negligent acts or misuse by the Customer or Customer's agents or employees, or invitees. The City may temporarily replace the size and/or the type of Equipment contracted for with one or more pieces of Equipments) of equivalent capacity for the purposes of repairing the Equipment. Customer agrees that the Equipment is in the Customer's care, custody, and control at all times. Equipment Location: Customer shall provide an accessible location for the Equipment that is safe and provides adequate and legal clearance. This means that for a radius of at least five (5) feet around the Equipment there will be no objects or obstructions other than enclosures that meet City-required clearance standards. No container shall be set closer than two (2) feet to any structure (exception: a bollard in an enclosure). Additionally, the path that the City's Service truck must take on Customer's premises, must provide a minimum clearance on each side of the City's truck of at least two (2) feet. Overhead clearance of twenty-five (25) feet is required for roll-off containers, and twenty (20) feet for front and side load containers. Failure to maintain or provide these minimum clearances will result in the City's refusal to pay any and all damage claims and/or to service the container. Customer will be solely responsible for providing access to the Equipment at all times, and agrees that Customer shall not be relieved of payment of any charges for Services contracted for, but not provided by the City, because of Customer's failure to maintain continuous prescribed access to the Equipment. Outside of normal wear and tear, the maintenance required to place the Container at another location will be charged to the Customer. Indemnification and Hold Harmless. Customer agrees that the City will not be liable to Customer. Customer shall defend, indemnify and hold the City harmless from any and all claims made by Customer's lessor or Customer's lessee at the Service location, and any and 14 all claims made by any other person having an interest in the property situated at the Service location, for any loss, damage or deterioration of the pavement, surface or subsurface materials or facilities at the Service location by reason of use thereof by the City's trucks that are used to Service the Equipment. Customer agrees to release, indemnify, defend and hold harmless the City of Denton, Texas from and against any and all claims for damages to enclosures or screening devices, from solid waste Equipment which do not have an access opening of at least twelve (12) feet inside diameter (ID) for front-load Equipment; and fifteen (15) feet (ID) for roll-off Equipment. Customer further agrees to release, indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of damages related to the furnishing of commercial solid waste service performed by the City. M. MISCELLANEOUS SERVICE CHARGES A delivery fee of $95.00 per container will be charged to all customers for roll-off containers. A delivery fee of $75.00 per container will be charged to all customers for front load or side load containers. A relocation fee of $95.00 will be charged for each roll-off container that is relocated at the customer's site, unless relocation occurs during a service. Front load and side load container relocations are charged $75.00 per service. A $50.00 fee will be charged for each request for same day service. The Solid Waste Department Customer service personnel must receive on-demand service requests prior to 11:00 A.M. on the day service is requested in order to provide same day collection service. An access fee will be charged for containers that present accessibility problems, and/or require additional services or time. Containers that are inaccessible at the time of collection will be charged an inaccessible fee of $95.00 for roll-off containers and $75.00 for all other containers. On-site waiting time will be charged in fifteen (15) minute increments at the rate of $85.00 per hour. A $150.00 fee will be charged for the Solid Waste Department's installation or removal of container oc s. Loaded side-load containers shall not exceed a total weight of one ton. Loaded front-load containers shall not exceed a total weight of two tons. Any container evaluated by the City's collection manager to contain excess weight shall be emptied by the customer to the level determined by the collection manager prior to being serviced. Tickets and/or fines for overweight roll-off loads, and the city's administrative costs, are the responsibility of the customer, and shall be paid by the customer. Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LCD displays or plasma displays will be charged $20.00 per device for the collection, processing and disposal of these devices. Appliances manufactured to contain PCB's or CFCs, for which the customer provides no certified removal documentation of the PCB's or CFCs, will be charged $50.00 for the collection and disposal of each appliance and/or the associated materials. There is no charge for the collection of appliances which were manufactured to contain either PCB's or CFCs, 15 if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's or CFC's have been properly removed for disposal. If the Solid Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests services through the Solid Waste Division. Other commercial services may be provided at fees established by the Solid Waste Division, and approved by the General Manager, Solid Waste Services. The fees established will recoup the costs and administration of the special services provided. For containers, a commercial solid waste service deposit is required. Customers shall be assessed a deposit of $150.00, for up to four containers. Deposits for additional containers are $50 per container. Payments to the City that are not received within the due date will result in the customer's deposit being increased during the next billing cycle. The deposit increase will be based upon the customers billing history. To continue receiving service, the customer is required to remit the previous service balance owed and the increased deposit charges. The General Manager, Solid Waste Services, or designee, may waive the deposit based upon the review of the customer's credit history and other criteria. N. NO PARKING ZONE FEES FOR CONTAINERS IN RIGHT-OF-WAY No Parking Zone fees provide for an identifiable and painted area in the street which is designated as a vehicular No Parking Zone, which provides for road clearance, allowing the city's trucks to always have accessibility to the customer's container. The No Parking Zone is designed to prevent the container from being blocked by another vehicle, and therefore eliminates additional service fees from being charged to the customer, and the need for the city's truck driver to return to the customer's address and empty the container once a vehicle blocking a container has moved. Customers may secure a dedicated No Parking Zone for front load and side load containers by completing an application with the City Traffic Engineer. The initial application and first calendar year fees are: 1. Single length No Parking Zone for each front load container is $175 for the initial calendar year. 2. Extra length No Parking Zone for each side load container is $350 for the initial calendar year. Renewal fees for each subsequent calendar year will be: 1. $2.80 per month for each single length front load No Parking Zone. This fee will be billed monthly on the customer's utility bill. 2. $5.50 per month for each extra length side load No Parking Zone. This fee will be billed monthly on the customer's utility bill. 16 SCHEDULE SVVCR COMMERCIAL RECYCLING SERVICES (Effective 10/0 l /09) APPLICATION Owners and managers of various multi-family living units, businesses, commercial and institutional businesses, and properties receiving commercial solid waste collection services are subject to receive a refuse audit to determine if they generate enough commercial recyclables to warrant receiving commercial recycling services. Commercial recycling services are available to specific commercial customers only. QUALIFICATION Commercial recycling is not available for all multi-family living units and commercial and institutional businesses operating within the City of Denton. The General Manager, Solid Waste Services or designee will evaluate interested and solicited commercial businesses and the projected volume of recyclable materials from these businesses to determine if commercial recycling services justify being provided. MONTHLY RATES Rates will recover the cost of service. Rates will vary by container size, frequency of collection service provided, and the commodity collected. Based on the recyclable volumes projected, and the City's recommendation, collection services will be provided using either a fixed or demand response collection schedule. City of Denton Municipal Building Collections: Cart -Curb collection $18.25 per bill Cart -Building collection $20.25 per bill Recycling Container Delivery: Front Load $75.00 each Roll-Off $95.00 each Commercial Collections: 8 CY -1 x week $104.00 per bill 8 CY -1 x every two weeks or less $94.00 per bill 8 CY -Extra empty (per container) $104.00 each 6 CY -1 x week $86.00 per bill 6 CY -1 x every two weeks or less $76.00 per bill 6 CY -Extra empty (per container) $86.00 each 17 Small Business Curbside Recycling $4.30 per bill Demand Response (Temporary) - 8 CY: Rental (Per month) $32.00 per bill Service (While on route) $29.00 each Roll-Off Recycling ~ - 30 CY: Rental $118.00 per bill Service (per collection) $250.00 per bill ~ Possible revenue sharing opportunity with commercial entity Special Events Recycling: Small Events -10 collapsible, portable receptacles $52.00 per event Dumpster Package -1 x 8 CY dumpster service, plus 10 collapsible, portable receptacles $104.00 per event Dumpster Package -Extra 8 CY empty $104.00 each The General Manager, Solid Waste Services may establish rates for additional sizes and levels of service. MINIMUM BILLING The minimum billing required is the amount of service provided and applicable for each billing perlo . Shared commercial container customers must have at least one (1) cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste Department staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. ACCEPTABLE RECYCLABLE MATERIALS Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. NON-ACCEPTABLE MATERIALS Only materials mutually agreed upon by the commercial recycling customer and the City are acceptable in the provided recycling container. The owner/manager of the commercial entity is the party responsible for notifying his/her personnel of proper recycling procedures. 18 RIGHT OF LOAD REFUSAL The City reserves the right to refuse recycling loads containing any materials other than the contracted material. If a load is refused as recycling by the City, it will be handled as municipal solid waste (MSW) and incur both the contracted recycling charges as well as associated commercial solid waste disposal rates. OTHER CHARGES All other solid waste services performed will be charged at listed solid waste rates, or at fees established to recoup the costs and administration of the services provided. RECYCLABLE MATERIALS SALES Recyclable glass, plastic, metals, wood, and fiber materials maybe sold at no less than forty-five percent of the current market index price. 19 SCHEDULE SWC&D CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES (Effective 10/0 l /09) APPLICATION Applicable for construction, deconstruction, and demolition sites where the customer requests the City of Denton provide roll-off collection services for the recycling and reuse of the salvaged materla s. ACCEPTABLE RECYCLABLE MATERIALS Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. RATES Rates are established for roll-off collection and transportation services of the listed materials and any other mutually agreed upon materials for which recyclable and reuse markets exist. Collection services for materials not provided for under this Schedule SWC&D may be provided by the City at fees established by the General Manager, Solid Waste Services. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the services provided. a) Container Rental: $100.00 /month (20 CY - for C&D materials) $118.00 /month (30 CY - for C&D materials) Trash containers will be charged standard refuse rental rates. b) Collection Service: $250.00 /haul (Demand Response) c) Disposal, Processing, Transfer, Handling, Marketing Fees: 1. Meta (c ean) ii. Wood ~ (clean): $20.00 I ton for recycling via composting; iii. Concrete I block I brick ~ (clean): $5.00 / CY; iv. Cardboard ~ (clean): v. Trash: $37.00 /ton d) C & D landfill volume charges for uncontaminated loads of mixed or sorted recyclables ~ i. Uncompacted Materials $5.00 / CY ii. Mixed C&D Materials Processing Fee $5.00 / CY ~ Contaminated loads will be charged a disposal rate of $37.00 /ton. 20 Pricing for materials not provided for under this Schedule SWC&D may be provided by the City at fees established by the General Manager, Solid Waste Services. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the services provided. MINIMUM BILLING The minimum billing required is the amount of service provided and applicable for each billing perlo . BILLING Customer accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. 21 SCHEDULE SVVP COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 10/0 l /09) APPLICATION Any person, entity, or business engaged in the collection and transport of waste or recyclables, including but not limited to municipal solid waste, special wastes, hazardous wastes, liquid wastes, and those wastes or recyclables the city does not collect and transport, must possess a current permit issued from the city prior to providing collection and transportation services in the city limits of Denton. 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 • Restaurant Oil and Grease Waste • Grease & Grit Trap Waste • Commercial and Industrial Recyclable Materials • Residential Recyclable Materials • Construction and Demolition (C&D) waste, recyclables, reusables, and discarded C&D materials • Waste and recyclable collection service providers operating in newly annexed areas, or contract service providers for the city The person applying for a permit will make application through the City on forms provided for that purpose, and shall pay the required application fees at the time of permit application. Application, service, and container fees must be paid prior to the issuance of the permit. Fees calculated as a percentage of gross revenues will be paid to the City a minimum of quarterly. 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. GRANTING OF PERMIT As a condition of granting a permit, permitee agree to execute and comply with all requirements of the service agreement, carry specific types and amounts of insurance, submit reports, and timely pay the necessary fees. Following the granting of a permit, permit stickers will be issued by the City and placed on all vehicles operating within the city limits of Denton and on all containers placed within the city limits of Denton. Collection and transportation vehicles operating in Denton, and containers set in Denton, are required to display a current and valid calendar year permit sticker. City staff, after reviewing the permit application and agreement, and after conducting any necessary 22 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 in each materials category. EXCLUSIONS Individuals living within the city limits of Denton, and hauling personal materials, wastes, or recyclables from their primary living residence are exempt from this requirement. Any person who transports applicable materials three or fewer times per year, shall register with the City on the forms provided for that purpose. No annual service fees are required, but registration and permitting through the City is required. FEES Application fees are payable at the time of application submittal and shall be submitted to the City upon submittal of the application. Application, service, and container fees are due and payable prior to the issuance of a permit. Application, service, and container fees are non-refundable. Service and container fees are non-transferable between vehicles and containers, and are unit specific. Service fees based on a percentage of gross revenues are due quarterly and require payment to the City within thirty (30) calendar days following the end of each calendar quarter. Interest charges, late charges, and other fees will accrue for delinquent quarterly payments. Permits are issued annually and are effective from January 1St or the date of issuance, whichever is later, through December 31St 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 materials. Early submittal of applications, by December 1St, will eliminate the possibility of permits being issued after January 1St Container fees apply to each container placed by the permitee within the City limits of Denton, and non-city owned containers serviced by the city, but do not apply to residential refuse carts. Containers are defined as any refuse containment equipment, which can be lifted and emptied using a special vehicle designed for that use, i.e. which are not emptied manually. Container fees are established at $4.00 for each cubic yard of container capacity, per container, per calendar year. Containers will not be placed in a street, alley, or city right-of way (ROW). If an exception exists, and a container is placed in a street, alley, or city ROW, an additional ROW usage fee will be assessed of $4.00 per cubic yard of container capacity per month (not prorated) for as long as the container is located in the City's ROW. All containers require a container permit fee regardless if the container is or is not placed on the ground. Fees applicable for wastes and recyclables are listed below. A. Special Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an 23 additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] B. Medical Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] C. Hazardous Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] D. Restaurant Oil and Grease Waste Collection and Transportation Permit Grease & Grit Trap Waste Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] E. Commercial Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue of the market value of recycled materials or of services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of Way Fee of $4.00 per cubic yard, per container, per month. F. Residential Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid no less than quarterly.] 24 G. Construction and Demolition (C&D) Collection and Transportation Permit a. Large C&D Operators: 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of Way Fee of $4.00 per cubic yard, per container, per month. b. Small C&D Operators: Transporters with no more than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds, and with less than five service locations, will be charged: 1. Application Fee: $200 annually. 2. Service Fee: $200 per vehicle annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of Way Fee of $4.00 per cubic yard, per container, per month. H. Municipal Solid Waste (MSW) Collection and Transportation Permit Available only to companies that provide solid waste services in newly annexed areas for specific periods of time, or are contract service providers for the city. 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid no less than quarterly.] I. Non-City Owned Refuse Container Permit For non-city owned refuse containers serviced by the city, the container owner shall pay a container permit fee of $4.00 per cubic yard, per container, annually, billed on the solid waste service bill. SMALL OPERATORS The following waste categories of applicants may additionally qualify as Small Operators for the purposes of this rate schedule, and shall be charged the Small Operator rates provided below: • Special Waste • Medical Waste 25 • Hazardous Waste • Restaurant Oil and Grease • Grease & Grit Trap Waste The above listed categories of applicants with less than five service locations within the City of Denton, and operating with a total fleet of less than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds, will be subject to the following Small Operator rates: a. Application Fee: $200 annually. b. Service Fee: $400 per vehicle annually, and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] c. If applicable, container fees of $4.00 per cubic yard, per container, annually. d. If applicable, a Right-of Way fee of $4.00 per cubic yard, per container, per month for containers in the public R-O-W. SERVICE FEE CALCULATIONS Any fee which requires a calculation of a percentage of revenue, or of materials sales, or of services provided requires that the calculation be provided, with complete financial detail, to the City along with the Service Fee payment to the City. This written financial disclosure shall provide a detailed explanation of how all calculated Service Fees were determined, and shall be provided to the City either quarterly or monthly, at each required Service Fee payment period. INTEREST CHARGES, LATE CHARGES Permittees who elect, or are required to provide quarterly payments to the City will incur interest and late charges on all quarterly payment amounts not received by the City during the month following the end of the quarter. All quarterly payments are to be received by the City during the months listed below: uarter Payment Received by City in Month January -March April April -June July July -September October October -December January Payments not received during the month in which they are due will begin incurring interest charges of 1 %2 % per month, or the maximum percentage allowed by law, whichever is lower, on the unpaid amounts. Late payment charges and other fees will apply as established by the City's Customer Service Department. Late payments past due beyond the month in which they are due, will automatically result in the service provider being issued a "No Operations" declaration. PENALTIES / "NO OPERATIONS" DECLARATION A business which has not been permitted by the City to operate within the city limits of Denton; or has been suspended by the City from operating within the city limits of Denton, Texas shall be charged a sum of up to $500.00 per day by the City, for each day of violation of this ordinance, if the provider violates the `No Operations' requirement prior to receipt of a City of Denton permit, or 26 during any suspension of a permit period. Each day of illegal operations during a `No Operations' period is considered a separate violation and the service provider is subj ect to being charged a sum of up to $500.00 for each day of violation. Following the receipt of a `No Operations' declaration and prior to a service provider being reinstated to legally operate within the City limits of Denton, the service provider must meet with the City staff to update their application and agreement and make payment of all monies owed to the City. If a service provider operates a vehicle within Denton's city limits which has not been permitted, or uses a container which has not been permitted, or operates any piece of equipment with an expired permit, or performs some other permit violation, or does not make payment of the appropriate fees in a timely manner, the City will issue a "No Operations' declaration to the service provider, and assess all applicable permit violation fees. Once a service provider has been issued a "No Operations' declaration from the City, all services to be provided within Denton's city limits are required to cease. Following a meeting with the City staff, and the payment of all monies owed the City, the status of the permit will be determined. REVOCATION ORNON-RENEWAL OF PERMITS If the City finds any requirement of the permit to have not been met, or violated, or observes service providers operating within Denton's city limits without current permits, he may institute a `No Operations' declaration, and additionally revoke or not renew the service providers permit, thereby requiring the service provider to cease all operations within the city limits of Denton. RECLASSIFICATION OF RECYCLABLES Recyclables containing five-percent or more contamination, as determined by the City, will be considered refuse, and its collection may not be provided by service providers permitted under this ordinance. This material shall be reclassified as refuse and will be collected by the City of Denton. The General Manager, Solid Waste Services or his designee, will make the final determination on whether stored recyclables contain excessive contamination, which at the City's determination, may cause the reclassification of these materials to municipal solid waste (MSW), thereby negating the ability of a service provider to transport this material within Denton's city limits under their operating permit as per this ordinance. TERM AND RENEWAL All collection and transportation permits shall be valid for each calendar year, and for not more than one calendar year from the date of issuance. Permittees shall provide make a written application for renewal a minimum of thirty days prior to the permit expiration to prevent a possible lapse in permitted services. The renewal application will update the information provided in the initial application. Applications for renewal shall be processed in the same manner as an initial application. All renewal fees are required to be paid prior to reissuing the permit for the upcoming calendar year. 27 SCHEDULE SWL SANITARY LANDFILL SERVICES (Effective 10/0 l /09) A. MUNICIPAL SOLID WASTE (MSW) DISPOSAL RATES: Gate Rate -MSW $41.00 /ton Wholesale Rate -MSW $23.00 /ton Wholesale customers of greater than 3,000 monthly tons may receive discounts for guaranteed delivery volumes. Pricing for special waste streams will be established by the General Manager, Solid Waste Services at a rate to fully recover costs. Water treatment plant sludge and biotech landfill feedstock meeting department's quality acceptance criteria - $18.00 per ton. Volume based rates may be charged based on the gross body volume capacity of a hydraulically dumped commercial vehicle(s). MSW C&D Uncompacted $7.70 /cubic yard $7.50 /cubic yard Compacted $8.10 /cubic yard - Uncontaminated Construction and Demolition (C&D) materials, meeting City of Denton screening criteria, will be accepted on a per ton or cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be delivered. The current State of Texas landfill surcharge of (30 TAC 330.602) $1.25 per ton is included in the above disposal rates. Any additional assessment or fees established by a government entity will be added to the disposal rates and assessed on all waste delivered to the landfill. B. MINIMUM LANDFILL CHARGE There shall be a $17.00 minimum charge per load for all materials delivered to the landfill. C. MIXED LOADS Customers bringing mixed loads of municipal solid waste, yard waste, and bulky items to the landfill will be charged the applicable rate, or rates to cover the cost to handle wastes of various types, characteristics, and amounts. 28 D. TIRES Charge /Whole Tire Charges for tires not shredded or quartered: 1. Street tires < 31"diameter $7.00 each 2. Street tires > 31"diameter and < 42" diameter $9.00 each 3 . All off road tires and street tires > 42" diameter $18.00 each E. YARD WASTE 1. Whole trees and stumps $50.00 /ton 2. Clean bagged or un-bagged grass, leaves $20.00 /ton or brush in less than twelve (12') foot lengths 3. Clean bagged or un-bagged grass, leaves, $30.00 /ton or brush greater than twelve (12') lengths All contaminated yard waste in this category will be charged a MSW disposal rate. F. APPLIANCES AND CERTAIN ELECTRONICS For appliances, which were manufactured to contain PCB's or CFCs, and for which no certified removal documentation is provided, there will be a $50.00 charge per appliance. Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LCD displays or plasma displays will be charged $15.00 per device for the collection, processing and disposal of these devices. G. INERT MATERIAL S Inert Materials (Clean) $10.00/ CY For large volume projects in excess of 100 cubic yards: $5.00 / CY Asphalt/Concrete: Inert materials include clean and uncontaminated loads of millings, concrete, asphalt, road-base, or similar materials, which may be recycled. The posted inert materials rate will be charged, or rates to cover the cost to handle various types, characteristics, and amounts of these and other acceptable inert materials. Periodically these materials maybe sold to Denton's citizens. Brick/Block: Clean and uncontaminated brick and block will be accepted at the landfill at no charge. H. SAND, SELECT SOIL, AND ROCK The Solid Waste Department may sell excess sand, select soil, and rock to the public. 29 Rates per Cubic Yard (CY) Gross Volume -City Loaded: Sand Select 1.0 - 50.0 Cubic Yards (CY's) $5.00 $7.00 51.0 - Greater CY's $3.00 $4.00 Customer Loaded Materials: 51.0 - Greater CY's $2.00 $3.00 Materials Delivery Fees (Cit.. Lam): $100.00 per load Customers wishing to purchase large volumes of soil, greater than 50 CY's, and load their own vehicles, will be required to provide proof of insurance meeting the city's minimum liability insurance coverage. Large volume sales and the actual rates charged will require pre-approval by the General Manager, Solid Waste. The soils must be excess to the needs of the Solid Waste Department. Pricing for special soils will be established by the General Manager, Solid Waste at a rate to fully recover costs. If available, rocks will be sold on a weight basis, at $5.00 per hundred weight. I USED CONTAINER SALES The Solid Waste Department will sell used metal containers and used surplus carts from time to time, as they become available for sale. Used surplus large carts will be sold for $15.00 each, with an adjustment for condition, and their projected useful life. Other size carts will be sold based on apro-rata adjustment for the plastic content. J. SPECIAL WASTE AND OTHER WASTE STREAMS The acceptance by the landfill of and the disposal of special waste or other waste is conditional. Acceptance of special waste or other waste is subject to Federal and State laws and regulations. The City of Denton has the right to refuse to accept or dispose of special waste or other waste at its discretion. Charges for the disposal of special waste or other waste will be established based on the type, characteristics, and amounts of waste, as well as the requirements for disposal of the waste. Such charges shall be established by the General Manager, Solid Waste, or designee. K. UNSECURED LOADS In compliance with State regulations, solid waste loads that are not adequately secured to prevent the material from spilling will be charged an Unsecured Load Charge of $20.00 for each load. L. OTHER CHARGES Other landfill services that are not otherwise listed under this Schedule SWL, may be provided by the City at fees established by the General Manager, Solid Waste. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the non-listed landfill services. 30 M. BILLING Landfill accounts will either be billed monthly or bi-weekly, upon the discretion of the General Manager, Solid Waste Services. 31 SECTION 2: The General Manager of Solid Waste of the City of Denton is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non- compliance with verbal and written instructions provided to the customer by Solid Waste Department personnel at the landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non-compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any violation of the written landfill rules by the customer as posted by the Solid Waste Department at the entrances to the landfill, from time to time. SECTION 3: It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26- 7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste service. SECTION 4: All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5: If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6: This ordinance shall become effective, charged, and applied to all solid waste services rendered by the City of Denton on and after October 1, 2009; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 32 APPROVED AS TO LEGAL FORM: A1~IITA BURGESS, CITY ATTORNEY By: 33 ORDINANCE N0.2009- AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY UTILITIES CUSTOMERS CONTAINED IN ORDINANCE N0. 2008-216; ADDING A NEW CUSTOMER APPLICATION CHARGE; AMENDING SECITON 26-3 OF THE CODE OF ORDINANCES REGARDING RESIDENTIAL SERVICE DEPOSITS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the schedule of charges for general utility services as generally provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton customers and taxpayers, are hereby established as follows: SERVICE CHARGES AND PROCEDURES SCHEDULES A. ACCOUNT CONNECTION AND RECONNECTION CHARGES PAGE Meter Connection Charge 3 Meter Reconnection Process Charge 3 Unauthorized Usage Penalty 4 New Customer Application Charge 4 B. METER CHARGES Meter Reading 5 Meter Testing 5 Meter Tampering and/or Damage Charge 5 Meter Inaccessibility Charge 6 C. MISCELLANEOUS FEES, CHARGES AND DEPOSITS Returned Payment Charge 7 Service Deposits 7 Waiver of Service Deposits 8 1 Late Payment Charge Due on Delinquent Balances 8 Interest Charge on Past Due Account Balance 9 Credit Report Charge 9 Interest Earned on Contract Retainage 9 2 ACCOUNT CONNECTION AND RECONNECTION PROCESS CHARGES (Effective 10/0 l /09) For the purposes of this rate schedule, business hours shall be defined as Monday through Friday, 8:00 AM to 5:00 PM. METER CONNECTION CHARGE APPLICATION Applicable when a customer requests service on a first time basis where no permanent service previously existed and where a new account number is established or, when a customer requests service at an address which has existing or previous service, with an existing account number and history, and the electric and/or water meter must be installed or activated for readiness. CHARGE First Service Requested $22.00 First Service Requested, guaranteed $55.00 same ay service First Service Requested, after $55.00 business hours METER RECONNECTION PROCESS CHARGE APPLICATION Applicable when a customer's account is processed for disconnection due to nonpayment. CHARGE Meter Reconnection Processing Charge $ 30.00 (When service is disconnected at the meter socket) Meter Reconnection Charge $110.00 (When service is disconnected at the transformer) Reconnect Charge, guaranteed same day service (In addition to normal reconnect charges) $ 55.00 Reconnect Charge, after business hours (When service is disconnected at the meter socket) $ 55.00 Reconnect Charge, guaranteed same day service (When service is disconnected at the transformer) $145.00 3 Reconnect Charge, after business hours (When service is disconnected at the transformer) $145.00 when more than one trip, within twenty-four (24) hours, is required to restore a customer's service, a Return Trip Charge, in addition to the Reconnection Charge, shall be applied for each additional trip. Return Trip Charge during business hours $30.00 Return Trip Charge after business hours $55.00 UNAUTHORIZED USAGE PENALTY APPLICATION Applicable to any customer that fails to request connection of services within 24 hours of occupancy in a new service location. CHARGE Unauthorized Usage Penalty $30.00 NEW CUSTOMER APPLICATION FEE APPLICATION Applicable when a customer requests new service or is added to an existing account and provides Social Security information to verify identity and credit history. CHARGE New Customer Application Charge -per person $ 3.00 4 METER CHARGES (Effective 10/0 l /09) METER READING APPLICATION Applicable to any electric or water utility customer who requests a reading of a city meter due to a contested billing more than twice in the previous twelve (12) months, and no error is found. CHARGE Per Additional Reading $25.00 METER TESTING APPLICATION Applicable to any customer who requests the testing of a city meter previously tested within the past four (4) years and the meter is found to be within accuracy standards. CHARGE Per Test $27.00/KWH Electric Meter $38.00/Kw/KVVH Electric Meter ACCURACY STANDARDS A meter is defined as within accuracy standards when found to be plus or minus two percent (2%) or less. METER TAMPERING AND/OR DAMAGE CHARGE APPLICATION Applicable to any person that tampers with, damages, or illegally connects to a city electric, water, or wastewater utility system. CHARGE Per Event $200.00 minimum per connection per system 5 METER INACCESSIBILITY CHARGE APPLICATION Applicable to any customer who prevents the regular and routine reading, maintenance, repair or removal of any city meter due to inaccessibility of the meter. CHARGE Per event $38.00 6 MISCELLANEOUS FEES, CHARGES, AND DEPOSITS (Effective 10/0 l /09) RETURNED PAYMENT CHARGE APPLICATION Applicable when a customer's or taxpayer's check, or money order, or bank draft for payment of fees, fines, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank and returned to the City of Denton unpaid. CHARGE Per Check $27.00 SERVICE DEPOSITS APPLICATION Applicable when a residential customer requests utility service in the City of Denton service area and does not have twelve (12) months of good credit standing with the City of Denton or another utility system for the type of service requested, or does not have a co-signer with twelve (12) months of good credit standing with the City of Denton, or does not request and demonstrate a passing credit rating through a credit reporting agency. Applicable when a commercial customer does not have twenty-four (24) months of good credit standing with the City of Denton, or a commercial letter of good credit from another utility system. Not applicable when a commercial customer provides an irrevocable letter of credit to the City of Denton as security for payment. CHARGE Residential Customer $150.00 or an amount equal to 1/6 of the last 12 months of billing at the service location, whichever is greater. If utility service is disconnected for non-payment, then the customer will be required to pay a deposit sum equal to 1/6 of the last 12 months of billing at the service location. Commercial Customer $300.00 or an amount equal to 1/6 of the last 12 months of billing at the service location, whichever is greater. If utility service is disconnected for non-payment, then the customer will be required to pay a deposit sum equal to 1/6 of the last 12 months of billing at the service location. 7 Deposits will earn interest for the customer. The applicable rate of interest will be adjusted semi-annually to equal the rate of a one-year United States Treasury Note on October 1 and April 1 of each year. If refund of deposit is made within thirty (30) days of receipt of deposit, no interest payment will be made. If the City retains the deposit more than thirty (30) days, payment of interest, at the current rate, shall be made retroactive to the date the deposit was paid, A. Payment of the interest to the customer shall be made at the time the deposit is returned or credited to the customer's account. B. The deposit shall cease to earn interest on the date it is returned or credited to the customer's account. WAIVER OF SERVICE DEPOSITS APPLICATION Applicable when an Applicant is a citizen of the City of Denton, Texas and who also is a "victim of family violence," applies for utility service in the City of Denton, Texas. To be a qualified as a "victim of family violence" an Applicant must secure and provide a certification letter, provided by one of the certifying entities to the Utilities Customer Service Department. If a proper, dated and completed certification letter is presented by or on behalf of the Applicant to the Utilities Customer Service Department, and its issuance is verified by the Utilities Customer Service Department, then the requirement of a utility deposit shall be waived for that Applicant. This provision is applicable solely to "victims of family violence" as defined by Texas Family Code, §71.004, as amended. No other relief from the City's utility rates, or deposits, or charges, or fees is hereby provided to "victims of family violence." LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES APPLICATION To cover a portion of the administrative costs of collecting past due balances, a late payment charge shall be assessed on the fifth business day following the due date. CHARGE $10.00 late payment charge 8 INTEREST CHARGE ON PAST DUE ACCOUNT BALANCE APPLICATION Interest shall be assessed on any past due account balance (excluding late payment charges) that remains unpaid at the time of the current month's billing calculation. The interest provided for and assessed herein shall be due and payable on the due date of the current month's billing statement. CHARGE 1 % / month on all past due charges and account balances unpaid at the time of the current month's billing ca cu anon. ~ Under no circumstances shall the interest charge provided for herein exceed the legal rate of interest. To the extent that it does so, the charge is inadvertent, and the City intends only to assess, charge and collect such interest rate that does not exceed the highest lawful rate. CREDIT REPORT CHARGE APPLICATION This fee is applicable if the customer: (a) cannot provide a satisfactory credit rating through previous service history with Denton Municipal Utilities or another utility service; or (b) cannot provide the city with a qualified co-signer, and (c) provides written authorization for the city to obtain a credit rating from a credit source available to the city. CHARGE Charge per credit report $13.00 INTEREST EARNED ON CONTRACT RETAINAGE Contract retainage will earn interest for the contractor as provided by TEX. REV. CIV. STAT. ANN. Article 6252, Sec.Sb (Vernon Supp. 1992). The rate of interest will be adjusted semi- annually to equal the interest rate of a one year United States Treasury Note on October 1 and April 1 of each year. Payment of the interest shall be made at the time the retainage is paid to the contractor. 9 SECTION 2. That 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. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. That this ordinance shall become effective, charged, and applied to all services occurring on and after October 1, 2009; and a copy of said fees and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 10 ORDINANCE N0.2009- AN ORDINANCE AMENDING THE SCHEDULE OF ENGINEERING FEES CONTAINED IN ORDINANCE N0. 2008-215; PROVIDING A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas incurs administrative expenses in providing inspection services for public improvements which are constructed by developers, and should be properly borne as fees by developers; and WHEREAS, when contractors or utilities perform work within City of Denton right-of way, the City incurs right-of way inspection and administrative expenses, which should be properly borne as fees by the contractor or utility requesting services; and WHEREAS, when commercial establishments require loading zones, or parking lots, or commercial establishments file variances or appeals to the Traffic Safety Commission regarding the proper traffic flow and safety, the city of Denton thereby incurs inspection and administrative expenses, which should be borne as fees to the commercial establishment seeking the City action; and WHEREAS, the City Council finds that such fees as are recited herein bear a reasonable relationship to the actual administrative costs and expenses incurred by the City of Denton to conduct such inspections, and that the following ordinance should be enacted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. That a public works inspection fee is hereby established in an amount equal to 3.5% of the cost to construct public improvements by developers. This inspection fee must be paid to the City by the developer of such development prior to the City's authorization to proceed with construction of the public improvements. The cost to construct the public improvements is the cost set forth in the public improvements agreement by and between the City and the developer. The inspection fee covers inspection services by the City for weekdays, Monday through Friday from 8:00 a.m. to 5:00 p.m. Should the developer request inspection during any other time period including weekends, an additional overtime fee (the "Overtime Fee") shall be paid to the city based upon the following hourly rate: $105.00 per hour as of and after the effective date of this ordinance. A minimum Overtime Fee shall be deposited with the City based upon four hours, at least 24 hours before the overtime inspection is scheduled to start; except that the weekend overtime deposit may be received on or before 12:00 p.m. of the Friday immediately preceding the weekend overtime period. If there are more than four overtime inspection hours, developer will be billed for such additional hours, which shall be paid no later than fifteen (15) days after the date of the billing, and prior to incurring additional overtime inspections. Authorization to 1 proceed with construction of the public improvements will be withheld until all outstanding inspection fees owing the City are paid in full. SECTION 3. Aright-of way inspection fee is hereby established in an amount equal to $75.00 per hour, with a minimum of one hour for each inspection conducted. The inspection fee covers inspection services by the City for weekdays, Monday through Friday from 8:00 a.m. to 5:00 p.m. Should the developer request inspection during any other time period including weekends, an additional overtime fee (the "Overtime Fee") shall be paid to the city at a rate of $105.00 per hour. The right-of way inspection fee will be invoiced monthly and must be paid to the City by the contractor or utility undertaking construction or repairs with the City right-of way no later than fifteen (15) days after the date of the invoice. Authorization to proceed with construction of the public improvements will be withheld until all outstanding inspection fees owing the City are paid in full. Failure to pay the fee in full may result in the City terminating the contractor's or utility's right to work within the City right-of way. SECTION 4. A parking lot permit inspection fee is to be paid to the City of Denton, and is hereby established in an amount equal the following: Parking lot permit fees 1- 50 spaces $540.00 51-100 spaces $720.00 101- 250 spaces $900.00 251- 500 spaces $1,080.00 This parking lot permit inspection fee must be paid to the City by the developer or contractor of such facility prior to the City's authorization to proceed with construction of the parking lot facilities. SECTION 5. A fee for appeals or for variances to the City of Denton Traffic Safety Commission is to be paid by the Applicant to the City of Denton, and is as follows: Fees for appeals or variances to Traffic Safety Commission Fee per appeal or variance $300.00 SECTION 6: A loading zone permit fee is to be paid by the Applicant to the City of Denton and is hereby established in the following amounts: 1. A single loading zone shall be a fee of $175.00 per year 2. A double loading zone shall be a fee of $350.00 per year 2 That any renewal of a loading zone permit shall require the payment by the Applicant to the City of Denton and is hereby established in the following amounts: 1. A single loading zone shall be a fee of $175.00 per year 2. A double loading zone shall be a fee of $350.00 per year SECTION 7: All ordinances or parts of ordinances in force when the provisions of this ordinance becomes effective which are inconsistent or in conflict with the terms or provisions contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SECTION 8: If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 9: The Schedule of Rates herein adopted shall be effective, charged, and applied to all engineering services occurring on and after October 1, 2009; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 3 1 MINUTES 2 PUBLIC UTILITIES BOARD 3 August 10, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, August 10, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Bill Cheek, Randy Robinson, Bill Grubbs, Phil Gallivan and 11 Barbara Russell. 12 13 Ex Officio Officers: 14 George C. Campbell, City Manager 15 Howard Martin, ACM Ut111t1eS 16 17 Absent: John Baines, excused 18 19 OPEN MEETING: 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION: 22 23 7) Receive a report, hold a discussion and take action on Electric, Water, Wastewater, Solid 24 Waste, Miscellaneous, and Engineering Fee Ordinances effective for FY 2010. 25 26 Howard Martin stated that during the last meeting there were minor changes proposed to various 27 rate ordinances. However, in the last review of the rate increases, staff did not include electric 28 rate increases and that the difference between this meeting and the last meeting is minor changes 29 to the electric rate ordinance. ACM Martin then called on Phil Williams, General Manager, to 30 present this item. Williams stated the minor changes were to the wording and there were no 31 changes in the rates. ACM Martin stated that for Utilities there would be no change in rates. 32 33 Chair Dick Smith questioned that most residential water taps are 3/4". Fisher replied that is 34 correct. Chair Smith then stated that those fees have gone up 131/2% and how did staff determine 35 that increase and is it based on recovery of cost. Fisher replied most meter sets are part 36 installation when the developer is extending the line to an existing meter set and that there are 37 approximately 800 or 900 meter sets per year. Fisher stated that when installing a tap or a main 3 8 line extension for a contractor, there is a standard tap fee. Fisher then added that last year's 39 database reflects sixty-five meter installs. Staff first adopted a standardization of main line taps 40 around 2001 and has only changed them one time since then. Fisher stated that while this does 41 not affect many it did affect those sixty-five installs which were a development that did tap the 42 street for a particular pad site. Fisher added that staff did conduct tap fee comparisons with other 43 cities and found that the City seems to be on track with them. Fisher then stated that staff made 44 the recommendation for the change due to cost recovery. 45 46 Board Member Randy Robinson moved to approve Item 7 with a second from Board 47 Member Bill Cheek. The motion was passed by a 6-0 vote. 48 49 The meeting was adjourned by consensus at 10:50 a.m. Minutes of the Public Utilities Board meeting August 10, 2009 Page 2 of 2 ~~y .J ~1 4 I 7 I - + li ~ f~ 1 ~ i 2 Richard E. Smith, Chair Howard Martin, ACM Utilities 3 4 Ann Forsythe, Coordinator Boards and Commissions 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 EXHIBIT 7 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 September 14, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Vice Chair of the Public Utilities Board thereafter convened into an Open Meeting 7 on Monday, September 14, 2009 at 9:00 a.m. in the Service Center Training Room, City of 8 Denton Service Center. 9 10 Present: Vice Chair Bill Cheek, Phil Gallivan, Randy Robinson, Bill Grubbs and Barbara 11 Russell 12 13 Ex Officio Members: 14 Howard Martin, ACM Utilities 15 16 Absent: Dick Smith and John Baines, both excused 17 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION: 21 22 5) Receive a report, hold a discussion on the budget process and take action on proposed 23 revisions to the FY 2010 Water rate ordinance. 24 25 ACM Howard Martin presented this item stating that there are two minor changes proposed to 26 the Water rate ordinance which was previously approved by the Board. The first change is a 27 result of a change to the raw water costs set by contract at 85% of the City of Dallas raw water 28 rate. After the August 10th PUB meeting Dallas revised its proposed raw water rate which in 29 turn revised the Denton raw water rate changed to the Upper Trinity River Water District. 30 31 The second change relates to the Water Tap and Meter Fees schedule. The water tap with meter 32 fee fora 11/2 inch tap and meter was originally proposed to increase from $2,055 to $2,400 but 33 after a review of past increases the proposed fee will be lowered to $2,200 which is more in line 34 with past increases. 35 36 Vice Chair Bill Cheek asked what initiated the changes. Martin replied the changes occurred 37 during review of the proposed budget by the City Council. Martin stated that budget approval by 3 8 the Council is scheduled for the September 22, 2009 Council meeting. Martin then added that 39 for the first time the Utility Financial Forecast will be included in the budget document. 40 41 Randy Robinson moved to approve Item 5 with a second from Board Member Phil 42 Gallivan. The motion was approved by a 5-0 vote. 43 44 The meeting was adj ourned by consensus at 9:45 a.m. 45 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of an ordinance amending Section 22-38 of Chapter 22 (Parks and Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility and program fees by adopting a Schedule of Fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2007-267 and all ordinances in conflict with the new Schedule of Fees; and providing an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 4-0. BACKGROUND This ordinance makes changes to the schedule of fees for parks and recreation services that are included in the proposed FY 2009-10 budget. Specifically, fees are adjusted as follows: • Establish a Quakertown Park Rental Fee. The hourly rental fee for use of the North Side (Civic Center Pool including the Amphitheater) or South Side (Civic Center including the Garden Walk) is set at $187.50 per hour with a maximum of $1,500 per side of the park. This new fee will not affect events that are currently co-sponsored (Jazzfest, Cinco de Mayo, Great American Clean-up, Redbud Festival). The establishment of this rental fee will eliminate the Amphitheater and Garden Walk rental rates as both areas are now incorporated in the North and South side park rental rates, respectively. This rental fee will result in an increase to General Fund of $6,000. • Establish a Regional Park Rental Fee. The hourly rate is set at $75.00 per hour with a 4-hour minimum for use of North Lakes Park and South Lakes Park. This new fee will result in an increase to the General Fund of $1,500. • Establish a Special Event Application Fee. The $30.00 non-refundable Special Event Application fee will be assessed to all event organizers who request to hold an event in the City of Denton. This new fee will result in an increase to the General Fund of $1,650. • Establish a Tennis Center Tournament rental rate at Goldfield Tennis Center. The 8-hour rental fee of $30.00 per court with $5.00 for each additional hour will result in an increase to the General Fund o f$ l, 8 5 0. • Increase in recreation center and athletic field rental rates will result in an increase of $19,3 57 to the General Fund, the increases include: o Gym Rentals from $30.00 to $35.00 per hour for half gym rental and from $60.00 to $65.00 per hour for full gym rental. o Recreation Center Small Meeting Rooms from $20.00 per hour to $25.00 per hour. Agenda Information Sheet September 22, 2009 Page 2 o Recreation Center Kitchen from $15.00 per hour to $20.00 per hour. This information was not originally included in the September 2, 2009 work session materials provided to Council. However, staff does recommend this fee to be included in the fee schedule. o Recreation Center Large Meeting Rooms from 25.00 per hour to $30.00 per hour. o Civic Center Rotunda rental rates from $75.00 per hour (weekdays) to $80.00 per hour and from $95.00 per hour (evenings and weekends) to $100.00. o Senior Center Multipurpose hourly rental rate from $17.50 per quadrant to $20.00 per quadrant and from $70.00 per hour for the entire room to $80.00. This information was not originally included in the September 2, 2009 work session materials provided to Council. However, staff does recommend this fee to be included in the fee schedule. o Athletic Field Rentals from $12.50 per hour for unlighted fields to $15.00 and from $20.00 per hour for lighted fields to $25.00 per hour. o Tennis Center Lighted court rental rate from $3.00 per person per 1 1/2 hour rental to $5.00 per person per 1 %2 hour rental. o Water Park After Hours Rentals from $1,000 fora 2 hour rental with 800 guests to $1,200 fora 2 hour rental with 1,000 guests and increase the additional park rental hour fee from $400 per hour to $500 per hour. • Increase both the Select Youth Sports Impact Fee and Youth Sports Impact Fee of $10.00 per player per season and $20.00 per player per season, respectively to $15.00 and $25.00 per player per season. This increase impacts only youth playing on Select Sports teams and youth playing in co-sponsored leagues (Denton Boys Baseball, Denton Youth Football and Denton Youth Soccer) and will result in an increase to General Fund of $13,000. • Per Council direction, Jazz Fest will be charged the established Park Vendor Fees phased in over three years. Projected General Fund revenue from year one (1) is $6,000. OPTIONS Council options include the approval or denial of the ordinance as submitted. Council may also opt to modify the Schedule of Fees to include additional or modified requirements. RECOMMENDATION Staff recommends approval of this ordinance and agreement. ESTIMATED SCHEDULE OF PROJECT If approved, the changes to fees will be effective October 1, 2009. PRIOR ACTION/REVIEW These increases have been previously reviewed as part of the budget review process. The Parks, Recreation and Beautification Board recommend approval with a vote of 4-0. Agenda Information Sheet September 22, 2009 Page 3 FISCAL INFORMATION The changes will result in an additional $49,357 in General Fund revenue. EXHIBITS 1. Ordinance 2. Exhibit A -Schedule of Fees 3. August 3, 2009 Park, Recreation and Beautification Board Meeting Minutes Respectfully submitted: Emerson Vorel, Director Parks and Recreation Prepared by: Amanda Green, Assistant Director Parks and Recreation 5;1v~r ~docur~ernsl~r~ina~lCe510912U~9 pS ~~Cl~l ~P~~1'~tYl feeS.dOG ORDINANCE N~, AN ~RDINANE AENDINC~ SECTION S ~F CHAPTER PARKS AND RECREATION OF THE CEDE OF ORDINANCES ~F THE CITY OF DENTIN, TEA, RELATINCr T~ FA~LITY AND PR~RA FEES BY A~~PTIN A SCHEDULE ~F FEES; REPEAL~NCx ALL FEES ZN CONFLICT WITH SUCH SCHEDULE; REPEALING ORDINANCE N~, ~~07~~~7 AND ALL ORDINANCES IN C~NFL~CT WITH THE NEW SCHEDULE ~F FEES; AND PR~vIDINO AN EFFECTIVE DATE. - THE CO[~NCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION ~ . The "Schedule of Fees" for FY ~~a~~~a 1 set forth in Exhibit ~ attached hereto and wade a part hereof far a1~ pu~pases, is hereby approved, and supersedes alt Prior conflicting fee schedules. SECTION 2. The provisions of this ordinance are severable, and the invalidity of any . phase ar part of this ordinance shall not affect the validity ar effectiveness of the remainder of this ordinance. SECTION This ordinance ha~~ becom.e effective immediately upon its passage and approval. r PAS SED AND APPROVED this the day of , ~0~~. MARK BURROUGH, l1~AY~R ATTEST. JENNIFER WALTER, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY H:  i Exhibit A PARKS AND RECREATION FEES General Fund Only Effective October 1, 2009 TYPE FEE (resident/non-resident) Facility Rentals Full gym 65.00/75.00 (per hour) Half gym 3 5.00/40.00 (per hour) Recreation center small meeting rooms 25.00/30.00 (per hour) MLK Meeting Room, Ammons A, Ammons B, Denia Room A, Denia Room C, North Lakes Room A, American Legion Hall, American Legion Hall Annex, Senior Center conference room, Senior Center Craft room Recreation center large meeting rooms 30.00/35.00 (per hour) Senior Center rooms 143,144,145, Denia Room B, North Lakes Room B Kitchen/MLK Craft room/ MLK Game Room 20.00/25.00 (per hour) Civic Center Pool 2 Hour Rental (under 100 guests) 180.00/200.00 Extra hour .............................................90.00/100.000 2 Hour Rental (101-200 guests) 270.00/290.00 Extra hour 135.00/145.00 2 Hour (201- 300 guests) 370.00/390.00 Extra Hour 185.00/195.00 2 Hour (301-400 guests) 470.00/490.00 Extra Hour 23 5.00/245.00 Civic Center: ~ • Rotunda: $ 80.00 per hour (weekdays) $100.00 per hour (evenings and weekends) Maximum daily rate: $800 M-F; $1,000 S-S • Meeting Room 1: $25 per hour (weekdays) $35 per hour (evenings and weekends) Maximum daily rate: $125 weekdays $175 evenings $350 weekends • Meeting Room 2 $35 per hour (weekdays) $45 per hour (evenings and weekends) Maximum daily rate: $175 weekdays TYPE FEE (resident/non-resident) $225 evenings $450 weekends • Rooms 1 & 2 $50 per hour (weekdays) $65 per hour (evenings and weekends) Maximum daily rate: $250 weekdays $325 evenings $650 weekends • Community Room $50 per hour (weekdays) $65 per hour (evenings and weekends) Maximum daily rate: $250 weekdays $325 evenings $650 weekends • Rooms 1, 2 & $95 per hour (weekdays) Community Room $125 per hour (evenings and weekends) Maximum daily rate: $475 weekdays $625 evenings $1,250 weekends • Plaza $25 per hour Plaza with restrooms $25/hr., and rental of a meeting room for restroom access • Kitchen $15 per hour with meeting room rental $20 per hour for kitchen only rental • Entire Facility $170 per hour (weekdays) $220 per hour (evenings and weekends) Maximum daily rate: $1,360 weekdays $1,760 (evenings and weekends) ~ Discounts may be given from regular Civic Center rental fees for multiple (consecutive) day rentals and city events available to the general public. Senior Center multipurpose room .......................20.00/25.00 per quadrant ........................80.00/100.00 entire room Athletic fields: • Athletic field (w/o lights) $15.00 • Athletic field (w/light) $25.00 Tennis: • Tournament rental (8 hour rental) ......................30.00 (per court) o Additional tournament hour ................5.00 (per court) Page 2 of 5 11f ~~10~11~1Ar,orf,,,A„t~1T)orU~ o„rl RA~rAOt;~„1o~1,,,;,,1f TTV f'(1TTTTf TT l~/1/1Q1FAO llr~l;,,o„~o ~l,o„rrool2_RTT '1M0 AorU~ Arr,~rro,,, T7AA~ T7vl,;l,;t d ~lr,~  wuu....~yw~...~..wu u..~o u..u.~w.~u~.~.. u....,... a ~,.u,.,w,~~ ~.~,...5~„ . u..~o ~ .,,yu..,. wo,...~.,.~.~ , ...w TYPE FEE (resident/non-resident) Natatorium: Rentals 2 Hour Rental (under 100 guests) ...........................250.00/280.00 Extra hour ................................................................100.00/110.00 2 Hour Rental (101-200 guests) ..............................350.00/380.00 Extra hour .................................................................125.00/160.00 2 Hour (201- 300 guests) .........................................450.00/480.00 Extra Hour ...............................................................150.00/210.00 2 Hour (301-400 guests) .........................................550.00/580.00 Extra Hour ..............................................................175.00/260.00 Water Works Park: Rentals Park rental (2 hour rental 1,000 guest) $ 1,200.00 Additional Hour $ 500.00 Outside Catering fee $ 100.00 North Pavilion & Area $ 150.00 North Pavilion Only $ 75.00 Admissions Discounts maybe given from regular admission fees to the Natatorium, water park, or swimming pool based on promotional coupons available to the general public, advance ticket sales, discounts through season passes, evening discounts, and through group rates when the groups exceed ten admissions. Daily Swimming Pool Admission: • Individual Child .........................................2.25/2.25 • Individual Adult .........................................3.00/3.00 Civic Center Pool Season Admission: • Individual pass ........................................50.00/60.00 • Family pass ..........................................110.00/125.00 Tennis: • Individual court use fee (unlighted) 3.00 (11/2 hrs) during posted hrs. only • Individual court use fee (lighted) 5.00 (11/2 hrs) during posted hrs. only • Individual season pass ................................70.00/75.00 • Family season pass .................................150.00/155.00 Page 3 of 5 11f ~~10~11~1Ar,orf,,,A„t~1T)orU~ o„rl RA~rAOt;~„1o~1,,,;,,1f TTV f'(1TTTTf TT l~/1/1Q1FAO llr~l;,,o„~o ~l,o„rrool2_RTT '1M0 AorU~ Arr,~rro,,, T7AA~ T7vl,;l,;t d ~lr,~  wuu....~yw~...~..wu u..~o u..u.~w.~u~.~.. u....,... a ~,.u,.,w,~~ ~.~,...5~„ . u..~o ~ .,,yu..,. wo,...~.,.~.~ , ...w TYPE FEE (resident/non-resident) Natatorium: Daily Admission: 12+ .....................................................3.50/5.00 Children 6-11 2.50/3.00 Children 5 and under ................................1.00/ l . 5 0 Passes: Individual 1 month pass ...........................15.00/20.00 Family 1 month pass ...............................40.00/50.00 Individual season pass ..............................45.00/60.00 Family season pass ................................120.00/150.00 Individual annual pass ............................90.00/120.00 Family annual pass ..............................250.00/325.00 Water Park: Daily Admission: 12+ 10.00/ 12.00 Children 6-11 8.00/10.00 Children 5 and under 5.00/7.00 Passes: Individual 1 month pass 25.00/30.00 Individual pass .............................75.00/90.00 Family pass .............................225.00/275.00 Special Event Application Fee Non-refundable Application Fee 3 0.00/ event application Youth Sports Youth Sports Impact Fee .................................15.00 per participant/per season Select Youth Sports Impact Fee .........................25.00 per participant/per season Park Vendor Sales One-day booth permit: • Non-profit vendor 15.00 • For-profit 25.00 For profit defined as any vendor selling items or collecting information for future sales Park Shelter Reservations Four- our reservation: • Small shelter (capacity: 25 persons) o Individual 25.00 • Large shelter (capacity: 50 persons) o Individual 50.00 CH Collins Stage in Fred Moore Park • Stage rental 15.00/ hour Page 4 of 5 11f ~~10~11~1Ar,orf,,,A„t~1T)orU~ o„rl RA~rAOt;~„1o~1,,,;,,1f TTV f'(1TTTTf TT l~/1/1Q1FAO llr~l;,,o„~o ~l,o„rrool2_RTT '1M0 AorU~ Arr,~rro,,, T7AA~ T7vl,;l,;t d ~lr,~  wuu....~yw~...~..wu u..~o u..u.~w.~u~.~.. u....,... a ~,.u,.,w,~~ ~.~,...5~„ . u..~o ~ .,,yu..,. wo,...~.,.~.~ , ...w TYPE FEE (resident/non-resident) Regional Park Rental Four- our reservation: • North Lakes Park 300.00 o Additional Hour 75.00 • South Lakes Park 300.00 o Additional Hour 75.00 Quakertown Park Rental • North Side (Civic Center Pool including Amphitheater) $187.50 o Maximum Daily Rate .................................1,500.00 • South Side (City Hall including Garden Walk) $187.50 o Maximum Daily Rate .................................1,500.00 Facility Identification Card "Rec Pass" • Individual (8 & up) ...................................5.00/10.00 • Family (4 or more) ..................................20.00/40.00 • Replacement Card ...........................................2.00 Page 5 of 5 11f ~~10~11~1Ar,orf,,,A„t~1T)orU~ o„rl RA~rAOt;~„1o~1,,,;,,1f TTV f'(1TTTTf TT l~/1/1Q1FAO llr~l;,,o„~o ~l,o„rrool2_RTT '1M0 AorU~ Arr,~rro,,, T7AA~ T7vl,;l,;t d ~lr,~  wuu....~yw~...~..wu u..~o u..u.~w.~u~.~.. u....,... a ~,.u,.,w,~~ ~.~,...5~„ . u..~o ~ .,,yu..,. wo,...~.,.~.~ , ...w 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 August 3, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Allyson Coe, Dale Conway, Jo Kuhn 8 Members absent: Reggie Heard, Ross Richardson, Jennifer Wages 9 Staff present: Emerson Vorel, Cindy Deckard, Amanda Green, Jim Mays, Kathy Schaeffer, Bob Tickner, Mary 10 Aukerman 11 12 Chairperson Jo Kuhn called the meeting to order at 6:01 p.m. 13 14 AWARDS AND RECOGNITIONS: Emerson Vorel presented Jo Kuhn with a dedicated service award for the 15 years 2003-2009. Emerson thanked her for her participation on the Board for so many years. 16 17 APPROVAL OF MINUTES OF April 6, 2009 MEETING: Chairperson Jo Kuhn asked for any corrections or 18 amendments to the minutes. Hearing none the minutes stand approved as presented. 19 20 ACTION ITEMS: 21 Jo asked for a motion to amend the agenda by moving "ACTION ITEM f' to the first action item, and adjusting 22 the other items down one. Allyson made the motion to move "Action Item f' to be the first item considered, Carol 23 seconded the motion and the agenda was amended. 24 25 a) 2009-2010 Fee Ordinance -The City of Denton Budget department asked for proposed 1% to 5% reduction 26 for the 2009-2010 fiscal year. In order to offset the reduction, the Parks & Recreation Department looked for 27 items that would increase revenue without impacting all citizens. Some of the proposed increases are for the 28 establishment of a Quakertown Park rental fee, which has not been required in the past; a regional park rental 29 fee for North and South Lakes Parks for special events; a Tennis Center Tournament rental rate; and a Special 3 0 Events Application Fee. Increases include rates for gyms, kitchens and meeting room rentals in rec centers; 31 athletic field and lighted tennis court rentals; after hour Water Park rentals; the Civic Center Rotunda rental 32 rates and the Senior Center multipurpose room rental rates. Some discussion was held regarding the Athletic 3 3 Impact Fee being increased by $5, which helps offset the cost of maintaining the fields. Amanda Green told 34 the Board that Board member Jennifer Wages, who could not be present, called her to voice her concerns that 3 5 the increase in the Athletic Impact Fee may preclude some youth from participating in sports. During their 3 6 discussion, the exploration of additional scholarships through the Park Foundation was offered as a possible 3 7 alternative for some players. When asked how our fees compare to that of North Texas Fairgrounds, Janie 3 8 explained that because it is a totally enclosed area, it is significantly higher than any of our parks or facilities 3 9 and that an entrance can be charged there as well. 40 41 MOTION: Jo asked for a motion recommending the approval of the ordinance amending Section 22-38 of 42 Chapter 22 (Parks and Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to 43 facility and program fees by adopting a revised Schedule of Fees; which will repeal all fees in conflict with 44 the new schedule; will repeal the existing Ordinance No. 2007-267 and all other ordinances that are in 45 conflict with the new Schedule of Fees. Dale made a motion to recommend the acceptance of the changes to 46 the fee schedule for the 2009-2010 budget; Allyson seconded the motion and it passed with a vote of 4-0. . 47 48 b) Sale of Alcohol for Blues Festival - A request from the Black Chamber of Commerce to be the sole 49 proprietor to sell alcoholic beverages at the 11th annual Blues Festival came was presented to the Board for 50 their approval. This request is consistent with other music events held in Quakertown Park. 51 52 MOTION: Jo asked for a motion recommending to the City Council that the Denton Black Chamber of 53 Commerce be the sole participant allowed to sell alcoholic beverages at the 1 l th Annual Blues Festival to August 3, 2009 Page 1 of 4 1 be held in Quakertown Park on Saturday, September 19, 2009, from 1:00 p.m. until 11:00 p.m. Carol made 2 a motion to that affect; Allyson seconded the motion and it passed with a vote of 4-0. 3 4 c) Harmony -Public Art Sculpture at South Lakes Park -The Public Art Committee recommends the 5 sculpture Harmony by George Caddell be approved to be placed at South Lakes Park by the trail. The 6 sculpture of two herons, which will turn independently of each other as the wind blows, is approximately eight 7 feet in height and weighs close to 600 pounds. It will be located by the walking path in South Lakes Park on 8 Teasley Lane near Long Ridge. 2010 HOT Funds will pay for the sculpture, two benches for visitors to sit and 9 enj oy the piece, and native grass to enhance the area. 10 11 MOTION: Jo asked for a motion recommending to City Council the selection of George Cadell as the artist 12 for the sculpture of two herons to be located in South Lakes Park. Allyson made a motion to recommend 13 the sculpture; Carol seconded the motion and it passed with a vote of 4-0. 14 15 d) A Book A Day -Boy and Girl Sculptures for South Branch Library Public Art -The Public Art 16 Committee is recommending the approval of their selection of artist Rosie Sandifer's A Book A Day bronze 17 sculptures reading a book, one of a boy and one of a girl, to be purchased from the 2009 HOT funds for 18 the South Branch Library. These pieces are part of a series of 50 sculptures that Ms. Sandifer's has made. 19 A bench to set the sculptures on will also be purchased with 2009 HOT funds. 20 21 MOTION: Jo asked for a motion to recommend to City Council the selection of artist Rosie Sandifer's A 22 Book A Day bronze sculptures, one of a boy and one of a girl, reading a book as public art for South 23 Branch Library. Dale made a motion to recommend the purchase of the sculptures and bench to City 24 Council; Carol seconded the motion and it passed with a vote of 4-0 25 26 e) Summer Haze -Public Art Watercolor for South Branch Library -The Public Art Committee 27 subcommittee selected Rob Erdle's Summer Haze watercolor painting for placement at the South Branch 28 Library. Janie pointed out that Mr. Erdle's work is becoming more valuable since he passed away and that 29 his widow is pleased that his work is being recommended for the library. Purchase of this piece will be 3 0 with 2009 HOT Funds. 31 32 MOTION: Jo asked for a motion to recommend to City Council the approval of the Public Art Committee's 33 recommendation to select Rob Erdle's Summer Haze watercolor painting for the South Branch Library. 34 Allyson made a motion recommending the painting be accepted, Dale seconded the motion and it passed with 3 5 a vote of 4-0. 36 37 ~ Public Art for City Hall East -The Public Art Committee recommends that one of photographer Carlatta 3 8 Corpron's black and white photographs be purchased and exhibited in City Hall East. The photograph 39 measures 14 x 11 inches and costs $3,500. Ms. Corpron taught at Texas Woman's University and her 40 work is well known in the art world. Purchase of this photograph will be with 2009 HOT Funds. 41 42 MOTION: Jo asked for a motion recommending the approval of the Public Art Committee's recommendation 43 for public art in City Hall East, namely the black and white photo from Carlatta Corpron, Allyson made the 44 motion as presented, Dale seconded the motion and it passed with a vote of 4-0. 45 46 DISCUSSION ITEMS: 47 a) Alcohol Ordinance Revised -The current ordinance for alcohol in City parks still has Quakertown Park 48 listed as Civic Center Park, which will be changed, and the approval process for rentals at the Civic Center 49 needs to be clarified. The Senior Center Advisory Board has asked that alcohol rentals no longer be 50 permitted in the Senior Center, as damage is being done to the wood floors which are expensive to fix. 51 The Senior Center will be removed from the ordinance as a location for alcohol events. The Park Board is 52 being asked to review the changes made on the attached ordinance and make recommendations to the City 53 Council in an Action Item at the September Park Board meeting. 54 August 3, 2009 Page 2 of 4 1 b) Cemetery Ordinance Revised - When an old structure was torn down it presented an opportunity to open a 2 new section of the IOOF Cemetery for the City to sell lots. Currently, the only lots available are those 3 sold by families owning the lots. Due to infractions to the existing ordinance, the cemetery ordinance was 4 revised to include fines for those not obtaining a permit before a burial or the placement of a monument in 5 both of the City cemeteries. Section 2 of the ordinance has been revised to include fees for the purchase of 6 the new lots, increased the fees for existing lots, added a fee for the purchase of lots for the burial of 7 cremation ashes, and restated the internment and concrete work permit fees as well as provides the late fee 8 for failure to obtain these permits in advance. Obtaining the permits is the responsibility of the funeral 9 home or monument company and is imperative to keeping accurate records for the cemeteries. The Park 10 Board is being asked to review the changes to the attached ordinance in able to take action on it at the 11 September Park Board Meeting. 12 13 Before moving on with the rest of the meeting, Emerson wanted to acknowledge two guests that came in after 14 the meeting started. The first citizen said that she came only to observe to see if she was interested in volunteering 15 to be a member of the Park Board. Jo told her that Emerson could help her with that. 16 17 Mr. David Hiegel asked to address the Board. He started by saying that he and his wife Cindy live on Hillcrest 18 Street, just behind McKenna Park, and his concern is with the Special Use Permit for gas wells that City Council is 19 voting on at the meeting on August 4th. He would like the Park Board to issue a courtesy note to the City Council 20 expressing their concern that part of the City's Development Code, Section 35.6.4B, is not being met with regards 21 to McKenna Park being in the immediate area of the proposed gas wells. 22 23 Emerson pointed out that, since Mr. Hiegel and his concern were not part of the agenda, we could not violate the 24 Open Meeting Act and take action on his request. Emerson did suggest that individual members of the Park Board 25 express their thoughts, concerns, or support to the City Council if they were so inclined. Mr. Hiegel thanked the 26 Board for their time. 27 28 PARKS PROJECT STATUS REPORT 29 Briercliff Park Design and Development Project -The bid for this project is being awarded to Jones & 3 0 Jefferies at the August 4th City Council meeting. 31 32 Denia Park Trail Project -Progress on this project is being made to the extent that it is about half finished. 33 34 Denton Branch Rail Trail Bridges Project -The plans for this project are still in the legal process with 3 5 DCTA. Bob pointed out that he was getting calls regarding the trees that have been removed from the area. Jo 36 said that she had gotten calls as well. Bob said that once we make people aware that we are getting a new trial, 3 7 they seem to be okay with it. 3 8 Neighborhood Park Design: Preserve c~ Pecan Creek, Owsley Park and Wheeler Ridge -Cindy said that 3 9 the Contract for Professional Services will go to Council on August 18th and is being awarded to Halff and 40 Associates. 41 42 North Lakes Adult Soccer Field Development Project - A contract is in the works for Jacobs Engineering 43 Group to design this project and will go to Council on the next meeting after the August 18th meeting. 44 45 Senior Center Renovation and Expansion Project -Emerson said that the contractor is great and that the 46 addition is almost completed, with a move into that structure slated for September. After that, work on the 47 existing structure will begin. 48 49 Unicorn Lake Trail and Landscape Project -The bridge was delivered to the site in two pieces, but the rain 5 0 has kept it from being set. 51 52 KEEP DENTON BEAUTIFUL UPDATE 53 No comments were expressed on the update. 54 August 3, 2009 Page 3 of 4 1 PUBLIC ART COMMITTEE MEETING MINUTES 2 As most of the items were covered as Action Items, no additional comments were expressed. 3 4 ITEMS FOR UPCOMING MEETINGS: 5 The revised Alcohol and Cemetery Ordinances will be Action Items on the September 2009 agenda. 6 7 With no further business on the agenda, Jo asked for a motion to adjourn; Carol made the motion to 8 adjourn, Allyson seconded the motion and the meeting was adjourned at 6:56 p.m. August 3, 2009 Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Planning & Development Department ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Grant Agreement for One hundred sixty-two thousand seven hundred and ten dollars ($162,710) from the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to implement the Program; and providing for an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) awarded Emergency Shelter Grant Programs (ESGP) funds to the City of Denton. The 2009-10 ESGP award of one hundred sixty-two thousand seven hundred and ten dollars ($162,710) is a $23,845 decrease over the 2008-2009 ESGP Award of $186,555. This is a decrease of approximately 12.78%. It is important to note that only three (3) of the five (5) agencies that participated in 2008-09 applied for 2009-10 ESGP funds. The Salvation Army offices in both Denton and Lewisville did not participate in the collaboration that developed the 2009-10 ESGP application for funding. The ESGP award supports the services of three Denton County agencies that provide assistance to the homeless and those at-risk of becoming homeless. The three (3) subrecipient agencies are HOPE Inc, Christian Community Action (CCA), and Denton County Friends of the Family. Four percent (4%) or $6,258 of the $156,452 awarded is provided to the Community Development Division for administration of the grant. ESTIMATED SCHEDULE OF PROJECT The ESGP award term is from September 1, 2009 to August 31, 2010. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Denton County Homeless Coalition, the designated lead organization for the local Homeless Continuum of Care, reviewed and supported the Emergency Shelter Grant Program application. FISCAL INFORMATION The Emergency Shelter Grant Program requires a 100% match. The match will consist of employee salaries, donated facilities, donated supplies, cash donations, and volunteer hours provided by subrecipients HOPE, Inc, Christian Community Action (CCA), and Denton County Friends of the Family. Agenda Information Sheet September 22, 2009 Page 2 EXHIBITS 1. Ordinance 2. 2009-2010 Emergency Shelter Grant Program Contract Respectfully submitted: Mark Cunningham Director of Planning and Development Prepared by: Barbara L. Ross Community Development Administrator s:lour ~~cumentslordinancesl~91~409 emerer~cy steeltex gent ord.~o~ ORDn~ANE NO. AN ORDn~ANE OF THE CITY O DENTON, TEXAS AUTHORISING THE ~~TY ~VIANAGER TO EUTE A GRANT AGREE~VIENT FOR ONE HUNDRED S~.xTY~TwO THOUSAND SEEN HUNDRED AND TEN DOLLARS FROM THE 'TEXAS DE~ART~NT HOUSING AND GO1V~I~UNTY AFFAIRS E1ViER.GENY SHELTER GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO fMPLEENT THE PROGRAM; ~ PROVIDING FOR A.N EFFEC'fI~E DATE. . WHEREAS, the pity of Denton, Texas, is concerned with the provision of services to residents who are homeless and wig providing decent houixig, a suitable living ~ environment, ar~d assisting homeless households to achieve self sufficiency; a~.d . WHEREAS, the pity of Denton, Texas, participates ~ the Denton bounty Homeless coalition providing a continuum of care for homeless and potentially homeless households; and . WHEREAS, the pity of Denton, Texas, wishes to acce t t award of One Hundred ~ ~ Sixty-Two Thousand Seen Hundred and Ten Dollars ~ ~ X2,71 through the Emergency Shelter Grant Program, as authorized b~ the Stewart E.11~cK~nney Homeless Assistance Act of X957 as amended ~~2 U.S.Q. Sec. ~ 1371 e- t~.~, and as ac~l~istered through the United States Depar~xient of Housing and Urban Development; and WHEREAS, the Texas Legislature has designated the Texas Department of Housing and Cor~ununity Affairs as the administering ae~.c~ for the Emergency Shelter Grant Program pursuant to Sec. ~3~,094, Texas Goverment bode; and wHEREA.S, the pity of Denton, Texas, intends to sub-contract with local social service agencies to provide services through the emergency Shelter Grant Program; and WHEREAS, the Texas Department of Housin and amn~uni Affairs re uire~ the g tY ~ appropriate certifications and the Gity vuncil deems it in the public interest to authorize the City ~Vlanager to execute a grant agreement; NOW, THEREFORE, THE COUNI.L OF THE CITE OF DENTON HEREBY ORDAINS; SECTION 1. The it~r Council of the qty of Denton, Texas, authorises the pity lVlanager to sign and sub.it to the Texas Depart~rient of Housing and Con~munit Affairs and all approp~~iate officials thereof, a Grant Agreement, together with all necessary certicativns and other dooun~ents, as well as appropriate resouxces for entitlement of funds under the Stewart B. McKinney Horr~eles Assistance A.ct of 1957, as amended and Emergency Shelter Grant . Program pursuant to Sec. 230G.094 of the Texas Government Code, and all other a livable Pp laws, as ~.ecessary to obtain a grant under the Emergency Shelter Grant Program to provide services to homeless residents of Denton. The City ll~a~aa er is authorised to ta1~e all other g actions necessary to execute an agreement and administer this gram including execution o agreements with of the designated ubrc~lplent organ~zatlons.  i ET~~N The onun~ty Devel~pn~ent Adn~in~strat~r is author~~ed, under the super~iston of the its N~anaer, to han.e alb fiscal and administrative matters rel~.tln to the administration of the rnergenc~ shelter Grant Program, if it is funded and. all other .after connected therev~ith. ETf ~N ~ . The xt~ ecretar~ is hereh~ authorized to furnish true, cony fete, and correct copies of this ordnance to ail interested par~~es. ~TII~ 4. This ordinance hail beccrne effective imediate~~ upon its passage and . approval. P~S~D ADD A~PR~~~ this the dad o~ , Zoo. ARIA A. BUR~~JH, M~~]~ ATTEST: ,~NNf~'~. SALTERS, fT~ ECR~TA~.Y B~: APPR~vED ~ TO LEAD ~'DRd ANITA DURESS, fT'~ ATTORNEY ~Y: Page 2 of ~  i TEXAS D~PARTIwiEI~T DF HO~S~FG APED C~14~MLINITY AFFAIRS CONTRACT ~iQ. ~2Q90000577 la'OR THE EMERGENCY SI~LTER GRANTS PROGRAM Cl"DA NQ. 14.23'1 S~CTIQN 1. THE PARTIES This agreement is made by and between ~e Texas Department of Housing and Community Affair, an agency of the State ofTexas {herein the "Department"}and City ofDenton herein the "State Subrecipient" or "Subrecipient"}. SECTION ~RA~NT PERI~ll The period far performance of this agreement, unless eaurlier terminated, is 5eptetnber 01, 2049 through August 31, 2010 (herein the "Grant Period" SECTION 3. STATE ~]BCIFIEN'I° PERFORI4'iANCE State Subrecipient shad conduct, in a satisfactory manner as determined by l~epartmenta an Emergency Shelter Grants ProgXaxn pursuant to the McKinney-Ven#o Homeless Assistance Act, as a~er~ded (42 U.S.C Sec. ~ 1371 et. seg.} ~hereitt the "Act"). Subrecipient shall perform all activities in accordance with the terms of the Budget {herein "Exhibit A"); the Match therein "Exhibit B"); the Applicable Laws acrd Regulations therein "Exhibit C"); the assurances, certiftcations, and other statements made by the Subrecipient in its Emergency Shelter Grants Program therein "ESGP"~ application, and with all other terms al" this grant agreement. If the persons to benefit from the activities described irr Exhibit A are not receiving a service or benefit, the Subrecipient liable to repay The Department any associated disallowed casts. S>+1CTIOl~ 4. DEPAR'I'II+~NT OBLIGATIUNS A. In consideration of Subrecipient's full and satisfactory performance of this agreement, Department shall reimburse the actual al~o~vable casts incurred by Subrecipient in axz amount up to: ~ l b2,? 10.0 B. Department's obliga#ian under this agreement are contingent upon the actual receipt of adequate ESOP finds fratn the [J.S. Department of Housing and Urban Development therein "fI[]D„}. If sufficient funds are not available to make payments under this grant agreerrrent, Department shall notify Subrecipient in writing within a reasonable time after such fact is determined. Department shall then terminate this agreement and will not be liable for the failure to make payment to Subrecipient under this agreement. C. Subrecipient shall refund to Departrraent any sum of money which has been paid to Subrecipient by Department, which Department determines has resulted in an overpayment, ar which Department determines has not been spent strictly in accardarrce with the terms of this agreement Subrecipient shall make such refund within fifteen t 15} days aver the Departments request. SFCI'IQN 5. METHOD OF PA,Yi4+~NTlCASH BALANCES A. Subrecipients may request a orre~time working capital advance for 30 days cash needs or an advance of X5,000 whichever is greater. In order to request an advance payment, Subrecipient must submit to Department a properly completed Expenditure Report that includes a request for advance foods {Projected l~xpenses}. Thereafter, the Subrecipient will ~e reimbursed for the arriorirrt of actual cash disbursements, a cost reimbursement basis. H. Subrecipient's request for advance payment shall be limited to the minimum amounts needed far the effective performance of this agreement, and shall be timed as closely as possible with Subrecipient's actual immediate cash requirements. Subrecipient shall establish procedures to minimize the time elapsing between the transfer of funds from Department and the disbursal of such funds by Subrecipient. Page 1 of 1 ~ . If the Department decerrnines that: {1} Subrecipient has maintained cash balances in excess of need; {Z) identifies any deficiency in the cash controls ar f"tnancial management system used by Subrecipient; or (3} the Subrecipient fails to comply with any of the reporting requirements of Section the Department will require 5nbrecipient to submit financial documentation refaced to any expe~aditures for which reimbursement is sought. I). All #'unds paid to ubrecipient under his contract axe paid in trust for the exclusive benefit of the eligible Subrecipien~ of 11SGP services and far the payment of allowable expenditures. SEC'1'~DN G. ADMINIT'~iA'T REQUIli~fV~ENT~ ANA G(l~T PIPLES A. Except as specifically modified by law or regulation, in performing this agreement, Subrecipient shall comply with the . administrative requirements set forth in OMB Circular No, A-lI~ {nonprofit organizations} OMB Circular No. A-I42 and the Uniform Grant 1Vianagerneot Standards, 1 T.A.Q. § 5.14E .et. seq. (writs of state ar Iocal government} or the regulations codified at 24 C,F.R. Part $5 {units o#" state or local government}, whichever is applicable to ~ubrecipient. B, Except as specifically modified by law or regulation, in performing this agreement, Subrecipient shall campl~+ with the cast principles set forth in OMB Circular Na. A-122 (nonprofit orgacrixatians} or OMB Circular Na. A-87 units of state or local gavernament}, whichever is applicable to Subrecipient, Notwithstanding any other provision of this grant agreement, Department shall only be liable to Subrecipient for casts incurred or performances rendered for activities specified in ~4 Q.F.R. Sec. 76.21(a}. D. Department shall not be liable to Subrecipient far certain costs, including but not limited to casts which: {1} have been reimbursed to Subrecipient or are subject to reitnbursemerrt to Sul}recipient by any source other than Department; ~2} are not allowable casts, asset Earth in the A.ct and Section 6{B) of this agreement; ~3} are not strictly in accordance with the terms of this agreement, including the exhibits; . {4} (rave not been reported to Department within sixty ~61~) days fallowing tenninatian afthis agreement; are expended on rehabilitation activities prior to the submission of a Request for Release of Funds and prior to the release of funds by the U.~. Department of pausing and Urban Development {IUD}, (6} are I'ar the acgr~isition of an emergency shelter for the homeless; {7} are for rent of cannmercial transient accommodations far the homeless {such as hotel or motel rooms} unf ess the conditions in Section ~2~J} ofthis agreement have been met; {8} are not incurred during the ['want Period. E. f alit B es. None of the funds provided under this contract shall be used far the payment of salaries to any ernplayee wl~o uses alcoholic beverages while on active duty, No funds provided under this contract far txavel expenses shall be used far the purchase afalcahalic beverages. Page ~ of ~ 5 ~EC~'IDN'~. 1VIATCII REQITIRENT A. Subrecipiient shall pra~vide an amount of funds equal to the amount o#' funds provided by Department under this agreement {herein "Subretipient's Match"). Subrecipient's Match must be provided during die Crrant period from sources other than ESGP funds. Funds used to match a previous ESGP award may not be used to match the award made under this agreement. Subrecipient's Match may include resources provided by any subcontractor to which Subrecipient provides funds under this agreement. B. Amounts may be counted towards Subreci.piertt's Match only if such arnaunts are costs ar resources of a type specified in Exhibit B, Match and only if such amounts are computed in accordance with this Section. In calculating the atnaunt of Subrecipient's Match, Subrecipient may include, but is not limited to, cash donations; the value of any donated material or building; the value of arty lease on a building; any salary paid Subretipieni's staff for that of its sub-Subrecipients} in carrying out the activities required under this agreement; and the time and services contributed by volunteers to .carry out such activities, determined at the rate of Five Dollars ~$5.~0} per hour, Subrecipient shall determine tiie value of arty donated material ar building or any lease, using any method reasonably calculated to establish a fair xrtarket value. ~~CTI4N S, RE'~'ENTI~N AND ACCEYBILITY Q~ CDRD~ A. Subrecipient shall maintain #~scal records acrd supporting datumentation for all expenditures of funds made under this agreement in a manner that cortfarrns to O$ Circular No. A-87 ar A-122 and this agreement. Subrecipient shall comply with tiie retention and custodial requirements far retards as set forth in OMB Circular Rio. A-ll~ or C.l?,R. Part S5. . B, Subrecipient shall give BUD, the Comptroller Creneral of the United States, the Auditor of the State of Texas, and any Department autharized representative, access to and the right to reproduce all records belonging to ar in use by Subrecipient pertaining to this grant agreement. Such access shall continue as long as Subrecipient retains the retards. Subrecipient shall maintain such records in an accessible location for four yeau~. C, Subrecipient shall ensure that any subcontractors receiving funds provided under #his grant shall comply with the retard retention and custodial requirements specil~ed in this Section. SEG'TI4N 9. R~PORTIN~ RE~UIll~l4+IENTS A, Subrecipient shall submit to Department such reports on the perfornractce of this grant as may be required Depar~ent including, but oat limited ta, the reports specified in this Section, B. Subrecipient shall electronically submit a Perforrrtartee Depart and Bxpenditare Depart to the Department on or before the fi~eenth {15th) day of each month fallowing the reported month in the Grant Period, beginning na later than October 15, 209, regardless of whether Subrecipient makes a fund request, C. Subrecipients must report client-level data in the Homeless Management knf`armation System ~S} or a comparable database. Domestic violence providers are only ~egrtired to report aggregated data, D. Subrecipient shall submit a final Performance Report and a frtal l;xpenditure Report to the Department within sixty (GO} days after the end of the Grant Period. The failure of Subrecipient to provide a full accounting of all funds expended tinder this agreement within sixty ~6~} days shall be sufficient reason far Department to deny or terminate any future agreements with Subrecipient, If this contract provides assistance for rer~avatiian, rehabilitation, or conversion, in addition to the electronic final report, Subrecipient shall submit under separate cover photographs of the finished construction work. 1r. Subrecipient shall submit to Department no later than sixty (b0} days aver the termination of this contract a cumulative inventory report of all equipment having a unit acquisition cost of $5~0 ar mare, acquired in whale or in part with funds received under this ar previous ESGP contracts. Upon the termination of this contract, Department may transfer tide to any such equipment having a unit acquisition cost of ~1,~(1~ or more to itself or to arty other entity receiving ESGP funds from Department. Page 3 of ~5  i F. If Subrecipient fails to submit, in a timely and satisfactory manner, any audit, report or response required by this agreement, including responses to rnonitaring reports, Department may withhold payments otherwise due to ubrecipient hereunder, If Department witlxholds such payments, it shall notify 5ubrecipient i~ writing of its decision aid the reasons therefore. Department may withhold payments until such time as the delinquent obligations for which funds are withheld are fulfilled by Subrecipient, If the delinquent report or response is not received within forty-five {45} days of its due date, Depar~nent may suspend ~r terminate this agreement. If Subrecipient receives ESGP funds from Department over two or more Grant Periods, funds may be withheld or this agreement suspended or terminated for Subrecipient`s failure to submit a report or response {including a report of audit} past due under a prior grant agreement. SECTION MONITOR~N~G AND '~`ECHNICA~L ASSISTANCE Department or its designee may conduct periodic on-site mor~itaring and evaluation of the efficiency, economy, and effectiveness of Srrbrecipient's performance of this agreement Department will advise Subrecipi~nt in writing of any. deficiencies noted during such monitoring. Department will provide technical assistance to Subrecipient and will require or suggest changes in Sul}recipient's program unplementa~ian, accounting, personnel, procurement, or management procedures in order to correct any deficiencies noted. Department may condo fallow-up visits to review and assess the efforts Subrecipient has made to correct previously noted deficiencies. Department may piece Subrecipient an a reimbursement method of payment, terminate this contract, or invoke other remedies in the event monitoring or other i reliable sources reveal material deficiencies in Subrecipient's performance or if S~ibrecipient fails to correct anyy deficiency within a reasonable period of time. SECTION 11. INDEPF.NOENT CONTRACTOR Department is contracting with Subrecipient as an independent contractor, To the extent allowed by law, ~ubrecipient agrees to hold. Department harmless and to indemnify Departinent from and against any and all claims, demands, and causes of action of every bind and character which may be asserted any third party occurring ar in any way incident to, arising out of, or in connection with Subrecipient's performance of this contract. SECTION 1~. PROCURE1ViENT Subrecipient shall develop and implement pracurernent procedures that conform to the administraative requirem~rr~ referenced in Section G and. with any procurement guidelines issued by Department. If Subrecipient is a unit of local government, it shall also comply with all applicable state and local laws relating to procurement. Subrecipient shall not procure supplies, equipment, materials, or services except in accordance with such procurement procedures. SEC'~OtY I3. CONFLICT pF Il~ITERE~'INEFOTISl4~ A. Subrecipient sill comply with the conflict of interest previsions at ~4 C,F.R. Sec. 576.5'T{d}. B. ~ubrecipient represents that neither it nor any rrtember of its governing body presently has any Merest or shall acquire ar~y interest, direct or indirect, which would cartflict with the performance of this agreement. C. Subrecipient shall ensure that na officer, employee, or member of the governing body of Subrecipient shad vote for or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of Suhrecipient's gaveming body or to any officer or employee who would directly supervise such person. This prohibition slxail not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited. degree. Page 4 of ~5  i ~ECT~~N LECAL Ai1'I'RDRITY A. Subrecipfent represents that it possesses the legal authority to enter into this agreement and to perform the services ubrecipient has obligated itselfto ~erfarrn hereunder. B, ~e person sighing this cor~tFact on behalf .of Subrecipient hereby warrants that helshe has been duly authorized hY Subrecipient's governing board to execute this agreement an behalf of Subrecipient and to bind ubrecipient to the terms herein set forth. Department shall have the right to terminate this contract if them is a dispute as to the legal authority of either Subrecipient or the person signing this contract to enter into this canixact ar to render performances hereunder. Subrecipient is liable to Department for any money it has received from Department for performance of the provisions of this contract, if Department has terminated this contract far reasons enumerated in this ectian i 4, SECTYON 15. LITIGATION AND C~AIlVI~ ubrecipient shall give Department immediate notice writing of any acti~r~ or claim, including any proceeding before an administrative agency, filed against ~ubrecipient and arising out of the performance of this agreement. ~ubrecipient shall promptly furnish Department with copies of all pertinent papers received by ubrecipient with respect to such action or claim. S~C'~IUN I6, SECTARIAN ACTIVITY The perfarnrance of this agreement shall not involve, and na portion of the funds received by ubrecipient lxere~under shall be used in support of inherently religious activities such as worship, religious instruction ar proselytization, as part of the programs ar services directly funded under the H[1D program or activity. S~CTIDN 17. GANGES AND AI~NDMENTS A. Any change in the terms of this agreement, which is required by a change in state or federal law or regulation is automatically incorporated herein and is effective on the date designated by such law ar regulation. B. Except as otherwise expressly provided in this agreement, any ci~ange in the terms of this agreement shall be reduced to writing and agreed upon by bath parties. Any change to the amount of this contract as shown in ~e~tion 4 A shall . be by an amendment hereto in writing and signed by bath parties. Any charge to the amount specified per activity category shall be requested ixz writing 6y ~e Subrecipient and authorized by a letter signed by the director of the Community Affairs Division. Pursuant to aepartmet~t policy, no ~ubrecipiem initiated amendments will be approved ar processed during the first 94 days of a Grant Period. Amendments requests must be submil~ed no later than. ~D days prior to the end afthe Grant t~eriad, ~ECTIUN 1S. NDN-BIND~iG GUIDANCE Department may issue non-binding guidance to explain the rules and provide directions an terms afthis contract. Page 5 of ~ ~  i ~ECTI~N 19, TERIVIINATIOIY A1~D ~U~PEN~IQi~ A. Departtner~t may terminate this agreement, in whole ar in part, at any tune Deparpcnent determines that Subrecipient has wiled to comply with any term o#` this agree~.ent, Department shall notify Subrecipient of such determ~inatian iii writing prior to the thirtieth ~3~th) day preceding the date of termination to provide the reasons for Such termination, the effective date of such termination, and in the case of partial tination, the portion of the agreement to be terminated. Nothing in his Section shall be construed to limit Department's right to withhold payment or immediately suspend Subrecipient's performance of this agreement if Department identifies passible instances of fraud, abuse, waste, fiscal mismanagement, ar other serious deficiencies in Subrecipient's performance. Suspension shall be a temporary measure pending either corrective action by Subrecipient ar a decision by Department to terminate this ageement, C. Upon receipt of notice of suspension or termination, Subrecipient shalt cancel, withdraw, ar otherwise terminate any outstanding orders ar subcontracts related to the performance of this agreement and shall cease to incur casts hereunder. Department shall rat be liable to Subrecipient far casts incurred after terrnimatian afthis agreernez~t D. Notwithstanding airy exercise by Department of its right of suspension or of early termination, Subrecipient shall oat be relieved of any liability to Department for damages due to Department by ~+irtue of any breach of this agreement. Department may withhold payments to Subrecipient until such time as the exact amount of damages due. to Department by Subrecipient is agreed upon or is otherwise determined and paid. ~ECT~ON ~0. AUDI,' A. For any #"i~scai year included within the Grant Period during which the Subrecipient expended $50~,~{lU or more in #atal federal ftnancial assistance, Subrecipient shall arrange for the perforrrzarxce of an annual audit of the funds received and performances rendered under this grant agreement. The audit shall be made in accordance with the Single Audit Act Amendments of X996, 31 U.S,C. 75; and OMB Circular Na. A-133, "Audits of States, Local Covernn~ents, and Nan-Profit Organizations". The term "federal financial assistance" includes awards of federal financial assistance received directly from federal agencies, ar indirectly through units of state and local government, l3. Subrecipient shall submit th3ree ~3} copies of such audit report and any associated management letter to the Departments 2 copies to the Portfolio Monitoring and Compliance Division and 1 copy to the Cammunrty Affarrs Divlston, within the earlier of thirty (3~} days after receipt of the auditor's repart(s}, or nine ~9) months after the end of the audit period. Subrecipient shall ma.~e audit report available for public inspection within thirty X34} days after receipt of the audits}. Audits performed under this Sectiar~ are subject to review and resolution by the Departaent or i~ authorised representative. C. For each fiscal year ending within ar immediately after the Grant Period, Subrecipient must submit an "Audit Certification Farm" available from, the Depar~ent}within sixty X60}days after the Subrecipients f`~cal year end. D. Department reserves the right to conduct additional audits of the funds received and. performances rendered under this grant agreement Subrecipient agrees to permit ]]apartment or its authorized representative to audit Subrecipient s records sand to obtain any documents, materials, or information necessary to facilitate such audit. E. Subrecipient shall be liable to Department for any costs disallowed pursuant to audits} of funds received under this agreement Subrecipient shall reirrtburse such disallowed casts with funds that are not provided. under this contract. ~EG"IZUN 2~. TRAPEL Allowable travel costs under this contract shall be determined in accordance with OMB Circulars A-I22 or A-87, applicable, any Department Issuance on travel, and with Subrecipient~s written travel .policy. Subrecipientxs written travel policy shall delineate the rates which Subrecipient shall use in computing the travel and. per diem expenses of its board members and employees. Frior to incurring any cash for travel, Subrecipient must provide Department with a copy of its travel policy and evidence that such policy has been approved by Subrecipient's governing body. If Subrecipient has no established written travel policy, the travel regulations applicable to Department employees shall apply, Page 6 of 1 ~  i SECTIQI~i FECIA~ CD1gDTi`IUNS A. Department shall nit release any funds under this agreement until Department has dct~xnined that Subrecipient"s fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting far such funds. Department shall not release any funds under this agreement until Department has received a properly completed DepasitorylAuthorized Signatory Form impartment Farm} from Subrecipient. C. Subrecipient shall obligate has such term is defined in 24 Q.F.R. Sec. 57.3} aII funds provided under this agreement on ar before December ~a, 200, i$0 days $~m the date of t>re 'Y 2009 a~~d fetter from U,, HUD. In the case of funds for homeless prevention activities, suhrecipienx must spend such funds within 1 SO days of the date this contract vwas initiated. Department will recapture any fiords not sa obligated. D. Subrecipient shall ensure that any building rehalailitated with funds provided under this agreement is maintained as a shelter for the hameless for nit less than athree-year period, ar for not less than aten-year period if such funds are used for major rehabilitation or conversion of the building. ~'he applicable period shall be calculated in accordance with 24 Q.F.R. Sec. 57b.53~b}. E. If Subrecipient uses funds received under this agreement to provide essential services, homeless prevention, or maintenance and operating cash, the acctivities must be carried out until all of the funds made available under this agreement for such activities are expended or for the Grant Period, whichever is shorter. Subrecipient may use one or more sites or strictures to carry out the activities but it must serve the same general population. The "same general population"' means the types of hameless persons originally served wi#h the funds ar persons in the same geographical area. F. Subrecipient shall make known that use of the facilities and services Funded under this agreement are available to ail an a nondiscriminatory basis. Subrecipient also must adopt and implement procedures designed to male available to interested persons information concerning the existence ar~d location of services and facilities that are accessible to persons with a disability. G. Subrecipient shall administer, in good faith, a policy designed to ensure that its homeless facility is free from the illegal use, possession, ar distribution ofdrugs ar alcohol. Id. Subrecipient shall not expend ESGP funds for any activities that would result in the displacement of persons or businesses. I. Subrecipient shall, to the maximum extent practicable, involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovation, maintaining, and operating facilities assisted under this agrcement, in providing services assisted under this agreement, and in providing services for occupants of facilities assisted under this agreement. if Subrecipient intends to provide emergency shelter for hameless persons in hotels or motels, or other commercial facilities provviding transient housing, Subrecipient must provide the Department with a cetri~cation that: ~1~ leases negotiated between Subrecipient and providers of such housing provide or will provide that the living space will be rented at substantially less that the daily room rate otherwise charged by the facility; ar~d ~2~ ~e Subrecipient has considered other facilities as emergency shelter, and has determined that use of the facilities provides the most cast-effective means of providing emergency shelter in its service area. K. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under this agreement, and that the address or location of any family violence shelter project assisted will, except with written authorization nI the person or persons responsible for the operation of such shelter, riot be made public. L. Subrecipient shall ensure that any buil~ir~g for which ESGP amounts are used for renovation, conversion, or major rehalailitationorust meet local gavernn3ent safety and sanitation standards. Page 7 of 15  i 1VI. None of the funds provided under #l~is agreement may be used i~ connection with any dwelling unit unless the unit is protected by a Bard-wired ar battery-operated smoke detector installed in accordance with National Fine Protection Association Standard 74, N. Subrecipient shall only subcarrtract for budget line items under this contract wb.ich are oat specified in Exhibit A after ~ubrocipient has subitted information concerning each such proposed subcontract to Deparmnent and has obtained Deparrrnent's prior written approval of Subrecipient's intent to enter into such proposed carttract, ubrecipicnt, in subcontracting for arty performances described in this contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Subrecipient's subcantra~or~s). In no event shall any provision of this paragraph, specifically the requirement that ~ubrecipient obtain Department's prior written approval of a subcontract, be construed as relieving ~ubrecipient of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this contract, as if sack performances were rendered by Subrecipient. Department's approval under this paragraph does not constitute adaptiank ratification, ar acceptance of ~ubrecipient's ar subcantractor~s perfanmance hereunder and Department maintains the right to insist upon ~ubrecipient's full compliance with the terms of this contract. Subrecipient shall include language in any subcontractor that provides the Department the ability to directly review, monitor, or audit the operational and financial performance or records of work performed under this contract. EC°TIQN ~3, PULI'~CAL ACT`f'Y AND L~B1~G~ A. None of the funds provided under this contract shall be used far influencing the outcome of any election, or the passage ar defeat of any legislative measure. This prohibition sha11 not be construed to prevent any o~cial or employee of Subrecipient from furnishing to any member of its governing body upon request, or to any other local or state official or employee or to any citi2en information in the hands of the employee or official not considered under law to be confidential information. 1~rty action taken against art ernplvyee ar official far supplying such information shall subject the person initiating the action to immediate dismissal from employment. B, No funds provided under this contract nay be used directly or indirectly to hire employees or in any other way fund or support candidates for the legislative, executive, ar judicial branches of government, the State of Texas, ar the government of the United Mates. None of the funds provided under this contract shall be expended in payment of the salary far full-time employment of any errtployee who is also the paid lobbyist of any individual, fain, association, or corporation. None of the funds provided by this contract shall be expended in pay3nent of the partial salary of a part time employee who is required to register as a lobbyist by virtue of the employee°s activities for compensation by or on behalf of industry, a profession ar associat~,on related to operation of Subreci~pient, Apart-time errtploy may serve as a lobbyist an behalf of industry, a profession, or association so long as such entity is not related. to Subrecipient. Except as authorized by law, na contract funds shall be expended in payment of membership dues to an organization on behalf of Subrecipient ar an employee of Subrecipient if the organization pays all or part of the salary of a peen required to register under Chapter . ~~5, Government Cade. D. None of the funds provided under this contract shall . be paid to any o#~c~l or employee who violates any of the provisions of this section. E. If any fads other than federally appropriated funds have been paid or will be paid to any person for ir~.uencing or atterr~ptirtg to influence are afl•icer ar employee of any agency, a >Vlember of Congress, an officer or employee of Congress, ar an employee of a IVleml7er of Congress in coznae~ction with this federal contract, grant, loam, or cooperative agreement; Subrecipiertt shall complete and submit tartda.rd Form-LLL, "Disclosure Farm to Report Lobbying," in accordance with its instructions. t Page S of 15  i SECTION PREVEN7,'ION OF FRAUD AND ABUSE A. ~ubrecipient shall es#ablish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct inciden#s of waste, fraud, and abuse in the performance of this agreement and to provide far the proper ar~d effective management of all program and fiscal activities funded by this agreement. Subrecipierrt's internal control systems and all transactions and other significant evens are to be clearly documented and the docu~nentatian shall be readily available for monitoring by Department. . Subrecipient shall give Department complete access to all of its records, employees, and agents far the purpose of monitoring ar investigatzng the performance of this agreement. ~ubrecipient shall fully cooperate with Department's efforts to detect, investigate, and. prevent waste, fraud, and abuse, C. Sr~brecipient nay not discriminate against any employee or other person who reports a violation of the temas of this agreement or of any law ar regulation to Departraaent ar to any appropriate law enforcement authority, if tl►e report is made in gaol faith. SECTION ~S. 1VIAIlV'~ENANCE Off' E~'ORT Funds provided to Subrecipient under this agreement may not be substituted for funds ar resources from any other source nor in any way serve to reduce the funds or resources which would have been. available to ar provided through Subrecipient had this agreement never been executed, SECTION ~d. DEBARIV~NT ~y signing this contract ubrecipient certifies that it will not award any funds provided under this contract to any party which is debarred, suspended, or otherwise excluded frv~n ortneligible for participation iu federal assistance programs under Executive order 1549 and ~4 CFR fart 24. ~ubrecipient shall receive the certification provided by the Department from each proposed subcontractor under this contract and its principals. SECTION ~7. NO ~VAER No right ar remedy given to Department by this contract shall preclude the existence of any other right or remedy, nor shall any actinr~ taken ~ the exercise of any right ar remedy be deemed a waiver of any other right or remedy. The failure of Department to exercise any right or remedy ors any occasion shall not constitute a waiver of Department's right to exercise that ar any other right or remedy at a later time. ~EECTION ~8. SEYERABILITY If ar~y portion of this agreement is held to be invalid by a court of competent jurisdiction, the remainder of it shall rerr~ai~ ' valid and binding. SELTI4N ~9. PRIOR DRAB AND ~RI'.~`~FN AGREEINTS All oral and written agreements between the parties to this contract relating to the subject matter of this agreerr~ent that were made prior to the execution of this agreement Dave been reduced to writing and are contained herein. P~.~e ~ of 15  i i SECTION 30. EDITS The exhibits identi~e~ below are hereby made a part of this agreement: ~ . Exhibit A, Budget 2, Exhibit B, Match 3. Exhibit C, Applicable Laws and Regulatiotas SIGNED this day of ~i~y of Denton By: TEXAS ~IEPARTIVIENT OF ~OUSIl~G AND COI~NITY AFFAIRS By; This contact is effective when signed by the Texas Department of Housing and Community Affairs Executive Director of De~ar~.ien~t or his authorized designee. ~ ~ r~ ~~~r~~, ~ ~~9 ~o Q~ is  i Agency: City ol~Denton Contract: 4~0~~0~~~7? Contract Term: ~9101I~~0~ ~ 0813 X12010 E~T,~ A 13I~ET v©solidated Budge# Details of Activi~es by Category & Me~~ ~f Calcu~tlon gory Total ST'AG'E ADMINIST'~ATION 6,258.~~ CITY AND COUNTY ONIsY} OPERATION A1~11~INISTRATION 1~,2~8,~~ CHRISTIAN CO ACTION Director o~Family Assistance - salary aad fa~nge her~efits DENTON COUNTY FRIENDS OF THE FAMILY Dfrector o~~ictrm Outreach services - salary and fringe benefits HOPE, INC. In~.ke V~orker -salary and fringe benefits l~IBILITATIDN ~ ~,p~ E~~ENTIAL SERVICES $ 33a075.~~ SALADS ~ ~ ~~,~75.4~ DENTON COUNTY FR~END~ OF THE FAM~Y Traritional Housing Coordinator -salary and fringe be~e~Zts DOPE, INC. Case Manager -salary and fringe henef#s OTHER ~ HOPE, INC. Cl~i1d Care MAINTENANCE, QP~RATIDNS, AND FUN~SHINOS 17~3~6,~~ OPERATIONS $17,30~.~~ DENTON COUNTY FRIENDS OF THE FAMILY Utiiities Telephone HOPE, INC. HAS Sup~orflMaintenance for users Utilities Telephone HOMELESSNESS PREVENTION ~5#~13.~~ CHRISTIAN COlVaV1[NTY ACTION Rent assistance DENTON COUNTY FRIENDS OF THE FAjVIILY Rest assistance TiOPE, INC. Rent assistance Security deposit TQTAL 1 10A0 Page 11 of 15 Agency: City o~,~enton Contract: 42~~4~~0577 Co~t~act Term: ~9f411~~~9 - ~813~120~0 B MATCH r ~~onations ~ 47,~4~.~4 HOPS, INC. ~~pp~ies (cloth~g and k~oaseho~d} - 4,4~Q CHRiST~N COMMU7`~Y A~T~~N C~e~era~ d - HOPE, INC. Emergency Food and shelter Program giant finds µ $~2,~~~ Leasell~ent ~3,36~.~0 I~~NT~N C~UNT~ ~R~NDS T FAM~~ ~lie~ter fair market lease • b,0~~ x l ~ mos = $6~,00~ H~Pl1, ~C. Par#aa~ lease for office - $Y,4~0 x ~4°Ia x 12 mos ~ $3,~6~ ala~es $ 52,423F~~ CH>~iS~'IAN ~ONIMUNIT~ AC~`~ON ~ caseworkcrs - $18,077 x 3D°/a= $~2,~~3 I~~PE, ~N~, Case Manager M $3,341 x 6~°Ia = MATCg TQTAL 1G2,7S3.~~ Page 12 0~' ~5 E~~~ AP'FLICABLL LAWS Alm R~GULAT~ONS Grantee shall comply with die Act specified in Se~ion 3 of this agreement; the OMB Circulars and regulations specified in Section ~ of the grant agreement; and with all other federal, state, and local laves and reg~latians applicable to the activities and performances rendered by Grantee under this agreement including but not limited to the laws, and the regulations promulgated thereunder specified in this Exhibit L NONll~SCR~IINAT~ON ANI~_,~OUAL OPPORTUNITY Title ~ of the Civil Rights Act of 1964, X42 [J.S.C. Sec. 20044 ct seq.; 24 C.F.R. Part 1, nNandiscrunination i~ Federally Assisted P~'ograms of the Department of Housing and urban Development Effectuation ~f Title Vl of the Civil Rights Act of 1964"; Title ViIF of the Civic Rights Act of 1968, "The Fair Housing Act of 1968" (~4,2~I.S.C. Sec. 3601 et seq.} and implementing regulatians; Executive Order 11063, as amended by Executive Drder 12249, and 24 C.F.R. Part 107, "Nondiscrirninatinn and Equal Opportunir~+ in Housing under Executive Order 11063". Tl~e failure or refusal of the Cantractar to coanply with the requirements of Ea~ecutive Order 1I063 of 24 C,F.R. Part l07 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. Sec. 107,60.; The prohibitions against discrimination on the basis of age under the Age Discrimination Act of X975 X42 U.S.C. Sec. 6141 et seq.) and implementing regulations at 24 C.F.R. Part 146; The prohibitions against discrimination against otherwise quali#ied individuals with disabilities under Section 514 a~ the Rehabilitation Act of 1973 (29 ll.S.C. Sec. 794} and implementing regulations at 24 C.F.R. Part 8. Fvr purposes of the lJmergency Shelter Grants Program, the term "dwelling units" in 24 O.F.R. Part 8 shall include sleeping accommodations; The aff`iumative action requirements of Executive Order 11245 and the regulations issued under the Drder at 41 C,F.R. Chapter 6b; axrd Executive Orders 11625, 12432, and 12138. Contractor shall make efforts to encourage the use of minority and women's business enterprise in connection with activities funded under this contract II. ~MPLDYll~1T OPPORTUNITIES Section 3 afthe Housing and Urban Development Act of 1968 X12 U.S.C. Sec.1701u}. IIL ,FORM FEDERAL ACCESSILITY STANDARD For major rehabilitation or conversion, the Uniform Federal Accessibility Standards at 24 C.F.R. Part 40, Appendix A. Page 13 of ~5  Lm I~. BEAD-BA~E~ PAIl~IT The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (4~ U.S.C. Sec. 4821-4846} and implementing regulations at 24 C.F.R. Part 35. In addition, Can~actar must also rneet the following requirements relating to inspection and abatement of defective lead-based. paint surfaces: (1} Treatment of defe~ive paint surfaces mast be performed before final inspection and approval of the renovation, rehabili~tion, or conversion activity under 24 C.F.R. Part 576; and Appropriate action must be taken to protect shelter occupants fronn the hazards associated with teed-based paint abatement procedures. The provisions of 24 C.F.R. Part 24 relating to the employment, engagement of services, awarding of contracts, or funding ofany Contractors or subcontractors daring any period afdebarmeaat, suspension, or placement in i~teligibility status. VL FL{l~D INSURANCE No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under 24 C.F.R. Part 576, other than by grant amounts allocated to States under Sec. 576.43, may be located in era area that has been identified by the Federal Emergency Management Agency ~FEMA} as having special flood hazards unless: ~ 1 } The community in which the area is situated is participating in the National Flood Insurance Pmgram and the regulation thereunder X44 C.F.R. Paris 59 tl~raugh 79} or (ii} Less Haan a year has passed since FEMA notiflcatian regarding such hazards; and Contractor will ensure that flood insurance an floe structure is obtained in compliance with section 102(a} of the Floyd Disaster ProtectionAct of 173 (4~ U.S.C. Sec. 441 ~ COASTAL BARIRS lay accordance with the Coastal Barrier resources Act, 16 U.S.C. 351, no financial assistance under floe Act may be made avaiiable within the Coastal Barrier Resources System. Contractor shall comply, where applicable, with the Coastal one Management Act of 172 {lb U,S,C. ec.~45~1 et seq.} as amended, particularly section 3~?{c} and ~d} X16 U.S.C. Sec. 1456{c}and ~d} Page ~4 of ~5 ,  VIIL AL STAIV~AR~ If Grantee is a unit of local government, it shall assume the ~nviron,rnental responsibilities specified in section i04~g}(1} of the dousing and Community Development Act of 1974 and 24 C.F.1~, Part 58. Grantee shall assist Department and HHD in ~ their compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. ~e~470 et seq.}; Executive Order 11593; and the Archaeological at~d Historical Preservation Act of 196 {l6 ~.5. Sec. 489a-1 et seq. by: (a} consulting with ~ the Mate Historic preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects by activities funded under this contract and notifying Department and HUD of the existence of any such properties, and ~ complying with all regr~irements established by ~Ul) . to avoid or mitigate adverse effects upon such properties. Grantee shall ensure, pursuant to Executive Order 11783, that the facilities under its ownership, lease, or supervisions which shall be utilised ion the accomplishment of his grant agreement are not listed on the ]~nvirotunental l?ratectio~ Agency EPA} list of violating facilities and that it shall z~atify Department and HUD of ~e receipt of any carn~nunication frarn the Director of the EPA Offce of Federal Ac~vities indicating that a facility to be used in carrying out this agreement is under consideration fvr listing by the 11P,~. Grantee shall comply with the provisions of the National Environment Policy Act of 1969 {P.L, 91-190} and Executive Order 11514, as atrzended by Executive Order 11991, which promote efforts to prevent ar eliminate damage to the environment and biosphere and require an Environmental Impact Statement when plans and programs may affect the quality of the environment. To the extent applicable, Grantee shall comply with all of the requirements of Section 114 of the Clean Air ~.ct, as amended (4~ U.S.C. Sec~57 et seq.), and Section 308 of the Federal dater Polluban Control Act {33 [.T.S.C, Sec. 125~„et seq.}, respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the 'dater ~.ct, respectively, anal all regulations and guidelines issued thereunder. Grantee shall connply with the provisions of Executive Order l 129b, relating to evaluation of flood hazards, and Executive Qrder 11288, relating to prevention, control, and abatement of water pollution. Grantee shall assist Departxr~erat and HUD in their compliance with Executive 4~er 11988, Flood Plain Management, which requires avoidance, to the extent passible, of the long and short term impacts associated with the occupancy and naodiflcation o#` floodplams and avoidance of the direct of indirect support of floodplain development whenever there is a practicable alternative. Page ~5 of 15 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4364-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $92,775.39). FILE INFORMATION The City of Denton uses the Harris Public Utility Billing System software for maintaining utility customer accounts, producing utility bills, and processing utility revenues. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. Harris Computer Systems, Inc. is the sole source vendor for maintenance for the Harris Public Utility Billing System and associated software modules. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION Award to Harris Computer Systems, Inc. in the amount of $92,775.39. PRINCIPAL PLACE OF BUSINESS Harris Computer Systems, Inc. Ottawa, Ontario, Canada ESTIMATED SCHEDULE OF PROJECT Annual maintenance is for the time period of November 1, 2009 through October 3 1, 2010. Agenda Information Sheet September 22, 2009 Page 2 FISCAL INFORMATION Funding for this item is budgeted in the FY2009-10 Technology Services Operating Account 830400.6504. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit l: Quote Exhibit 2: Sole Source Letter Exhibit 3: Cost Analysis 1-AIS-File 4364 Exhibit 1 PUBS, CARe & HHI 36,129.67 Report Writer -PUBS 2,343.31 eCARe 16,158.14 Call Centre 2,073.17 Test Server 2,607.17 EIS 973.32 mCARE 12,050.61 Cognos-1Admin User ~ $290 290.00 Cognos -10 Users ~ $230 2300.00 GUI (155 ~ $66) 10,850.00 GUI 100 ~ $66 7,000.00 Paul Mullins Director, Support Services 400-1 Antares Drive Ottawa, ON K2E 8C4 P: 613-226-5511 x2015 www.harrisnorthstar.com F: 613-226-3377 ' E: mullinsp(a~harriscomputer.com Join us for our 2009 Customer Conference in Nashville, TN, October 21 - 23! This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. 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AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR HARRIS PUBLIC UTILITY BILLING SYSTEM AND ASSOCIATED SOFTWARE MODULES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4364-PURCHASE OF ANNUAL MAINTENANCE FOR HARRIS PUBLIC UTILITY BILLING AWARDED TO HARRIS COMPUTER SYSTEMS, INC. IN THE AMOUNT OF $92,775.39). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4364 Harris Computer Systems Inc. $92,775.39 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r= ~ 5 I BY: 5-OR -File 4364 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle Enterprise0ne (formerly PeopleSoft Enterprise0ne (formerly JD Edwards OneWorld)) from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4365-Purchase of Annual Maintenance for Oracle Enterprise0ne Software Package awarded to Oracle USA, Inc. in the amount of $1 O 1,183.24). FILE INFORMATION In 1998, a Focus Committee was formed to review and select a new financial reporting system and human resources management system. This new software would replace an eighteen-year old mainframe system. Twelve representatives from Utilities, Treasury, Purchasing and Warehouse, Human Resources, Accounting and Budget, and other end-user departments participated in the evaluation process. The Committee met regularly establishing criteria for selection, identifying possible product solutions and evaluating each possible solution. After product demonstrations and initial selection of four possible solutions, site visits were made to similar municipal users. The Committee unanimously made the final selection of JD Edwards on September 24,1999. The City of Denton uses the Oracle Enterprise0ne software package for Job Cost, Warehouse Inventory and Procurement, Financials, General Ledger Accounting, Human Resources, Employee Information, and Payroll. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. Oracle USA, Inc. is the sole source of technical support services including proprietary program updates for the City of Denton Oracle Enterprise One software package. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION Award to Oracle USA, Inc. in the amount of $101,183.24. Agenda Information Sheet September 22, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Oracle USA, Inc. Chicago, IL ESTIMATED SCHEDULE OF PROJECT Maintenance is for the time period of November 1, 2009 through October 3 1, 2010. FISCAL INFORMATION Funding for this item is budgeted in the FY2009-10 Technology Services Operating Account number 830400.6504. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit l: Quote Exhibit 2: Sole Source Letter 1-AIS-File 4365 Exhibit 1 17-Aug-09 Jim Barnes City of Denton 215 E McKinney St DENTON TX 76201 United States Dear Jim Barnes, The technical support services and benefits provided under service contract number P-JD-M01693-001--86 will expire, or have expired, on 31-Oct-09. Please find attached an ordering document for the renewal of this service contract. If applicable, the attached ordering document may also include incremental technical support services newly acquired. To ensure that there is no interruption to the technical support services and benefits provided under service contract number P-JD-M01693-001--86, please order the technical support services on this ordering document by issuing an acceptable form of payment in accordance with the attached Order Processing Details section on or before 2-Oct-09. If further information is required, please contact me at the a-mail address or telephone number provided below. Regards, Derek Bishop Oracle Support Services E-mail: derek.bishop@oracle.com Tel.: 1512-671-5163 Fax: 1719-757-4291 Page 1 of 6 Service Contract Number: P-JD-M01693-001--86 RL v091507 Ordering Document Service Contract P-JD-M01693-001--86 Renewal Contact: Derek Bishop Offer Expires: 31-Oct-09 Pa ment Terms: 30 N ET from date of Tele hone: 1512-671-5163 Y invoice p Fax: 1719-757-4291 Billing Terms: Quarterly in Arrears E-mail: derek.bishop@oracle.com CUSTOMER: City of Denton QUOTE TO BILL TO Account Contact: Jim Barnes Account Contact Accounts Payable Account Name: City of Denton Account Name: City of Denton Address: 215 E McKinney St Address: 215 E McKinney St DENTON DENTON TX 76201 TX 76201 United States United States Telephone: 940-349-8530 Telephone: Fax: 940-349-8533 Fax: E-mail: jim.barnes@cityofdenton. , E-mail. com Oracle may provide certain information and notices about technical support via a-mail. Accordingly, please verify and update the Quote To and Bill To information above to ensure that such communications and notices are received from Oracle. If changes are required, please a-mail or fax the updated information to Derek Bishop at derek.bishop@oracle.com or 1719-757-4291. Please also include service contract number P-JD-M01693-001--86 on such reply. Page 2 of 6 Service Contract Number: P-JD-M01693-001--86 RL v091507 Service Details Service Level: Software Update License & Support End Date: 31-Oct-10 Product Description : JD Edwards software updates and support 1-Nov-09 Subtotal: USD 101,183.24 Total Amount: USD 101,183.24 plus applicable tax Notes: 1. If any of the fields listed above are blank, the program licenses were acquired under a separate license model in which such field(s) does not apply. 2. If a change to the Service Details provided above is required, please contact Derek Bishop at 1512-671-5163 or at derek.bishop@oracle.com and an updated ordering document will be provided in accordance with Oracle's technical support policies. Page 3 of 6 Service Contract Number: P-JD-M01693-001--86 RL v091507 GENERAL TERMS "You" and "your" refers to the Customer provided above. In the event that the Customer and the Quote To Account Name provided above are not the same, City of Denton acknowledges that Customer has authorized City of Denton to execute this ordering document on Customer's behalf and to bind Customer to the terms described herein. City of Denton agrees the ordered services shall be used solely by the Customer and shall advise Customer of the terms of this ordering document as well as information and notices about technical support that Oracle provides to City of Denton during the term of service. The technical support services acquired under this ordering document are governed by the terms and conditions of the license and services agreement that you executed when you acquired technical support from us or an authorized reseller. However, any use of the programs, which includes by definition the updates and other materials provided or made available by Oracle under technical support, is subject to the rights granted for the programs set forth in the order in which the programs were acquired. Technical support is provided under Oracle's technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid. You should review the technical support policies prior to entering into this ordering document. The current version of the technical support policies, including Oracle's reinstatement policy, may be accessed at http:/lwww.oracle.com/supportlpolicies.html. Customers who allow technical support to lapse and later wish to reactivate it will be subject to Oracle's reinstatement policy in effect at the time of reinstatement. Applicable reinstatement fees may apply in addition to the annual technical support fees. In the event that Priority Service is acquired under this ordering document, you acknowledge you must maintain a current Software Update License & Support contract for all licenses in a license set for which Priority Service has been purchased. By accepting this ordering document, you also acknowledge that Software Update License & Support for program licenses listed under the Priority Service level may be renewed under separate contract(s). Upon renewal, Priority Service fees will be based on the Priority Service pricing policies in effect at the time of renewal and such fees will be adjusted to account for any acquisition of additional licenses in a license set. Contractual caps on annual technical support fees for Software Update License & Support do not apply to Priority Service, unless stated otherwise in your contract. Page 4 of 6 Service Contract Number: P-JD-M01693-001--86 RL v091507 Order Processing Details Your order is subject to Oracle's acceptance. An order consists of the following: (i) this ordering document, which incorporates by reference the license and services agreement that you executed when you acquired technical support from us or an authorized reseller, (ii) an acceptable form of payment, and (iii) a tax exemption certificate (if applicable). Oracle normally accepts orders after receipt of a purchase order, check or credit card issued in accordance with the Purchase Order, Check, Credit Card Confirmation section below. If Oracle accepts your order, the service start date is the effective date of such order and also serves as the commencement date of the technical support services. Once ordered, technical support for the support period defined above is non-cancelable and the related fees are non-refundable. If the pre-tax value of this renewal is $2000 or less, pre-payment in the form of a check or credit card must be received. Purchase orders are no longer accepted for these transactions. An invoice will only be issued upon receipt of an acceptable form of payment. Regardless of the form of payment, Oracle's invoice includes applicable sales tax, GST, or VAT (collectively referred to as "tax"). If City of Denton is a tax exempt organization, a copy of City of Denton's tax exemption certificate must be submitted with City of Denton's purchase order, check, credit card or other acceptable form of payment. PURCHASE ORDER, CHECK, CREDIT CARD CONFIRMATION Purchase Order If the technical support services on this ordering document will be purchased by purchase order, the purchase order must include the following information: - Service Contract P-J D-M01693-001--86 - Term of Service: 1-Nov-09 to 31-Oct-10 - Final Total: USD 101,183.24 (excluding applicable tax) - Local Tax, if applicable In issuing a purchase order, City of Denton agrees and acknowledges that the terms of this ordering document are incorporated into City of Denton's purchase order and that the terms of this ordering document and the terms of the Customer's agreement with us supersede the purchase order or any other non-Oracle document, and no terms included in any such purchase order or other non-Oracle document shall apply to the technical support services ordered. Please a-mail or fax the purchase order to Oracle per the Remittance Details provided below. Check If the technical support services on this ordering document will be purchased by check, the check must include the following information: - Service Contract P-J D-M01693-001--86 - Term of Service: 1-Nov-09 to 31-Oct-10 - Final Total: USD 101,183.24 (excluding applicable tax) - Local Tax, if applicable In issuing a check, City of Denton agrees and acknowledges that the terms of this ordering document and the terms of the Customer's agreement with us shall apply to the technical support services ordered. No terms attached or submitted with the check shall apply. Please mail check payments per the Remittance Details provided below. Page 5 of 6 Service Contract Number: P-JD-M01693-001--86 RL v091507 Credit Card Confirmation If the technical support services on this ordering document will be purchased by credit card, please complete the section below and return it to Oracle per the Remittance Details provided below. Please note that Oracle is unable to process credit card transactions of USD100,000 or greater. Service Contract P-JD-M01693-001--86 Term of Service: 1-Nov-09 to 31-Oct-10 Final Total: USD 101,183.24 (excluding applicable tax) Credit Card Number Expiration Date Billing Address (associated with Credit Card) City, State, and Zip (associated with Credit Card) Authorized Signature Name The credit card must be valid for the entire Term of Service above. In issuing this credit card confirmation, City of Denton agrees and acknowledges that the terms of this ordering document and the terms of the Customer's agreement with us shall apply to the technical support services ordered. No terms attached or submitted with the credit card confirmation shall apply. REMITTANCE DETAILS Purchase orders or credit card details for the technical support services ordered hereto should be sent to: Attn: Derek Bishop Oracle Support Services Fax: 1719-757-4291 E-mail: derek.bishop@oracle.com Checks forthe technical support services ordered hereto should be sent to: AK, AZ, CA, HI, ID, NV, OR, UT, WA: Oracle USA, Inc. PO Box 44471 San Francisco, CA 94144-4471 All other States: Oracle USA, Inc. PO Box 71028 Chicago, IL 60694-1028 Page 6 of 6 Service Contract Number: P-JD-M01693-001--86 RL v091507 Exhibit 2 9600 North Mopac Expressway Austin, TX 78759 8/13/09 City of Denton Jim Barnes 901 B Texas Street Denton, TX, 76201 Dear Jim Barnes, This letter is to confirm that Oracle has the unique expertise and capabilities to support Oracle program licenses. Oracle creates the proprietary program updates that may be provided as part of Oracle's technical support services. As the sole source of technical support services (including the proprietary program updates created by Oracle), Oracle offers the services to Oracle customers for purchase on an annual basis either directly from Oracle or, on limited occasion, indirectly from an Oracle authorized reseller of the services. For more detailed information about Oracle's technical support services, refer to Oracle's technical support policies located at http://www.oracle.com/support/policies. html. Please contact me should you have questions. Regards, Derek Bishop Support Sales, Oracle Support Services Oracle USA, Inc. 9600 North Mopac Expressway Austin, TX 78759 512-671-5163 719-757-4291 ORDINANCE N0. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR CONTINUED VENDOR SUPPORT OF THE ORACLE ENTERPRISEONE (FORMERLY PEOPLESOFT ENTERPRISEONE (FORMERLY JD EDWARDS ONEWORLD)) FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4365-PURCHASE OF ANNUAL MAINTENANCE FOR ORACLE ENTERPRISEONE SOFTWARE PACKAGE AWARDED TO ORACLE USA, INC. IN THE AMOUNT OF $1 O 1,183.24). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4365 Oracle USA, Inc. $101,183.24 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-File 4365 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for Interactive Voice Response and Outage Management System and associated software modules for Denton Municipal Electric (DME) utility available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4366-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $56,564.00). FILE INFORMATION DME uses the Milsoft Utility Systems software and automated interactive voice response system (IVR) to efficiently respond to electric utility service outages. This IVR solution provides DME with answering and message routing ability, additionally providing caller address identification supporting the Outage Mangement System (OMS). The OMS solution provides DME with the ability to partially automate the response to power outages and dispatch service crews, inform customers of outage status, and providing estimated restoration times. Milsoft Utility Solutions is the sole source vendor for maintenance for the IVR and OMS systems and associated software modules. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION Award to Milsoft Utility Solutions in the amount of $56,564.00. PRINCIPAL PLACE OF BUSINESS Milsoft Utility Solutions Abilene, TX ESTIMATED SCHEDULE OF PROJECT Annual maintenance is for the time period of November 1, 2009 through October 3 1, 2010. Agenda Information Sheet September 22, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT Annual maintenance is being paid for November 1, 2009 through October 3 1, 2010. FISCAL INFORMATION Funding for this item is budgeted in the FY2009-10 Technology Services Operating Account 830400.6504. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit l: Quote Exhibit 2: Sole Source Letter Exhibit 3: Cost Analysis 1-AIS-File 4366 Exhibit 1 From: Lori Paulson [mailto:lori.paulson~milsoft.com] Sent: Thursday, August 13, 200912:28 PM To: Keeley, Robert B. Cc: Brian Carr; Brad Fuqua; Paul Easley Subject: FW: Quote for hw/sw maintenance for 2009-2010 budget Robert, Your Porche system maintenance is $41,096.39 that covers the dates of December 16, 2009 - December 15, 2010 to be invoiced Nov. 1, 2009. The Crew Command for IVR will add an additional amount of $1,080.00 per year to be prorated beginning 60 days after installation through the December 15, 2010 date. These amounts do not include Call Center calls. You also have an annual maintenance fee for Conversion Tool of $1,800.00 and Misc. Software of $886.22 that covers the dates of Jan. 1, 2010 - Dec. 31, 2010 and will be invoiced on Dec. 1, 2009. Your OMS system is invoiced monthly at $975.00 per month. These amounts are for your current products mentioned. They will change according to any new purchases. If I can be of further assistance please let me know. Milsoft appreciates your business and we look forward to continuing to serve you. Sincerely, Lori Paulson Bookkeeper Milsoft Utility Solutions, Inc. 800.344.5647 325.695.1642 325.690.0338 fax lori.paulson(a,milsoft.com e - n ' II - ' 1 - Exhibit 2 ~ 1 I I , 1 ~ II 1 1. ~ ~ - r ..4r I 1 ■ 1 ~ I ~ p ~lr ~ i r 1 1 I 1 I y 1 1 101 5 r 1 1 I 1 a - 1 I i ~i 1 1 ■ I s ,1 1 1 I I 1 1 - I ~ I II ~:I ~ i - 1 I - , ' - _ r ! ~  40, o rna°o°oa~`o°o ego ooaoaor~ ~ a~ ~ m o ~ ~ ~ 0 N ~ ~ ~ O r ~ r ~ o ~ N O N r N L X W ~ ~ c ~ N ~ ~ ~ o c ~ L N ~ ~ G N ~ L C Q (n Q C ~ ~ _ ~ c mEocn~ a m ~ •L >+U~~N ~ ~ ~ ~ N ~ ~ C ~ O ~UU~O 00000 ~ 00000 ~ 00000 ❑ N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ N N ~ _ ~ ~ ~ ~ ~ ~0 C O O O O O ~ ~ N N ~ O O O O O N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ r r ~ ~Q ~~C~M~ ~ ~ ~ ~ ~ ❑ N N N N N ' ~ ~ ~ ~ ~ C W 00000 0 0 ~ ~ 0 O O O O O N N N N N ~ ~ ~ ~ ~ ~ ~ 0 0 ~ ~ 0 R ~ ~ ~ ~ ~ ❑ r r N N N L ~ ~ ~ (Q 'ice N ~ ~ ~ CN C~ N 0 ~ 0~ O~ ~ ~ ~ p ~ NbI~ ~ O ~ ~ ~ ~ ~ N ~ p O ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ O ~ ~ ~ ~ 0 ~ ~ ~ ~ Q 0 v ~ 4 bA ~ ~ " ~ ~ ~ ~ ~ ~ ~ bn • ~ ~ ~ j • ~ ~ bD cad ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ p " ~ N ~ a~ ~ a~ ~ ~ . ~ ~ ~ ~ p ~ a~ ~ ~ co ~ ~ ~ ~ "  ICI I0-I0101~-1ol I I U1 v~ (4 m a U V m i~ o ~I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ORDINANCE N0. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR INTERACTIVE VOICE RESPONSE AND OUTAGE MANAGEMENT SYSTEM AND ASSOCIATED SOFTWARE MODULES FOR DENTON MUNICIPAL ELECTRIC (DME) UTILITY AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4366-PURCHASE OF ANNUAL MAINTENANCE FOR MILSOFT UTILITY SYSTEMS AWARDED TO MILSOFT UTILITY SOLUTIONS IN THE AMOUNT OF $56,564.00). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4366 Milsoft Utility Solutions, Inc. $56,564 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5-ORD-File 4366 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4369-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $188,482.61). FILE INFORMATION The City of Denton uses the VisionAir Public Safety Software Suite for managing all aspects of Public Safety Dispatching as well as managing the Public Safety Records of Police and Fire Departments. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. VisionAir Inc. is the sole-source vendor for maintenance for the VisionAir Public Safety Software Suite of modules. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, do not have to be competitively bid. RECOMMENDATION Award to VisionAir, Inc. in the amount of $188,482.61. PRINCIPAL PLACE OF BUSINESS VisionAir, Inc. Castle Hayne, NC ESTIMATED SCHEDULE OF PROJECT Annual Maintenance is for the time period of October 1, 2009 through September 30, 2010. Agenda Information Sheet September 22, 2009 Page 2 FISCAL INFORMATION Funding for this item is budgeted in the FY2009-10 Technology Services operating budget account 830700.6504. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit l: Quote Exhibit 2: Sole Source Letter Exhibit 3: Cost Analysis 1-AIS-File 4369 Exhibit 1 -J- Invoice IVC4000603 ~ ~ L ~ ~ ~ ~ ~ i ~ ~ - ~ Date 7/24/2009 , ~ r ~ ~ ~ f ~ ~ Page 1 _ , Date Due 10/1/2009 User donna 5601 Barbados Boulevard www.visionair.com Castle Hayne, NC 28429 Main: 800-882-2108 Fax: 910-602-6190 Bill To: Denton TX, City of 601 East Hickory, Suite E EXEMPT 601 East Hickory, Suite E Tax ID: Denton TX 76205 Contact: Tiffany Wei Email: Tiffany.Wei@cityofdenton.com Fax: (940) 349-8979 Ext. 0000 Purchase Order No. Customer ID Maint. Beg. Date Maint. End Date Payment Due Date: Master No. ANNUAL SUPPORT DENPDFDTX01 10/1/2009 10/1/2010 10/1/2009 Quantit Item Number Descri tion Unit Price Ext. Price 1 VMECAD002 CAD 24x7 Software Support $39,070.27 $39,070.27 1 VMERMS001 RMS 8x5 Software Support $16,816.21 $16,816.21 1 VMEJAL001 Jail 8x5 Software Support $5,690.95 $5,690.95 job#082008 1 VMEMBL002 Mobile 24x7 Software Support $86,839.19 $86,839.19 1 VMEFRE001 Fire 8x5 Software Support $5,180.53 $5,180.53 1 VMEINF001 INFORM 8x5 Software Support $3,773.14 $3,773.14 1 GEOMTE002 GeoComm GeoLynx 9-1-1 Software Support GL825M $5,823.13 $5,823.13 Job#062050 1 GEOMTE010 GeoComm GeoLynx Mobile Software Support ML100N"L" $22,782.05 $22,782.05 Job#062058 1 VOTOTH002 Fingerprint Interface not live $0.00 $0.00 1 VOTOTH002 Go To Assist $400.00 $400.00 1 VMECAD002 CAD 24x7 Software Support $1,635.64 $1,635.64 Job#081061 Pro-rated 8114109 - 9/30/10 CAD/E911 1 VMEOTH002 Custom Solution Software Support $0.00 $0.00 Job#082093 Automated Citation Importer Not Live 1 VSETRN010 LMS User Subscription $471.50 $471.50 Job#092003 Pro-rated 2113110 -10/1/10 LMS Tax ID 56-1747324 Subtotal $188,482.61 Disputed Payments Mail To: VisionAlR, 5601 Misc $0.00 Barbados Boulevard, Castle Hayne, NC Tax $0.00 28429 Attn: Accounts Receivable. Questions: Call Total $188,482.61 Ext 5162 or 5166. Remit to: VisionAlR, Dept AT 952157, Atlanta, GA 31192-2157 Exhibit 2 i ~~r~~ ~~7rf~~~c~~s ~~v~. ~~st~~ f~~~yrrt~, NC ?~~?9 ~Jen~o~. 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AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR VISIONAIR PUBLIC SAFETY SOFTWARE SYSTEM AND ASSOCIATED MODULES USED FOR POLICE AND FIRE DEPARTMENT DISPATCHING AND RECORDS MANAGEMENT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4369 -PURCHASE OF ANNUAL MAINTENANCE FOR VISIONAIR PUBLIC SAFETY SOFTWARE SYSTEM AWARDED TO VISIONAIR, INC. IN THE AMOUNT OF $188,482.61). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4369 VisionAir Public Safety Software System $188,482.61 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5-ORD-File 4369 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and 3 G (third-generation) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing the expenditure of funds therfor; and providing an effective date (File 4370- Purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE), and 3G (third-generation) awarded to AT&T Mobility in the amount of $122,279.88). FILE INFORMATION The City of Denton uses the AT&T Mobility EDGE/3G Network to provide Public Safety MDC (Mobile Data Computer) wireless access to the City Computer Network. This affords direct access to the Public Safety Dispatching, Mapping, and Records system of Police and Fire by providing real-time access to information for both departments. It is essential for the City of Denton to upkeep the current wireless connectivity with the established vendor to assure there is no break in service or support. AT&T Mobility is the sole-source vendor for EDGE/3 G wireless connectivity in the Denton area. No other Denton area wireless access vendor offers signal coverage to the extent required by Public Safety. AT&T Mobility is the only wireless access vendor to offer Fixed IP (Internet Protocol) addressing which further enhances data security. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION Award to AT&T Mobility in the amount of $122,279.88. PRINCIPAL PLACE OF BUSINESS AT&T Mobility Hurst, TX Agenda Information Sheet September 22, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT Monthly access is for the time period of October 1, 2009 through September 30, 2010. FISCAL INFORMATION Funding for this item is budgeted in the FY 2009-10 Technology Services operating budget account 830700.7944. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit l: Quote Exhibit 2: Sole Source Letter Exhibit 3: Cost Analysis 1-AIS-File 4370 Exhibit 1 To: City of Denton Attn: Tiffany Wei From: Richard Carbaj al Government Account Executive AT&T Mobility Fort Worth, TX 76102 817-304-7958 Monthly Recurring Charge: Account # 994860867 $60.00 per line less $15.60 discount = $44.40 per line $44.40 x 190 = $8,436.00 Monthly Recurring Charge: Account # 870585087 (Frame) $1599.99 per month less 26% discount $1,183.99 =net cost for Tl Frame Each IP = $3.00 per IP per month $3.00 x 190 IP addresses = $570 per month Grand Total of Services: $10,189.99/month with Tl Frame. AT&T Mobility is providing service to the City of Denton under the Cellular Voice and Data Access Services Contract, Contract No. DIR-SDD-597. This agreement is expected to be renewed for subsequent terms beginning October, 2009. The City of Denton is able to automatically renew their participation in this agreement unless prices increase more than 15 % in one year. Thanks Richard Carbaj al Confidential -1- August 2009 Exhibit 2 October 1, 2009 through September 30, 2010 AT&T Mobility is the sole source provider of wireless Internet access compatible with the hardware utilized by the City of Denton. The agreement is expected to be renewed for subsequent terms beginning in October 2009. Richard Carbaj al AT&T Mobility Government Account Executive 817-304-7958 richard.carbajal(a,att.com Confidential -1- August 2009 O O N ~ N ~ N O ~ O N O ~ ~ O ~ ~ ~ O O N ~ O O ~ O ~ O N ~ ~ O N ~ ~ ~ r O ~ O N ~ N O r N ~ O ~ O N N ~ O ~ ~ ~ O r O ~ N ~ ~ ~ N O ~ ('7 ~j O ~ O ~ N O O ~ ~ ~ N nj O ~ O ~ N N ~ O ~ ~ O O ~ O ~ N r ~ O ~ O ~ O ~ O N N N N N L N U (6 L N ~ ~ ~ O Q L ~ ~ T 4 ~ ~ ~ ~ f6 ~ L Q fQ W p Y Q N U ~ ~ ~a ~ ~ ca ~ m ~ ~ o~ ~ N O ~ ~ ~ ~ ~ ~~Q-o ~ ~ ~ N ~ N "3 ~~~C7 U m ~ ~ O~ ~U ~a~ ~ mm ~a ~ i~~ ~U ~ U O Q- U•-L~`.Vl 3 L ~ a ~ ~ ~ a ~ ~'oa m m nz ~ m ao ~ Q-f6~U~O ~ L f6 L ~ ~o 0 3 ~ a~U oN~ Q~~ V ~ L L ~ C O ~ . ~ ~ ~ ~ C ~ U (n 0 ~ ~ ~ f6 •V O O N ~'N ~U~ C ° ~i~~i~a~ O U ~ N ~ ~ ~ N N ~ Q C m ~ ~ ~ f6 O O U ~ ~ ~ ~ O ~ ~ ~ N f6 ~ Uj ~ U ~ O 2 ~ U N O ~ Q ~ ~ y= U ~ ~ pad ~ ~o Q a ~ ~ ~ ~ c ca ~ ~N> U U O U 3 O a U ~ N ~ N ~ ~ N ~ C ~ ~ f6 ' L +T+ O O V ~ O O ~~Ta O O •V ~ ~ L ~ O ~ f6 ~ ~ N ~ XL ~ ~  I< I I I I IWI~-IFuIN1 ORDINANCE N0. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR ENHANCED DATA RATES FOR GSM EVOLUTION (EDGE) AND 3G (THIRD-GENERATION) WIRELESS COMPUTER NETWORK FOR THE PUBLIC SAFETY MOBILE COMPUTERS USED BY CITY OF DENTON POLICE, FIRE AND EMS PERSONNEL AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING THE EXPENDITURE OF FUNDS THERFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4370- PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR ENHANCED DATA RATES FOR GSM EVOLUTION (EDGE), AND 3G (THIRD-GENERATION) AWARDED TO AT&T MOBILITY IN THE AMOUNT OF $122,279.88). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4370 AT&T Mobility $122,279.88 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5-ORD-File 4370 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the city of Denton and the Denton Police Officers Association, and providing an effective date. BACKGROUND House Bills 304 and 2892 granted certain municipalities the option to meet and confer with fire and/or police associations and became effective in September 2005. While the bills do not require the City or the fire and/or police association to engage in a meet and confer process, it gives the legislative authority for the parties to discuss topics such as salaries, benefits, hiring, discipline and other conditions of employment that are governed by the civil service provisions of the Texas Local Government Code. In November 2005, the Denton Police Officers Association petitioned the City Council to act as the sole and exclusive bargaining agent for non-exempt employees of the Denton Police Department. The City entered into meet and confer negotiations with the Denton Police Officers Association following a Council Resolution recognizing the Police Officers Association as the exclusive bargaining agent for meet and confer on December 13, 2005. On September 26, 2006, Council adopted an ordinance approving a three (3) year Meet and Confer Agreement, as ratified by the Denton Police Officers Association. The current Agreement will expire on September 30, 2009. Consequently, in June 2009, the Denton Police Officers Association and management representatives began meeting to re-negotiate an agreement effective October 1, 2009. Association representatives and management first met to establish new ground rules for the meet and confer process, then participated in a joint training session on interest-based bargaining (IBB). The IBB method was used by both teams throughout the meet and confer meetings. Both the City and the Police Officers Association exchanged issues of interest for discussion during this process. Since June 2009, the city and the Police Officers Association have worked over a period of four (4) months to discuss these topics. The Police Officers Association team members and the City management team members formed subcommittees to report back to the group about progress in areas of special discussion. Through the work during this process, the City and the Police Officers Association developed an Agreement that contains 13 specific articles dealing with topics Agenda Information Sheet September 22, 2009 Page 2 such as hiring, promotion, compensation, and discipline, which are mutually beneficial. A copy of the proposed Agreement, along with a matrix summarizing each Article, is attached. Processes have been set in place to continue joint committee work on certain issues in the consecutive years of the contract. PRIOR ACTION/REVIEW The City Council met with staff regarding the legal aspects of the meet and confer process at the following Closed Session meetings: 1. June 2, 2009 (initial overview briefing of management topics for discussion) 2. August 18, 2009 The week of September 14-18, 2009, the Police Officers Association held a ratification vote for approval of the agreement. Out of 147 ballots, 147 ballots were returned. The agreement was approved with 139 votes in favor of the agreement and 8 votes against the agreement. FISCAL INFORMATION Components of the agreement that require financial resources are included in the FY 2009-10 budget. RECOMMENDATION Staff recommends City Council approve the 2009-2012 Police Meet and Confer Agreement. EXHIBITS 1. Police Meet and Confer Agreement Summary Matrix 2. Ordinance 3. Police Meet and Confer 2009-2012 Agreement Respectfully Submitted: r i. 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AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON POLICE OFFICERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Meet and Confer Agreement between the City and the Denton Police Officers Association in substantially the form of the agreement attached hereto and made a part of this ordinance for all purposes (the "Agreement"). SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY - + _ ~ + aC ' ~ ~ ~ . r I s .a~ r. '.d _ rs F. BY: Meet and Confer Agreement Between The City of Denton and Denton Police Officers Association Fiscal Years 2009-2010; 2010-2011 and 2011-2012 TABLE OF CONTENTS Definitions l Article 1-Authority and Recognition .............................................................................................2 Article 2 -Hiring .............................................................................................................................3 Article 3 -Promotion .......................................................................................................................6 Article 4 - Appointment of Personnel ...........................................................................................10 Article 5 -Discipline .....................................................................................................................11 Article 6 -Change in Shift Assignment ........................................................................................12 Article 7 -Compensation ..............................................................................................................13 Article 8 -Court Time and Call Back ..........................................................................................15 Article 9 -Assignment Pay ...........................................................................................................16 Article 10 -Civil Service Commission .........................................................................................17 Article 11-Contract Interpretation Dispute Resolution Procedure ..............................................18 Article 12 -Term of Agreement .....................................................................................................22 Article 13 -Savings Clause and Preemption Provision ................................................................23 Exhibit A - Panel of Arbitrators ....................................................................................................25 11 DEFINITIONS 1. "Agreement" means the Meet and Confer Agreement entered between the Denton Police Officers Association and the City of Denton. 2. "Association" means the Denton Police Officers Association, its elected leaders and its collective membership. 3. "city" means the City of Denton, its mayor, city council members, city manager, police chief and those persons designated by the City of Denton to manage the city and its police department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil SerVlce Comm1SS10n. 5. The term "days" refers to calendar days unless otherwise specified. 6. The term "Department" means the Denton Police Department. 7. The term "Department head" means the Chief of the Denton Police Department, designee, or an acting Chief of the Denton Police Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 10. The term "Officer" means a member of the Denton Police Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code. 11. "Parties" means the City of Denton and the Denton Police Officers Association. 1 ARTICLE 1 AUTHORITY AND RECOGNITION The City of Denton recognizes the Denton Police Officers Association as the sole and exclusive bargaining agent for the covered Police Department police officers described in the petition for recognition, excluding the head of the law enforcement agency and excluding the employees exempt under subsection (b) of section 142.05 of the Texas Local Government Code, in accordance with subchapter B of Chapter 142 of the Texas Local Government Code and the petition. It is intended to include all permanent paid employees of the Police Department who have been hired in substantial compliance with provisions of Chapter 143 of the Texas Local Government Code but does not include civilians or other employees. It is not intended to deny local control by the City except as provided by this Agreement under section 142.059 of the Texas Local Government Code. In consideration of this authority, the Denton Police Officers Association agrees to act impartially and without discrimination on behalf of all affected police officers, irrespective of their membership status in the Denton Police Officers Association. 2 ARTICLE 2 HIRING Section 1. Department List In this Article "Department List" shall mean the list of applicants who made a passing grade on the written examination ranked from highest to lowest including any applicable military points, and tiebreakers applied to a passing grade, and shall not mean the eligibility list from which an applicant maybe appointed. Section 2. Application of Certifications a. From the Department List, the Department head or designee shall identify the persons with a score of 90-105 and identify those persons as Group A. Within Group A, the Department head or designee shall identify the persons holding a Texas Peace Officer Certification in the following rank order highest to lower: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a Texas Peace Officer Certification within Group A on the Department List. b. From the Department List, the Department head or designee shall identify the persons with a score of 80-89 and identify those persons as Group B. Within Group B, the Department head or designee shall identify the persons with a Texas Peace Officer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a Texas Peace Officer Certification within Group B on the Department List. c. From the Department List, the Department head or designee shall identify the persons with a score of 70-79 and identify those persons as Group C. Within Group C, the Department head or designee shall identify the persons with a Texas Peace Officer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate above those without a Texas Peace Officer Certification within Group C on the Department List. d. Once the Department head or designee completes the ranking according the certification under this section, the list will be referred to as the "certification list" and will be forwarded to the commission. The director shall certify the list, making it the "eligibility list," and shall provide to the municipality's Department head, or designee, the names of the persons on the eligibility list. Section 3. Selection for Beginning Positions a. From those persons holding a Texas Peace Officer Certification ranked within Group A, the Department head shall appoint the person highest on the eligibility list if that person has 3 otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless passed over under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. b. Once the remainder of the persons holding a Texas Peace Officer Certification in Group A is exhausted, the remainder of the persons in Group A shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group A that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their rank on the eligibility list. c. If there are additional beginning positions to be filled after steps a and b are completed above, from those persons holding a Texas Peace Officer Certification ranked with Group B, the Department head shall appoint the person highest on the eligibility list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless passed over under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. d. Once the remainder of the persons holding a Texas Peace Officer Certification in Group B is exhausted, the remainder of the persons in Group B shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group B that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their rank on the eligibility list. e. If there are additional beginning positions to be filled after steps c and d are completed above, from those persons holding a Texas Peace Officer Certification ranked within Group C, the Department head shall appoint the person highest on the list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless passed over under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. f. Once the remainder of the persons holding a Texas Peace Officer Certification in Group C is exhausted, the remainder of the persons in Group C shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group C that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their rank on the eligibility list. Section 4. Commission Rules and Statutory Override a. The commission shall adopt Local Rules in accordance with this article. b. Sections 1, 2 and 3 of this article shall supercede section 143.025 of the Texas Local Government Code to allow for the creation of the eligibility list to be based upon Texas Peace Officer Certifications after passing the written examination in accordance with this article, and 4 section 143.026 to provide for appointment and notification of a pass-over by the Department head using the process outlined in Sections 1, 2 and 3 of this article. Section 5. Probationary Period A person appointed to a beginning position in the Police Department must serve a probationary period of 18 months beginning on that person's date of employment as a police officer, or academy trainee. This section of the article shall supercede Sections 143.027(a) and 143.027(b) of the Local Government Code. 5 ARTICLE 3 PROMOTION Section 1. Promotions to Sergeant Rank An Officer is not eligible for promotion to Sergeant rank unless the Officer has served in the Department in the next lower rank for at least three years immediately before the examination date. This section supercedes section 143.031 of the Texas Local Government Code to increase the requisite time of service to a three year pre-requisite in the next lower rank before taking the Sergeant promotional examination. Section 2. Promotions to Lieutenant Rank a. In_ In adopting this article, the Parties agree to implement a promotional system for Lieutenant rank using a Records Review in addition to the written examination. The Parties believe a Records Review added to the selection process for the Lieutenant rank will improve the selection process and provide promotional candidates a fair opportunity to display skills and abilities that serve as additional good indicators that they will perform well in the position of Lieutenant. b. Adoption and Publication of Rules. The commission shall adopt Local Rules in accordance with this article. c. Records Review. A maximum of twenty points of a promotional candidate's score will be based on the Records Review of a candidate's Records Evaluation Book. Prior to the administration of the written examination, the Records Review will be scored by evaluators selected by the promotional candidates. At a meeting prior to the Records Review, the candidates will be required to meet for the purpose of selecting evaluators consisting of 1 Captain and 2 Lieutenants. The names of the potential evaluators from the Department will be provided to the candidates based on the evaluators' willingness to participate and no scheduling conflicts. The evaluators will be selected by the candidates by a simple majority vote. In the event of a tie, the evaluator with the most seniority in rank within the Department will be selected. The evaluators will score the Records Review as outlined below. The candidates will receive a copy of their respective score sheets prior to the administration of the written examination. 1. Formal Education (3 points possible) A maximum of 3 points can be earned in this section. Enrollment and/or course work in a degree program will not be credited in this section. Points are not cumulative and multiple degrees will not affect the score. Only the highest degree earned will be credited. All education must be verified. The degree shall be from an accredited learning institution of higher education recognized by the State Board of Education in the State in which the college resides and accredited by the Southern Association of Colleges and Schools or a similar regional association recognized by the United States Department of E ucation. 6 1 point: Associates Degree OR 60 semester OR 90 quarter hours, or 2 points: Bachelor's Degree, or 3 points: Graduate Degree 2. Certifications (2 points possible) A maximum of 2 points can be earned in this section. Points are not cumulative and multiple certifications will not affect the score. 1 point: Advanced TCLEOSE Peace Officer Certificate, or 2 points: Master TCLEOSE Peace Officer Certificate 3. Evaluations/Training (9points possible) A maximum of 9 points can be earned in this section, 6 points based on a review of the candidate's past three years' performance evaluations (2 points per year) and 3 points based on the candidate's training. If a performance evaluation does not exist for one of those years, the candidate will receive the 2 points for that year. The evaluators will evaluate whether a candidate's performance evaluations and listed training demonstrate an ongoing commitment to improvement of self and, in turn, the Department. 4. Discipline (6 points possible) Each candidate will start with 6 points, and the following points may then be deducted: 1 point for each Written Reprimand over the last 3 years designated from the listed date of examination, and 4 points for each Suspension over the last 3 years designated from the listed date of examination, and 6 points for each involuntary Demotion over the last 3 years designated form the listed date of examination. A score that calculates to less than zero will be counted as "zero." d. Written Examination. A maximum of eighty points of a promotional candidate's score will be based on the multiple choice score of the written examination. e. Selection for the Lieutenant Rank. The promotional candidate's multiple choice score will be the candidate's raw score. All candidates who receive a raw score of at least 56 points will be considered to have passed the written examination. Upon passing the written examination, the candidate's raw score, plus Records Review score, plus any seniority points will constitute the candidate's total score and candidates will be ranked on the eligibility list and corresponding certified list according to the candidate's total score. The candidate is entitled to receive one point for each year of continuous service as a classified police officer in the Department, with a maximum of 10 points. The Department head shall appoint the eligible promotional candidate having the highest grade on the eligibility list unless the Department head has a valid reason for not appointing the person. A vacancy shall be filled within 60 days, if an eligibility list is in existence, or 90 days, if an eligibility list does not exist, after the date the vacancy occurs. 7 f. Military Duty. The commission may adopt rules providing for the efficient administration of tests for promotional candidates for Lieutenant rank who are members of the armed forces serving on active military duty as provided by section 143.032(b)(1)(2) of the Texas Local Government Code. g. Appeal or Grievance. A promotional candidate may appeal the multiple choice portion of the written examination under section 143.034 of the Texas Local Government Code but may not appeal or dispute the Records Review component of the promotional process before an administrative or judicial body. Likewise no grievance under this Agreement may be filed concerning the Records Review. The invalidation of any question or component of the written examination shall not invalidate the remainder of the promotiona process. h. Statutory Override. Sections 2(a)-(g) of the article supercede the following sections of the Texas Local Government Code: section 143.032(a) to provide for the scoring of the Records Review created under this article, section 143.032(c) to allow for the Records Review process and allow for clarifying questions to be asked in the Records Review process, section 143.0320 to expand the preparation and composition allowances to include the Records Review and to provide for more time for scoring, section 143.032(g) to allow the Department head's participation in preparing the Records Review of the promotional process, section 143.033(a) to provide for scoring of the Records Review outside the presence of the promotional candidates, section 143.033(c) to provide for the creation of the eligibility list based on both multiple choice and Records Review and for the potential score to be based on less than 100 points in the event a question is invalidated, section 143.033(4) to provide for more time to post the grades of the eligibility list, and section 143.034(a) to limit appeal of the Records Review component of the promotional process. Section 3. Eligibility List Forwarded at One Time for Nonentry Positions a. In_ This section of the article is intended to omit the administrative process of providing three names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Department. b. Process. When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head or designee, shall certify to the Department head the names of the eligibility list. c. Statutory Override. Sections 3(a)-(c) of the article supercede section 143.036 of the Texas Local Government Code to allow for the entire eligibility list to be forwarded at once. Section 4. Review by Labor/Management Committee 8 Within 6o days from the date of the certification of the eligibility list, the Labor Management Committee will review the score sheets and Records Evaluation Books submitted as part of the Records Review process. Each Party shall designate three (3) representatives to serve on the joint Labor/Management Committee. A minimum of two (2) members from each Party must be present for a meeting to beheld. The Labor/Management Committee will review and report their findings to the Department head. 9 ARTICLE 4 APPOINTMENT OF PERSONNEL All positions above Lieutenant maybe filled by appointment by the Department head pursuant to the process provided for in Section 143.014 of the Texas Local Government Code. This article supercedes section 143.014(b) and section 143.014(c) of the Texas Local Government Code. 10 ARTICLE 5 DISCIPLINE Section 1. Limitations on Acts Not Related to Criminal Activity and Time To Investigate Charges In the original written statement and charges and in any disciplinary hearing conducted under this Agreement or Chapter 143, the Department Head has 240 days from the date the act (not related to criminal activity) occurred to discover the act. The Department Head shall have 180 days from the date of discovery, as set forth in the preceding sentence, to investigate and take disciplinary action for the act (not related to criminal activity). This section shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in these sections affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. Section 2. Alternative Discipline Officers suspended up to a maximum of five (5) working days, at the Department Head's discretion, may forfeit either accumulated vacation, compensatory or sick time equal to the suspension to serve the suspension with no loss of paid salary. The officer shall have ten (10) calendar days from receipt of notice of the suspension to decide whether or not he or she wishes to forfeit accumulated leave or exercise his or her appeal rights pursuant to Chapter 143 Local Government Code. No appeal to the Commission or to arbitration may be instituted on suspensions where the officer has forfeited accumulated vacation, compensatory or sick time pursuant to the terms of this section. The forfeited vacation, compensatory, or sick time will not constitute hours worked. This section supercedes section 143.052 and section 143.053 of the Texas Local Government Code to the extent either of those sections do not allow for the process outlined in this section. Section 3. Written Statement If the Department head suspends an Officer, a copy of the statement giving the reasons for the suspension shall be delivered in person by the Department head, or his/her designee, to the suspended Officer. The Department head will file the written statement with the commission director within 120 hours after the hour of suspension which will deem the statement to be filed for purposes of section 143.052. Unless the Officer appeals the suspension to the commission, the Parties agree the director will not forward the written statement to the commission. This section of the article shall supercede section 143.052(c) of the Texas Local Government Code in that filing with the director will satisfy 143.052(c). This section also shall supercede 143.052(c) requiring delivery of the statement specifically by the Department head to the officer. This section supercedes section 143.052(e) of the Texas Local Government Code in that, in instances where the Officer does not choose to appeal to the commission, the written statement will only be filed with the director and not forwarded to the commission. 11 ARTICLE 6 CHANGE IN SHIFT ASSIGNMENT The City reserves the exclusive right to determine procedures, timing and standards for all employee transfers and reassignments; provided, however, Officers shall receive at least 14 calendar days advance notice of transfer or reassignment that result in working different hours of a shift schedule. An Officer may voluntarily waive the requirement to an advance notice. In the event of an emergency the Department head or designee may require an Officer to work at any given time without the requirement of notice given to an Officer. An emergency is an unexpected happening or event or an unforeseen situation or crisis that calls for immediate action and requires the Department head to order a Officer to work a shift other than the Officer's normal scheduled shift assignment. 12 ARTICLE 7 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Police Department perform their responsibilities at a level that is above the typical metroplex Police agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for Police officers while at the same time recognizing the financial limitations facing the City due to this challenging economic period. Section 2. Comparator Cities Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Irving, Lewisville, McKinney, Mesquite, Plano and Richardson shall continue to be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene a Labor/Management Pay Subcommittee to perform a survey in May 2010and May 2011 upon which consideration for the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Proposed increases may be limited to the average base pay percentage increase for non-civil service City employees approved by the City Council in the annual budget. Section 3. Compensation Proposal Calculation (a) The compensation for Police Officer/Recruit, Sergeant, Lieutenant and Captain shall be proposed on the basis of the following calculations: The recommended monthly base pay scale shall be calculated by the salary survey conducted in May 2010 and 2011, utilizing the average minimum base salary and the average maximum base salary for each rank of the twelve (12) comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that the minimum and maximum base pay for each rank will receive an increase (should an increase be required) to match the survey average plus five percent (5%). The steps between the minimum and maximum steps will be recalculated to maintain equal separation between any new minimum and maximum steps. (b) Increases recommended in subsection 3 (a) shall be equivalent to the average base pay increase budgeted for non-civil service City employees. Should the City Council approve a budget that does not include base pay increases for non-civil service employees, the ranks of Police Officer/Recruit, Sergeant, Lieutenant and Captain shall not receive any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus five percent (5%0. (c) Should the City Council approve a budget that includes lump sum pay increases instead of an increase to base pay to non-civil service City employees, the ranks of Police Officer/Recruit, 13 Sergeant, Lieutenant and Captain will receive a lump sum payment equal to the average lump sum increase for non-civil service employees instead of an increase to base pay. Section 4. Funding Obligations Depending upon the financial forecasts, the City may implement the compensation recommendations in section 3 between the first pay period of October and the first pay period of April of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in fiscal year 2008-2009, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. Following the adoption of the annual budget that may establish a pay increase, should the City Council find it fiscally necessary to reduce base pay for non-civil service City employees, or implement other cost saving measures such as mandatory furloughs or areduction-in-force, the increase recommended under this Article shall be reduced. 14 ARTICLE 8 COURT TIME AND CALL BACK Officers while off duty who are called back to duty shall be paid a minimum of two (2) hours or actual time worked, whichever is greater. Officers while off duty who are subpoenaed to give testimony in court about events arising out of their employment shall be paid a minimum of three (3) hours or actual time worked, whichever is greater. Any hours meeting established criteria for overtime compensation will be paid at one and a half (1-1 /2 times) the officer's regular rate of pay. 15 ARTICLE 9 ASSIGNMENT PAY Section 1. Field Training Officer Pay Each Officer assigned as a Field Training Officer shall be granted pay of $100.00 per month. Section 2. Tactical Team Pay Each Officer assigned to the Tactical Team shall be granted pay of $100.00 per month. Section 3. Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers, and Hostage Negotiators Each Officer on a callout list approved by the Department head who is assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers, and Hostage Negotiators shall be granted pay, effective the first pay period of each fiscal year, as follows: Fiscal Year 2009-2010: $50.00 per month; Fiscal Year 2010-201 l : $75.00 per month; and Fiscal Year 2011-2012: $100 per month. 16 ARTICLE 10 CIVIL SERVICE COMMISSION Section 1. Commission It is the desire of the City and the Association to broaden the criteria qualifying persons eligible to serve on the commission. As a result, a person may be appointed to the commission who has held public office within the preceding three years provided that the public office held by the person was not an elected office. This article supercedes section 143.006(c)(5) of the Texas Local Government Code. 17 ARTICLE 11 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this Article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association should reduce the dispute to writing and deliver it to the City's designated representative, who shall be is Department head or designee. An Officer may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Grievance Committee. Each dispute shall be submitted on a form similar to the one attached as an exhibit to this Agreement, and must include, at minimum, the following information: (1) a brief statement of the dispute and facts or events on which it is based; (2) the section(s) of the Agreement alleged to have been violated; (3) the remedy or adjustment sought and; (4) the bargaining unit member's signature or, if filed by the Association, the signature of the Association Grievance Committee chairman or Association Press ent. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association within thirty (30) days of the date when the employee knew or reasonably should have known of the claim. Disputes by the Association or an Officer shall proceed along the following steps: Step 1. An aggrieved Officer must initiate a dispute with the Association Grievance Committee within thirty (3 0) calendar days of the date upon which the Officer know of or should have known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Grievance Committee within (3) business 18 days of the receipt of the dispute. The Association Grievance Committee shall within their sole discretion determine if a dispute exists. If the Association Grievance Committee determines that no dispute exists, it shall notify the Department head in writing that no further proceedings will be necessary. If the Association Grievance Committee determines that the dispute is valid, it shall within fifteen (15) business days after receipt of the dispute, proceed to Step 2 of the procedure. Step 2. Any dispute found to be valid by the Association Grievance Committee shall be submitted to the Department head within five (5) business days of the Step 1 decision. After receipt of the dispute, the Department head shall within thirty (3 0) days submit his response in writing to the Association Grievance Committee. The Department head may require by policy for submission of contract disputes within the Chain of command, but shall have a duty to determine the matter within thirty (30) days of its receipt from the Association. Step 3. If the dispute is not resolved in Step 2, the Association Grievance Committee may advance the dispute in writing to the City Manager or designee within ten (10) business days from receipt of the Step 2 decision by the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Grievance Committee within ten (10) business days of the receipt of the dispute. The City Manager or designee may, at his or her discretion, conduct a conference to further explore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within ten (10) business days. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolve at Step 4, the Association shall have ten (10) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association must deliver a letter indicating its selection for arbitration to the Department head. Section 3. Arbitration Opinion The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties except form this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitration, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining 19 history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statues or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal. If a dispute is submitted to arbitration, within seven (7) calendar days, the Department head and/or City and the Association shall select an arbitrator by alternately striking names from the Parties' pre-determined panel of six (6) qualified neutral arbitrators. The Association shall strike the first name under this article with the first dispute brought under this article. Thereafter, the first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this Agreement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his replacement form a mutually accepted list of three (3) arbitrators. In the event the Parties cannot mutually agree to a replacement, the remaining members of the panel will continue to serve for the duration of the Agreement. The arbitration should be held at the earliest available date, but maybe continued for good cause shown or upon mutual agreement. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex party communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which 20 exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contract to existing law. Section 5. Mutual Extension All deadlines within this article maybe extended by mutual agreement by the Parties. 21 ARTICLE 12 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2009, and shall remain in full force and effect through September 30, 2012. 22 ARTICLE 13 SAVINGS CLAUSE AND PREEMPTION PROVISION Section 1. If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. To this end, the provisions of this Agreement are severable. This Agreement maybe amended by written mutual agreement. Section 2. The provisions of this Agreement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.067 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superceding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. However, to the extent it may be shown to be necessary to go outside the four corners of the Agreement, the Negotiation History Document may be utilized to show the intent of the Parties. 23 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON, TEXAS (Approved by Denton City Council on of , 2009) By: Dated: GEORGE C. CAMPBELL CITY MANAGER By: Dated: JENNIFER VVALTERS CITY SECRETARY APPROVED: ROY MINTER JOHN KNIGHT POLICE CHIEF DEPUTY CITY ATTORNEY THE DENTON POLICE OFFICERS ASSOCIATION, (Ratified by DPOA Membership on of , 2009). By: TROY NIVENS PRESIDENT, DENTON POLICE OFFICERS ASSOCIATION By: Dated: VIRGINIA W. NICHOLS SECRETARY, DENTON POLICE OFFICERS ASSOCIATION 24 EXHIBIT A PANEL OF ARBITRATORS Norman B ennett Otis King Francis Quinn Bill Detwiler Donald Goodman John Barnard 25 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider adoption of an ordinance authorizing assignment pay for Police Department employees assigned to perform specialized functions of Field Training Officer and officers assigned to the Tactical Team of the Police Department, authorizing assignment pay for Police Department employees on a callout list approved by the Department head who are assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, officers who are Canine Officers, and officers who are Hostage Negotiators of the Police Department; and providing an effective date. BACKGROUND The City entered into meet and confer negotiations with the Denton Police Officers Association in June 2009. Through the meet and confer process, article agreements were reached between the City and the Denton Police Officers Association on a range of issues. Article 9 of the Meet and Confer Agreement provides a new assignment pay for sworn police officers who appear on a callout list approved by the Department head who are assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers, and Hostage Negotiators of the Police Department. The proposed assignment pay for these duties is as follows: Fiscal Year 2009-2010: $50 per month; Fiscal Year 2010-2011: $75 per month; Fiscal Year 2011-2012: $100 per month. The Article retains the assignment pay granted, in the 2006 Contract, to employees who are assigned to perform specialized functions of Field Training Officer and who are assigned to the Tactical Team, in the amount of $100 per month. The proposed assignment pay is in lieu of granting compensatory time for these assignments. FISCAL INFORMATION The annual cost at the $100 rate of assignment pay for tactical team officers, which has not changed from the 2006-2009 Agreement, is $27,600. Agenda Information Sheet September 22, 2009 Page 2 The annual cost at the $100 rate of assignment pay for field training officers, which has not changed from the 2006-2009 Agreement, is $21,600. New Callout Assignment Pay for Officers: Estimated Costs 2009-2012 Year of Agreement Monthly Assignment Pay Annual Estimated Cost 2009-10 $50/month $48,000 2010-11 $75/month $73,000 2011-12 $ l 00/month $97,000 No compensatory time will be awarded for these assignments. EXHIBITS 1. Meet and Confer Article Agreement for Assignment Pay 2. Ordinance Respectfully Submitted: r r. Jon Fortune Assistant City Manager ARTICLE 9 ASSIGNMENT PAY Section 1. Field Training Officer Pay Each Officer assigned as a Field Training Officer shall be granted pay of $100.00 per month. Section 2. Tactical Team Pay Each Officer assigned to the Tactical Team shall be granted pay of $100.00 per month. Section 3. Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers, and Hostage Negotiators Each Officer on a callout list approved by the Department head who is assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, Canine Officers, and Hostage Negotiators shall be granted pay, effective the first pay period of each fiscal year, as follows: Fiscal Year 2009-2010: $50.00 per month; Fiscal Year 2010-201 l : $75.00 per month; and Fiscal Year 2011-2012: $100 per month. 1 C:1Documents and Settings1s1c1emmolMy Documentslpolice assigntnentpay ordinance.doc ORDINANCE N0. AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR POLICE DEPARTMENT EMPLOYEES ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF FIELD TRAINING OFFICER AND OFFICERS ASSIGNED TO THE TACTICAL TEAM OF THE POLICE DEPARTMENT, AUTHORIZING ASSIGNMENT PAY FOR POLICE DEPARTMENT EMPLOYEES ON THE CALL-OUT LIST ASSIGNED TO THE INVESTIGATIVE SERVICES BUREAU, OFFICERS ASSIGNED TO THE TRAFFIC ENFORCEMENT UNIT, OFFICERS ASSIGNED TO ADMINISTRATIVE SERVICES, OFFICERS WHO ARE CANINE OFFICERS, AND OFFICERS WHO ARE HOSTAGE NEGOTIATORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 143.042 of the Local Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable under conditions set by ordinance; and WHEREAS, the City of Denton and the Denton Police Officers Association have entered into a Meet and Confer Agreement whereby those employees of the Police Department assigned to perform the specialized functions in the Police Department should receive assignment pay; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Police Department officers who are assigned to perform the specialized duties of Field Training Officer shall receive assignment pay of $100.00 per month in addition to their regular monthly salary for their classification in the Police Department. SECTION 2. The Police Department officers who are assigned to the Tactical Team shall receive assignment pay of $100.00 per month in addition to their regular monthly salary for their classification in the Police Department. SECTION 3. The Police Department officers who are on the call-out list as determined by the department head and assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services, canine officers, and hostage negotiators shall receive assignment pay in addition to their regular monthly salary for their classification in the Police Department, effective the first pay period of each fiscal year, as follows: Fiscal Year 2009-2010: $50.00 per month; Fiscal Year 2010-201 l : $75.00 per month; and Fiscal Year 2011-2012: $100 per month. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY - + _ ~ + aC ' ~ ~ ~ . r I s .a~ r. '.d _ rs F. BY: Page 2  v AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the city of Denton and the Denton Fire Fighters Association; and providing an effective date. BACKGROUND House Bills 304 and 2892 granted certain municipalities the option to meet and confer with fire and/or police associations and became effective in September 2005. While the bills do not require the city or the fire and/or police association to engage in a meet and confer process, it gives the legislative authority for the parties to discuss topics such as salaries, benefits, hiring, discipline, and other conditions of employment that are governed by the civil service provision of the Texas Local Government Code. In October 2005, the Denton Fire Fighters Association petitioned the City Council to act as the sole and exclusive bargaining agent for non-exempt employees of the Denton Fire Department. The City entered into meet and confer negotiations with the Denton Fire Fighters Association following a Council resolution recognizing the Fire Fighters Association as the exclusive bargaining agent for meet and confer on November 15, 2005. On September 26, 2006, Council adopted an ordinance approving a three (3) year Meet and Confer Agreement, as ratified by the Denton Fire Fighters Association. The current Agreement will expire on September 30, 2009. Consequently, in June 2009, the Denton Fire Fighters Association and management representatives began meeting to re-negotiate an Agreement effective October 1, 2009. Association representatives and management first met to establish new ground rules for the meet and confer process, then participated in a joint training session on interest-based bargaining (IBB). The IBB method was used by both teams throughout the meet and confer meetings. Both the city and the Fire Fighters Association exchanged issues of interest for discussion during this process. Since June 2009, the city and the Fire Fighters Association have worked over a period of four (4) months to discuss these topics. The Fire Fighters Association team members and the City management team members formed joint subcommittees to report back to the group about progress in areas of special discussion. Through the work during this process, the city and the Fire Fighters Association developed an Agreement that contains 15 specific articles dealing with topics Agenda Information Sheet September 22, 2009 Page 2 such as hiring, promotion, compensation, and discipline, which are mutually beneficial. A copy of the proposed Agreement and a matrix summarizing each article are attached. Processes have been set in place to continue joint committee work on certain issues in the consecutive years of the contract. PRIOR ACTION/REVIEW The City Council met with staff regarding the legal aspects of the meet and confer process at the following Closed Session meetings: 1. June 2, 2009 (initial overview briefing of management topics for discussion) 2. August 18, 2009 The Denton Fire Fighters Association is expected to hold a ratification vote for approval of the Contract the week of September 14-18, 2009. At the time the attached information was sent to Council Members, staff did not have the vote tally. Staff will communicate the vote to Council Members, if available, during the September 22 City Council Work Session. FISCAL INFORMATION Components of the agreement that require financial resources are included in the FY 2009-10 budget. RECOMMENDATION Staff recommends City Council approve the 2009-2012 Fire Meet and Confer Agreement. EXHIBITS 1. Fire Meet and Confer Agreement Summary Matrix 2. Ordinance 3. 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AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Meet and Confer Agreement between the City and the Denton Fire Fighters Association in substantially the form of the agreement attached hereto and made a part of this ordinance for all purposes (the "Agreement"). SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY - + _ ~ + aC ' ~ ~ ~ . r I s .a~ r. '.d _ rs F. BY: Meet and Confer Agreement Between The City of Denton and Denton Fire Fighters Association, IAFF Local 1291 Fiscal Years 2009-2010; 2010-2011 and 2011-2012 TABLE OF CONTENTS Definitions l Article 1-Recognition ....................................................................................................................2 Article 2 -Transition for Certain Civil Service and Appointed Positions .....................................3 Article 3 -Labor/Management Relations ......................................................................................11 Article 4 -Hiring Process ..............................................................................................................12 Article 5 -Promotions ...................................................................................................................17 Article 6 -Nepotism ......................................................................................................................20 Article 7 -Safety and Health .........................................................................................................21 Article 8 -Discipline .....................................................................................................................22 Article 9 -Compensation ..............................................................................................................23 Article 10 -Pension .......................................................................................................................25 Article 11-Deferred Compensation Plan .....................................................................................26 Article 12 -Association Business Leave .......................................................................................27 Article 13 -Contract Interpretation Dispute Resolution Procedure ..............................................29 Article 14 - Term of Agreement ....................................................................................................33 Article 15 -Savings Clause Preemption Provision and Complete Agreement Clause .................34 Exhibit A -Panel of Arbitrators ....................................................................................................36 Exhibit B 3 7 11 DEFINITIONS 1. "Agreement" means this Meet and Confer Agreement entered between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. 2. "Association" means the Denton Fire Fighters Association, IAFF Local 1291, its elected leaders and its collective membership. 3. "city" means the City of Denton, its mayor, city council members, city manager, fire chief and those persons designated by the City of Denton to manage the city and its fire department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil Service Commission. 5. The term "days" refers to calendar days unless otherwise specified. 6. The term "Department" or "Fire Department" means the Denton Fire Department. 7. The term "Department head" or "Fire Chief 'means the Fire Chief of the Denton Fire Department, designee, interim, or an acting Chief of the Denton Fire Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 10. The term "Firefighter" means a member of the Denton Fire Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code and excludes persons attaining civil service status under article 2. 11. "Parties" or "parties" means the city of Denton and the Denton Fire Fighters Association, IAFF Local 1291 and "Party" or "party" means either the City of Denton or the Denton Fire Fighters Association, IAFF Local 1291. 1 ARTICLE 1 RECOGNITION The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL N0.1291, as the sole and exclusive bargaining agent for the covered Firefighters described in the petition for recognition, excluding the head of the fire department and excluding the employees exempt under Subsection (b), in accordance with subchapter C of Chapter 142 of the Texas Local Government Code. 2 ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS Section 1. Intent. In the Parties' prior agreement, effective October 1, 2006, (the "2006-2009 Agreement") the Parties agreed to reclassify certain non-civil service civilian positions in the Fire Prevention Division and Administration Division to civil service for certain civil service benefits and protocols under Chapter 143 of the Texas Local Government Code to create a more unified Department incorporating Operations, Administration and Fire Prevention. To further that transition and that goal, the Parties agree to reclassify certain existing civil service positions in the Fire Prevention Division and Administration Division. The Parties intend for any variation of civil service provisions by this Agreement to also apply to the reclassified positions affected by Article 2 in the 2006- 2009Agreement and this article unless provided otherwise by the Agreement. Section 2. Employees Affected and Civil Service Status in 2006-2009 Agreement and this Agreement. (A) The former non-C1V11 service positions affected by Article 2 of the 2006-2009 Agreement included the following positions: • Public Education Officer, • Fire Inspector, ~ Senior Fire Inspector, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, • Fire Recruitment Management Analyst and • Emergency Management Program Manager. A Fire Department employee who served in one of these positions was not required to take a competitive examination to remain in the employee's position if the employee was appointed to that position before October 1, 2006. (B) At the time of the effective date of the 2006-2009 Agreement, the former non-civil service employees affected by former article 2 automatically waived into and qualified for the provisions of civil service status under Chapter 143 concerning classification status, disciplinary action, appeals, protocols, sick leave, on duty injury leave, and other such provisions, with the exception of those provisions relating to promotions or transfers and except as otherwise provided in the 2006-2009 Agreement. (C) The civil service positions affected by this article include the following: • Fire Inspector Specialist, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, 3 • Fire Recruitment Management Analyst and • Emergency Management Program Manager. Section 3. New Fire Prevention Division Titles and Ranks. (A) Fire Inspector Specialist I. Pursuant to the terms of the 2006-2009 Agreement, the Public Education Officer, Fire Inspector and Senior Fire Inspector were replaced with a Fire Inspector Specialist classification. The Fire Inspector Specialist shall be reclassified to a Fire Inspector Specialist I at the current Firefighter base pay and applicable step plus $300 assignment pay per month. The applicable step determination will be based on the time in rank of Fire Inspector Specialist and Fire Inspector Specialist I. Incumbents in the Fire Inspector Specialist classification will automatically be reclassified into the classification of Fire Inspector Specialist I on the effective date of this Agreement. (B) Fire Inspector Specialist II. A new supervisory Fire Prevention position shall be established with the classification of Fire Inspector Specialist II with a salary at the current Driver base pay and applicable step plus $400 assignment pay per month. (C) Fire Protection Engineer Associate. (1) Classification. Pursuant to the 2006-2009 Agreement, the Fire Protection Engineer Associate was classified in place. This classification will continue but will be eliminated when vacated and replaced with the classification of Fire Protection Specialist. (2) Base Salary for Fire Protection Engineer Associate. The recommended base salary percentage increase for the Fire Protection Engineer Associate shall be calculated by taking the average percentage increase, excluding step increases, for contract year for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (3) Assignment Pay. The Fire Protection Engineer Associate shall receive $400 per month assignment pay. The replacement classification of Fire Protection Specialist shall receive $500 per month assignment pay. (D) Assistant Fire Marshal. (1) Classification. Pursuant to the 2006-2009 Agreement, the Assistant Fire Marshal was classified in place. This classification will continue but will be eliminated when vacated and replaced with the classification of Deputy Fire Marshal. (2) Base Salary for Assistant Fire Marshal The recommended base salary percentage increase for Assistant Fire Marshal shall be calculated by taking the average percentage increase, excluding step increases, for the contract year for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. 4 (3) Assignment Pay. The Assistant Fire Marshal shall receive $500 per month assignment pay. The replacement classification of Deputy Fire Marshal shall receive $600 per month assignment pay. (E) Future Job Descriptions for Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist and Deputy Fire Marshal. The j oint Labor/Management Committee will develop j ob descriptions including minimum and preferred qualifications for the positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist and Deputy Fire Marshal and make a recommendation to the Department head. The Department head will determine whether to adopt the recommendation and will determine minimum and preferred qualifications for this position. (F) Filling Fire Prevention Division Vacancies. (1) Vacancies in the Fire Prevention Division will be filled in a manner determined by the Department head and in accordance with this subsection of the article. This excludes the appointed positions in section 5 of the article. The process by which the vacancies are filled is not restricted by article 5, the promotions article in this Agreement, or restricted by Chapter 143 of the Texas Local Government Code. (2) Firefighters may voluntarily transfer to the Fire Prevention Division to fill vacancies according to the eligibility outlined in subsection 3 below provided: (a) he/she meets the requirements of the job description for the position he/she is applying for, and (b) he/she is recommended by the Fire Marshal and approved by the Department head. (3) Firefighters transferring under this section retain their pay grade and benefits and, in addition, receive any assignment pay for the applicable Fire Prevention Division position. Transfers to the Fire Prevention Division shall not be for promotional purposes under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention Division may only transfer to an equivalent rank as follows: Fire Inspector Specialist I =Fire Fighter Fire Inspector Specialist II =Driver Fire Protection Specialist =Captain Deputy Fire Marshal =Battalion Chief (4) Firefighters transferring to the Fire Prevention Division must complete the assignment for a minimum of two years. This assignment may be shortened or lengthened by mutual agreement of the Firefighter and the Fire Marshal and approved by the Department head. At the expiration of the two-year assignment, the Firefighter may transfer back to Operations. (5) An exception to the two year assignment shall be for promotions. A Firefighter assigned to the Fire Prevention Division shall be entitled to take an Operations 5 promotional examination if otherwise eligible. The Firefighter may promote out of the Fire Prevention Division back into the Operations Division. (6) If no qualified volunteers from the Operations Division apply for a Fire Prevention Division transfer position, the Department head will make an assignment to that position from the Operations Division. The assignment will not be for longer than two years. The assignment may be shortened by mutual agreement of the Firefighter, with the recommendation of the Fire Marshal and approval of the Department head. (7) No Probationary firefighters will be assigned to the Fire Prevention Division. (8) The Fire Marshal, with the approval of the Department head, may appoint a current member of the Fire Prevention Division to the vacant new position, provided he/she meets the requirements of the j ob description. Current members appointed in such a manner will enter the position at the applicable civil service rate for that rank and follow the steps in that classification. He/she will receive any applicable assignment pay for the position he/she fills. (9) A vacancy in the former Fire Prevention Division positions of Fire Protection Engineer Associate and Assistant Fire Marshal will not be filled. The position will be replaced with the corresponding new classification of either Fire Protection Specialist or Deputy Fire Marshal and the prior position eliminated. Section 4. Fire Recruitment Management Analyst. (A) Classification. Pursuant to the 2006-2009 Agreement, the position of Fire Recruitment Management Analyst was classified in place. This classification will continue but will be eliminated when vacated and replaced with a Fire Recruitment Captain. Base pay for Fire Recruitment Captain at that point will be equivalent to Fire Captain. The joint Labor/Management Committee will develop and recommend a job description to the Department head including minimum and preferred qualifications for the new civil service position. The Department head will determine whether to adopt the recommendation and will determine minimum and preferred qualifications for this position. (B) Base Salary for Fire Recruitment Management Analyst. The base salary for Fire Recruitment Management Analyst shall be calculated to be equivalent to the rank of Fire Captain at the first step. (C) Assignment Pay. The Fire Recruitment Management Analyst shall receive $500 per month assignment pay. 6 Section 5. Fire Marshal and Emergency Management Program Manager. (A) Fire Marshal and Emergency Management Program Manager By Appointment. The positions of Fire Marshal and Emergency Management Program Manager shall continue to be appointed by the Department head and shall not be filled by promotional examination. A person appointed under this section serves at the pleasure of the Department head. (B) Fire Marshal Classification. The Fire Marshal shall continue to be classified in place. (C) Emergency Management Program Manager. The Emergency Management Program Manager shall continue to be classified in place. (D) Base Pay Prior to a Vacancy Occurring. The base pay for Fire Marshal and Emergency Management Program Manager, prior to a vacancy occurring in each respective position, will be determined by the Department head based on market comparisons in accordance with City of Denton policy. (E) Upon the Vacancy in the Current Positions of Fire Marshal and Emergency Management Program Manager. (1) Determination of Job Descriptions and Base Pay. When a vacancy occurs in either of the current positions of Fire Marshal or Emergency Management Program Manager, the base pay and minimum and preferred qualifications for that position from the time of vacancy will be made by recommendation by the joint Labor/Management Committee to the Department head. The Department head will determine whether to adopt the recommendation and ultimately will determine minimum and preferred qualifications and base pay for that position. (2) Vacancy To Be Filled by Appointment by the Department Head. Vacancies in the positions of Fire Marshal or Emergency Management Program Manager shall be filled by appointment by the Department head. Appointments for Fire Marshal or Emergency Management Program Manager will be made by the Department head from within the Department, following the procedure outlined below. If no suitable candidate from within the Department exists, the Department head may appoint a person from outside the Department Procedure. 1. Job Announcement for potential candidate(s) within the Department 2. Candidate(s) submit a letter of interest and resume to the Department head 3. Application review for minimum and preferred qualifications by the Department head 4. Department head's interview 7 5. Appointment from within the Department or proceed to external process if no suitable internal applicant 6. External Job Announcement 7. Candidate(s) submit an application and resume to Human Resources 8. Application review for minimum and preferred qualifications by the Department head 9. Department head's interview 10. Potential appointment from external candidates or repost externally (3) Review of Non-Selection by Internal Candidate. In the event that an internal candidate applies and proceeds through step 4, but is not selected and the Department head proceeds to the external process, that candidate may seek review of the non-selection. The internal candidate may seek review by providing a written statement to the Department head within ten (10) calendar days from the date of the notification of non-selection stating the basis for review. The review process shall be as follows: (a) The j Dint Labor/Management Committee shall review the Department head's decision and make anon-binding recommendation in writing to the Department head within five (5) business days from the date that the candidate seeks review. (b) The Department head shall review the recommendation by the joint Labor/Management Committee and determine whether or not to reconsider the decision within ten (10) calendar days from the date of the recommendation. (c) The internal candidate may seek review of the non-selection to the commission by submitting a request in writing to the director within five (5) business days from the date of determination by the Department head of sustaining the non-selection. The commission shall have ten (10) business days to conduct a hearing and render a decision sustaining or overruling the Department head's decision to seek an external candidate. The standard of review by the commission is whether the Department head's decision is arbitrary and capricious. The commission's decision shall be final and binding with no right of appeal to an arbitrator or district court. (d) Deadlines in this article may be extended by mutual agreement by the internal candidate seeking review and the Department head. (F) Internal Appointment. In the event that an internal Firefighter or newly classified employee under this article fills the vacancy, only subsections 143.014(g) and 143.014(h) of 143.014 of the Texas Local Government Code shall apply. 8 (G) External Appointment. In the event that an external candidate fills the vacancy, only subsection 143.014(h) of 143.014 of the Texas Local Government Code shall apply after a twelve (12) month probationary period applicable to an external appointment, except that the provision relating to being restored to the same classification or its equivalent shall not apply. Section 6. Transfer. (A) Restrictions. The reclassified employees under former article 2 in the 2006-2009 Agreement and under this article may not transfer out of their currently assigned Division into any other classified civil service position in another Division in the Department. Reclassified Prevention Division employees under former article 2 in the 2006-2009 Agreement and under this article are eligible to promote within their currently assigned Division. (B) Effect of Transfer. Operations Division Firefighters who transfer to the Fire Prevention Division or Administration Division are eligible to take the Operations Division's promotional examinations, provided they meet the requirements for the promotional examination under Chapter 143 of the Texas Local Government Code and any pre-requisites for promotion as determined under article 5 of this Agreement. It is the intent of the Parties that, when transfer processes between Divisions are outlined by recommendation by the joint Labor/Management Committee and determined by the Department head, a Firefighter does not gain rank or lose rank by transferring between Divisions. Section 7. Commission's Role. The commission may adopt rules under this article providing for the efficient administration of this article. Section 8. Statutory Override. To the extent this article continues to reclassify former civilian positions of Public Education Officer, Fire Inspector, and Senior Fire Inspector; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager to civil service positions this article overrides section 143.003 (4) and section 143.003 (4)(A). This article is the exclusive process and provision by which the former positions of Public Education Officer, Fire Inspector, and Senior Fire Inspector; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager are afforded civil service status. Unless otherwise provided in this article, this article overrides sections 143.014, 143.015 to the extent limited in section 5 of this article, 143.026, 143.028, 143.029, 143.030, 143.032, 143.033, 143.034, 143.036 (except the definition of vacancy) and 143.085 of the Texas Local Government Code. The overrides 9 to Chapter 143 of the Texas Local Government Code also apply to this article and to the reclassified positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program. 10 ARTICLE 3 LABOR/MANAGEMENT RELATIONS Each Party shall designate three (3) representatives to serve on a joint Labor/Management Committee ("Committee"). This Committee shall meet quarterly at agreeable times and places to discuss matters of mutual concern. Such discussion shall not be tantamount to, or an extension of, the bargaining process, but shall be for the purpose of encouraging productive relations between the parties and the improvement of the fire services to the community. A minimum of two (2) members from each party must be present for a meeting to be held. The Department head will make reasonable efforts to accommodate requests by Association members to attend if they are on duty. Both parties understand and agree that Committee meetings are not required on any issue, except where provided for in Articles 2, 4, 5 and 7 of this Agreement, and are not a condition nor limitation on the management rights to make and enforce policies, rules, regulation, or operational decisions. The work of the Committee shall be conducted on City time without loss of pay by Committee members; except that meetings which are scheduled at times when Association members who are not on duty, such members shall attend on their own time without compensation. 11 ARTICLE 4 HIRING PROCESS Section 1. Intent In adopting this article, the Parties agreed to implement a hiring system for beginning positions in the Department that provided for selection based upon the determination by an Oral Interview Board and the Chief's Interview. The parties believe a determination by the Oral Interview Board and Chief's Interview for beginning positions improved the selection process and provided applicants a fair opportunity to demonstrate skills and abilities that serve as additional good indicators that they would perform well in the Department. Section 2. Adoption and Publication of Rules Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 3. Written Examination and Commission List (a) Establishment of Date of Written Examination in 2011 Until 2011, the commission shall give new examinations at the times the commission considers necessary to provide required staffing. Entrance examinations will be held on the second Saturday in January beginning in January 2011. The actual date of the examination may be rescheduled in the event of circumstances beyond the City's control including but not limited to extraordinary weather events or other emergencies. (b) Written Examination and Military Points The written examination under Chapter 143 of the Texas Local Government Code shall be administered and the minimum passing grade on the written examination is 70 percent. An additional five (5) points shall be added to the examination grade of an applicant who served a minimum of 180 active days in the United States armed forces, received an honorable discharge, and made a passing grade on the examination. In the event a tie should occur, the process to break a tie will follow the Department Hiring Guideline. A passing grade on the written examination may permit the applicant to proceed to the next step(s) in the hiring process. The grade on the written examination will not serve as the grade for ranking on the eligibility list; however, the written examination grade, plus any applicable military points, will determine the ranking for a Commission List from which applicants proceed through the remainder of the hiring process. (c) Commission List In this article "Commission List" shall mean the list of applicants who made a passing grade on the written examination ranked from highest to lowest including any applicable 12 military points and shall not mean the eligibility list from which an applicant may be appolnte . When a vacancy occurs in a beginning position in the Fire Department, the Department head shall request in writing from the director the names of suitable persons from the Commission List outlined in subsection (a) above. The director shall certify and provide to the Department head all of the names of such applicants on the Commission List. From the Commission List of names, the Department head shall identify a number of applicants, based on the determination of the Department head related to the number of vacancies, with the highest ranking to proceed through the process. Section 4. Background Check and Physical Ability Test (a) Background Check After the Department head determines an applicant to be eligible to proceed through the process by the Department head, the applicant will proceed through the Background Check in accordance with the Department's Hiring Guidelines. If an applicant passes the Background Check, then the applicant shall proceed to the Physical Ability Test. If an applicant does not pass the Background Check, the applicant will be disqualified from any further consideration in the hiring process. (b) Physical Ability Test From the list of names of applicants who passed the background check, the Department head shall identify the fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. If an applicant passes the Physical Ability Test, then the applicant will be considered to proceed to the Oral Interview Board. If an applicant does not pass the Physical Ability Test, the applicant will be disqualified from any further consideration in the hiring process. All applicants who have passed the Background Check and Physical Ability Test shall proceed to the next step in the process. If less than three (3) applicants pass the Background Check and Physical Ability Test, the Department head shall identify the next fifteen (15) applicants with the highest ranking on the Commission List (or those remaining on the Commission List if less than fifteen (15)) to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. (c) Selection of Candidates To Proceed to Oral Interview Board From the list of names of applicants who passed the Physical Ability Test, those applicants shall proceed to the next step in the process. In the event those applicant names are exhausted after the completion of the Oral Interview Board and Chief's Interview, then the Department head shall proceed under section 4(b) of this article to identify the next fifteen (15) applicants with the highest ranking on the Commission List to proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. 13 Section 5. Oral Interview Board (a) Oral Interview Board The joint Labor/Management Committee shall establish an Oral Interview Board made up of four (4) members with four (4) alternate members. Three (3) of those members and three (3) of the alternate members shall come from the Department. One (1) of those members and one (1) of the alternate members shall be a citizen member from the City of Denton chosen by the Department head. It is understood that all members and alternate members of the Oral Interview Board will receive appropriate training to conduct interviews. (b) Interview The Oral Interview Board will interview eligible applicants determined by the preceding steps in this article. Each member of the Oral Interview Board will assign an applicant a score from zero (0) to one hundred (100) points. The average of those four (4) scores will be calculated and will be the final Oral Interview Board score for each eligible applicant. If an applicant obtains a final Oral Interview Board score of seventy (70) points or more, an applicant will proceed to the Chief's Interview. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in the hiring process. Section 6. Chief s Interview The Fire Chief will interview eligible applicants determined by the preceding steps in this article. The Fire Chief shall invite the Deputy Fire Chief and/or one or more Battalion Chief(s) to attend the Fire Chief's Interview for all eligible applicants. The Chief will assign an applicant a score from zero (0) to one hundred (100) points. Any input from the Deputy Fire Chief or Battalion Chief will be included in the Chief's score. This score will be the final Chief's Interview score for each eligible applicant. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in this hiring process. Section 7. Eligibility List The overall score to be placed on the eligibility list for each eligible applicant shall be computed by taking the applicant's final Oral Interview Board score and multiply the score by .70 to the account for seventy percent (70%) of the applicant's final overall score; and adding the applicant's final Chief's Interview score and multiply that score by 14 .30 to account for thirty percent (30%} of the applicant's final overall score (see below). (4 Oral Interview Board Scores divided by 4 =final Oral Interview Board Score) x 70% (final Chief's Interview score) x 30% applicant's final overall score When a vacancy occurs, the Department head shall appoint the eligible suitable applicant having the highest final overall score on the eligibility list unless the Department head has a valid reason for not appointing the person. Each hiring eligibility list remains in existence for one (1) year after the written examination unless exhausted. All applicants maybe subj ect to a polygraph examination at the Department head's discretion. Section 8. Effect of an Eligibility List Currently In Existence and Eligibility List Created Under this Agreement A hiring eligibility list in existence at the time of the adoption of this Agreement shall continue in effect until January 11, 2011, unless exhausted. Any hiring eligibility list created under this article will take effect upon the expiration of any applicable pre- existing list. Section 9. Probationary period Unless already certified as both a firefighter by the Texas Commission on Fire Protection and a paramedic by the Texas Department of State Health Services, a person appointed to a beginning position in the Department must serve a probationary period of up to eighteen (18) months beginning on that person's date of employment as a Fire Fighter, or trainee. A person appointed to a beginning position in the Department who is certified as both a fire fighter and a paramedic shall serve a probationary period of twelve (12) months. Section 10. Disqualification In the event an applicant is disqualified at any point in the hiring process, the Department head shall clearly set forth in writing the good and sufficient reason why a person was disqualified. Section 11. Statutory Override This article supercedes the following sections of the Texas Local Government Code to the extent the article may be in conflict with any of these sections: section 143.025(a) to account for an Oral Interview Board and Chief's Interview only to be administered to certain applicants that meet the hiring process criteria under the rules implemented in accordance with this article and to establish the eligibility list based on the Oral Interview Board and Chief's Interview as outlined in this article; section 143.025(b) to base the 15 eligibility list on the Oral Interview Board and Chief's Interview final overall score as outlined in this article; sections 143.025(c), 143.025(4) and 143.025(e) to provide for the Oral Interview Board and Chief's Interview to interview applicants outside the presence of other applicants and at different times; section 143.025(h) to extend the effective date of the eligibility list from examination date to examination date; section 143.025(1) to provide for an Oral Interview Board and Chief's Interview in the grading process and for establishment of an eligibility list as outlined in this article; sections 143.026(a), 143.026(b), 143.026(c) and 143.026(4) to allow the creation of various lists in the hiring process as outlined in this article, to allow for appointment and disqualification by the Department head, to account for the Oral Interview Board and Chief's Interview final overall score as a basis for the applicant's selection, and to eliminate the requirement of filing reasons of a pass over with the commission; and section 143.027 regarding probationary period. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of City, such as the commission. 16 ARTICLE 5 PROMOTIONS Section 1. Intent In adopting this article, the parties agreed to implement changes to the promotional process for the Department by establishing pre-requisites that qualify a candidate to take a promotional written examination. The parties believe that establishing pre-requisites for promotional written examinations will improve the promotional process and will provide promotional candidates a fair opportunity to meet pre-requisites that serve as additional good indicators that they will perform well in the positions to which they seek to be promoted. This article excludes the positions addressed in article 2. Section 2. Definitions (a) In this article "written examination" means the written examination provided for promotions under Chapter 143 of the Texas Local Government Code. (b) In this article, "pre-requisites" means the minimum qualifications and conditions required of candidates for eligibility to take a Chapter 143 written examination for promotion within the Department. Section 3. Role of Commission Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 4. Minimum Qualifications (a) The Driver pre-requisites determined under the parties' prior agreement attached as Exhibit B will continue to apply. (b) For promotion to the ranks of Captain and Battalion Chief, within ninety (90) days of the execution of this Agreement, the joint Labor/ Management Committee appointed as provided in article 3 will recommend pre-requisites for taking promotional written examinations prior to the posting of the Position Opportunity Announcement publication each year. The Department head will determine whether to adopt the recommended pre-requisites. In the event the pre-requisites are adopted by the Department head, the pre-requisites will be effective twelve (12) months after their posting in the Position Opportunity Announcement publication. (c) In the event pre-requisites are not recommended by the expiration of the ninety (90) day time period, the Department head may extend the time period at his/her discretion or may proceed with the then existing qualifications. In this circumstance, the Department head may request a report from the joint 17 Labor/Management Committee outlining the pre-requisites developed at that point. Section 5. Evaluation The joint Labor/Management Committee will establish a system within the joint Laborl Management Committee to evaluate the promotional process and the pre-requisites established. The joint Labor/Management Committee shall prepare a written evaluation for the Department head within sixty (60) days after the administration of each written examination. Section 6. Date of Written Examinations and Rescheduling (a) Battalion Chief Written examinations for the rank of Battalion Chief will be held on the second Tuesday of January after the effective date of the Agreement. (b) Captain Written examinations for the rank of Captain will be held on the second Tuesday of February after the effective date of the Agreement. (c) Driver Written examinations for the rank of Driver will be held on the first Tuesday of March after the effective date of the Agreement. (d) Rescheduling of Written Examinations The actual date of the examinations may be rescheduled after the examination dates in this section in the event of circumstances beyond the City's control including but not limited to extraordinary weather events or other emergencies. In the event of a rescheduling, no further notice of the examination is required other than the new time, place and date of the rescheduled examinations, notwithstanding section 143.029 of the Texas Local Government Code. Meeting the scheduled examination dates outlined or provided for in this section, or rescheduling those dates pursuant to this subsection, precludes any liability for back pay or retroactive seniority for that position or any lower position. Section 7. Exceptions to Minimum Promotion and Rank Differential Pay Should the difference between the maximum step for a rank and minimum step of the next higher rank fall below 3.0%, then a Firefighter who is promoted or receives rank differential pay to that next higher rank shall be compensated at the second step pay. For a Firefighter being promoted in this manner, then that Firefighter shall continue to receive 18 the second step pay for four years from the promotion date before receiving another step pay in that rank. Section 8. Eligibility List When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head, shall certify to the Department head the names of the eligibility list. This section of the article shall supercede Section 143.036(b) of the Local Government Code to the extent that Section requires the certification of persons on the eligibility list to be certified three (3) persons at a time. This section of the article is intended to omit the administrative process of providing three (3) names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Fire Department. Section 9. Statutory Override This article supercedes the following sections of the Texas Local Government Code: section 143.029 to override posting rules in the event an examination is rescheduled; sections 143.030(b) and (c) to alter pre-requisites for promotions; section 143.030(4), sections 143.032(a), 143.032(b),143.032(c), and 143.032(4) to provide for pre-requisites for the promotional process as determined by the Department head to the extent any of those pre-requisites may be deemed to conflict with these sections; section 143.036(a) to provide for the promotional process in accordance with this article and to the extent any provisions of this article maybe deemed to conflict with this section; and 143.036(h) for the promotional eligibility list to remain in existence until the date of the next promotional examination for that rank. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of the City, such as the commission. 19 ARTICLE 6 NEPOTISM Section 1. Purpose The Denton Fire Department through employment, promotion, or transfer of relatives, will not contribute to the creation of any inequity or impropriety among its members. The purpose of this procedure is to communicate a Department policy regarding employment and supervisory relationships among family members. Section 2. Definition and Scope of Application During the term of this Agreement, the parties agree that the definition of "relative" shall meet the same definition of "familial relationship" provided by current City Policy Reference Number 102.08 dated September 3, 2002, and agree this article applies to a Firefighter as defined in this Agreement or a position reclassified in Article 2. Section 3. Appointment of Relatives to City Employment Members of the Department assigned to positions that make appointments, conduct interviews, promote, etc. cannot participate and must disqualify themselves if a relative is a candidate. In addition, members shall notify the Fire Chief in writing to disclose the relationship or interest involved. Section 4. Immediate Supervisory Relationships Members shall not directly supervise a relative. Director immediate supervision includes participation in a hiring decision, promotional decision, disciplinary decision, or preparing or influencing a performance evaluation of a relative. In a Battalion, relatives shall not be assigned to the same shift. Temporary shift swaps or overtime assignments are permitted, provided there is no immediate supervisory relationship. At the discretion of the Incident Commander, the prohibition on the immediate supervisory relationship of relatives during emergency operations is put aside. Irrespective of the immediate supervisory relationship, members shall not participate in a decision involving the financial interest of a relative, including hiring, promotion, discipline and pay increases. In addition, members shall not attempt to influence others in a financial interest of a relative. Section 5. Changes or Amendments During Term of Agreement It is understood that during the term of this agreement, if either party requests in writing a meeting concerning changes or amendments to the definition of the term "relative," the parties shall meet within ten calendar days to discuss such changes or amendments. Changes made to section 2 are not subject to ratification by the Association or the City Counci . 20 ARTICLE 7 SAFETY AND HEALTH It is the desire of the City and the Association to maintain the highest standards of safety and health in the Fire Department. The City and Association agree to use NFPA 1583, NFPA 1582 and the IAFF/IAFC Joint Wellness Fitness Initiative as a guideline for the implementation of policy regarding health and safety issues in the Department over time. The parties agree that the Wellness Committee will continue to work on implementing the requirements of rule 43 5.21 of the Texas Commission on Fire Protection. To that end, each Firefighter will undergo a physical during the term of this Agreement. Those Firefighters designated as priority according to NFPA guidelines shall undergo at least two physicals during the term of this Agreement. Physicals shall be conducted by an entity recommended by the Wellness Committee, approved by the joint Labor Management Committee, and approved by the Department head. In furtherance of the parties' desired goals, the parties will explore the feasibility of a position in the Department that would serve as a safety and wellness officer prior to the expiration of the Agreement. 21 ARTICLE 8 DISCIPLINE Section 1. Written Statement If the Department head suspends a Firefighter, a copy of the statement giving the reasons for the suspension shall immediately be delivered in person to the suspended Firefighter and filed with the director within 120 hours. This statement shall only be delivered to the commission if the Firefighter chooses to appeal to the commission under section 143.052(4). In instances where the Firefighter chooses to appeal to the commission, the written statement will be forwarded to the commission within 120 hours from the time the Firefighter notifies the director in writing of his/her choice to appeal to the commission. Section 2. Time to Investigate Charges In the original written statement and charges and in any disciplinary suspension hearing conducted under this Agreement or Chapter 143, the Department head shall have 180 days to investigate and take disciplinary action from the date the Department head discovers an act, provided that the Department head may not complain of or take disciplinary action for an act (not related to criminal activity) that occurred more than one year before the date of disciplinary action. Section 3. Statutory Override Section 1 of the article supercedes section 143.052(c) of the Texas Local Government Code requiring a statement to be forwarded to the commission within 120 hours of the suspension. Section 1 also supercedes section 143.052(e) of the Texas Local Government Code only in that, in instances where the Firefighter does not choose to appeal to the commission, the written statement will not be forwarded to the commission. Section 2 of the article shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in this article affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. 22 ARTICLE 9 COMPENSATION Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Fire Department perform their responsibilities at a level that is above the typical metroplex fire agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for fire fighters as reflected in Section 3(a). The parties recognize the financial limitations facing the City due to this challenging economic period. Sections 3(c)-(d) of this article reflect the parties' intent to address the current economic period and are not intended to serve as precedent in future agreements. Section 2. Comparator Cities Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Irving, Lewisville, McKinney, Mesquite, Plano and Richardson shall continue to be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene aLabor/Management Pay Subcommittee to perform a survey in May 2010 and May 2011 upon which consideration for the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Proposed increases maybe limited to the average base pay percentage increase for non-civil service City employees approved by the City Council in the annual budget. Section 3. Compensation Proposal Calculation (a) Compensation for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall be proposed on the basis of the following calculations: The recommended base pay scale shall continue to be calculated by the salary survey conducted May 2010 and 2011, utilizing the average minimum and maximum base salary for each rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that the minimum and maximum base pay for each rank, will receive an increase (should an increase be required) to match the survey average plus five percent (5%). The steps between the minimum and maximum steps will be recalculated to maintain equal separation between any new minimum and maximum steps. (b) The salary subcommittee shall prepare a report to the City Manager to be forwarded to the City Council at the time the proposed budget is submitted to the City Council that will show the cost of implementing the pay increase as calculated above compared to the cost to pay Firefighters the same percentage increase as non-civil service employees. 23 (c) Increases recommended in subsection 3 (a) may be limited to the average base pay increase budgeted for non-civil service City employees. Should the City Council approve a budget that does not include base pay increases for non-civil service employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall not receive any base pay increase regardless of the calculated amount necessary to reach minimum and maximum rates plus 5%. (d) Should the City Council approve a budget that includes lump sum pay increases instead of an increase to base pay to non-civil service City employees, the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief will receive a lump sum payment instead of an increase for non-civil service employees. Section 4. Funding Obligations Depending upon the financial forecasts, the City may implement the compensation recommendations in section 3 between the first pay period of the fiscal year and the first pay period of April of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in fiscal year 2008-2009, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. Following the adoption of the annual budget that may establish a pay increase, should the City Council find it fiscally necessary to reduce base pay for non-civil service Clty employees, or implement other cost saving measures such as mandatory furloughs or a reduction-in-force, the increases recommended under this Article may be reduced accor mg y. 24 ARTICLE 10 PENSION As of January 1, 2010 and each successive year of the Agreement, the City shall apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year. During the term of this Agreement, the City may commission a study by an actuarial firm to evaluate the Firemen's Retirement and Relief Fund and the Texas Municipal Retirement System when compared to each other. The City may proceed with the study once the Firemen's Retirement and Relief Fund completes its next actuarial study. 25 ARTICLE 11 DEFERRED COMPENSATION PLAN Section 1. Optional Retirement Program The City will continue to make available the IAFF Financial Corporation 457 Plan ("IAFF Plan") as one of the options that a civil service employee in the Department may elect. A civil service employee in the Department electing to participate in the IAFF Plan assumes full responsibility for tax or penalty provisions as applicable under federal, state or local law. 26 ARTICLE 12 ASSOCIATION BUSINESS LEAVE Section 1. Association Business Leave Authorized Association Representatives who are on duty shall be permitted to have paid time off, designated as Association Business Leave (ABL), to conduct Association business under the conditions specified in this article provided that the ABL does not impact the mission of Department including operations, staffing, training or other scheduled Department functions. Section 2. Permitted Uses of ABL ABL may be used for activities that directly support the mission of the Department or the Association, or are deemed mutually beneficial to both the Department and Association, but do not otherwise violate the specific terms of this article. It is specifically understood and agreed that no paid time off shall be utilized for political lobbying at the local, state, or national level. The Department head will make reasonable scheduling adjustments and accommodations pursuant to ABL requests to allow authorized Association Representative to participate on behalf of the Association to attend scheduled Meet and Confer negotiating sessions, sub-committee meetings, and joint Labor/Management Committee sessions between the Association and the City. The Association President or his/her designee may be granted reasonable time off pursuant to an ABL request during working hours to investigate and process grievances, to attend Civil Service, Arbitration, or Court Hearings and to represent Association employees in disciplinary action provided that the President or his/her designee shall request permission from his Battalion Chief. Whenever possible, notification is to be made prior to or at the beginning of a shift. The officers of the Association may be granted ABL for membership meetings of the Association that take place when such officers are scheduled to be on duty. This leave with pay shall be limited to one (1) meeting per month not to exceed two (2) hours per meeting. ABL may be granted up to two (2) Association representatives to attend the TSAFF or IAFF convention, TSAFF Leadership Conference. TSAFF Service Training Class, IAFF Affiliate Leadership Training Seminar, or the IAFF Human Relations Conference. The Association shall endeavor to conduct all necessary Association business during the non-working time to the greatest number of Firefighters required for such business to the greatest extent possible. 27 Section 3. Written Request Required All requests for ABL must be in writing and submitted at least three (3) days in advance to Fire Administration but requests should be made as soon as possible. To be considered timely, the request must be received in person, by fax, or by e-mail by noon of the day notice is due. Section 4. Approval of ABL Requests The Department head or the Department head's designee will review timely ABL requests to determine approval based on operations, staffing, training or other scheduled Department functions. 28 ARTICLE 13 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association should reduce the dispute to writing and deliver it to the City's designated representative, who shall be its Department head or designee. A Firefighter or newly classified employee under Article 2 in the Department may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Grievance Committee. Each dispute shall be submitted on a form similar to the one attached as an exhibit to this Agreement, and must include, at minimum, the following information: (1) a brief statement of the dispute and the facts or events on which it is based; (2) the sections(s) of the Agreement alleged to have been violated; (3) the remedy or adjustment sought; and (4) the bargaining unit member's signature or, if filed by the Association, the signature of the Association Grievance Committee chairman or Association Press ent. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for pay or benefits for any past pay periods must be filed by the employee with the Association within thirty (30) days of the date when the employee knew or reasonably should have known of the claim. 29 Disputes by the Association, Firefighter, or a newly classified employee under Article 2 shall proceed along the following steps: Step 1. An aggrieved Firefighter or newly classified employee under Article 2 must initiate a dispute with the Association Grievance Committee within thirty (30) calendar days of the date upon which the Firefighter or newly classified employee knew of or should have known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Grievance Committee within (3) business days of the receipt of the dispute. The Association Grievance Committee shall within their sole discretion determine if a dispute exists. If the Association Grievance Committee determines that no dispute exists, it shall notify the Department head in writing that no further proceedings will be necessary. If the Association Grievance Committee determines that the dispute is valid, it shall within fifteen (15) business days after receipt of the dispute, proceed to Step 2 of the procedure. Step 2. Any dispute found to be valid by the Association Grievance Committee shall be submitted to the Department head within five (5) business days of the Step 1 decision. After receipt of the dispute, the Department head shall within thirty (30) days submit his response in writing to the Association Grievance Committee. The Department head may require by policy for submission of contract disputes within the Chain of command, but shall have a duty to determine the matter within thirty (30) days of its receipt from the Association. Step 3. If the dispute is not resolved in Step 2, the Association Grievance Committee may advance the dispute in writing to the City Manager or designee within ten (10) business days from receipt of the Step 2 decision by the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Grievance Committee within ten (10) business days of the receipt of the dispute. The City Manager or designee may, at his or her discretion, conduct a conference to further explore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within ten (10) business days. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolved at Step 4, the Association shall have ten (10) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association must deliver a letter indicating its selection for arbitration to the Department head. 30 Section 3. Arbitration Option The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties except from this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitrator, and his or her decision shall be final. However, the City will only agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statutes or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal. If a dispute is submitted to arbitration, within seven (7) calendar days, the Department head and/or City and the Association shall select an arbitrator by alternately striking names from the Parties' pre-determined panel of six (6) qualified neutral arbitrators. The Association shall strike the first name under this article with the first dispute brought under this article. Thereafter, the first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this Agreement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his replacement from a mutually accepted list of three arbitrators. In the event the parties cannot mutually agree to a replacement, the remaining members of the panel will continue to serve for the duration of the Agreement. The arbitration should be held at the earliest available date, but may be continued for good cause shown or upon mutual agreement. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as 31 expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the Agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex pane communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contract to existing law. Section 5. Mutual Extension All deadlines within this article maybe extended by mutual agreement by the Parties. Section 6. Grievances of Non-Association Members Grievances of Non-Association members must follow the same procedure outlined by this article. However, should the grievance of aNon-Association member require that Association resources be used, the Non-Association member will be required to pay all expenses incurred while pursuing final disposition of their grievance. These shall include cost for payment of Arbitrator fees, counsel fees and any other fees directly related to the grievance. All disciplinary grievances shall follow procedure as outlined in chapter 143 of Local government Code. Notwithstanding the above any non-Association member may unilaterally utilize the appeal procedures for disciplinary actions as provided under such Chapter 143. 32 ARTICLE 14 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2009, and shall remain in full force and effect through September 30, 2012, and may be mutually extended by both Parties. 33 ARTICLE 15 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE Section 1. Savings Clause If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. This deadline may be extended by mutual agreement by the Parties. To this end, the provisions of this Agreement are severable. This Agreement may be amended by written mutual agreement. Section 2. Preemption Provision The provisions of this Agreement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Firefighter's Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.117 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superceding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. However, to the extent it may be shown to be necessary to go outside the four corners of the Agreement, the Negotiation History Document drafted by the Pay Subcommittee maybe utilized to show the intent of the Parties. 34 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON, TEXAS (Approved by Denton City Council on of , 2009) By: Dated: GEORGE C. CAMPBELL CITY MANAGER By: Dated: JENNIFER WALTERS CITY SECRETARY APPROVED: APPROVED AS TO FORM: ROSS CHADVVICK JOHN KNIGHT FIRE CHIEF DEPUTY CITY ATTORNEY THE DENTON FIRE FIGHTERS ASSOCIATION, LOCAL 1291 (Ratified by DFFA Membership on of , 2009). By: MIKE TUCKER PRESIDENT By: Dated: JAS ON S . BALLARD SECRETARY 35 EXHIBIT A PANEL OF ARBITRATORS Norman Bennett Otis King Francis Quinn Bill Detwiler Donald Goodman John Barnard 36 EXHIBIT B Eligibility to take the Denton Fire Department Promotional Examination for Fire Driver Classification 1. In order to be eligible to take the promotional examination for the Denton Fire Department Driver classification, acandidate must have accomplished the following: a) Serve three years in the Denton Fire Department classification of Fire Fighter. b) Successfully complete the Denton Fire Department Driver School at least once. The Driver School shall be conducted at least every two years. c) Hold current certification by the Texas Commission on Fire Protection as a Driver/Operator. d) Hold current certification by the Texas Department of State Health Services as a Paramedic. e) Successful completion of an annual Driver Skills Test. 2. The Denton Fire Department Driver Skills Test is a Pass/Fail check off sheet to help determine the operational competence of a promotional candidate. a) The Driver Skills Test remains in effect for twelve months from successful completion. b) Successful completion of the Denton Fire Department Driver School includes a Driver Skills Test. c) The Driver Skills Test may be administered by Station Captains or officers in the Training division. 37 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas repealing Ordinance No. 2009-088 and authorizing Assignment Pay for Fire Department employees in the classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of Training Chief, Emergency Medical Services Chief and Resource Management Chief, Captain-Logistics/Maintenance Officer, Captain-Training Officer, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist I, Fire Inspector Specialist II, Emergency Management Program Manager and Fire Recruitment Management Analyst who are assigned to perform assigned functions on a forty-hour workweek in the Fire Department; and providing an effective date. BACKGROUND Chapter 143.042 (b) states that "The governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions in their respective functions." Chapter 143.042 (c) further states "The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department." Historically, the City has authorized assignment pay in accordance with Chapter 143.042 (c) to several Fire Department civil service positions who perform specialized duties and are assigned to perform assigned functions on a forty-hour workweek: Battalion Chiefs who perform the specialized duties of Emergency Medical Services (EMS) Chief, Training Chief, Information Services Chief (now titled Resource Management Chief; Captain-Logistics and Maintenance; and Captain-Training Officer. In addition, the City of Denton through the Meet and Confer process reclassified several employees in the Fire Department's Fire Prevention Division and Administrative Division into Civil Service positions that perform specialized functions on a forty-hour workweek. All these classifications are highly specialized functions that demand specialized skills by those employees assigned. Ordinance No. 2009-088 approved by the City Council on April 21, 2009 authorized assignment pay in accordance with Chapter 143.042 (c). The proposed ordinance updates the assignment pay based on the current Meet and Confer Agreement and authorizes specific assignment pay for all Fire Department civil service members who perform specialized duties and are assigned to perform assigned functions on a forty-hour Agenda Information Sheet September 22, 2009 Page 2 workweek. The position of Fire Inspector Specialist has been divided into two classifications: Fire Inspector Specialist I will receive $300 per month assignment pay. Fire Inspector Specialist II will receive $400 per month assignment pay. FISCAL INFORMATION All assignment pay will be funded through the Fire Department's current budget. EXHIBITS 1. Meet and Confer article agreement for Fire Transition for Certain Civil Service and Appointed Positions 2.Ordinance Respectfully submitted, ,4 ~i I Ross Chadwick Fire Chief ARTICLE 2 TRANSITION FOR CERTAIN CIVIL SERVICE AND APPOINTED POSITIONS Section 1. Intent. In the Parties' prior agreement, effective October 1, 2006, (the "2006-2009 Agreement") the Parties agreed to reclassify certain non-civil service civilian positions in the Fire Prevention Division and Administration Division to civil service for certain civil service benefits and protocols under Chapter 143 of the Texas Local Government Code to create a more unified Department incorporating Operations, Administration and Fire Prevention. To further that transition and that goal, the Parties agree to reclassify certain existing civil service positions in the Fire Prevention Division and Administration Division. The Parties intend for any variation of civil service provisions by this Agreement to also apply to the reclassified positions affected by Article 2 in the 2006- 2009Agreement and this article unless provided otherwise by the Agreement. Section 2. Employees Affected and Civil Service Status in 2006-2009 Agreement and this Agreement. (A) The former non-C1V11 service positions affected by Article 2 of the 2006-2009 Agreement included the following positions: • Public Education Officer, • Fire Inspector, ~ Senior Fire Inspector, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, • Fire Recruitment Management Analyst and • Emergency Management Program Manager. A Fire Department employee who served in one of these positions was not required to take a competitive examination to remain in the employee's position if the employee was appointed to that position before October 1, 2006. (B) At the time of the effective date of the 2006-2009 Agreement, the former non-civil service employees affected by former article 2 automatically waived into and qualified for the provisions of civil service status under Chapter 143 concerning classification status, disciplinary action, appeals, protocols, sick leave, on duty injury leave, and other such provisions, with the exception of those provisions relating to promotions or transfers and except as otherwise provided in the 2006-2009 Agreement. (C) The civil service positions affected by this article include the following: • Fire Inspector Specialist, • Fire Protection Engineer Associate, • Assistant Fire Marshal, • Fire Marshal, 1 • Fire Recruitment Management Analyst and • Emergency Management Program Manager. Section 3. New Fire Prevention Division Titles and Ranks. (A) Fire Inspector Specialist I. Pursuant to the terms of the 2006-2009 Agreement, the Public Education Officer, Fire Inspector and Senior Fire Inspector were replaced with a Fire Inspector Specialist classification. The Fire Inspector Specialist shall be reclassified to a Fire Inspector Specialist I at the current Firefighter base pay and applicable step plus $300 assignment pay per month. The applicable step determination will be based on the time in rank of Fire Inspector Specialist and Fire Inspector Specialist I. Incumbents in the Fire Inspector Specialist classification will automatically be reclassified into the classification of Fire Inspector Specialist I on the effective date of this Agreement. (B) Fire Inspector Specialist II. A new supervisory Fire Prevention position shall be established with the classification of Fire Inspector Specialist II with a salary at the current Driver base pay and applicable step plus $400 assignment pay per month. (C) Fire Protection Engineer Associate. (1) Classification. Pursuant to the 2006-2009 Agreement, the Fire Protection Engineer Associate was classified in place. This classification will continue but will be eliminated when vacated and replaced with the classification of Fire Protection Specialist. (2) Base Salary for Fire Protection Engineer Associate. The recommended base salary percentage increase for the Fire Protection Engineer Associate shall be calculated by taking the average percentage increase, excluding step increases, for contract year for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (3) Assignment Pay. The Fire Protection Engineer Associate shall receive $400 per month assignment pay. The replacement classification of Fire Protection Specialist shall receive $500 per month assignment pay. (D) Assistant Fire Marshal. (1) Classification. Pursuant to the 2006-2009 Agreement, the Assistant Fire Marshal was classified in place. This classification will continue but will be eliminated when vacated and replaced with the classification of Deputy Fire Marshal. (2) Base Salary for Assistant Fire Marshal The recommended base salary percentage increase for Assistant Fire Marshal shall be calculated by taking the average percentage increase, excluding step increases, for the contract year for the ranks of Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. 2 (3) Assignment Pay. The Assistant Fire Marshal shall receive $500 per month assignment pay. The replacement classification of Deputy Fire Marshal shall receive $600 per month assignment pay. (E) Future Job Descriptions for Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist and Deputy Fire Marshal. The j oint Labor/Management Committee will develop j ob descriptions including minimum and preferred qualifications for the positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Specialist and Deputy Fire Marshal and make a recommendation to the Department head. The Department head will determine whether to adopt the recommendation and will determine minimum and preferred qualifications for this position. (F) Filling Fire Prevention Division Vacancies. (1) Vacancies in the Fire Prevention Division will be filled in a manner determined by the Department head and in accordance with this subsection of the article. This excludes the appointed positions in section 5 of the article. The process by which the vacancies are filled is not restricted by article 5, the promotions article in this Agreement, or restricted by Chapter 143 of the Texas Local Government Code. (2) Firefighters may voluntarily transfer to the Fire Prevention Division to fill vacancies according to the eligibility outlined in subsection 3 below provided: (a) he/she meets the requirements of the job description for the position he/she is applying for, and (b) he/she is recommended by the Fire Marshal and approved by the Department head. (3) Firefighters transferring under this section retain their pay grade and benefits and, in addition, receive any assignment pay for the applicable Fire Prevention Division position. Transfers to the Fire Prevention Division shall not be for promotional purposes under Civil Service rules. Therefore, Firefighters transferring into the Fire Prevention Division may only transfer to an equivalent rank as follows: Fire Inspector Specialist I =Fire Fighter Fire Inspector Specialist II =Driver Fire Protection Specialist =Captain Deputy Fire Marshal =Battalion Chief (4) Firefighters transferring to the Fire Prevention Division must complete the assignment for a minimum of two years. This assignment may be shortened or lengthened by mutual agreement of the Firefighter and the Fire Marshal and approved by the Department head. At the expiration of the two-year assignment, the Firefighter may transfer back to Operations. (5) An exception to the two year assignment shall be for promotions. A Firefighter assigned to the Fire Prevention Division shall be entitled to take an Operations 3 promotional examination if otherwise eligible. The Firefighter may promote out of the Fire Prevention Division back into the Operations Division. (6) If no qualified volunteers from the Operations Division apply for a Fire Prevention Division transfer position, the Department head will make an assignment to that position from the Operations Division. The assignment will not be for longer than two years. The assignment may be shortened by mutual agreement of the Firefighter, with the recommendation of the Fire Marshal and approval of the Department head. (7) No Probationary firefighters will be assigned to the Fire Prevention Division. (8) The Fire Marshal, with the approval of the Department head, may appoint a current member of the Fire Prevention Division to the vacant new position, provided he/she meets the requirements of the j ob description. Current members appointed in such a manner will enter the position at the applicable civil service rate for that rank and follow the steps in that classification. He/she will receive any applicable assignment pay for the position he/she fills. (9) A vacancy in the former Fire Prevention Division positions of Fire Protection Engineer Associate and Assistant Fire Marshal will not be filled. The position will be replaced with the corresponding new classification of either Fire Protection Specialist or Deputy Fire Marshal and the prior position eliminated. Section 4. Fire Recruitment Management Analyst. (A) Classification. Pursuant to the 2006-2009 Agreement, the position of Fire Recruitment Management Analyst was classified in place. This classification will continue but will be eliminated when vacated and replaced with a Fire Recruitment Captain. Base pay for Fire Recruitment Captain at that point will be equivalent to Fire Captain. The joint Labor/Management Committee will develop and recommend a job description to the Department head including minimum and preferred qualifications for the new civil service position. The Department head will determine whether to adopt the recommendation and will determine minimum and preferred qualifications for this position. (B) Base Salary for Fire Recruitment Management Analyst. The base salary for Fire Recruitment Management Analyst shall be calculated to be equivalent to the rank of Fire Captain at the first step. (C) Assignment Pay. The Fire Recruitment Management Analyst shall receive $500 per month assignment pay. 4 Section 5. Fire Marshal and Emergency Management Program Manager. (A) Fire Marshal and Emergency Management Program Manager By Appointment. The positions of Fire Marshal and Emergency Management Program Manager shall continue to be appointed by the Department head and shall not be filled by promotional examination. A person appointed under this section serves at the pleasure of the Department head. (B) Fire Marshal Classification. The Fire Marshal shall continue to be classified in place. (C) Emergency Management Program Manager. The Emergency Management Program Manager shall continue to be classified in place. (D) Base Pay Prior to a Vacancy Occurring. The base pay for Fire Marshal and Emergency Management Program Manager, prior to a vacancy occurring in each respective position, will be determined by the Department head based on market comparisons in accordance with City of Denton policy. (E) Upon the Vacancy in the Current Positions of Fire Marshal and Emergency Management Program Manager. (1) Determination of Job Descriptions and Base Pay. When a vacancy occurs in either of the current positions of Fire Marshal or Emergency Management Program Manager, the base pay and minimum and preferred qualifications for that position from the time of vacancy will be made by recommendation by the joint Labor/Management Committee to the Department head. The Department head will determine whether to adopt the recommendation and ultimately will determine minimum and preferred qualifications and base pay for that position. (2) Vacancy To Be Filled by Appointment by the Department Head. Vacancies in the positions of Fire Marshal or Emergency Management Program Manager shall be filled by appointment by the Department head. Appointments for Fire Marshal or Emergency Management Program Manager will be made by the Department head from within the Department, following the procedure outlined below. If no suitable candidate from within the Department exists, the Department head may appoint a person from outside the Department Procedure. 1. Job Announcement for potential candidate(s) within the Department 2. Candidate(s) submit a letter of interest and resume to the Department head 3. Application review for minimum and preferred qualifications by the Department head 4. Department head's interview 5 5. Appointment from within the Department or proceed to external process if no suitable internal applicant 6. External Job Announcement 7. Candidate(s) submit an application and resume to Human Resources 8. Application review for minimum and preferred qualifications by the Department head 9. Department head's interview 10. Potential appointment from external candidates or repost externally (3) Review of Non-Selection by Internal Candidate. In the event that an internal candidate applies and proceeds through step 4, but is not selected and the Department head proceeds to the external process, that candidate may seek review of the non-selection. The internal candidate may seek review by providing a written statement to the Department head within ten (10) calendar days from the date of the notification of non-selection stating the basis for review. The review process shall be as follows: (a) The joint Labor/Management Committee shall review the Department head's decision and make anon-binding recommendation in writing to the Department head within five (5) business days from the date that the candidate seeks review. (b) The Department head shall review the recommendation by the joint Labor/Management Committee and determine whether or not to reconsider the decision within ten (10) calendar days from the date of the recommendation. (c) The internal candidate may seek review of the non-selection to the commission by submitting a request in writing to the director within five (5) business days from the date of determination by the Department head of sustaining the non-selection. The commission shall have ten (10) business days to conduct a hearing and render a decision sustaining or overruling the Department head's decision to seek an external candidate. The standard of review by the commission is whether the Department head's decision is arbitrary and capricious. The commission's decision shall be final and binding with no right of appeal to an arbitrator or district court. (d) Deadlines in this article may be extended by mutual agreement by the internal candidate seeking review and the Department head. (F) Internal Appointment. In the event that an internal Firefighter or newly classified employee under this article fills the vacancy, only subsections 143.014(g) and 143.014(h) of 143.014 of the Texas Local Government Code shall apply. 6 (G) External Appointment. In the event that an external candidate fills the vacancy, only subsection 143.014(h) of 143.014 of the Texas Local Government Code shall apply after a twelve (12) month probationary period applicable to an external appointment, except that the provision relating to being restored to the same classification or its equivalent shall not apply. Section 6. Transfer. (A) Restrictions. The reclassified employees under former article 2 in the 2006-2009 Agreement and under this article may not transfer out of their currently assigned Division into any other classified civil service position in another Division in the Department. Reclassified Prevention Division employees under former article 2 in the 2006-2009 Agreement and under this article are eligible to promote within their currently assigned Division. (B) Effect of Transfer. Operations Division Firefighters who transfer to the Fire Prevention Division or Administration Division are eligible to take the Operations Division's promotional examinations, provided they meet the requirements for the promotional examination under Chapter 143 of the Texas Local Government Code and any pre-requisites for promotion as determined under article 5 of this Agreement. It is the intent of the Parties that, when transfer processes between Divisions are outlined by recommendation by the joint Labor/Management Committee and determined by the Department head, a Firefighter does not gain rank or lose rank by transferring between Divisions. Section 7. Commission's Role. The commission may adopt rules under this article providing for the efficient administration of this article. Section 8. Statutory Override. To the extent this article continues to reclassify former civilian positions of Public Education Officer, Fire Inspector, and Senior Fire Inspector; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager to civil service positions this article overrides section 143.003 (4) and section 143.003 (4)(A). This article is the exclusive process and provision by which the former positions of Public Education Officer, Fire Inspector, and Senior Fire Inspector; and current positions of Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager are afforded civil service status. Unless otherwise provided in this article, this article overrides sections 143.014, 143.015 to the extent limited in section 5 of this article, 143.026, 143.028, 143.029, 143.030, 143.032, 143.033, 143.034, 143.036 (except the definition of vacancy) and 143.085 of the Texas Local Government Code. The overrides 7 to Chapter 143 of the Texas Local Government Code also apply to this article and to the reclassified positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Inspector Specialist I, Fire Inspector Specialist II, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program. 8 ~l~ll~Ill`I l~ i~4 AN ~RD~NANCE ~F TAE CITY ~F DENTIN, TEA, REPEALING ~RI)INANCP~ . 2~~~-OS8 AND AUTH~RI~INC A.SSIC~NMENT PAS FAR Fn~E DEPARTMENT EMPLOYEES IN TFIE LAS IF~CAT~~N ~F DEPUTE FARE C~~EF AND BATTALION CHEF PERFORM TAE SPECIALISED DUTIBS ~F TRAIl~IN CHIEF, EMERGENCY MEDICAL ERICE CHIEF AND RESOURCE MANAGEMENT CFIIEF, RAPT.SIN-I~~~T~I~VIAINTFIN~ANE ~FF~ 1~PTAIN-TRAIl~IN ~FF~~~, FARE MARSHAL, ASITANT Fns ARI3AL, FIRE PROTECTION ENGINEER ASSOCIATE, FIRE IlVSPECTOR SPECIALIST I, FIRE INSPECTOR SPECIALIST IZ, EMERGENCY NIANACrEMENT PR~RAM MANAGER A.ND FIRE RECRUITMENT MANAGEMENT ANALYST ARE ASSIGNED TO PERFORM ASSIGNED FUN~CT~ONS ON A F~RTY~ I3OUR. wGR wEEK IN THE FIRE DEPARTMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 21, X049, the City Council passed ordinance Na. 2009-~8~ an.thorizin assignment pay for certain Fire Deparent employees in the classifications of who erfonn the specialized duties and are assigned to perform assigned functions on a forty-hau~ workweek; and . wFIEREAS, Section 14.44 of the Local Government Code authorizes ~ municipality to pay assignment pay in an a~naunt and payable under conditions set forth by ordinance; and WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employees ire the following classifications on a forty-hour worl~week schedule receive assignment pay; Deputy Fire Chief assigned to perform the specialized duties of Gperations Division Chief, Battalion Chief assigned to perform. the specialized duties of upervrsing the F1re Department's Training Program as the Fire Department's Training Chief, Battalion Chief assigned to perform the specialized duties of supervising the Fire Department's Emergency Medical Services Program a the Fire Department's Emergency Medical Services Chief, Batta~.ivn Chief-Resource Manager assigned to perform the specialized duties of resource management, Fire Marshal assigned ~o perfar~n the specialized duties of fire prevention, Fire Captain-Training Officer assigned to perform e specialized duties of training of Fire Department personnel, Fire aptain~LogistxcslMaintenance ~fflcer who to perform the.: specialized duties of logistics and maintenance of Fire Department apparatus, equipment and supplies, Assistant Fire Marshal assigned to perfarn~ the specialized duties of fire prevention, Fire Protection Engineer Associate who is assigned to perform. the specialized duties of fire prevention, Fire h~spector Specialist I assigned to perform the specialized duties of fire prevention, Fire Inspector Spee~alist II assigned to perform the specialized duties of fire prevention, Emergency Management Program Manager assigned to perfar~n the specialized duties of emergency managements Fire Recruitment Management Analyst assigned to perform. the specialized duties of recruitment; NGw, THEREFORE,  t v. . ' ~ -s v w n. r... - - - - THE C~~NIL ~F THE CITY F DENTIN HEREBY ~RDA.~NS SECTION 1. ordinance No. ~0~-~5 anal all prior ordinances or resalutians of the City of Denton, Texas, in conflict herewith are repealed to the~extent ofany such conflict. SECTION Fire Deponent employees 1n the class~ficatlon of Deputy p`zre Ch1ef assigned to perform the specialized duties of supervising the Fire Deparrt~nent's operations , Division on a forty-hour work week schedule should receive assignment pay of six hundred dollars ~4~.~~} per month in addition to the regular monthly salary for their classification in the dire Deartn~.enl. ECTI~N Fire Departn~.ent employees in the ~classif~cation. of Battalion Chief . assigned to perform the specialized duties of supervising the Fire Department' ~ Training Prograrri as the Fire Department's Training Chief, Battalion Chief assigned to perform the specialized duties of supervising the Fire Department's Emergency Medical Services Program as the Fire Department's Emergency Medical Services Chief, and Battalian Chief resource Manager assigned to perform the specialized duties of resource management on a forty-hour work week schedule should receive assigiu~a.ent pay of six hundred dollars ~6~a.~0} per rr~anth in addition to the regular rrronthly salary for their classification in the Fire Department. . SECTION 3, Fire Departrent rployees in the classifications of Fire 1Vlarshal assigned to perform the specialized duties of fire prevention and Emergency TVlanaement Program. Manager who is assigned to perform the specialized duties of emergency management an a forty- hour work week sell receive assigiuxient pay of six hundred dollars ~$60~.0~} per month in addition to the regular monthly salary far their classification in the Fire Department, SECTION Fire Deparaerit erployees in the classifications of Fire Captain LvgisticslMaintenance Officer assigned to perform the specialized dunes of logistics and maintenance of Fire Department apparatus, equipment and supplies, Flare Captain-Trainrn officer assigned to perform. the specialized duties of training, and Fire Recruitment Management Analyst who rs assigned to perform the specialized duties of recruiunent and hiring on a forty- hour work week shall receive assignment pay of five hundred dollars per rnonth in add~tlon to the regular monthly salary far their classification in the Frye Department. ETi~N Fire Department employees in the classification of Assistant Fire ~Vlarshal assigned to perform the specialized duties of fire prevention on a forty-hour work weep shall receive assignment pay of five hundred dollars ~~0.~~} per month in addition to the regular monthly salary far their classification in the Fire Department. The replacement classification of Deputy Fire Marshal shall receive six hundred dollars ~$~00.00~ per month i~ addition to the regular monthly salary far their classification in the Fire Department. ECTIDN Fire Department employees in the classification of Fire Protection Ea~ineer Associate assigned to perform the specialized duties of fire prevention ou. a forty-hour ~ ~  _ < _ ..n . c , , ~ ~.~:c~.. %:e:': •i~;:Ga-'fir ~ ~:'r rCd.c c:~GzYn `a~.,,'+~'ti`~h,~_~ `~''~:'rt?~1:~;k..~dn'w_:'o,v+~,4'sa\1rra:.r~ 4~ . .arm.n:~ti..~-~x~a:...ayl w„~.~-.... ..a..r .1.. _ _ ark ~vee1~ shall receive assignment of four hundred dollars ~4~0.0~} per month in addition to the regular n~anthly salary far their classification in the dire Department. The r 1ace~ner~t ~ ~ ' i . ` elass~fic~tian of Fire Protection Specialist shall receive five hundred dollars ~$Saa.~a er month . ~n add~t~on to the regular .onthly salary for their clasif~eation in the Fire Depment. E~T~~N 7. Fire Depar~nent e.playees in the classification of Fire ~ ector ecialit . ~ ~ ~ ~ ~I assigned to perform the spec~alzzed duties of ire prevention on a forty~hour ~vorl~ ~eel~ shat receive assignment pair of four hundred dollars 4~0.~0 er month ire addition ~ } ~ to re~u.lar monthly salary far their classif~catian in the Fire D artment. ETI~N Fire Department en~playees in the classification of F1re ~nspectar ecialist I assigned to perform the speclll~ed d~ut~es of fire prevention an for~y~honr work ~vee shall receive assignment pay of three hundred dollars ~a0.~0~ per rnanth in addition to re lr monthly salary far their classif~catian 1n the Fire Department. ETON 9. This ordinance shall hecor~e effective in~ediatel u on its assa a an P p ~ approval. A.AED .AND APP~~'~ED this the ~ day of , ll~~ A. BL~RI~~~~~S, AYE ATTEST: JE~E LTER, I~'Y EITARY B~: APE~~~ED T~ IJEAI1 F~~: AITA B~UR~ES, CITY ATTORNEY r  °.cA:.:ti•"'i,x;u:-vf4.nFa:,n~5.~,u,.A'h~iisF :'..,:,Y~':sr.~ .~r._.~.. :~~::....:~v - . AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, authorizing contribution to the Denton Firemen's Relief and Retirement Fund by the City; and establishing an effective date. BACKGROUND The City entered into meet and confer negotiations with the Denton Fire Fighters Association in April 2006. Through the meet and confer process, Article Agreements were reached between the City and the Fire Fighters Association on a range of issues. Article 6 of the 2006 Meet and Confer agreement provided an increase in the City's contribution rate to the Fire Fighters Retirement System. The Agreement increased the city's contribution to the Fire Pension system from 10% to 13%. In the interest of good will, the City increased the contribution level an additional 1 % to 14%, from the contractual obligation of 13%, in the third year of the Agreement. City and Association representatives re-entered meet and confer negotiations in June 2009. As a result, the City and Association have reached a mutually agreeable article which provides the City shall apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year, for the term of the 2009-2012 agreement. During the term of this Agreement, the City may commission a study by an actuarial firm to evaluate the Firemen's Retirement and Relief Fund and the Texas Municipal Retirement System when compared to each other. The City will proceed with the study once the Firemen's Retirement and Relief Fund completes its next actuarial study. FISCAL INFORMATION Approved contribution rate increases will be programmed into the Budget and Five-Year Forecast. The FY 2009-10 increase will be approximately $146,000. Agenda Information Sheet September 22, 2009 Page 2 EXHIBITS 1. Meet and Confer Contract Article Agreement for Fire Pension 2. Ordinance Respectfully Submitted: Jon Fortune Assistant City Manager 2 ARTICLE 10 PENSION As of January 1, 2010 and each successive year of the Agreement, the City shall apply the same contribution level, including any increase or decrease, toward the Firemen's Retirement and Relief Fund to match the City's actual contribution rate to the Texas Municipal Retirement System for that calendar year. During the term of this Agreement, the City may commission a study by an actuarial firm to evaluate the Firemen's Retirement and Relief Fund and the Texas Municipal Retirement System when compared to each other. The City may proceed with the study once the Firemen's Retirement and Relief Fund completes its next actuarial study. 1 S~1~ur f~pcu~cntSbDrdinaaces10915re pe~s~on.doc ORDINANCE NO. ORDINANCE OF THE 1T~ OF DENTON AUTHORI~C~ CONTRIBUTION TO THE DENTON FIREMEN' RE~~EF AND RETIMENT FUND THE 1~Y; AND ETABL~HIN N ~FFECTXVE DATE. IEREA, the pity ounci~ has authorized the pity of Denton to apply the sane contribution level, including any increase or decrease toward the Denton Firemen's Reltcf and Retirement Fund to match the pity's actual cvntribu~ian rate tc the Texas Municipal Retirement for that calendar year; and ~NHEREA, the change of the employer contribution requires approval by ordinance Tex. div. tat. Aran. art, ~24~e, ~29~b}~; NOS, TI~ER~FORE, THE O~JNC~~ OF THE 1TY OF DENTON 1-~EREB~ ORDAIN; ETION I. The rate of contribution by the its of Denton to the Denton Firemen's Relief and Retirement Fund sha11 be the same cont~.bution level, including any increase or decrease to match the pity's actual contribution rate to the Teas Municipal Retirement ysterri for that calendar year. SECTION 2. This ordinance will be effective beginning ~anuary_ 2010. SECTION 3. This ordinance v~i11 expire without further council action on eptcn~ber 0, 20 ~ after ~rhich it will be of no force or effect. PASSED AND APPROVED this the day of , ~OO~. 1VlARI~ A. I3IJRROUH, MAYOR AT~'EST. JENNrFER T f A.~TER, 1T FCRETARY APFRO~ED AS TO LECxAL FORM: ANITA BUR~xESS, CITY .AT~'ORNEY i r.  46*- - AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: City Manager's Office ACM: Fred Greene SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, repealing Ordinance No. 2006-293, prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a repealer clause; and declaring an effective date. BACKGROUND Civil Service law, Texas Local Government Code, Chapter 143, requires governing bodies of all jurisdictions with Civil Service employees to officially authorize their exact number of Civil Service employees. Therefore, Staff requests the City Council now authorize the current number of Civil Service positions for the Police Department and Fire Department as detailed below. Fire Department: CLASSIFICATION FY2009-2010 NUMBERS Fire Chief 1 Deputy Fire Chief 1 Fire Marshal 1 Battalion Chief-Operations 6 Assistant Fire Marshal 1 Deputy Fire Marshal (vacant) 0 Emergency Management Program Manager 1 Fire Recruitment Management Analyst 1 Captain 26 Fire Protection Engineer Associate 1 Fire Protection Specialist (vacant) 0 Driver 39 Fire Inspector Specialist I 4 Fire Inspector Specialist II (vacant) 0 Firefighter (and Recruits) 76 TOTALS 158 Police Department: CLASSIFICATION 2009-2010 NUMBERS Chief of Police 1 Captain 3 Lieutenant 7 Sergeant 16 Police Officer (and Recruits) 128 TOTALS 155 FISCAL IMPACT There will be no additional fiscal impact due to the fact that all authorized positions have been funded in the FY 2009-2010 Budget. If you have any questions, please call Police Chief Roy Minter at 940-349-7923 or Fire Chief Ross Chadwick at 940-349-8830. EXHIBIT l .Ordinance Respectfully submitted: Jon Fortune Assistant City Manager Prepared by: _ Roy Minter Police Department ,4 a Ross Chadwick Fire Department C:1Documents and Settings1s1c1emmolMyDocumentslposition ordinance.doc ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE N0. 2006-293, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on September 26, 2006, the City Council passed Ordinance No. 2006-293, adopting and approving a schedule of Authorized Positions which relates to compensation and classification of police officers and fire fighters; and WHEREAS, since the passage of Ordinance No. 2006-293, the Police Department and Fire Department have determined that this ordinance needs to be amended to more correctly reflect the total number of Police Department and Fire Department positions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby adopts and approves a schedule prescribing the number of positions for each classification of police officer and fire fighter in the City of Denton, attached hereto and incorporated by reference herein as Exhibit "A." SECTION 2. Ordinance No.2006-293 is hereby repealed. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY - + _ ~ ~ BY: r t rs F. EXHIBIT "A" Fire Department: CLASSIFICATION FY2009-2010 NUMBERS Fire Chief 1 Deputy Fire Chief 1 Fire Marshal 1 Battalion Chief-Operations 6 Assistant Fire Marshal 1 Deputy Fire Marshal (vacant) 0 Emergency Management Program Manager 1 Fire Recruitment Management Analyst 1 Captain 26 Fire Protection Engineer Associate 1 Fire Protection Specialist (vacant) 0 Driver 39 Fire Inspector Specialist I 4 Fire Inspector Specialist II (vacant) 0 Firefighter (and Recruits) 76 TOTALS 158 Police Department: CLASSIFICATION 2009/2010 NUMBERS Chief of Police 1 Captain 3 Lieutenant 7 Sergeant 16 Police Officer (and Recruits) 128 TOTALS 155 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Economic Development CM: Geor e C. Cam bell g p SUBJECT Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an Economic Development Partnership; and providing an effective date. BACKGROUND The City Council and the Denton Chamber of Commerce first entered into an economic development partnership agreement in 1986. The attached contract represents the 2009-10 annual agreement and funding for the Denton Chamber of Commerce Economic Development program. The 2009-10 budget request reflects a 2% decrease from last year's budget. The City's participation consists of General Fund and Utility Fund dollars and provides for the administration and operation budget of the Chamber of Commerce, which includes: • Salaries and benefits for two employees • Prospect generation activities • Economic Development Partnership Board support • Small Business Development Center support • Marketing activities, i.e. trade shows, publishing/printing, website(s) administration, marketing materials In addition to City funds, the Chamber of Commerce solicits private sector funding to enhance marketing and allies development efforts. The contract also references the Chamber Marketing Reserve Account in the amount of $72,246.85. The account consists of City funds identified for marketing activities that had not been spent over the previous five years. The Chamber will provide a marketing plan and budget to address the activities to be funded by this account. PRIOR ACTION/REVIEW The Economic Development Partnership Board reviewed the budget and work plan for the 2009- 10 fiscal year and recommended approval of the $23 5,200 budget at their August 17, 2009 meeting. FISCAL INFORMATION The proposed budget requests $77,400 from the General Fund and $157,800 from the Utility Fund. -1- EXHIBITS Ordinance Denton Chamber of Commerce Economic Development Agreement Respectfully submitted: ~ •n ( ti r}-r/ _ tit. i r •5 ti i ~ F ~I~1 ~ :r. + n Linda Ratliff, Director Economic Development Department -2- 47' f X41 ~~4~~'11111t;'llj~., tl ~l~al&~~E~L~:4 {.~`a t_'1~~11-~'il~~,f {~~y~ii;~ f~4i~. _ 1. a ~ ~.I~ 11 , ~ ~ , ~ ~ ~ ~ ~ 1 i~~: 1 I~ I ~~:~~'1 ~ ~`~i~~ ~ T ~ ~ T - T I'~~~~ ~ ~ Lr 1:~,1~~~ t~ _ _ ,~~~w ~~~-€I-% ~_)~~'~~.o4~_~J ~`~~~~_~~r1~ 'I~ ~._'~_~~~Ii~~~~_.,~~(_'~~ I~1~~~~~.~.II1~.~ F:.~Y,Cr~!~~~~1~~~I(~` ~.~~~~T~'Lt_~~~1~~~1~~~]~~ .~IZ~1~~;1~~~L~~; ~~1T~ ~~"~~._~~~`1t~II~~~ ~~~~~~;~L~.'~~~I~~-I-: ~~~~.~..I~"~~ ~_'i~~~ (:['it~~~ ~,~1` C~~~~t~~1~ ~i~Y~17~t~ i~ ~l~ tl~~~ ~~~.~1~~~~~~° il~~~~r~~~~ ~l-~ ~r~~ I~.~~.~Il~~r~~~~.1 ~.1~~~~ ~~t~x~~~i~~ ~.~i~t~~- i~~~~~ ~~~1~~~~~~~~~~t~~t ~~-~t~~~~ t~~~~~~ ~~~~~~t~~~~ ~~~l~fa~~~~~~1~~~ ~~f~ ~~"~~1~~~1~1~~~~~ 1~~~~ tl~~.~ ~~~~1~~~+;~~~ ~~l-~~r~i~~li~~ l~r~~~;r~~~~i t~~ ~~r~~~~~~~~~~~~ ~'~.°~~11~.~111I~~" ~~~}~~~~~?~_~r~~~~~~t w.: TI-It;~ (='C~l_~~:`I-L ~I~`~ ~~':I-1~~~ ~,~~~.~`~J ~-t"~~1~ ~~~~:~T`~F ~~~T~~l~:i~~: ~T~~~~ fl~~~l~ tl~~l~ t~~~~ ~~,~r~~l~~a~t l_~~~~~~:~~~ t~~~. ~~i~~~T ~~~~~~~r~~~~l~ ~~~~~1 t~~~: ~:~~J~~t~~l~ ~.;"~~~l~~~l~~1r t~-'~~n7~~~~11-~~~ ~~.yt-~ ~Y~ ~~E~i~~ ~~~t~~~~~~i~~~11 <-~lr~~' ~~~~1~1i~~ ~~>~~~~~t~~~~ ~ll~~i i~ il~ ~l~l~~ ~~~~~~lz il~t~l-~~t, r`~~_,-~ I~~i~T n1:51~~~ y~'.~F7`~~'~~~~.~~~t ~~~:t~~~~~~yl~ ~1~~~ ~._:`ii~ ~~i` ~~~~'I~tt~~ ~ll~l~~ t~~~~ I~~~11~=~11 ~~`1~~:~~~~~~~~- ~7 ~.~tt~~~l~~~ 17~~~~~~~~ ~~~~1~~~ cl ~~~-11~t l~~yl.~°~~~~ a-~~f~r-~~~~r~~~:~ ~~1~~y ~ 1~~:~~~~~~~, ~1~~~_~~~~~~~F~~~, .,~ry~~ f~~~~~~~w~. alp ~1~~~~1~~~~:s. t~~~,11~[~~~T~~r t-~r~~ l~ ~~~r~..l_-~~~ ~~~~~l~~r~~l~~.~.~ ~~~:~~t~: t1~ ~.~z~~~~lt ~ Its ~~1' c1~~~~~~~~ 'l~l~~ ~ lt~~ ~it~~~~~~~~ l~; ]~~~~~1~~ d~~.~~11c~~~~~~~~ t~~ ~~~lrl~~ ~ s 3 ~ ~ ~ I F ~ ~ r ~ s ~ tl~~ ~,,~t~~~'~ ~~~,~~1~~~ ~1~~~~ ~~l.ltl~.~ ~~~~~:~~r ~i~~ ;~r~~.l~~~:rl~ 1~~~:1~~~~a~~~ ~7t~~1~~~~~~~~ltl~~~~ t~~►1; tl~~ ~~~~~~.l~~~i~~:ll-~~ ~~f4 ~,~~~.ry ls~~~~~ ~~~~~r~ ~.r~~~~all~~~ ~1~~1~~ 1~~~~~~~l~l~y ~:~tryk~~~:~~i~~~# ~~~~'t~~~~~r- 1, ~(~4~~~~ ~~~~r~r~ ~t~ ~~1~~~ ~1~~~~1-~~~~~~~. s~ ~ f, \ ~ J,.. ~ JL,. ~ ^ ~ 4 ice/ :1 .1 H~,~w l ~ n. L.✓ ~ ~.Y~ ~~e 1LI i~~ L~ ~.r. T ~ fj~~'C~(~~r~.r~ Aye ~,~A-~ ~--~r~:~ ,r ~~'F,  r., ~ r . , ~,r.~~ 4 s:lour dacuments~COnt~cts1091~~Q9-1~ economic dev prog agr.doc E~N~IVHC DEVEL~PN~ENT PR[]RAiVi AREEII►H1NT ~ETwEEI~ THE I~f ~ DNTN ~ THE SENT ER ~ C~1VIlIRE This Agreement is made between the City of Denton; ~'eas, ~;`its"~ and the Denton Chamber of Commerce ~"Chamber"~ fur the purpose of providing for a program to promote ecanona~c development through the point effort of the parties hereto, who in consideration of their mutual. promises, agree as follows: Chamber (ice of Ecano~c evelop~e~t ~"~~ce"~. Dining the term of this Agreement, the Chamber shall maintain an Office of Eeonoruic Development managed by the vice president of Economic Develapn~ent, who shah perform the duties of the u~ice, ~utie~ of the ce. ~`he Chamber of Commerce sha11: a~ Develop and maintain positive relationships with fey economic devclopinent allies, including but not limited to, private sector investors, the Governor's office of Ecanoinic Development, greater Dallas Chamber of Commerce, and national, regional and local real estate brokers and hand developers. b. Maintain ~nembersh~p and involvement in econarnic development organizations, such a the fnterntional Economic Development Council d texas Econun~ic Development Council, c, Develop and produce marketing materials to promote Benton, including but not limited tu, placement of advertising in trade publications, and ~ development and maintenance of websites ~DentonED.con~, Dentonites,com and DentanMD,org}. d~ Recruit prospective businesses through attendance at target market trade shawl and events. e. serve as pornt of contact for businesses interested in lolcat~ng rn Denton. f. work closer with the City of Denton Gffice o~ Economic Development in the deve~opn~ent of programs and policies.  i I s;lour document~lcontr~cts1~~12009-1~ economic dev piog a~r:doc APPOV~~ A T~ LEGAL F~~: A►NITA ~UC~~ QTY ATT~I~NE~Y ~Y; ~ENT~ CAMBER CDR Page 4 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 25 of the Code of Ordinances by amending Section 25-158 to add the City of Denton Parks and Recreation Department as seller; amending Section 25-159 to add payments to be made prior to interment; amending Section 25-160 to add a late fee for failing to obtain a permit prior to burial and to specify on permit location of grave site; amending Section 25-161 to add a late fee for failing to obtain a permit before erecting monuments or tombstones or performing concrete work in the City cemeteries; amending Section 25-164 to clarify monument specification, add authority to inspect and remove monuments not in compliance and require the placement of temporary grave markers prior to monument placing; amending Section 25-165 to clarify direction of lettering on monuments; amending Section 25-166 to clarify direction of lettering on monuments; amending Section 25-168 to require removal of arrangements within 72 hours of placement, authority to remove wilted or unsightly flowers, to require flowers to be affixed to mounted containers, to specify approved containers and to provide authority to remove memorabilia not placed in affixed containers; amending Section 25-171 titled removing flowers to add removal of flowers for cemetery development or maintenance; providing for a severability clause; amending Section 25-172 to change the title from City health officer to County medical director; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 4-0. BACKGROUND This Ordinance makes changes to the provisions outlined in Article III of Chapter 25 regarding I.O.O.F. and Oakwood cemeteries. Specifically the provisions are amended as follows: • Amending Section 25-158 Platting and Sale of Lots or Blocks to add the City of Denton Parks and Recreation Department as seller; • Amending Section 25-159 Payment for Lots or Blocks Required Prior to Interment to add payments to be made prior to interment; • Amending Section 25-160 Interments to add a late fee for failing to obtain a permit prior to burial and to specify on permit location of grave site; • Amending Section 25-161 Concrete Work to add a late fee for failing to obtain a permit before erecting monuments or tombstones or performing concrete work in the City cemeteries; • Amending Section 25-164 Monuments, Markers and Tombstones to clarify monument specification, add authority to inspect and remove monuments not in compliance and require the placement of temporary grave markers prior to monument placing; • Amending Section 25-165 Lettering on Monuments in Oakwood Cemetery to clarify Direction of lettering on monuments; Amending Section 25-166 Lettering on Monuments in I.O.O.F Cemetery to clarify direction of lettering on monuments; Amending Section 25-168 Placement of Objects in Cemetery, Including Floral Designs and Greenery to require removal of arrangements within 72 hours of placement, authority to remove wilted or unsightly flowers, to require flowers to be affixed to mounted containers, to specify approved containers and to provide authority to remove memorabilia not placed in affixed containers; • Amending Section 25-171 Removing Flowers to add removal of flowers for cemetery development or maintenance; • Amending Section 25-172 Opening Graves to change the title from city health officer to county medical director. OPTIONS Council options include the approval or denial of the ordinance as submitted. Council may also opt to modify the provisions to include additional or modified requirements. RECOMMENDATION Staff recommends approval of this ordinance. ESTIMATED SCHEDULE OF PROJECT If approved, the changes to provisions will be effective October 1, 2009. PRIOR ACTION/REVIEW These provisions have been previously reviewed as part of the budget review process. The Parks, Recreation and Beautification Board recommend approval with a vote of 4-0. FISCAL INFORMATION These provisions will not generate General Fund revenue. EXHIBITS 1. Ordinance 2. September 14, 2009 Park, Recreation and Beautification Board Meeting Minutes Respectfully submitted: Emerson Vorel, Director Parks and Recreation Prepared by: Amanda Green, Superintendent Parks and Recreation s:lo~r docutnent5lorinar~ce~1~91~ard cernetety ordinance chapter 25 provisions.d~c ORDINANCE ~~~9- AN ORDINANCE OF THE CITY OF DENTON, TEAS AMENDING CHAPTER 25 OF THE CODF OF ORDINANCES BY AMENDING ECTYON ~5-158 TO ADD THE CITY OF DENTON PARIS .AND RECREATION DEPARTMENT ~ SELLER; A.MEND7NC~ SECTION 25-159 TO ADD PAYMENTS TO BE MADE PRIOR TO INTERMENT; A.MEI~DING SECTION Z5-1 ~4 TO ADD A LATE FEE FOR FAILING TO OBTAIN A PERMIT PRIOR TO BURIAL AND TO SPECIFY ~ PERMIT LOCATION OF RASE SITS; AMENDING SECTION ~5-1~1 TO ADD A LATE FEE FOR FAYLYNr TO OBTAIN A PERMIT BEFORE ERECTING MONUMENTS OR TOMBSTONES OR PERFORMING CONCRETE CORK IN THE CITY CEMETERIES; AMENDINCr SECTION ~5-1 ~4 TO CLARIFY MONUMENT SPECIFiCATION7 ADD AUTHORITY TO E~SPECT AND REMOTE MONUIVIENT NOT IN COMPLIANCE AND REQUIRE THE PLACEMENT OF TEMPORARY BRAVE MARKERS PRIOR TO MONUMENT PLACING; AMENDINCr SECTION 25-1 G5 TO CLARIFY DIRECTION OF LETTERING ON XOMJMENTS; AMENDXNC~ SECTION ~-1~ TO CLARIFY DIRECTION OF LETTERING MONUMENTS; AMENDING SECTION ~5-1 ~8 TO REQUIRE REMOVAL OF ARRANGEMENTS WITHIN 72 HOURS OF PLACEMENT, AUTHORITY TO REMO'~E SILTED OR UNSICrI~TLY FLOWERS, TO REQUIRE FLOWERS TO BE AFFIXED TO MOUNTED CONTAINERS, TO SPECIFY APPROVED CONTAINERS AND TO PROVIDE AUTHORITY TO REMOVE 1VIEORABILIA NOT PLACED ~ AFFIXED CONTAINERS; AMEl~D1NG SECTION ~5-171 TITLED REMOVING FLOWERS TO ADD REMOVAL OF FLOWERS FOR CEMETERY DE~TELOPENT OR MAINTENANCE; PROVIDING FOR . EERA~ILITY CLAUSE; AIVIENDING SECTION 25~ 17~ TO CHANCE THE TITLE FROM CITY HEALTH OFFICER TO COUNTY MEDICAL DIRECTOR; PROVIDINCr FOR. A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED X500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 2.5 "Streets, Sidewalks, and Public Places" of the Code of Ordinances of Denton, Texas is hereby amended by amending Section ~5-15S~b} to read as f~llos: sec, 25-155. Rl~tt~n end sa~Ie of lots or blocks. fib} ~'~~e o~ ~o~s o~ ~~ocs. Such lots and blocks sha11 be sold far cash by the pity of Denton Parks and Recreation Department ~.t process established by the City Council and on file in the office of . the city secretary. SECTION 2. Chapter "Streets, ide~valks, and Public Places" of the Code of Ordinances ofDenton, Texas is hereby amended by amending Section ~~-159 to read as follows: Sec, 25-159. Payment for lots or ~~ocks required prior to interment. No interment in the c~.etery shall be made on any dot ar black unless the payments have been made ~rlar to the Parks and Recreation Director. Code 19~~ ~  i S:l~ur Doc~me~tslQrdi~ancesk091PA,~D Ce~~tery ~rdi~ance Chapter 25 pravisi~ns.doc ~TI~N 3. chapter 25 "Street, Sidewalks, and Public Places" of the fade of ~]rdinances of Denton Teas i hereby amended by arr~ending Section 2~-lea ~a and b} to read as follows. Sec, ~~-loo, Interments, ~a} Per~nr'~s. An application foz burial must be filed with the Director of Parks and Recreation and a special pert~it in writing shall be obtained for all interments. A fee established by the city council and an f~1e in the office of the city secretary shall be paid far each permit issued under the terms of this section. Any permit obtained after the burial shall be assessed a late fee as established by the city council and on file in the office of the city secretary. ~b~ .~oc~~o~ of ~at~. then an interment i to be made, the owner of the but or his agent shall locate the site of the grave Eby ~locl~, Section and Grave t ~al~woo, or Division, ~lacl~, Grave at I~~F} on the plat book in the office of the Parks and Recreation department at 321 E. c~inney Street, and the city shall not be responsible far errors in location. S~T~~N 4. chapter 2 "Streets, Sidewalks, anal Public Places" of the fade of ordinances of Denton, Texas i~ hereby amended by amending Section 1 ~ 1 ~a and b} to read as follows: ~ . Sec, 5-1~1, concrete work, ~a} e~i~ r~q~ired Prior to performing any work, a person desiring to erect monuments or tarrzbstanes ar perform concrete work in the city cemeteries shall fiat obtain a written permit from the Director of Parks and Recreation, and shall meet with an agent of the city to locate the grverte where the stone is being constructed. The person performing the work must comply with ail rules, specifications and reg1reent~ ofthe city in regard to such cemeteries, fib} ~'ee. ~ fee as established by the city council and an file ~in the office of the city secretary shall be paid far each permit issued under the terms of this section. any permit obtained after the manurnent or tombstone has been erected or the concrete work has been done shall be assessed a late fee as established by the city council and on file ~n the office of the city secretary. S~~TION chapter 25 "Streets, Sidewalks, and Public Places" of the bode of Grdinances of Denton, Texas ~s hereby amended by amending Section ~-1 to include ~a-e} to read as fol~aws: Sec. ~5-1~4. onr~ments, markers and tombstones. ~a~ A~~~a~i~y ~o ins~e~~ The city sha11 have the right to inspect all men~arials before the same are placed on the foundations thereof, and nay refine the placing of any memorial an such foundation if the agent of the pity of Denton finds that such memorial is not in compliance with any of the provisions of this section or that the warkrrianship has not been lane i~. a skillful, work.anlil~e manner. fib} es~onsibi~i~y. Dealers or contractors who erect, install, construct or deliver memorials within the cemetery shall be responsible far the compliance with the provisions of this section and specifcatians. Page 2 of  i :1Qur Docume~~slCtdinances1091PAR.D Cemetery Qrdina~ce C~a~ter 2~ pr~visior~s.doc {c~ ~ u~~ari~y ~a req~ci~e rova~ a~l~~ re~~ace~en~ The city shall have the authority to require removal and replacement of any memorial which is erected, installed, damaged or constructed in, a manner that is not in compliance with any of the provisions of this section or that the ~varknlanslup has not been done in ~ skillful, workmanlike manner. ~d} T~~nporar~ gave a~ke~. At the time of interment a temporary grave marker must be placed. The marker should include the name, date of birth and date of death of the deceased, and the name of the funeral home. Within one year of interment the temporary marker must be replaced v~ith a permanent monument in compliance with ail the provisions of this section. {e~ S~ec~ ~ca~ions. manun~ents and tombstones shall be set in concrete on afour-inch-thick concrete foundation which shall extend three ~3~ inches beyond all sides of grave markers, fade 19~, ~ 6-7~c}~. i. Nlonun~ents can be upright I marker per grave not to exceed 4~ inches in width for a single lot and not to exceed inches 1n width far a double lot. ii, All ~nanuments and markers at the head of a space shall consist of granite or marble except in those instances when existing monuments on spaces are being matched or duplicated. All markers must be centered on the end of the gravesite and 1n line '~1th exl~t~ng markers. iii. No foot markers allowed except far veteran rr~arkers, SLCTI~N G. chapter ~5 "Streets, Sidewalks, and Public Paces" of the Qde of Ordinances of Denton, Texas is hereby amended by amending Section ~-1 ~5 to read. as follows: dec. 25-1~5. IJettering on monu~nen~ts ~n al~wavd 'e~.etery, All lettering on tan~bstones or .onuments in the Oakwood cemetery shall be on the east side of such monuments or tombstones in spaces one { 1 }through five ~5} in any block and shall be on the west sides of such monuments ar tombstones in spaces six ~6~ through ten { 1 in any block. {fade 19G6, ~ ~-~~d)~ ~CTIDN 7. chapter 25 "Streets., Sidewalks, and Public Places" of the bode of ordinances of Denton, Texas is hereby amended by amending Section ~5-I to read as follows: Sec. ~-1, I~etterln~ on monr~ment Yn I.U.~.F. cemetery, All lettering on tombstones or monuments in the I.~.~.F. ~ernetery shall be on the east side of such monuments in spaces one { I } through five in any block and shall be on the crest sides of such manu~nents or tonr~bstones in spaces six {b~ through ten {1~~ in any block. {bode 19G6, ~ ~{e~~ ETIDN~ chapter ~5 "Streets, Sidev~alks, and Public Places" of~ the bode of ordinances of Denton, Texas is hereby amended by amending Section ~-1 $ to include {a-e~ to read as fallo~vs: sec, ~~-~68. Placement of objects rn cemetery, ~~crnd~ng f~ora~ de~ig~ns and reeve, {a} ene~a~, o abject of any kind may be placed on graves or other cemetery property, except as specifcal~y provided herein. . Pale 3 of ~  i S;lOur DQCUmentsl~rdinances1~91PARD Cem~ter~ Ordinance hater 25 pravisians.doc i fib} '~es~~wers. Fresh flowers, floral pieces or funeral designs placed at gravesite at interment will be re~naved when they become wilted or unsightly a~t the discretion of Parks staff. Items desired to be retained must be removed within seventy-two ~7~} hours after placement on the lot ar grave, ~c~ C'on~ainer~. ~p to two individual containers of fresh or artificial flowers maybe placed or affixed on each space, provided that the affixed flowers are only placed ~n containers approved by the city consisting of granite, marble, concrete, metal or heavy plastic. i.} Fresh or artificial towers placed directly in the ground will be removed by Parks Staff. 11.~ All flowers and othex rnem:arabll~a must be placed 1n the affixed containers, on or immediately next to the monument an its concrete base, or if there is no monument at the head of the grave not to exceed I square fact. Fresh ~.owers will be rerrioved when they becorrYe wilted or unsightly. ~d } ~~e~~a~ ~rra~gee~t~, ~a wreathes, easels, grave blankets, or other special arrangement shall be permitted. on graves except during Interment and the fist seven ~7~ days thereafter. Vie} ~~a~~i~ No person shall plant any trees, flowers or shrubs on any lot without the written consent ofthe Director of Parks and Recreation. bode I~~~, ~-7~g}~ SET~~I~ 9. chapter ~ "Streets, Sidewalks, and Public Places" of the bode of Ordinances ofDenton, Texas is hereby amended by amending Section -I71 to read as fallows~ Sec. Z~-1~1. Removing f~o~vers. It is unlawful far any person other than the owner to remove flowers or plants from any lot or block in the city cemeteries; provided, however, the Director of Parks and recreation may remove or destroy any fYowers, trees, shrubs ar other plants 1n the cemeteries 1f, in his ~udgrnent, such are or may became detrimental to the adjacent lots or avenues or dangerous ar inconvenient or which lnay interfere with the scheme of the cemetery development or maintenance, bode 19G~, § SF~TI~N 1 a. chapter ~5 "Streets, Sidewalks, and Public Places" of the bode of ordinances of Denton, Texas is hereby amended by amending Section ~5-17 to read as follows: Sec. ~-17~. opening of graves. No grave, vault or tomb of any person buried in any city cemetery shall be opened, except upon special written order from the Jaunty Medical Director, ~~ode 19~, ~ ~-S} SETIDN 11. If any section, subsection, paragraph., sentence, clause, phrases 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 effect the validity of the remaining portions of this ordinance, and the pity auncil of the City of Denton, Texas hereby declares it would have enacted such ren~alning portions despite any lnvalld~ty. ~Tf ~N 12. Save and except as amended hereby, all the provision, sections, subsections paragraphs, sentences, clauses, and phrases of the bode of ordinances shall remain in full force and effect. Page 4 of 5  i S:~Dr~r I~~cumentsl~r~inances1091PARD Cemetery Or~~nance C~tapter 2,5 provisions.~~c S~TI~N 1 Any person found guilty of violating this ardinanco by ~ coin. of competent ~urlsdretion shall be fined a sum not to exceed eve hundred dollars ~$~4} per day. ~aCh day that provision of this 0~'dlnanCe 1~ v10~~ted Sha~1 GDnStltllte ~ epar~t~ offense. STI~~ 14. This ordinance providing for a penalty shalt become effective fourteen ~14~ days from the date of its passage, and tie pity Secretary is hereby directed to cause the caption of this ordinance to be published tv~ice in the Denton Record-chronicle, the off~eial newspaper of the pity of Denton, Teas, within ten ~ 1 days of the date of its passage. ~AS~D ADD .AppQVED this the day of , ~aa9. i MARK A. B~JRR~~~x~S, ATTEST. ~ENN1~~R "A1~TERS, CITY ERETAY B~: APPROVED A T~ LEGAL FORM; AN1TA BURIES , CITY ATTORNEY BY: Pale 5 of 5  i 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 September 14, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages 8 Members absent: Allyson Coe, Derrick Murray, Janet Shelton 9 Staff present: Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary 10 Aukerman 11 12 With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m. 13 14 AWARDS AND RECOGNITIONS: Emerson presented outgoing Board members, Reggie Heard and Ross 15 Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for 16 their years of service. 17 18 APPROVAL OF MINUTES OF August 3, 2009 MEETING: Emerson asked for any corrections or 19 amendments to the minutes. Hearing none the minutes stand approved as written. 20 21 ACTION ITEMS: 22 Emerson asked for a motion to amend the agenda by moving "ACTION ITEM f ' to the first action item, and 23 adjusting the other items down one. Mike made the motion to move "Action Item f' to be the first item 24 considered, Carol seconded the motion and the agenda was amended. 25 26 ~ Donation of Rob Erdle Paintings - Jo Williams, Chair of the Public Art Committee, presented to the Park 27 Board the two watercolor paintings being donated by Rob Erdle's wife, Millie Giles. The two paintings will 28 need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250 29 for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting 3 0 purchased for the South Branch Library. 31 32 MOTION: Jennifer made a motion to recommend to City Council the approval of the Public Art Committee's 3 3 recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol 3 4 seconded the motion and it passed with a vote of 4-0. . 35 36 a) Alcohol Ordinance Revision -Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of 3 7 Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the 3 8 park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of 3 9 alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his 40 designee, which has historically been the Director of that particular department. The revised ordinance also 41 removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect 42 the Woman's Building, which is leased from the City and not considered a City building. 43 44 MOTION: Mike made a motion to make a recommendation to City Council to approve the revised 45 ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the 46 Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic 47 beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0. 48 49 b) Cemetery Ordinance Revision -Two ordinances amending Chapter 25 of the Code of Ordinances of the 50 City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will 51 address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee 52 for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The September 14, 2009 Page 1 of 3 1 second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in 2 the cemetery, including floral designs and greenery and the removal of such. 3 4 MOTION: Emerson asked for a motion recommending to City Council the approval of the ordinance 5 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial 6 plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the 7 motion and it passed with a vote of 4-0. 8 9 Emerson then asked that a motion be made recommending to City Council the approval of the ordinance 10 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for 11 grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the 12 changes be accepted; Mike seconded the motion and it passed with a vote of 4-0. 13 14 c) Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer 15 Interceptor I Line Easement -This sanitary sewer line will actually replace an existing line. Work should 16 be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will 17 be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is 18 displaced will be returned to the condition in which it was found. 19 20 MOTION: Jennifer made a motion to recommend to City Council the approval of the ordinance granting 21 approval of asub-surface use of a portion of Carl Gene Young, Sr. and Woodrow Lane Parks for the 22 purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code, 23 providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0 24 25 d) Public Art for City Hall East -The Public Art Committee recommends the purchase of three black and 26 white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is 27 $3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal 28 Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come 29 from 2009 Public Art Hot Funds. 30 31 MOTION: Carol made a motion to recommend to City Council the approval of the Public Art Committee's 32 recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron's photographs; 3 3 Jennifer seconded the motion and it passed with a vote of 4-0. 34 3 5 e) Donation of Public Art by Bert and Missy Finger -The Public Art Committee recommends the 36 acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x 37 8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to 3 8 Carlotta Corpron. The Fingers own Photographs Please Don't Bend Gallery, from which we are purchasing 39 Ms. Corpron's photographs. The donated photographs are valued at $2,800 each. 40 41 MOTION: Mike made a motion to recommend to City Council the approval of the Public Art Committee's 42 recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and 43 it passed with a vote of 4-0. 44 45 g) Denton Festival Foundation, Inc.'s Donation of Oh Be Joyful Sculptures -The Public Art Committee 46 recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The 47 sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden 48 area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South 49 Branch Library. 50 51 MOTION: Carol made a motion to recommend to City Council the approval the Public Art Committee's 52 recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be 53 Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0. 54 September 14, 2009 Page 2 of 3 1 DISCUSSION ITEMS: 2 a) Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification 3 Board - As several new board members were missing at his missing, this item will be deferred to the next 4 meeting of this Board. 5 6 Before moving on to the Parks Project Status Report, Emerson asked the Parks and Recreation Department 7 attendees to introduce themselves. 8 9 PARKS PROJECT STATUS REPORT 10 Avondale Park Lighting and Landscape Improvements -The poles are up but the cost of the lights 11 warranted they go out to bid. 12 13 Denton Branch Rail Trail Bridges Project -This project will have a separate bridge which is not part of the 14 commuter bridge that will go over Loop 288. 15 16 Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge -Neighborhood 17 meetings will take place to gather citizen input. 18 19 North Lakes Adult Soccer Field Development Project -Jacobs Engineering Group is designing this project. 20 21 Senior Center Renovation and Expansion Project -The Senior Center operations have moved into the new 22 addition. They are now going through asbestos abatement in the main part of the building. The project is now 23 on schedule. 24 25 Unicorn Lake Trail and Landscape Project -The bridge is set, the trail is finished; the landscaping needs to 26 be completed. 27 28 KEEP DENTON BEAUTIFUL UPDATE 29 Aimee explained that KDB is a 501 c3 non-profit organization. The City of Denton pays the salaries of the three 30 employees; the remainder is under the control of the non-profit though the Board of Directors. 31 3 2 An offer had been made to fill the vacant Volunteer Coordinator position. 33 34 Their next events will be the Steam Clean on October 3rd at the Civic Center and the Tree GiveAway on October 3 5 24th. This year the Tree GiveAway will be 100% pre-registration. 36 3 7 They are working on a new Strategic Plan as their current one ends this year. 38 39 PUBLIC ART COMMITTEE MEETING MINUTES 40 The majority of items were Action Items, so no additional comments were expressed. 41 42 With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion 43 and the meeting was adjourned at 7:23 p.m. September 14, 2009 Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of an Ordinance amending Ordinance number 2003-268 of the Code of Ordinances of the City of Denton, Texas, relating to City of Denton fees to be charged at I.O.O.F and Oakwood cemeteries by adopting the Schedule of Fees; repealing all fees in conflict with such schedule; repealing Ordinance No. 2003-268 and all Ordinances in conflict with the Schedule of Fees; and providing an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of 4-0. BACKGROUND This Ordinance makes changes to the fees charged at City of Denton cemeteries that are included in the proposed FY 2009-10 Budget. Specifically, fees are adjusted as follows: • Sale of Adult Lot, I.O.O.F. New Section, Section Z $600. • Sale of Infant Lot, 2'X2', I.O.O.F. New Section, Section Z $250. • Sale of Ashes Lot, I.O.O.F New Section, Section Z $100. • Late Fee for Concrete Work Permit $500. • Late Fee for Interment Permit $500. OPTIONS Council options include the approval or denial of the ordinance as submitted. Council may also opt to modify the fees to include additional or modified requirements. RECOMMENDATION Staff recommends approval of this ordinance. ESTIMATED SCHEDULE OF PROJECT If approved, the changes to fees will be effective October 1, 2009. PRIOR ACTION/REVIEW These increases have been previously reviewed as part of the budget review process. The Parks, Recreation and Beautification Board recommend approval with a vote of 4-0. FISCAL INFORMATION The increases will generate $20,000 in additional revenue to offset General Fund operating expenses. EXHIBITS 1. Ordinance 2. September 14, 2009 Park, Recreation and Beautification Board Meeting Minutes Respectfully submitted: Emerson Vorel, Director Parks and Recreation Prepared by: Amanda Green, Superintendent Parks and Recreation l~~oda~~depar#rr~ents~le~~~~~r ~oc~mer~ts~ordir~~nces~~~~pard cem~~ery fee ordinance.d~c ~RDINANE N~. A.N ~RDiNANE AENDIN ORDINANCE N~JII~BER ~~~-~~8 ~F THE ~~D QF ~DINANCE ~F TIDE CITY ~F DENTIN, TEA, RELATINCx T CITY ~F ~ENT~N FEES TQ BE CHARGED AT ~.~r 1J.F AND ~AK~DD E1I~ETE~IE A~~P ,L INr ~'HE CFIEDLE ~F FEES; ~EPEALINC ALL FEES IN CONFLICT KITH SUCH ~~I~E~C~LE; REPEALING ORDINANCE N~, 20o-~S ANI] ALL RDINANCE IN CONFLICT ITI~ TIDE CFIEDC~LE ~F FEES; AND PR~~IDINC~ AN EFFECT~~E DATE. HEI~EA, Article ~r~ of Chapter of the Code of ordinances of the City of Denton authari~es the City Council to establish oer~ain fees charged at City ofDenton cemeteries; and ~EREAS, the City ounci~ fin that the fees established b this ~rdrnanee are reasonable and in the pub~~c interest; N~, TFIEREF~RE, TIDE COUNCIL ~F THE CITY GF DENTIN I~EREB~ GRDAIN: SECTION l , The f r~~ins and recitatio~.s contained ~n the Preamb~o of thr~ ord~nan~e are incorporated herein by reference. _ SECTION ~1 The City council hereby establishes the fol~ow~n fees to be charged at City ofDenton ~.D.D.F. and Oakwood cemeteries. 44 i e V 1 ~ ~ t 13 Y t~ I~ Y F N e * T ~ Y t F V L i{ e V t 1~ n i r*, 1•! r•!•{• r.!., 1•!! r• i i F!.!•! i i r 1.~~ V Y Of E~~Stln Lots at I~~F ~al~~0odlrrr r••r•••••rr+,F,,,,,~•r•rr...r„•~••••r r..~r, ~,•~••I~o al e Y ~ ~ n i ai It L Y t Y i~ ~ ~ ~ • ~ ~ F N e f , ~ ~ n i e Y t i V ~ ~ ! r • • • • r . r 1 r , . ! , • • ~ • r • • . , . , , . , , r • ~ ' ~f EX~st1n ant lots ~V~1 VL+ ~VY~V4F1•....•!!••r•a.,~rrr•••r.rr*!!••r••IY.~I~ Sale ofAshes Lot at I~OF, Ne•R e~t1Vn} e~~~V~ ~•••r...t.lr••••r•rl.,rr,•!a••aar...,r!!••k~~V~ Interment Permit ..,..,,.,.rr.r.,,r,~••..rr...,.,,,.,r...Irr...,,,,aa•rrr.rr,,,•••rlrr....,,,.,.•••a•...„r•,~••1•a4~~~ Concrete ■F ~ril P~1~ r...f~••!••aa••.....!!•••1••r••....1~•!~•••r4.,.1.••~riy i...,.•~•••a•r ..,.••x,•1••....1 V Late Fee ConC~~te ►T Perni~t r•!r••aarrr..,.rl~•••aa.r.,,•!~••~aa..,r•, ••~••r ar....l,~••~a•r •...4~~~V Late Fee f SOo VL in 4eriliellt PYl ilJlt Y~~Y~1••••a~a YYYl„!!r••~•~~►!~•r•a••rY,r••!~•a a••f, r!!r••••1•r...,r•!••a ••r SECTION 3. This ordinance shall become effective immediately upon tts passage and . approval) PASSED A.ND APPROVED this the day of- _ , 2~D9. ~AR~ A. ~~JR1~U~, MA~Y~R  i ATTEST, ~J~~NIF~ ALT~~S, QTY SER~T~.~ APPROVED A T~ LEA.L F~R11~: A~~1~TA ~[~RES, QTY ~.TTORNEY 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 September 14, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages 8 Members absent: Allyson Coe, Derrick Murray, Janet Shelton 9 Staff present: Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary 10 Aukerman 11 12 With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m. 13 14 AWARDS AND RECOGNITIONS: Emerson presented outgoing Board members, Reggie Heard and Ross 15 Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for 16 their years of service. 17 18 APPROVAL OF MINUTES OF August 3, 2009 MEETING: Emerson asked for any corrections or 19 amendments to the minutes. Hearing none the minutes stand approved as written. 20 21 ACTION ITEMS: 22 Emerson asked for a motion to amend the agenda by moving "ACTION ITEM f ' to the first action item, and 23 adjusting the other items down one. Mike made the motion to move "Action Item f' to be the first item 24 considered, Carol seconded the motion and the agenda was amended. 25 26 ~ Donation of Rob Erdle Paintings - Jo Williams, Chair of the Public Art Committee, presented to the Park 27 Board the two watercolor paintings being donated by Rob Erdle's wife, Millie Giles. The two paintings will 28 need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250 29 for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting 3 0 purchased for the South Branch Library. 31 32 MOTION: Jennifer made a motion to recommend to City Council the approval of the Public Art Committee's 3 3 recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol 3 4 seconded the motion and it passed with a vote of 4-0. . 35 36 a) Alcohol Ordinance Revision -Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of 3 7 Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the 3 8 park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of 3 9 alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his 40 designee, which has historically been the Director of that particular department. The revised ordinance also 41 removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect 42 the Woman's Building, which is leased from the City and not considered a City building. 43 44 MOTION: Mike made a motion to make a recommendation to City Council to approve the revised 45 ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the 46 Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic 47 beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0. 48 49 b) Cemetery Ordinance Revision -Two ordinances amending Chapter 25 of the Code of Ordinances of the 50 City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will 51 address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee 52 for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The September 14, 2009 Page 1 of 3 1 second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in 2 the cemetery, including floral designs and greenery and the removal of such. 3 4 MOTION: Emerson asked for a motion recommending to City Council the approval of the ordinance 5 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial 6 plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the 7 motion and it passed with a vote of 4-0. 8 9 Emerson then asked that a motion be made recommending to City Council the approval of the ordinance 10 amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for 11 grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the 12 changes be accepted; Mike seconded the motion and it passed with a vote of 4-0. 13 14 c) Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer 15 Interceptor I Line Easement -This sanitary sewer line will actually replace an existing line. Work should 16 be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will 17 be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is 18 displaced will be returned to the condition in which it was found. 19 20 MOTION: Jennifer made a motion to recommend to City Council the approval of the ordinance granting 21 approval of asub-surface use of a portion of Carl Gene Young, Sr. and Woodrow Lane Parks for the 22 purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code, 23 providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0 24 25 d) Public Art for City Hall East -The Public Art Committee recommends the purchase of three black and 26 white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is 27 $3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal 28 Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come 29 from 2009 Public Art Hot Funds. 30 31 MOTION: Carol made a motion to recommend to City Council the approval of the Public Art Committee's 32 recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron's photographs; 3 3 Jennifer seconded the motion and it passed with a vote of 4-0. 34 3 5 e) Donation of Public Art by Bert and Missy Finger -The Public Art Committee recommends the 36 acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x 37 8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to 3 8 Carlotta Corpron. The Fingers own Photographs Please Don't Bend Gallery, from which we are purchasing 39 Ms. Corpron's photographs. The donated photographs are valued at $2,800 each. 40 41 MOTION: Mike made a motion to recommend to City Council the approval of the Public Art Committee's 42 recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and 43 it passed with a vote of 4-0. 44 45 g) Denton Festival Foundation, Inc.'s Donation of Oh Be Joyful Sculptures -The Public Art Committee 46 recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The 47 sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden 48 area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South 49 Branch Library. 50 51 MOTION: Carol made a motion to recommend to City Council the approval the Public Art Committee's 52 recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be 53 Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0. 54 September 14, 2009 Page 2 of 3 1 DISCUSSION ITEMS: 2 a) Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification 3 Board - As several new board members were missing at his missing, this item will be deferred to the next 4 meeting of this Board. 5 6 Before moving on to the Parks Project Status Report, Emerson asked the Parks and Recreation Department 7 attendees to introduce themselves. 8 9 PARKS PROJECT STATUS REPORT 10 Avondale Park Lighting and Landscape Improvements -The poles are up but the cost of the lights 11 warranted they go out to bid. 12 13 Denton Branch Rail Trail Bridges Project -This project will have a separate bridge which is not part of the 14 commuter bridge that will go over Loop 288. 15 16 Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge -Neighborhood 17 meetings will take place to gather citizen input. 18 19 North Lakes Adult Soccer Field Development Project -Jacobs Engineering Group is designing this project. 20 21 Senior Center Renovation and Expansion Project -The Senior Center operations have moved into the new 22 addition. They are now going through asbestos abatement in the main part of the building. The project is now 23 on schedule. 24 25 Unicorn Lake Trail and Landscape Project -The bridge is set, the trail is finished; the landscaping needs to 26 be completed. 27 28 KEEP DENTON BEAUTIFUL UPDATE 29 Aimee explained that KDB is a 501 c3 non-profit organization. The City of Denton pays the salaries of the three 30 employees; the remainder is under the control of the non-profit though the Board of Directors. 31 3 2 An offer had been made to fill the vacant Volunteer Coordinator position. 33 34 Their next events will be the Steam Clean on October 3rd at the Civic Center and the Tree GiveAway on October 3 5 24th. This year the Tree GiveAway will be 100% pre-registration. 36 3 7 They are working on a new Strategic Plan as their current one ends this year. 38 39 PUBLIC ART COMMITTEE MEETING MINUTES 40 The majority of items were Action Items, so no additional comments were expressed. 41 42 With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion 43 and the meeting was adjourned at 7:23 p.m. September 14, 2009 Page 3 of 3 AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas terminating that certain Airport Lease dated June 21, 2005 by and between the City of Denton, Texas and NTDenton Leasing, Inc. authorizing the City Attorney or her desgnee to take appropriate legal action to effectuate the termination; and providing an effective date. (Airport Advisory Board recommends termination 6-0). BACKGROUND On June 2 1, 2005, the City Council passed ordinance 2005-169 which approved a ground lease for the Denton Airport lot at 4600 Spartan Drive with NTDenton Leasing, Inc. (NTDenton). The lease required construction of an airplane hangar on a specific schedule. Construction was to commence within 270 days, which date was March 28, 2006. Construction of the approved facility was to be completed within 720 days, which date was June 11, 2007. Over the period of two years and three months since construction was to be completed, NTDenton has sought numerous extensions and variances from City staff to the originally approved construction specifications and completion deadlines. A copy of the development history is attached as Exhibit 4 to this Information Summary. In February 2009, NTDenton committed to a construction schedule with specific milestones that would result in completion of the hangar at 4600 Spartan Drive on the Airport by August 25, 2009 (Exhibit 2). As of September 16, 2009, no additional construction has been performed. On June 18, 2009, NTDenton appealed to City Staff to withdraw the termination notice and committed to provide proof of financing and a revised construction schedule within one week. As of September 16, 2009, no proof of financing has been provided. A letter received by FAX addressed to the Deputy City Attorney on September 15, 2009 was presented by NTDenton leasing as proof of financing for completion of their hangar construction; however, the letter contained no reference to financial capability, it was not on letterhead and the signature was not notarized. The letter fails to conform to specific information requested by staff to evidence financial capability and commitment to complete construction of property improvements required under the NTDenton ground lease. On June 26, 2009, Airport Staff sent a certified letter to NTDenton indicating the lease would be terminated as of July 31, 2009 because of failure to perform as indicated on the termination suspension granted in February, 2009 (attached to Exhibit 1). City policy requires any real estate action to be specifically presented to the City Council for consideration of official action. On July 29, 2009, Airport Staff sent a certified letter to NTDenton to inform them the termination effective July 31, 2009 would be suspended until the City Council considers an ordinance to accept the action (Exhibit 3). Upon final termination of the NTDenton lease for failure to perform the required hangar construction, any improvements that have been made on the lot will immediately become the property of the City of Denton. These improvements consist of a concrete foundation, with plumbing, that was installed in June 2008. 1 RECOMMENDATION The Airport Advisory Board recommended termination of the NTDenton ground lease for failure to perform according to terms and conditions of their lease that require construction of a hangar at 4600 Spartan Drive. (6-0 Vote; Exhibit 5) Staff recommends termination of the agreement based on lack of performance by the leasehold, including failure to provide proof of financial capability and commitment to complete the required improvements on their ground lease. EXHIBITS 1. Ordinance to accept termination of NTDenton Leasing lease of property at 4600 Spartan Drive, Denton Airport (with attached termination letter dated June 26, 2009); 2. Certified letter dated March 2, 2009 sent to NTDenton Leasing to suspend termination of lease pending performance of construction (construction schedule attached); 3. Certified letter dated July 29, 2009 4. NTDenton Leasing correspondence summary; 5. Excerpt from DRAFT minutes of Airport Advisory Board consideration of termination recommendation. Respectfully submitted: Quentin Hix Airport Manager 2 l~codad~~e~artm~nts~legal~our d~c~ments~vrdinances~49~air~ork ntdentan leasing terminatipn,doc DRDINANL N0. _ AN ~~DINANE ~F THE ZT~ OF DENTIN, TEA T~R.~ITNATINC~ THAT ERT.AIN AIRADT LEA,E DATED JUNE ~ 2005 B~ AND BETw'~EN THE QTY ~F DENTIN, TLA~ AND NTDENT~N LEASING, INS.; A[~THORI~rNC~ THE IT ATTORNEY HEM D~INEE TO TAKE APPR~pI~IATE LEGAL ATI~N TD EFETI~ATE THE TI~MINATI~N; AND, PR~vID~N AN E~'FETIVE DATE. wHEI~A, the pity of Denton, Teas the " ~~ity'}} and NTDenton Leasing, Inc. NTDenton Leasing} entered ~nta that certain Ai ort ~ erator Lease A Bement dated June ~ 1 2005 the "Lease Agreement"~ whereby the pity leased to NTDenton Leasing for aviation purposes an approximately 150 feet by I70 feet ox 0.5554 acres of land moxe particularl described ~n the Lease Agreement which ~s Incorporated herern by reference the "Leased Property'}}; and w~HEREAS, pursuant to the Lease Agreement, NTDenton Leasin has the dui and y obligation to construct a hangar facility of not less than 1 ~,~OU square feet with taxiway access and appropriate culverts or drainage ~"Lessee's Improvements}' to be completed not more than 72~ days from June ~ I, 2005, the effective date of the Lease Agreement; and ~~REA, NTDenton Leasin's obligation to complete the Lessee's In~provernent within this time period is material obligation of NTDenton Leasin undex the Lease g Agreement; and wHEEA, on or about July 1, 20D9, the City gave NTDenton Leasing notice ~"Notice"} that 720 days had elapsed without the required Lessee's In~provernents being completed, a .copy of which is attached hereto as Exhibit "A" and ineorpvrated herein by reference; and wHE~EA, despite the July 1, 20D9 Notice, NTDenton Leasing failed or refused to complete the Lessee's In~pravements within the required tirrre; and WHEREAS, the Duty 1, 2009 Native informs NTDenton Leasing that failure to amplete the Lessee's Improvements within the required construction period will result in the termination and cancellation of the Lease Agreement upon 30 days written notice of cancellation to NTDenton Leasing; and wHE~EA, to date, which is over 30 days since the Notice was received by NTDenton Leasing and NTDenton Leasing has failed to complete the construction of the Lessee's Improvements for the Leased Property; and  I l~codad~~e~artments~leal~our documents~ordir~ances~~9~airpart r~td~nton leasing termir~ati~n,~~~ ~EIAS, the pity auncil finds that te~rninatin and cancelling the Lease Agreement in accordance with the Airport Advisory Board's reco~.n~endation mould be in the public interest; NOW, THBRE~'ORE, TI~~ ~~TY OUN~~L OF THP~ CITY OF ~ENTON ~ILRBB~ ORDAIN': ~ET~ON 1. The fl~idings atld recitations contained 117. the preamble of this ordnance axe incorporated herein by reference. SECTION 2. The City council hexeby terminates and cancels the Lease A.green~ent due to nonpelo~nance of a material obligation of NT~entan Leasing under the Lease Agreement. The said terr~.ination is effective upon o days ~rritte~a notice of termination and cancellation to Lessee, The pity Manager or his designee is hereby authorized and directed to give notice of this termination and cancellation #o NTI~entan Leasing. Should legal action be required to effectuate the termination ar~d cancellation of the Lease Agreement andlo~ if it should become necessary to file legal- action to ren~ave NTl~enton Leasing frarn the Leased Property ar to determine the rights and obligations of the parties under the Lease Agreement, the fit Attorne , Y ar her designee, is hereby authorized to file such legal actions on behalf of the fit . y SECTION This ordinance shall become effective immediately upon its passage and approval. PASSED ANA APPROVED this the day of , ~QQ9. MARS A. BI~RROUO~, MAYOR ATTEST: . JENNIFER ALTER, CITY SECRETARY BY~: APPROL~ AS TO LEGAL FORM: ANITA ~URC~ES, CITY .ATTORNEY BY:  i Q i, V . 1 T i ' rt Tl1 L Ii-b of _ r~ E' ~ Denton Air art The North Texas Ai~porf of Choice 5000 AIRPORT RD •DENTON, TEXAS 76207 •(940) 349-7736 •FAX (940) 349-7289 DENTON MUNICIPAL AIRPORT June 26, 2009 Charles Jones NTDenton Leasing, Inc. 6901 Redbud Drive Flower Mound, Teas 75022 Re: Lease Termination Notice: CERTIFIED LETTER NUMBER: 7005 3110 0003 05161988 RETURN RECEIPT REQUESTED Dear Mr. Jones, This letter will confirm that your Commercial Airport Operator Lease Agreement between NTDenton Leasing, Inc. and the City of Denton dated June 21, 2005 for the property identified as 4600 Spartan Drive is terminated effective thirty days following receipt of this notice. This action is in conformance with the provision in Section II, D of said lease which states in part: Notwithstanding anything contained in this Lease Agreement to the contrary, a failure to commence the Lessee's Improvements within the Commencement Period or to complete the Lessee's Improvements within the Construction period may, at the sole option and discretion of the Lessor, result in the immediate termination and cancellation of this Lease Agreement upon 30 days written notice of cancellation to Lessee. In such case Lessee's rights under the Lease Agreement will immediately cease and be forfeited, and all of Lessee's Improvements shall immediately become the property of Lessor at no cost, expense or other compensation paid by Lessor to Lessee; and Lessee shall immediately vacate the Leased Premises. You may contact the Denton Airport Manager if you need additional information regarding this lease _ - _ --termination notice.. _ _ _ _ _ _ 66®~~fir~a~~nl to CJe,~l~ty S~t~ir~~9'  r v.. wv w M ~ wwri p w -M• M M www. cityofdenton. core Lease Termination Notice June 30, 2009 Page 2 Sincerely, Quentin Hix Airport Manager Cc: Mark Nelson, Director of Transportation George Campbell, City Manager Anita Burgess, City Attorney Andrea Sumner, Airport Operations Coordinator March 2, 2009 Charles Jones NTDenton Leasing, Inc. 6901 Redbud Drive Certified Letter No. 70051820 0005 5052 5821 Flower Mound, Texas 75022 RETURN RECEIPT REQUESTED Re: Building Construction Schedule Dear Mr. Jones, This letter will confirm an extension of the lease default notice received by NTDenton Leasing, Inc. on February 5, 2009 via registered letter #7005 3110 0003 05161971. The termination date for the Commercial Airport Operator Lease Agreement between NTDenton Leasing, Inc. and the City of Denton dated June 21, 2005 is extended to August 25, 2009. Each milestone identified in the attached schedule must be achieved unless specific changes are approved by the Airport. Staff will initiate termination procedures immediately upon failure to achieve each milestone on the approved schedule unlessthe milestone date has been previously extended by the aforementioned action. You may contact the Denton Airport Manager if you need additional information regarding this lease termination extension. Sincerely, Quentin Hix Airport Manager Cc: Mark Nelson, Director of Transportation George Campbell, City Manager Anita Burgess, City Attorney Andrea Sumner, Airport Operations Coordinator EXHIBIT 2 ~i I 1 5000 AIRPORT RD •DENTON, TEXAS 76207 •(940)349-773 • DENTON MUNICIPAL AIRPORT July 29, 2009 Charles Jones NTDenton Leasing, Inc. 6901 Redbud Drive Flower Mound, Texas 75022 Re: Lease Termination Extension CERTIFIED LETTER NUMBER-7002 0860 0008 61281298 RETURN RECEIPT REQUESTED Dear Mr. Jones: This letter will confirm an extension of the lease termination notice received by NTDenton Leasing, Inc. on July 1, 2009 via registered letter #7005 3110 0003 05161988. Termination of the Commercial Airport Operator Lease Agreement between NTDenton Leasing, Inc. and the City of Denton dated June 21, 2005 is extended until the City Council acts to accept the termination. The City Council meeting at which this action will be considered is scheduled for September 1, 2009 at 7:00 PM. You may contact the Denton Airport Manager if you need additional information regarding this lease termination extension. Sincerely, Quentin Hix Airport Manager cc: Mark Nelson, Director of Transportation George Campbell, City Manager Anita Burgess, City Attorney Andrea Sumner, Airport Operations Coordinator EXHIBIT 3 "Dedicated fo Qualify Service" www. cifyofdenfon. com  w NTDenton Leasing -Development Correspondence/History September 16, 2009 Date From To Purpose Comments June 21, 2005 n/a n/a Council approved Ordinance 2005-169 granting Prior to approval of this lease agreement, tenant a lease at 4600 Spartan Drive to NTDenton leasing; requested the City to lease a large tract at a Lease terms require commencement of reduced rate or lease credit. The lease credit was construction within 270 days (March 28, 2006)and requested to offset tenant's cost to extend completion ofconstruction within 720 days infrastructure, Airport discontinued that practice (June 11, 2007). prior to 2005. July 25, 2006 Tim Whitman Chuck Jones Certified letter notifying NTDenton leasing to Pulling a permit indicates start of construction. begin construction within 30 days (August 24, 2006) or lease termination would commence, August 15, 2006 Pete Edwards Tim Whitman Letter requesting a 60 day (October 14, 2006) extension to complete building plans. August 22, 2006 Tim Whitman Pete Edwards Letter notifying NTDenton Leasing to complete the Extension of performance period. building permit process within 30 days (September 21, 2006). January 4, 2007 Pete Edwards Tim Whitman Letter requesting 30 day(February 3, 2007) Extension of performance period. extension to provide construction plans changes to accommodate a G2 Aircraft. January 23, 2007 Tim Whitman Chuck Jones Certified letter notifying NTDenton Leasing that their lease payment was 120 days past due; Amount due of $1,806 requested within 10 days (February 2, 2007), September 20, 2007 Tim Whitman Chuck Jones Certified letter notifying NTDenton to begin construction as agreed in a meeting within 30 days (October 20, 2007) of this letter, October 19, 2007 Chuck Jones Tim Whitman Letter indicating building permit had been picked up and erosion control and grading would commence soon. March 6, 2008 Chuck Jones Rodney Patterson E-mail with a form board survey was attached. March 10, 2008 Andrea Bax Chuck Jones Letter acknowledging acceptance of planned Extension of performance period and agreement setback infringement. to field change per plans, April 30, 2008 Chuck Jones Tim Whitman Letter acknowledging that the foundation is ready Foundation was not poured until June 2008 to pour within 3 to 4 weeks (May 28, 2008). September, 2008 Chuck Jones Mark Nelson Phone conversation seeking extension due to Tenant has been unable to get a PE to stamp it, desire to redesign facility to allow for larger clear span area, Allows for larger aircraft type. February 3, 2009 Andrea Sumner Chuck Jones Certified letter indicating lease default due to failure to complete construction of hangar on lot at 4600 Spartan Drive; If default continues for 30 days (March 5, 2009), lease will be terminated, February 16, 2009 Chuck Jones Mark Nelson Letter indicating foundation is poured and drive approach will be poured by February 28, 2009 and building will manufactured within 12 weeks (May 11, 2009). February 17, 2009 Chuck Jones Mark Nelson Letter committing to complete drive approach and As of June 4, 2009 drive approach from Spartan Ln lot gradeing/ground cover as soon as weather has not been poured. permits. February 26, 2009 Chuck Jones Andrea Sumner Letter conveying Lessee's schedule for completion ofconstruction of hangar at 4600 Spartan Drive February 27, 2009 Chuck Jones Quentin Hix Letter conveying Lessee's committed construction schedule and copy of change order to building manufacturer for modified specifications. March 2, 2009 Quentin Hix Chuck Jones Certified letter to confirm extension of lease termination based upon Lessee's proposed construction schedule and Lessee's submitted construction milestones, EXHIBIT4 NTDenton Leasing -Page 2 Date From To Purpose Comments May 12, 2009 Chuck Jones Chris Watts Council Member Watts was contacted by phone from Mr, Jones submitted a letter to Chris Watts and copied Chuck Jones to request assistance with an extension the full Council to enter a complaint of unfair of his Airport Lease. Mr. Jones was asked to put his treatment by the Airport staff and to request request in writing and directed to contact the City additional months to perform on his lease, Mr. Jones Manager regarding his need for an extension and his was referred to senior City Staff, complaint about staff enforcement of his lease. May 13, 2009 Airport Board expresses concern to Airport staff Airport Staff was questioned regarding lack of final about lack of performance by tenant. enforcement of the NTDenton Lease. Concern was expressed that an unfavorable precident has been set. May 22, 2009 Quentin Hix Chuck Jones Certified letter advising Lessee to return to Mr. Jones mislead Airport Staff regarding the order milestone construction schedule by June 25, 2009 having been placed to fabricate the steel for his or termination of lease would be reinstated, hangar construction. No order was being fabricated. June 18, 2009 George Campbell Chuck Jones Meeting at City Manager's office to discuss unfinished Mr. Jones and Pete Edwards, his partner, met with the Howard Martin Pete Edwards hangar construction and the Airport Staff notice of City Manager and committed that a financier would pending termination, submit a letter of commitment and financial credibility within one week. Certified letter indicating lease will terminate June 26, 2009 Quentin Hix Chuck Jones 30 days following receipt, Letter was received by This notice was sent with Legal Department Chuck Jones on July 1, 2009. oversight; however, past City policy of enforcement only after specific Board and Council approval was not recognized. July 2, 2009 Howard Martin Pete Edwards Mr, Martin received a call from Pete Edwards to provide No DTO site visit was made and no contact was Marvin Whitehead the name and contact number for a financier who had received from Mr, Whitehead. committed to fund completion of the NTDenton Leasing hangar. Mr. Martin called Mr. Whitehead and was told by Mr, Whitehead that he would visit the hangar site at DTO within a week and make a decision regarding his commitment to finance hangar completion, July 13, 2009 Quentin Hix Marvin Whitehead Mr, Whitehead was contacted at the request of No site visit has occurred and no documentation ACM Howard Martin to confirm that NTDenton of financing has been received to date, 7/20/09. Leasing termination of lease would be suspended No indication of the steel order has been provided upon receipt of confirmation that financing is to date, committed to complete order of materials and pay for construction. Mr. Whitehead indicated he would visit Denton Airport later this week. Mr. Whitehead indicated metal would be ordered on 7/13/09, July 20, 2009 Quentin Hix Marvin Whitehead Mr, Whitehead contacted Quentin Hix to inform Mr. Whitehead acknowledged that documentation the Airport that he would be ordering the metal of financing would be provided prior to 7/31/09, to be fabricated for completion of the NTDenton if his attorneys determine the risk is acceptible. Leasing hangar on 7/20/09. When questioned regarding documentation of financing for NTDenton Leasing, Mr. Whitehead indicated that his attorneys were performing due diligence to decide if NTDenton Leasing was an acceptible risk for construction financing. July 20, 2009 Quentin Hix Chuck Jones Q. Hix called Chuck Jones to determine if he knew Without some documentation of financing, or a of any specific commitment of financing for directive from senior management, the completion of the hangar at 4600 Spartan Drive. termination of the NTDenton Leasing lease will Mr. Jones indicated that he is unaware of the be allowed to become effective 7/31/09, timing for a commitment from Marvin Whitehead. Contact with the Legal Dept and research of Mr. Jones indicated he would ask the City Council Airport procedures will be conducted for an extension to seek financing when he talks to them on July 21, 2009. July 24, 2009 Quentin Hix John Knight Q. Hix discussed the status of the lease termination for Consideration is being given to the appropriate NTDenton Leasing with the Legal Dept. steps to take the lease termination issue to the Airport Board and City Council for final disposition, No contact from Mr. Whitehead has been received. July 28, 2009 Quentin Hix Marvin Whitehead In a telephone call to Mr. Whitehead, he indicated that To date, no indication of financing has been provided the steel fabrication order had not been placed by him and no site visit has been conducted by Marvin and his attorneys are continueing to perform due Whitehead or anyone representing him, Mr. Whitehead diligence on NTDenton Leasing. Mr. Whitehead asked for requested that a termination extension be for a a copy of the lease termination extension by FAX. period of time until September 2009. NTDenton Leasing -Page 3 Date From To Purpose Comments July 29, 2009 Quenti Hix Chuck Jones A certified letter was sent to NTDenton Leasing to notify No indication of financing for completion of construction Chuck Jones that the lease termination date would be at 4600 Spartan Drive has been provided to the City. extended until the City Council has an opportunity to officially accept the termination. This consideration is anticipated to be on a Council agenda on September 1, 2009 July 30, 2009 Pete Edwards Quentin Hix Mr. Edwards submitted an a-mail to Q. Hix with an A clarification a-mail was sent by Q. Hix to Mr. Edwards accusation that Mr. Whitehead withdrew his commitment to state the fact that the termination would be to fund fabrication of the steel for the NTDenton hangar in withdrawn if NTDenton Leasing submitted proof of the amount of $20,000 due the termination extension financial commitment to fund completion of the letter issued by Q. Hix, Mr. Edwards requested a NTDenton hangar and a revised construction schedule correction to reflect the agreement with the City by the September 1, 2009 schduled City Council Manager, consideration of the termination. In fact, the agreement with the City Manager was communicated to Airport Staff to be that one week from the meeting date ofJune 18, 2009, NTDenton Leasingwould provide documented proof of financial commitment, To date, no documantation has been submitted to the City. July 30, 2009 Pete Edwards Quentin Hix Mr. Edwards called to indicate that Mr, Whitehead had Q. Hix informed Mr. Edwards that in every conversation been contacted by Chris Hill, an Airport tenant who with Mr. Whitehead since Q. Hix was asked to contact claims to have financed the improvements to 4600 him, Mr. Whitehead has indicated that his attorneys Spartan Drive that have been installed to date, Mr, are performing due diligence on NTDenton Leasing to Edwards was questioning how Mr. Hill obtained determine their credibility for his investment. knowledge of Mr. Whitehead. August 3, 2009 George Campbell Charles Jones E-mail sent to City Manager claims Q. Hix acted All contct with Charles Jones, Pete Edwards, Marvin unethically to conspire with the Airport Board and Chris Whitehead and/or any of the parties who have Hill to reassign the NTDenton lease to Chris Hill. The expressed an interest in leasing the lot at 4600 e-mail had attached a letter from Chris Hill to Marvin Spartan Drive, should it become available, has been Whitehead that asserts a claim from Mr. Hill that his discontinued by Q. Hix, A meeting with the Deputy City company financed the improvements to the NTDenton Attorney has been scheduled by Q. Hix for Thursday, lease at 4600 Spartan Drive. The letter from Mr. August 6, 2009 to discuss this matter. Hill to Marvin Whitehead states that Mr. Hill will bring legal action against anyone who "becomes involved with Mr. Jones", August 10, 2009 Quentin Hix John Knight Q. Hix met with J, Knight to discuss the allegations in No indication of financing for completion of construction Charles Jones' a-mail dated August 3, 2009 that the City, at 4600 Spartan Drive has been provided to the City. Airport Board and Q. Hix were conspiring to keep NTDenton Leasing from performing on their lease. No legal jeopardy was identified and all future communications from/to NTDenton Leasing were recommended to be referred to the Legal Department. August 11,2009 Charles Jones George Campbell A second e-mail from NTDenton Leasing to George No indication of financing for completion of construction Campbell recanted his accusation that Chris at 4600 Spartan Drive has been provided to the City. Hill is working with the City to keep NTDenton Leasing from performing on their lease; however, Charles Jones re-stated that the communication from Chris Hill to Marvin Whitehead is causing problems with receiving a financing commitment, August 11, 2009 George Campbell Quentin Hix Mr. Campbell inquired bye-mail to Q. Hix what the No indication of financing for completion of construction circumstances were related to Mr. Jones' e-mails. at 4600 Spartan Drive has been provided to the City. Q. Hix responded with a reference to the recommendation made by John Knight for all communication with NTDenton Leasing to be screened by the Legal Dept, August 25, 2009 Marvin Whitehead Quentin Hix Mr. Whitehead indicated an intent to fund the NTDenton Q. Hix told Mr. Whitehead that his request would be Leasing hangar construction once the issue of Mr. Chris presented to the Legal Department for disposition. Hill's alleged financial relationship with NTDenton was resolved. He further ststed an intent to finance completion of the concrete driveway entrance and drainage improvements at 4600 Sparten Drive. Mr. Whitehead requested notification of any amount owed by NTDenton Leasing on their monthly lease payments and indicated he would pay this amount for NTDenton. NTDenton Leasing - Page4 Date From To Purpose Comments August 25, 2009 Pete Edwards Quentin Hix Mr. Edwards called and requested an answer to the Mr. Edwards was referred to John Knight to make his e-mail sent recently to George Campbell. Mr. Edwards request for information. indicated he wanted confirmation that the City was not working with Chris Hill to reassign the NTDenton Leasing lease to Mr. Hill. August 25, 2009 Pete Edwards Quentin Hix Mr. Edwards called to indicate he had talked with John Mr. Edwards was referred to the Legal Department by Knight and was told the City recognized NTDenton Q. Hix for any further request for information. Leasing as the Leasee of the property in question, Mr. Edwards asked what information Mr. Whitehead had requested regarding NTDenton leasing. When Q. Hix told him that Mr. Whitehead's request had been communicated to the Legal Department and any response would come from them, he turned aside from the phone and asked Mr, Whitehead what he had requested. August 26, 2009 Chuck Jones Quentin Hix Mr. Jones called to request a meeting to provide an John Knight indicated to Q. Hix that, if contacted, he updated construction milestone schedule. Mr. Jones was would invite Mr. Jones to submit any information he referred to John Knight in the Legal Department to wants to submit and Mr. Knight would get it to the provide any input or to request a meeting, appropriate manager. August 28, 2009 Pete Edwards Quentin Hix Mr. Edwards submitted an a-mail update of the To date, no indication of financing has been predented construction milestone schedule for 4600 Spartan Drive. to the City and no site work has been commenced, The schedule shows a request to have the termination removed from the 9/1 Council agenda and that building materials will be ordered by August 28, 2009 and concrete and site work completed by September 15, 2009. September 1, 2009 Pete Edwards Quentin Hix Mr. Edwards submitted an e-mail to to Q. Hix to indicate Q. Hix forwarded the a-mail to John Knight and Mark that funding for his project is committed by Marvin Nelson with an inquiry regarding who would inform Whitehead, and, Mr. Whitehead was sending a wire NTDenton Leasing of the requirement to provide transfer of funds to the steel fabricator to begin proof of financing. Mark Nelson indicated he would constructing the steel components for the NTDenton send an a-mail response to NTDenton Leasing. Leasing hangar. September 2, 2009 Charles Jones Quentin Hix Mr. Jones called Q. Hix to explain that Mr. Whitehead had Q. Hix emphasized to Mr. Jones that he must talk to Pete Edwards agreed to finance the NTDenton hangar construction and John Knight to provide any information regarding his that funds had been sent by wire transfer to the steel lease performance and that the termination would be fabricator. Mr. Jones was informed he should contact administered by the Legal Department. Mr. Jones John Knight to inform him of the funding and to provide was strongly encouraged to contact John Knight to proof of funding, discuss the status of his lease. As of 9/3/09, no contact has been made with John Knight and no proof of funding has been provided to the City. September 4, 2009 Mark Nelson Chuck Jones An a-mail was provided to NTDenton Leasing managers The information required from NTDenton Leasing Pete Edwards that indicated written confirmation of financing for their was directed to be provided by September 9,2009. hangar construction project must include a letter of credit from a bonifide financial institution evidencing the ability to fund construction and written confirmation must be provided from the steel fabrication company to confirm manufacture of the hangar to be constructed at 4600 Spartan Drive on the Denton Airport. Additionally, NTDenton Leasing was directed to provide an updated schedule of construction performance milestones. September 15, 2009 NTDenton Leasing John Knight A letter was received by FAX at 3:53 PM and delivered to The FAX copy of a letter from Mr. Whitehead contained John Knight at 4:10 PM during the Council Workshop NO letter of credit or equivalent proof of financial that purported to be from a financier, Marvin Whitehead, capability; NO letter or other proof of payment to the indicating he would finance completion of the steel fabrication company; It was NOT written on NTDenton Leasing hangar. company letterhead; It did NOT include a nortarized signature; and, it was NOT accompanied by a schedule of construction performance measures. 1 DRAFT MINUTES 2 AIRPORT ADVISORY BOARD 3 September 8, 2009 4 5 After determining that a quorum was present, the Airport Advisory Board convened for a 6 Regular Meeting on Tuesday, September 8, 2009 at 12:14 p.m. in the Denton Airport Terminal 7 Building at the Denton Airport at 5000 Airport Road, Denton, Texas. 8 9 BOARD MEMBERS PRESENT: Chairman, Dr. Smith, Mr. Brewer, Mr. Brown, Mr. Clark, 10 Mr. Fykes and Mr. Scholfield. 11 12 BOARD MEMBERS ABSENT: Mr. Pugh excused absent. 13 14 STAFF MEMBERS PRESENT: Andrea Sumner, Operations Coordinator. 15 16 PUBLIC PRESENT: Jeff Soules, USAG. 17 18 I. Pledge of Allegiance to the US Flag 19 20 II. Public Meeting 21 22 No public comments were made at this time. 23 24 III. Receive a report hold a discussion and consider an ordinance terminating an Airport 25 lease dated June 21, 2005 between the City of Denton, Texas and NTDenton Leasing, 26 Inc. 27 28 Mrs. Sumner presented the information regarding the termination of the lease with 29 NTDenton Leasing, Inc. The lease went into effect on June 21, 2005 and the 30 construction for the hangar was required to be finished on June 1 1, 2007. 31 32 Over the course of this lease, City staff has given multiple extensions and variances. 3 3 NTDenton Leasing previously supplied a construction schedule to complete the 34 hangar by August 25, 2009. During the course of this schedule, NTDenton Leasing 35 has not completed the stated milestones and has not completed the hangar. They also 36 have not provided the requested information on financial support. 37 3 8 On June 26, 2009 Airport Staff sent a certified letter to NTDenton Leasing, Inc. 39 indicating the lease would be terminated. Mr. Jones received this letter on July 1, 40 2009. 41 42 City staff has notified NTDenton Leasing multiple times that they need to provide 43 proof of financing and an updated schedule to prevent the termination of this lease. As 44 of September 8, 2009, they have not provided financial documentation and the 45 construction is not complete. 46 Airport Advisory Board Draft Minutes September 8, 2009 PAGE 2 1 Board members asked a few questions about what happens after the termination goes 2 into effect. After termination, the leased property reverts back to the City. 3 4 Mr. Brewer made a motion to recommend the termination of the lease with NTDenton 5 Leasing, Inc. Mr. Fykes seconded the motion. 6 7 Mr. Schofield stated that Mr. Jones is aware of the termination proceedings and is not 8 present today to sway the Board against termination. After several requests for 9 financial documentation, Mr. Jones has repeatedly not complied. 10 11 Motion carried 6-0. 12 13 IV. Adjournment 14 15 12:31 p.m. :r~(.=.1 ~1~ I~.. ~~1T~:. ~ t~t~~11~~~~~ ~ ~ - ~~„T~''su~~ I~'1~~~~~;T~: I..~'~'a~l ~~~'~~~,1a-t1111]t v y _ ~ ~ ~ ~~r~ ~~~~t~11~G11~~~~. ~~f ~i~~~ ~_'Gt~~ ~~~:.Yl~~~~~, ~1.~:~~~~ ~~~~~_~r~~~ il~~ ~11~ : r c.:~~~_~~~~l~~tt~~~~~ ~14~~~➢~~~~~~1~~ ~1~~~~~~11~~~ ~~~~~~11~~~~~~1~ t~~ (1~~ C~~~~~~~-~~~ ~=,~~llt~t~:~ 1~t4~~~~~~ ~ ~ ~ ~ _ t'~~~~1~~~~'it~; t f;~~ ~1~~~ I~~}~~~~~r~ t~~ll~~~~ I~li~ "~~r, ~ w , . a, ~~li f~_ i~ 1i1~ ~~~11~~~~~6~~ ~~t~i1~~i~~l~q ~~~rl~l ~;;~~~~~1~~~~~t~.:~ ~~]iI 1j1~~. y~.~"~~;~~F~~~~u~~1►..~.,i~~x I~~il~r~_~1~ f~~~~ul~t~: ~`~~~1~~~~c_~1'fi~-~~~~~~~ ~~t~~~~~~1'i~~~ 11~~~ t~~~ M - ~~~~t~ ~ t1~.~ ~.ll~~i }~~7c~°~~~`~t~~.~~~~~~ ~~r~c~~~~Yr~~-~ ~~~lr~~~~,~;~~ ~~p~~ ~~~~~~-~~~ir~t_T ~tl~~l~~ , -y . ~1`~1C~1~~7~~~i'~~~~lt~~~~ ~~~'~'1+~~ 11~ ~.1~~~~11 ~~~11~1t~~, .~~~Y(~!~~I~1~TT~~~TI~~r1 `~t~~l~~f~ 1~~5~~~~~~~~~~~~~~~1~ ~~~~~i~.lt~1 il~ ~~~.~~~~ti~~= ~~Y~i~~~~o w i a ~~~t~~~~~~:~f-~]I~~;,~ ~~1~-~t~~l~~~~~i, ~~w.~__ - i ~~_...ro~_ _ _ t~~~~,G~~ I'~~~~~ t~l~~~~~111~, ~,~,11~~'~1~~~7~~~si.i.~ a i~~ j 1 1 ~1~~~  y AGENDA INFORMATION SHEET AGENDA DATE: September 22, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - 509-0006 (Rayzor Gas Wells): Consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit to allow for gas well drilling and production on property located on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0006) The Planning and Zoning Commission recommends approval of this request (4-0). BACKGROUND: In accordance with Subsection 35.5.2.2 and 35.22.3 of the Denton Development Code (DDC), gas wells are permitted with an SUP within the NRMU zoning district. The Rayzor Ranch Town Center Overlay District, Ordinance Number 2008-284 also requires an SUP for gas well drilling an pro uction. Per Subsection 35.6.4 of the DDC, an SUP maybe granted if the proposed use conforms (or can be made to conform through the use of conditions) to the standards established in the NRMU zoning district. It has been determined that the proposed use will conform to the NRMU district subject to the Planning and Zoning Commission's recommended conditions of approval and the Rayzor Ranch Town Center Overlay District restrictions. The property is currently undeveloped. The site plan submitted shows one access to the site which aligns with the future location of Panhandle Street. According to the applicant, the proposed access will be utilized temporarily until the portion of Panhandle which abuts the northern portion of the site is constructed. The Planning Department sent certified notices of the public hearing to five (5) property owners within 200 feet and twenty two (22) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received two (2) responses from property owners within 200 feet of the subj ect property in favor of the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW: On November 4, 2008, the City Council approved an Ordinance (Ord No 2008-284) amending the development standards for the Rayzor Ranch Overlay District to allow gas well drilling and production through the approval of a Specific Use Permit. June 17, 2009 Planning and Zoning Commission public hearing. This item was tabled from the September 15, 2009 City Council meeting. OPTIONS: 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this Specific Use Permit subject to the following conditions: 1. The approval of this Specific Use Permit shall not grant any waiver to the overlay conditions approved with Ordinance No. 2008-284. 2. The applicant shall install a screening fence along the northern, southern and western boundaries of the site and a type `D' buffer on the portion of the site along Bonnie Brae Road. 3. The screening fence and type `D' buffer, as conditioned, shall be constructed within 30 days after drilling operations are complete or planted during the first dormant season after drilling, if approved by the City Landscape Administrator. 4. If screening or landscaping is damaged or removed during fracturing or refracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping. 5. The site plan as submitted and shown in Exhibit 6 shall guide the development of gas wells on the subject site. 6. Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan to the Development Review Committee for review and approval, detailing how the equipment used in the drilling, completion, transportation, or production of the wells complies with the maximum permissible ambient noise levels. The maximum permissible ambient noise level shall not exceed ninety (90) decibels as measured three hundred (300) feet from the boundary of the drill Slte. 7. Prior to the issuance of a gas well permit, the operator shall be responsible for establishing and reporting to the City a continuous seventy-two (72) hour pre-drilling ambient noise level. The seventy-two (72) hour study shall include at least one twenty- four hour reading during a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off site. 8. The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute's Standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. 9. A citation may be immediately issued for failure to comply with these conditions. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given twenty-four (24) hours from notice of non-compliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four (24) hour period may be granted in the event that the source of the violations cannot be indentified after reasonable diligence by the operator. 10. The operator of the gas well shall instruct and ensure that employees involve in the operation of the gas wells park vehicles on-site only. The Development Review Committee recommends approval of this Specific Use Permit as conditioned. EXHIBITS: 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Future Land Use Map 5. Notification Information 6. Proposed Site Plan 7. Rayzor Ranch Overlay District Concept Plan 8. Rayzor Ranch Overlay District Master Site Plan 9. Site Photographs lo. Letter from Applicant 11. Letters of Consent from Property Owners 12. June 17, 2009 Planning and Zoning Commission Minutes 13.Ordinance Prepared by: . Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFFAIVALYSIS CASE NO.: 509-0006 DATE TO BE CONSIDERED: September 22, 2009 LOCATION: West side of Bonnie Brae, north of Scripture Street. APPLICANT: Range Production Company 100 Throckmorton, Suite 1200 Forth Worth, TX 76102 OWNER: Allegiance Hillview, L.P 14881 Quorum Drive, Suite 950 Dallas, TX 75254 ZONING DISTRICT: The subj ect property is located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU). COMPREHENSIVE The subject site is located within the Neighborhood Centers future PLAN DESIGNATION: land use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use (NRMU), Rayzor Ranch Overlay District- Undeveloped land South: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District -Undeveloped Land. East: Neighborhood Residential 3 (NR-3) -City of Denton McKenna Recreation Park/Single family homes. West: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District -Undeveloped Land. BACKGROUND The property is located in the NRMU District and the Town Centers INFORMATION: of the Rayzor Ranch Overlay District. As a requirement of the Overlay District, gas well drilling and production are permitted with an SUP. ANALYSIS: Comprehensive Plan The subject site is located in the Neighborhood Centers Future Land Analysis: Use designation. Per the Denton Plan, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of `neighborhood centers' . In addition, Mixed-uses are recommended to be oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. The plan also recommends that areas designated as Neighborhood Centers should contain uses necessary to support the surrounding neighborhood. The uses could include service-oriented retail such as small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats located above service oriented uses. This request is for gas well drilling and production on approximately three acres. According to the applicant, the site will be reduced to two acres after drilling operations are complete. The remaining one acre will be reclaimed. According to the concept plan for the Rayzor Town Center Overlay District, single family attached units are proposed to the north and offices to the west and south of the subject site. The development of the site for gas well drilling and production will not impede the general purpose of the Neighborhood Centers. Development The property is located in the Neighborhood Residential Mixed Use Code/Zoning Analysis (NRMU) zoning district. The NRMU district is a subcategory of the Neighborhood Residential Land Use. Per Subsection 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. The property is also located within the Town Center of the Rayzor Ranch Overlay District. Per Subsection 35.7.13.8 of Ordinance Number 2008-284 of the Rayzor Ranch Overlay District, the NRMU regulations shall guide the development of the Town Centers within the Rayzor Ranch Overlay district. The property to the north, south and west are undeveloped. Approval of this request, subject to conditions, will not be detrimental to any existing residential development to the east. Per Section 3406 of the City of Denton's Fire Code, any residential development approved after the drilling and production of gas wells on the subject site shall be required to be set back a minimum of 3 00 feet from the wellheads to protect the development from any adverse affects of this request. The properties located to the east of the subject site, across Bonnie Brae Street include the city of Denton's McKenna Park and a single family home. The active recreation area of the park is located approximately four hundred and fifty (450) feet and the single family home is located approximately two hundred and eighty four (284) feet from the proposed wellheads. Per Section 35.22.3.B of the DDC, written consent is required from property owners for the location of gas wellheads within two hundred and fifty (250) feet to five hundred (500) feet of a residential structure. The applicant has provided two signed consent agreement documents from residential structure property owners within 500 feet of the proposed gas wellhead sites (See Exhibit 11). DEPARTMENT AND The DRC reviewed this request for an SUP and provided relevant AGENCY REVIEW: comments to the applicant. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to Section 35.6.4.B of the DDC, a specific use permit shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed gas well drilling and production is part of the Rayzor Ranch Town Center Overlay district. Currently, the surrounding properties in the immediate Vlclnlty t0 the north, south, and west are undeveloped. The current concept plan for the vicinity of the subject site of the Rayzor Ranch Overlay district shows proposed offices to the south and west and single family residential to the north. Per the City of Denton's Fire Code, any proposed development shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, the current concept plan for the Rayzor Ranch Overlay designates the subject site for gas well development with an SUP. To the east of the site is the City's McKenna Park and a single family home. According to the applicant waivers have been acquired from property owners located within 500 feet of the gas wellheads. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding undeveloped property. There are proposed developments in the vicinity of the subject site. These developments shall be required to be set back a minimum of 3 00 feet from the gas wellheads. In addition, staff is recommending a fence around the subject site with a type `D" buffer along Bonnie Brae. This condition will reduce any negative impact this development may have on the surrounding properties. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been assessed by the DRC and have been deemed adequate to support this use. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The proposed gas well development will have one access onto Bonnie Brae Street. The DRC has reviewed the proposed vehicular access to the site and have determined that the proposed driveway to the site has been designed for the safe and convenient movement of vehicular traffic. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur for a short period during the construction of the driveway, drilling, and completion of the gas wells. However, dust, noise and any vibration associated with the development of the site and drilling of the wells will be limited once the proposed development is completed. In addition, Section 20 of the City's Nuisance Code Ordinance requires dust, noise, and odor control during construction. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations of Subchapter 13 in the Denton Development Code. This requirement will be met during the gas well plat approval review process. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed gas well development will meet all landscaping and tree preservation regulations in Section 35.13.7 of the DDC, Tree Preservation and Landscape Requirements Standards as modified by the Overlay District. In addition, staff is recommending a type "D" buffer along Bonnie Brae and a fence around the entire subject site. EXHIBIT 2 Location Map ~~~~~~~T w L~~~E~ ~ m ~ ~ ~ z ~ o m w ~ANI~ANDL~ Site w d w SCRIPTURE ~ HC~~STt~N HQ~Tt~N ~~~MC~ I~ OAK EXHIBIT 3 Existing Zoning Map w J w ~~~~C~NT m NRMV ~ ~ ~ ~ ~ r~ z ~ w- NR-3 w oc ~'AN~{AiV~L~ ~ Site w. ;~t RCC-D ~ w scR~Pr~R~ °m 0 ~ou~o~v ~ou~c~r~ a~~~a EXHIBIT 4 Future Land Use Map ~Pd 0 CRESCENT w m LINDEN ~ Q w ~ ~ ~ ~ z ~ _ O ~ m ~ Neighborhood tenter Existing Land Use PANHANDLE J 2 Slte w Q m w z z SCRIPTURE m D J O HOUSTON HOUSTON ALAMO Existing Land Use OAK OAK EXHIBIT 5 Notification Map L~ V V l.i " ` V LI 1 ~ 'I t 4.~ J X41 a alt;( {'~r~i,}~! ?i i i j { _j,` ~ a.i !.{J iii ~-v ii; ,,..1 ~ {1 ,I I ar,i Public Notification Date: 6~4~2009 200' Legal Notices* sent via Certified Mail: 5 500' Courtesy Notices sent via Regular Mail: 22 Number of responses to 200' Legal Notice ■ In Opposition: ■ In Favor: 2 (71 ■ Neutral: b A ~a a <4 ~ ~ ~ ~ ~ ~w~ ~ ~ ~ ~ ~ S I G ~ ~ 3 IS U d~i~~ ~I ~Y~nY~ ~tL ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~a n < ~ ~ ~ ~ ~m a a o 6 ti` Ci ~ ~ j{{~~ ~ w LLdp~ ~ i7d ~ (7 ^7~6~ ~ ~ m w ~~d~~ ~ _ ~ s a ~ ~ ~ ~ ~'6 t ~ ~ ~ ggiipb~~ ~t x s ~ ~ i 1 ~g a ~ j ~ ~ ~ ~ ~~~p~~~~b ~ i ~ ~ ~I ~ ~ ~ q j ~~b ~ f~~ ~ ~ ~ ~a~ n x ~ ~~~~~~1§~{~ ~ ~b~ 8~., -~~x ss~ 'i n t~-~` ' _ ~ ,fJS L~~£ M,t.~,6y,Q5 ~~W I ~ ~ N a ~~,,~~II ~ ~ ~ Irv ~ ~+4 W y ~ M~ i. x I a r ~,a~c N t~ h ~ ~I ~ ~ rv ~ Url L N N AS ~FF I~ H~ ~~k~ ~ e~~~8 asp a s o ~ P ~ a w ~ ~ ~~s~~~~~a g EXHIBIT 7 Rayzor Ranch Overlay District Concept Plan i i ~........_.~...~..~a ~ ~ ~ ` ~ ~ K ~ ~ ~ ~ ~ g ~ ~ ~ ~~r, , 3~ ~ y ~ rtT "p ~7 v'~tc°r 1. d,~,lEr•~.~. ~~r;,w M ~1fa~Lt c7n~=~ ~ ~~G ~ ~ r I~U" ~ ~ ~ I ~ 5 rn 7 ~ ~ ~ P f" ~ u~ r= a T ~ i ~ - ~ ~ ~ C!S `Ct ' ~ ~ ~ j hd - C~ tJ ~ ~ „ ~ 1-~ ; r C7 ' a t:~ i c~" ~"J ~ I C - - ~ rTa - + ~ a ~ i ~ r- p~ R1 ~ u ~ ~ ~ i ? ~ ~ ~ rr ~ ~ t~ ~ ~ ' - ~,7 CJ ~ r`rj rx l ! i.. '..1 ° i c i. L. I ~ ~r. h Ur ~ rn ;n ~ ~n m EXHIBIT 8 Rayzor Ranch Overlay District Master Site Plan 4 ri ;,.415#~"> ~ i. i .'i i t i i r, 1 - ` i, y i f f i , ~t _ i ~mAra, ~ i i I r ~ j j ~.,y .Ii r G, Ij m i i k~ i v I i i i 4 m~s~r~~ s~Y~~.~aN ~r7~r~ lar~ EXHIBIT 9 Site Photographs y~~ir II w 4~ l.~ ~L, 1 ~4 } ~~~~~1 VIII ~.f~'1 ~~'j4 Y~~i 4 y I~ 1 Gy. '~1 7 ~ ~II7 ~'~~~11 e, i III ~ ~k1 il, ~ 4j~ J~`1 !R}1 l ~~~t 1\~ I S ~l i~ll~~~ ~ r ~~~~~~iil ~ t ,h . t ~ ~ ~s~ d 4 ~,,~~t~ ? ' 1~~~' BFI': Looking north towards subject property 1 d lfti ^~Il ~ , ~+1~ '..aii~ ~1 ~ V N~{ fi,' iii i i ~v~i ii t 1 ~ ~~i ~ ~1 r « I~~ ~ t1~ ~ i~t~jtM 1 1vn~g, la~~,e 1 ~ A fAn X11 n ~ IZ wl ~F" ~'!fl~\~~~ f~ I a ~ eLu iti !~1 y~~ry wt 1i HI ~ ~ to ~F~ ``i~~~, I ~ t S~II 1 ail. ~1 ~ ~S ~ i ~ i ~ t ii ~ Yfi~11 pp , ~~y ,y~ o iii, `F ~ { ~ l~~ is ~ i s i l r ~ i ~ f ~ ~ ~ W ~ ~~l!Nlm 7H ~ M1V~ "'~l n ,n, 11: 1~~ If n~(` Sri ~ ~~'It~, x I Looking south towards subj ect property EXHIBIT 10 Letter From Applicant RA~C~~ ~E~a~f~C~ City of ~en~on Plar~r~ir~q and. I~evetaprr~er~t Department City l•-!al{ ~I~Iest X21 N. ~Im Denton, TX ~76~~1 RE: Project Narrative Ranee Production Cornpan~r -SUP for Gas'~ve{l Deveiopment S~J-~0~~ Rayzor Unit has ~1ell Development Plat G~N~~9-0~~1 Lange ~'roduoton Company intends to permit a has well site ors Bflnnie Brae Road at Panhandle Strut to dri{l and produce up to five ~~j gas wells, as shown an the.. accompanying plat. This pad site will require 3 acres for driiiing activity and will reduce to ~ acres ~y reclaiming the western ~ acre_ ~"his pad site conforms to tl~e surface use a~-eement with ~llec~iar~ce and per mines! lease agreerr~ents with Rayzor {nvestn~ents. This acreage has been ~or~ed as RCC_D and waivars have been acquired frc~rr~ every structure ~tv~o residences) within ~~C~' cif the wel{head ia~at~ons. ~~rfher this sift was ~~.~i~g~afed ~c~rgas well ~terra~a~ment y Raynor Overlay DrsrritYt - C~r~nar~ce z~~~w~~~, sigr~~d by ~,~ay~r Br~rrol~gh 1j~~#4~~a~, Range does of#ir~7~ that we meet the criteria required far approval of an St_JP. Coordination with the surface. awr~er has been rnadp ar7d this pad site is ate mast appropriate site for the extraction of the rnif~erals and enjaymont of the mineral rit~l~it owners. Cur plans aiso address the following, A. That the use would l7e in cor~forrnance ~rvith ail standards within the zoning_district in which the use is proposed to he located, and in conformance with The dentan Plan ahct ferieral, state, or looal Jav~r. T~iis ~sife gas clesrg~afecl far gas wefl deue~apmerrf fey Rayzor t~vr~rlay ~rstrrcf - ~~~ci<'ir~~~ce 2Q~8-~~4f signed by Mayor 8tlrr©t~~h ~ 1-~4-~~QS. The foflcwing cr~nditibr~s have been mef: That the specific use will be compatible with and not inJuriaus tQ the ase and er~~ayment of ofher iart~perty nor sic~riificantly diminish or impair property values within the immediate vicinity; This sife will cc~rrt~ly ~iih fh~ D~rrtot~ ~ove~r~~rraent Code Su~cha~ter - Gas ~Velf ~?ri~lirrg a~r~ Pror~c~c~riar~. C7~r~rrrfrar~s v~~rll f~a cc~rrfined ~c~ f1~e dad sif~ anc~ ae~esse~f ley a~~ro~o cc~mrner°c,ial' Irar~ti~f~c~r~afion rrc~trfes. ~~~rrc~~ ~~~o~rc~s Ccrparatian 1L~OTt~rock~r,~arr~tr~a~ ~~iitet7C~p FvEi1~a~~h,7~x~s~Ca~az Te~.(817)87~-~sa~ Fax(~17;87~~2316 That the es#a~lisi~mer~t of the s~ec~fic use will not impede tie normal a~c~ artier€~= deveioprnent and improvement of st~rrouncfing vacan# ~rope~t~, This: site will corrrply with the Denton Develapr~enf Code - Subchapter 22 Gay V~'ell Sri#1rr~ arr~ Pre~u~fic~n, t~peratrorrs will be canfi~~ed to the pa~# sife and acces.~ed ~y a~pro~~;~d commer~ral trartspc~rta~r`on routes. P(ar7s for tl1e adjaeent property were made cc~nsiderir~e~ this site as ~ Gas 1Nell Site. 3. Tha# adequate utilities, access .roads, drainage anti other necessary supnortirrg facilities have heer~ or will he provided; Na adt~itional ufittfies nr support facilities are required. 7"h~ ~isct~si~n of access road and drainage has ,been ac~~ressed irr the applicatic~r~. 4. The design, location and arrartc~ement of ail driveways ar~d partC~g spaces ~rovd~s far t#~e safe anc~ convenien# movement of vehicular and ~ectestriar~ traffic wi#l~aut adver~ly affecting the c~er~eral pudic or adjacent developr~er~ts, l~urc parking or~edestri~n trafltr is neither .practical or characteristic cf a Gas dell site. 7'he driveways have ~aeen desr"r~n~~' for ffre safe and corrvenier~t mo~emer7f Qf vehiculartraffic. `hat adegaate nuisance prevention measures have Dean ar will be taiCen to prevent or control offensive odor, fumes, dust, noise and vibration; This site will comply with the C~ei~t~r7 De~elopmer~f Cdde Subchapter 22 Gas Well C~rillin~ arrd Prc~ductiar~ i~~cit~drrg r~~isarrce prevention measures. Fir a short. tune,. fi►is will ~e a Ncat~sfructic~n site' dt~rirr~ the bt>idir~g of lc~cafion, dillin~ ar~cl campletiQrr of fh~ wells ~rtd al! r~acessary rrur'sc~r7~~e preventrc~r~ measure will be taken. That clirectio~}al ligh#ing will be provictec~ sa s no# #o disturb ar adversely affect peighborir~g properties; and phis site will cotrrply with the Denton C~e~elopr~tent Cade 5~~,~~l~apter ~2 Cos Well Drilling and Productiar~ includln~ the impact ~flfghts on neigl~baring prope~ies, Far a short tirrte, fhis will be a "constrcrctior~ sife" acrd s~fficien~ lhting v~ill .he n~ce~sary t~ insure the ,safety of worker. f-lc~wever; tl~af iigl~tir~~ s}~atll~ r~r~~ irrrr;l r~~ighhr~rin~ prc~;~er~ies, 7. That there is su€ficier~t landscaping and screerrir~g to ensure harmony anti compatihil€ty with adjaoent property, This site wrll comply with the Denton Development bode Subchapt~;r ~2 - Gas l~'ell~rillir7t~ at~d P~dtrction anc~.the specifications offhe Raynor overlay district. if further information is required, please feel free to contact. me a# 8~7-8~~-~~4~ direct offiee~, ~T~~839-~t7~~ {cells or via email a# mc~attor~ranq~reso~trces.cam. Sincerely, ,~`~d lt~ary Curtiss Patton, Rer~ulatary l~la~~a~er EXHIBIT 11 Letters of Consent from Property owners 1' I„~~. ~Jrt, ~,~J~ ,ki 11~ I~ ,It,~i. FI. r~~F' (~if II'r.,4~,1 r, ~1~~ ~ I'7{"I~'ti;t, " ,'C"f I~ i t l }}}~11~i`', i", ~ ~e.i l~`~~ ~II ~ ~']i~}6~~ li,.!1~ ~5g;ji', ~°,F~ ilt ~ 'st„ ~ {`sfl ~tl~ irC". ~ (~.I i ~'.F,.~l v 1'~ .t'~t.~.i .l!i'I~.` ..)j ~ ll~s_, '4~ .~~1ti ~k ~i~' l ~G ,17~, ,.i ~ ~.JS: 1111' 1 A, ~1j ?,I ~ 4~ ~ ! ~ f;lit', r, 'Y{.I i ~~ItiE I.~k ,i ~ kr I11 E ~ll rl~.i~~l 'ic~~i. ~.1.~ 'I. l ~li 4~i,1 ( '..I i~ J~`•, 1:, il,'~~~[ Il.'i 1(I ~`e+ i. 6~~'-i~~ ,''1, ~ .,~~i (t' 1'~ IL ~.l.Yd i~ lr~;. r tt ~ II ~ C' , ,ill"T'p°i„ I~' ~ 1 !.1 ,f1~ t V ELI; '~I ~ ,~:?,t., s , ! ,ii^, t Y~.1;. a 'I ~ '.t ~ i ll i I~ r I I ~i ~ . ~ i~"i 1ii ~ I'~' l~l,?~ i;t ~i~l t ~ F . `i E ' ~ . I 'r lE~ t~ti ~ ,r f ~ P_.. 4 ! i i. _ r P ~-a ? t ~ i f r d ~ ~ ~ 1q. r F ~:1~' ~ C• C~'i..i a',,4 j,t'.~', r~i1 1 1<<i~i~~~. ~.it ~'4'(~ .Gt;~~1C j1 ~ '~I'sl ~ J1"r1.~ ~P~~j~il;;r,.i~ ~xa`1;'t ~~1: ~ l;°~Iei ~ { ro~'[i~~' 71' ,~.`lr',r';ai .lac"~; ~~,~`s,F ~ 11';1i.j.1'. x1`(i7~ "~~fc~~ `'-(i'~1~ I 'r'1 yak 1➢i i ~ ~f{~l ~ IYl, af~ 1~,:4i~. '.l i.~ i~~~ '~Ijf l`. .<<~,~ ~~i!~~ i1T~. lq!i~~ ~ 14.1 ~y .<i1i.~ iI:, S~~ ~~,I~;' 0~~1} kf.. J . ..I, .~1;(l klr G, j" ~~'rf, . , L~ 4.i . L,i ~ t 1, ~t,~ i`~,!l ;l',I °1':, ~ lea (~~.,1. ',t r J ~~~.1;"~ (14'I'~'i~~ . a._. , ! -`(i~ ` ;!!i .si t}i t~k.tt~lt t 'tl ;.ifi "•t,"i f+ ~ lil ~1,~.' - 1I',4. ' ~,1 ~.1G` ~.l+1iC ~l k~l,,: ~l iii .11~v`~ ~~'11,1'ti 't`,Gi1:`.,. ~E;',~ I, ,`~i',k l!f`. 44 <~~"i,' i ~~'~{'``;i ~,9 tfi ~I I'Y '1. ~~w,!;~'(I 6 "'(li, t i,, ~ o~ 3i'`I'S' t'(,~i)A r ;I.L`~ !I i. `rt..~'i1 iii! ~I, is l~ ~ f~, ~ .I~ .';i ~4 ~l;'iji 7E' ~2t~ it f. k. ?I! 3. ff ~ t. r> ry ti_f~ c1 ~ ~ ~S a b F ~ ~ ~ 4 I '~'!i.~~ d-~il ~1-~. .~1~i. ~s ~°`?'u lc ~ I~t'I, r~ ~ - ~i`~~~f l!~ '^f„~F~~ tt~'1 r i a, ~ ~ ~ 3` ~ x ~i ~s ~ CHAIRMAN I~IAT>CIN l~ext item on the public ~ obtain waivers from residential structures that are 2 hearing would be 5B. ~peci~c Use Permit far gas well ~ within ~5~ feet and 50U feet. So the radius that ve see 3 dulling end production: ~ here is ~ 5~-foot fadius. And as we can see on this ~ MR, APPrAI*l: Goad evening, members of the ~ map, there ere too residential structures that bre 5 planning and honing Carnrnission, For the record, Nana 5 within the ~~~-foot radius. And the applicant has ~ Appiah with the Planning f~epartment, ~ obtained waivers from these residential structure ~ The case before you tonight is a pecitlc ~ owners. And it was in your backup, as well. ~ Use Permit to allow for the dolling and production of ~ ~ This t"s a picture Chet was taken dung ~ gas wells within the l~ayzor Ranch Overlay District. 9 staffs site visit. This is looking north to the site. zo This is the location map showing the site. The site is This is looking, again, northwest to the site. This is 1~ actually located north of scripture, west of Bonnie ti looking south, And as you can see, this is Bonnie Brae. Brae, and south of Panhandle, as we can see here on the .This is looking south, again= Into further south is the ~s location map. is Presbyterian i•Ivspital. Again, this is looking east. ~4 The coning designation vn the propert~r is And right across the street is the City of Dentan~s Neighborhood Residential Mixed use and Raynor Ranch 1vlcKenna Park. iG Overlay Distr7ct. And,.actually, I have the zoning This is the notifications that were Sent 1~ designauon as it takes on this zoning map. I don't out. 47~ mailers were sent to property owners within ~S know how it just went off. But the rid outline is ~s 20U feet. And out of these 40U, one was Rayzar prapertY Neighborhood Residential Mined-use. And that's a base owners and one was the City of Denman. One was the ~D zoning. And it's also within the Raynor Ranch Overlay City. And then mailers were also sent out to ~1 District. The future land use designation is 21 property owners within 50U feet. And two letters in ~2 Neighborhood Centers. favor of the project were received. And these two This is the Raynor Ranch Overlay District. z3 letters that were received in favor is also the two i 2~ Aar as you can see, this 15 the location ~f the subject ~4 waivers that were obtained from those property owners, ~5 property that is before you tonight. And this Overlay Based on the cuteria in Subchapter 35.6, i 74 7~ District that allowed for the drilling and production of ~ which is the criteria for the Specific Use Permit, which 2 gas wells within the site or on this site was approved ~ the applicant rnet all the criteria of the Denton ~ avith X008-~8~. 3 l)eveiapmenf Code, the Rayzar Ranch I3rreriay District, and ~ And as we can see on this overlay concept ~ the Denton Plan. The Development Review Committee ~ plan, to the north of the subject site is --the s recommends approval subject to the fallowing conditions. s applicant of R~ayzor Ranch Development is proposing a ~ And I will go ahead and read the condi~ons for the ~ single-family attached and detached units to the north. 7 record. s And into the west is the proposed ofhces. And the same ~ Condition No, The approval of this ~ offices is being proposed the south. This is the ~ Specific Use Perrrrit shall eat grant any waiver to the ~o master plan for hand, And as we can reef this is the ~a overlay conditions approved with ordinance No. X008-~8~. ~1 location of the site, And this site is our only ti 2: The applicant shall install a screening proposed development as of now, 1~ fence on the entire site and a type D buffer on the f~ This is a site plan that was submitted by 13 portion of the property slang Bonnie Brae. This is a the applicant showing the wellheads and the access or i~ condition. The site plan currently does not show this f~ entrance to the site, The applicant ar the site type D buffer. This will be corrected before it goes to 16 plan, as seen here, shows one access tv the site, which Council. 1~ is going to be on Panhandle, This portion of Panhandle 3: The screening fence and type D, as is currently not constructed. But the applicant will 18 conditioned, shall be constructed within 30 days of time use that site temporarily. And this is the site 1~ drilling opera~ons are complete or during the first ~o location of the ~rellheads. ~o dormant season after drilling if approved by the City ~1 This isf again, another site plan. And the 21 Landscape Administrator. 2~ purpose for showing this site plan is there is a 4: If screening or landscaping is damaged 2~ 5U0-foot radius to the subject site. And the reason why 23 or removed during fracturing operations the appraisal 24 we're shaving this is because the Denton Development of the gas well shall be responsible for replacing the Plan requires the applicant of any proposed gas well to damage or removed portions of thelandscaping, . pi a~~~nin a~n ~nr~~i,,r c~~ss~o~ Jl1NE ~7. ~~~9 Pq~ 7~ t0 7~ ~f 11 ~  ..r:..... :<r... . ~v:....:... ~ The site plan, as submitted and shown ~ sa that we can drill the first uvell and prove it up. ~ in Exhibit 6, shall guide the developrne~rt ol: gas wells ~ Because all of it hinges on testing the first r+~ell, And 3 on the subject site, 3 Range is ready to drill and test that well as saran as ~ Thank you. And now it's time for ~ passible. ~Ne have a lease deadline and we`re trying to ~ questions, 5 meet that, ~ CHAIRMAN 1NATKINS: Mr. Cunningham? 6 COMMTSSIONER TFTOMAS: okay. Say that 7 MR. CUNNINCHAM: Just for a point of 7 you're able to drill in ~ZB days ~ clarification. If you would back up to the notification 8 MS. PATTON: T#~at's going to be too late, 9 map, please. luring your presentatFon you said that 4B~ 9 COMMISSTONER THOMAS; No. loo. T'm io notices were mailed. f~ thinking far out as a worst case scenario, actually. ~ MR. APPIAH: Yes. li But and you are. successful, You do find some good MR. CUNNINGHAM: Is that actually 44~ or pay. You ~Cnaw, how fang do you think it would take to 13 four? ~3 get t~1is thing out of being shut-in and having pipeline 14 MR. APPIAH: Oh, four. capacity, MR. CtINNTN~HAM: okay, 15 MS. PATTON; 1Nell, it's up to the third MR. APPIAH: I'm sorry. Four mailers were ~G party to put the pipeline in. ~7 sent out to four property owners, f.9 COMMISSIONER THOMAS: Fight. $ecdu~e ~,g MR, CUNI~INGHAM: Okay. Thank youF they're pipeline companies are separate from you. i9 CHAIRMAN IfYATI~INS: Is the person here that ~9 M5. PATTQN; Right, And, you know, neither wants to do the drilling? ~o the third party or Range is willing to start paying far x~ MR, APPIAH: Yes, The applicant is here. 21 right-af~way until we grave up this well. But nay best ~2 CHAIRMAN WATICII`IS: Okay. estimate would be six months. MS, PATTON: Oood evening. Mary Patton 2~ COMMISSIONER THOMAS: Okay. 7~ with Range Production Company. I`rrx the regulatory ~4 I~+1. PATTON: And I wanted to add to that z~ manager and a professional engineer if you have ~5 that our lease has a continuous operations clause. Sa, 8B ~ technical questions. ~ you know, we`dhave ~ make a decision pretty quickly. ~ CHATRMAN WATKINS: Okay, Jay? ~ COMMISSIONER THOMAS: Sur+~e. INel1, I mean, ~ C~3MMISSTONER THOMAS: Yes, ma'arrr. This is 3 yeah. But your can pay shr~~ in royalties ar~d cvn~nue ~ pretty soon to be a pretty highly-developed site. My ~ vn. ~ question and I think everybody's in support of the ~ MS. PATTOH: Well, T mean, shut-in 6 fact that we're able to drill and capture, you Know, G royalties doesn't make us any money. 7 some very clean gas. I mean lo~v sulphur y- hardly any 7 COI~MTSSIDNER THOMAS: Na. But 8 sulphur content ar if any from what I'm understanding. ~ I++IS, .PATTON: We would either be ~ And, you knave, we all need it right now. 9 COMMISSIONER TIiOMA: they da continue ~p But to say that, gas wells and ail wells, iD your lease, 11 vbviauiy, have some di~ere technical aspecFs. And ~.i ~+IS. PATTQN: Illlell, we would probably want ~z what how soon are we talking about a pipeline coming 1~ to continue the lease with operations, ~3 in if you are successful an the site? 1Nhich, you know, ~3 COMMISSIONEf~ THOMAS; Sure. i~ hopefully you are, M5, PATTON; Not with shut-in royalties. 15 MS. PATTON: 1IVe11, that would be the only ~5 COMMTST~NER THOMAS: Absolutely. I agree. 16 factor that would be delaying the pipeline would be a 16 I'm just saying with shut-in royalty douse in any oil 17 suessful test of the First well. f.7 or gas lease, you're continuing the lease because, ~8 COMMISSIONER THOI'~AS: Well, but, T mean, 18 again, you're not --you're not in charge of the i9 pipeline construction is not a quick and speedy thing, ~9 pipeline, I'm just wondering how long do you figure that you'll be 2Q M, PATTON: 1Nell, I'll just say that Z1 shutRin? And, you knave, pipeline construction 21 that's because all the ocher construction in that area thane 22 COMMISSIONER THOMAS: 1Ne're kind of going 2~ two conflict very easily. 23 around the troe. ~4 MS, PATTON: Well, that's why It is 24 MS, PATTON: not Range's process. ~5 critical that we get this permit as quickly as possible ~5 COMMISSIONER THOMAS; I know. ~i ~N~~~c ANE} ZDN~N~ CDf~~1iSi~N ,iUN~ ~na~ Page ~7 to 80 of ~ ~ ~  i M~. PATTOhI; I mean, our process to hold ! CHAIRIAI►i WATKYhiS; Do yap, have the drilling ~ leases is to continue operations. Nat to pay I mean, ~ rights tar the site behind Alberfison's? 3 we rarely pay in pay the shut-in royalty. M~. PATT'ON: Under Albertson's or ~ CO~MMISSICN~R THOMAS: Yvu lose money paying 4 CHAIRMAN WAT~NS: Behind Albe~tson's to 5 shut-in royalties, I understand. 5 ~e south of Albertson's G MS. PATTCN: So vie would be pushing hard 6 l+~S. PATT~N: Yes. 7 CQMMISSIDN~R THOMAS; That°s not my point. i CHAIRMAN WATI~INS: to the west of Denton 8 MS. PATTON: fvr sales. And S electric, 9 CDMMISIONER THI~MAS: Am ~ being vague? 9 MS. PAT~O~i: The way ~ understand it, we 10 MS. PATTDN: Na, You're not. Not at all. 1~ #~aue eve weir permitted. And we they da cover all ti I mean, you understand that it's 11 of that acreage, There are a couple of blocks to the i~ CQMI~IISIONBR TF~~MA I understand. 1~ east, and I believe Alhertson's is one of them that ~3 MS. PATTOI~: out of our control. Dut we ~.3 we're trying to secure lease on. But we don't need it 14~ would stark pressuring the third party to put the 14 in order to drill the five wells. 15 pipeline in because that means revenue far us. And 15 CHAIRMAN WATl~NS; Okay. Any other i6 paying shut-in royalties is not revenue. ~G questions? Okay. Thank you, ~„f CE}MMIS~~N~R THOMAS. Right. 19 MS. PATTUN. okay, ThaniC y0u• 1~ MS. PATTON: ~o it you know, it weuid be 18 CHAIRMAN WATKINS; okay. I'll open the f~ -i Range's intention ~ do everything that we could to 19 public hearing. ~ 4avid Williams. Have a card frorr~ 20 start sales. Not to be paying shut~in royalties. 2~ David. ~1 COMMISSIDNI=R THOlwIAS; Yeah. You don`t make ~i fi+lR. WII_L.IAMS: Hello. My name is David ~x any money if it's not going down the pipelines, ~2 Williams. I live at 8~9 Manley Street. I'm within 504 2~ MS. PATTON: The other thing we don't want ~3 feet of this proposed gas well site. ~4 to do is pay for down~r~e on rigs, And so if we enter ~ okay. I want to Know if there's coy past ~S into along-term contract with the drilling right, we ~5 precedents or denying drilling in Denton City or County. ~8~ 1 want it working. So the only thing I can tell you is t I'm sorry. I'm going to have to go through this fast, ~ that if we have a good well there, we want sales as soon ~ ladies and gentlemen gentlemen. 3 as possibfe. 3 Toxic gas n~leases. That's a t~ errrer~do~rs 4 COMMISSIONI*R THOMAS; But you feel like ~e ~ liability. dire potentials, harmful gas or liquid 5 pipeline company would be able to get on it relatively ~ releases to the ground water supplies to our drinking 6 quick so that it could Ue done ar~d it doesn't slow down G water, ground water contamination, noise. T any potential development on that sate? 7 I'd like to request a sound study of 8 lul5. PATTON: It's ort the drawing hoard, B four~hour intervals. 'Week day and week night, day and 9 They understand that it we have production there that we 9 night, week days and weekends, day and night. And ask ~D have several wails planned. And so they know there's is them to not exceed the exiting noise that's in this 11 commitment And they're just waiting for the first 11 area It's a resideni~al area, 12 sign. 5a I don`t anticipate that there will be a delay 12 Company record. Is there any are there 13 cn the pipelines part. I mean 1~ any unresolved complaints with the BB Better Business 14 COMiwtIS~QI~ER THOMAS: okay. 1~ Bureau, Chaml,~er of Commerce, Railroad Commission, or any 1~ IwlS. PATfpi~: they're dust like us. 1~ others with this pa~cular company? The company safety 16 Their opportunities are getting limited with paces now. 1~ record, company employee training records. Who's going tT And so if Lange camel to them with a project that's i1' to be monitoring these wells? You know what happens 18 going to ~8 when they frock? They use high pressure, right? And ~,g COM1~I55IOI~R THOMAS: Yeah. If you have a 19 that frock l~uid gets back this ha~ardaus liquid. ~ viable wail., they're going to want to service it. ~0 That's not just salt water. ~1 MS. PAT~'ON: Right. Then they'll be ready 21 liability potential. We've had eve x~ to lay pipeline. ~2 earthquakes in Ciebume in the last 12 rr~anths. Hasn't ~3 COMMI~SIDN~R THO{~AS: It still takes time. 23 been pro►ren either way yet what it's coming tram, but ~4 MS. PATTDN: YeS. ~ what da you think? COMM~S~ON~R TH4MA: Okay, Thanks ~5 Property value decreases, potential n~ nuu~~~r~ e~un ~nuE~r~ ~n~u~~~~n~ .i1~N~ 1?'. 20Q~ ~ ~ ~  f LI71t94111~7!'{F~CJ Lvl~rl~v VVM■,■■n-,P MM I• - ~ fatalities. Who's goif~g to pay for this? If the City ~ Because as soon as they hit that first well, they'll ~ is getting ar~y kind of royalties off of this` you ray be ~ move it down, drill another one Five wells. ~ opening yourselves up to potential liability, If you 3 CHAIRMAN WATiCINS: Five vwrells. ~ pass a zoning, if it were not for passing that zoning MR. ~ANGFQRD; Maybe, perhaps, they will go 5 and sarnething bad happens, you may open yourselves up to ~ book to the quarter-mile north where they're already ~ a mvr~etary liability. Think about that. ~ approved to drill on Bonnie Brae site and drill five ~ If it's sa safe, why don't we put one or ~0 ~ more. And we can have stereo in our house, About three 8 in the middle of the Raynor Ranch? The middle of it ar s years ago they were dulling behind Selwyn Schaal. And 9 by next to 35 Noah, in all the City parks, next to each 9 we could hear it inside our house day and night, The ~o and every one of your houses na disrespect intended io lights fr~otri those towers if you drive down 351, it ~,1 City Council members houses and maybe the mayor's looks like Christmas all night Ipng. That will be t~ house. ~z directly across the street from us. Who has the mineral right`s? Is it the City Df course you had the v~a~ver from the two of Denton? Denton County Raynor Ranch? If we're praperkies. They're both awned by out-of-town owners. 15 benehtting, we're going to increase our liability risk It's real houses, Write me a check, I`ll approve here And I don't think the banning ar~d Zoning and iG anything. I don't live there. There's a problem with . City Council can obligate the citizens of Denton to this 1~ the system when you can't have a public hearing for this is liability; however, each member may be civilly liable if ~.S amount of noise, this amount of light, and this amount 1~ they allow this. dust bringing this up~ And at the of pollution. Because they have to put that v~ater off 20 very least, I'd ask that you table this zoning request z0 somewhere. I've seen the pits they've dug around town zt anti! al! of these issues are answered, eisewhere~ CHAIRMAN WATiCIN: Have any questions? If they're in such a hurry` perhaps they 23 MR.INTLLIAMS; Sorry. T had to try to get 23 need to slow dawn and have a public hearing` and explain it out quick. to us ~rhat's going an in the neighborhood. Explain why ~5 CHATR~1Ahl VIIATKIN Thank you. Scott they're in such a hurry, And at the end. of that ~~ve g~ 88 ~ Langford. x wells, what's it going to look like? Why they're going 2 MR, tANGFORD: Evening. Scott Langford, I ~ to need soundproofing around their purrtping station 3 live at B~.U Sin#ey, which I don't ~Cnaw hoer to get 3 they`re going to put there for those bve wells, The ~ that up. Anyway there I go. The little blaok square 4 soundproofing they build around it will be at a lower 5 that David lives, ga across the street and back to the s level than our house is because it's a downhill slope, e north, that's me. ~'m about 54~ feet away from this, G That means all the noise will came right back to us. ~ 1Ne've recently been up with the ~ I'm not looking forward to the next S neighborhood before planning and Zoning for the S six months of ~4~hour-a-day, seven-day-a-week noise and 9 development of the corner proper`ty.there at Bonnie Brae 9 light in my house, It could save me on utility bills ~v and Panhandle. Been up twice, as a matter of fact, The ~D because I can probably just turn all my lights off and people that came in on that one promised to be goad open soy blinds, and I won't ever have to turn a light 12 neighbors. We had public hearings on that. Now we have i~ on. an 8,gD~-square-fast building. going in, whioh I can live ~3 I have been close to --around these with. I wish they would mow their grass now that things. They are noisy, They are dirky. The only 1~ they've got permission to da it because it's about is other thing I would ask is the site reap that I see, I'm four-a~half feet high, So I know how good neighbors go cancemed about the parking for their employees. That's ~7 with developers. a dirt read going in there, 1Nhen it rains, which it 18 Serious concerns mainly with this I uvill, T'rrt afraid the employees are all going to park an realize from talking to the developrr~er~t people, State of Panhandle and on my street. I would like a restriction ~o Texas oversees a lot of this. But I listened to the av that they don't park in any residential neighborhood ~s previous development having public hearings and so while they're working on this. That they're responsible ~2 farth~ Hadn't been word going through the neighborhood xx far providing parking off that. ~3 about this. Gas Weil is difFerent from a house, from an ~3 ~Ut I'd also like for It to be tabled for a office building. A gas well will have noise ~4 hours a couple of weeks. They can Dandle that because Baylor ~5 day, seven days a week, probably four of the six months. Ranch is not tu~►ed dirt in quite awhile except tv build n~~~~~~ Aga z~~~~~ co~~iss~a~ ~u~~ 2co~ ~ PaQe 8~ to 8~ of ~ ~ ~  i gg 91 ~ a concrete giant, Have a public hearing, and explain to f wells then tl►e wellheads have to beat least feet ~ the r~eigl~borhood ~-more than 2g0 feet away what ~ with a waiver from those residential structure owners. ~ we're getting into, I Know, I've seen them. I've 3 COMMISSIONER RYAN; okay. 4 heard them Thank you. 4 COMMISIOI~ER KING; Has the Nar1a, has ~ CHAIRMAN 1~iATKIN~: Thank yau. That's the ~ the have you talked to the applicant about parking? G total cards that I have, But is there anyone else that ~ Have y'all made arrangements for parking on the property 7 washes to speak for or against this item? This is the ~ versus an the public streets ~ public hearing, Is there anyone else that would llke to 8 M. PATTON; Yt's our understanding that 9 speak for ar against this item? ~ all City -.there would be no parking an City All right, I'll close the public hearing. ~0 residential struts. Our operations are all parking Discussion? Yes, Commissioner Ryan? would be 12 COMMIIONER RYAN: In the backup it refers CDMMY~IONER KING. I apobgize, I can't ~ to a residents being 23B feet, is that the are we ~3 bear yau Pram there. i4 talking property line to the site line? Are we talking ~4 i~+l~, PATTON; Our operations would req~rire 3~ from the gas well to the structure? ~5 #hat no parking would be anywhere except on the pad ~ 16 MR. API~IAH; It's property line to property i~ site, The initial pad site is going to be three acres. I ~.7 line. Not the wellheads. 17 COMMI55IONER ICING: Uh~huh, 18 COMMISSIONER RYAN: Okay, I~hat is da we i~ M~. iaA1TQN: And then after the pad site is i,9 know what the distance is from the wellheads to that i9 reclaimed after tl7e wells are drilled, it'll be I 20 residents' 2Q reclaimed down to two acres. And that will be all ~ MR. AI~PIAH: This is the information that Zt that's necessary far traffic to the well site. we had from the applicant in the --the radius is C4MMISSIOiVER KING; Okay. ~3 SOg-foot radi~,~. So I also measured and it was aver MS. I~ATTON; 5a we don't allow arty of our ~ 250 feet because the gas well plat is not going to be 24 contractors to park anywhere .except on the well site. 25 approved if there is any residential structure within 25 COMMISSIONER KING: Okay. gp 9~ 1 25D feet. ~o this the 250 feet that you see in the ~ M. FATTON; And we ~rnderstand all City z staff report is property boundary to properk~r boundary, ~ you know, every City that we work ire that there's na 3 And T rneasu+~d that with GIs, which ~s not a ~'ea! parlclrig outside. 4 survey. I~hat we have here 'from the applicant is 4 COMMISSIONER KING: okay. All right. 5 supposed to be the real survey. Them again, it was Thank you. ~ from property boundary to boundary. Not the wellheads ~ M. ~ATTON: Okay. 7 to the residential structure. 7 CHAIRMAN vi~ATKINS: Before yQU before yau ~ COMMISSIONER RYAN Okay. So we don't have 8 leave, I have a question. This has been an the plan 9 an actual distance known between that VUe just have 9 since the orrgir~al Raynor Ranch 10 MR. ApP~4H: Yeah, 1Ne don't have that. 10 MS, PATTON: Yes sir, And that's one ❑f the requirements. They're not going CHATRMAN VIIATKINS: And that's tin a couple to be able to drill if there's any residential structure ~2 of years going by arrd all of a sudden we need to drib. ~3 within DSO feet. !3 And I certainly am in agreement with the state law that ~.4 COMI~SSIONER RYAN: All right. And they 14 a person aught to be able to retrieve their minerals 15 from w#~at I read they can't build a residential within f.5 under their property, But when you look at the location 16 30D feet? i6 map, the site came right up to the houses and the 17 MR, ARI~IAH: 1Nell, the 3Q0 feet 17 people. And we're talking l`IVe wells, ~.S COMMISSIONER RYAN: So they can get closer 18 I have no problem with yau extracting the ~ to are existing house than what they can build a new t9 gas, oil, or whatever undernea~. And I realise you're 7A house? xv going to have to have a pipeline to take it out. It may 21 MR. API~IAH; These are the two ~i not be you, but it will be someone else, but I don't requirements. If the gas wells are existing before any understand with all the longhorns and with all the ~3 proposed development and that development has to beset 23 bushes out therein 4~.a ages the puce to drib i ~4 back a minimum of ~D4 feetr however, i# there is a 24 right up there by the park by the piaygraund where the 2S residential structure then before the proposed gas 2~ kids are, ~~~wr~~ AHO z~Nr~~ coh,~~~s~0~ ~uNE ~7.2~~s Pqe 8~ to 92 ~f 9 ~ ~  i ~ ~ 1 f~1S, PATT~N: Okay, I have an explanation ~ between the mineral interest owner and the surface owner ~ far that, ~ as far as haw they wanted to develop the surface ar~d 3 CHAIRMAiV vVAT1<If~S: Da you? Okay. Ill~ell, ~ still be able to develop the minerals. 4 fine, r'm willing to listen certainly. 4 ~HAIRMAfV INAT1CIf~1S: Iliaw, I understand. I ~ I~l$, I~ATTON: It's my understanding this ~ just it just looks like a whale Ivt of area. Tl~e 6 project has beers on the board since a previous operator ~ site backed up right against the houses are well, not 7 lacked at it. And at that time they made an agreement 7 against the housest but very claw to horases, And we do 8 with the surface owner of three possible drill sites, 8 realize that there will be a tremendous amount of noise 9 And, you know, if Range had one to go with thane, we 9 day and night. And I understand for only a shark period ~v would have cantirrued an SUP press where we would have ~v of time. But then we're doing times five wells. been asking far those three pad sites. MS. PATTON: flange has committed one of i~ But we've got crack-shot geology 12 the surface owners that was within 5a~ feet of our well 13 department, and they`ve narrowed it. down to where we f3 bores asked the question. And we lave committed that we only need one pad site so that we have tfte smallest are gang to put sound walls up during the drilling ~5 footprint as possible to develop these minerals, And operations. And it's not anticipated that we would have ~6 the way the Barnett Shell wanks is that yau need to any equipment during the production phase that makes any drill the wells from either a northwest to southeast i7 noises ~8 orientation or southeast tv northwest, 18 So, yau know, it's dust going to be during i9 ~HAIRfNAN 1NATICINS: okay. ~.9 the drlllfng and tracking operations. And we're going 1+95. f~ATTON: So we've --you know, we could ~0 to control the nose doting the drilling aperatiorrs with ~1 have either started at what is now the foot of these 2i sound wa11s. And the frock operations are limited to welts or started at where the surface is. And it makes ~2 daytime. 23 mare sense far us to drill free wells Pram this location z3 CHAIRMAf►1 V~ATl~INS: Can yau control that 24 and spread out to the northwest so that ore can develop somewhat on the (racking? zS all the minerals. So it was based an the geology and ~S M5. I~ATTON: We if 94 gb ~ based on having the smallest impact on the surface that ~ ifAiI~MAN ATICINS: That's a pretty goad ~ we've narrowed it down to this one surface location in 2 size engines and compressors driving that water in 3 oiler to develop alt the m"rnerafs, tfrere. ~ CHAIRM►~f~ WATfQNS: Okay. And you're f~IS. PATTON: I~Iell, the opentars you 5 drilling a mile deep? 5,80 feet ar something? ~ know, mast titles keep them cantair~ed to under 8~ G iHS. PATTON: I'm sorry? G decibels, And, you kr~aw, if we can't do that, then the 7 CHAIRMAN VIIATKIIVS: You're drilling to about ~ sound walls normally knock it down ~o decibels, and s 5,ZSD feet in depth? . 8 there should be no reason why we can't control it. Ike 9 M5. PA7TON: Yes, sir..Yes, 9 I said, the track operations are limited to daytime 10 ~I-IAIRMAN WATKIN: Okay, Okay. Thank you. 1~ hours, ii Any other questions? Okay. Thank you. I'm sorry. I ii HAII~.l~AN iNAT14I~1 gi€ay. Okay, Yes, Say? 17 just I assume that the Raynor estate kept these drill ~2 COMMISSIONER THOMAS: Got a question. I ~.3 sites and the mineral rights, and the people that were !3 know it depends on what kind of geology you find. I developing Raynor Ranch were a separate group, 1~ mean, you've already got samples and MS. ~ATTON: 1Nel1i they are. But when they i~ MS. PATTON: The seismic, severed the surface rights from the mineral rightsr f6 COMMISSION~f~ Tf~OMAS: Thank you. It's been 17 there were negotiations made between the people that i? so long, I've forgotten. But thane things don't always t~ were buying the surface so they could do their ~s read quite true, And I understand there's leeway per !9 development --and tf~ mineral interest owners. Y meanr 19 wells R- per well, How long da yau think that it's ?.o 'this is even be€ore Range came in here, ~0 going to take? Z~ So when Range came in, the surface the ~1 MS, PATT0~1: To drill and complete it? options for the surface locations were pretty much 22 COMMI~IONBR THOMAS; Yeah. ~3 deterrr~ined between liay~or Investment and Allegiance and, 23 MS. PATTON: It would be about three weeks ~4 yau know, maybe the Dark Horse operator was involved in 24 to drill it and a week to frock it it, also, But all those considerations were made 2S COMMISSIONER TI~DMAS: To track it. P~~N~ri~ Aga I~iiIII~G C~NIMISI01~ ~uN~ ~~as Pale 9 to ~f 1 ~ ~  i 1 MS. PATTON: and dr~li out the plugs and i something that the applicant may be willing to agree ta. ~ flow-back to get the test. So I'rn not going say that 2 B€~t I'll just read off some of these 3 it's a continuous mon#h, but it will be four weeks. 3 conditions tha# are allowable, Regulation and ~ C~I~Mi~IOi~I=R THOMAS: o yau'r~ probably ~ limitation of uses. Regulation of setbacks and spacing, ~ looking at about five months then? You're saying ~ regulation of fences and walls. Reguiroment tv submit a G 1N. PATTON~ I~at continuous, but yes, 6 development plat. Regulation limiting the magnitude of 7 COMMISSIONER THOMAS: R~ght~ ~ traffic generated. I know that in the Robson Ranch ~ CIS. PATTON; Yes, 8 for some of the gad wells there were some lirnitatians 9 COMMISSIONER TfiQMAS. Right. Okay. All 9 on hours of access. Regulation of points of vehicular iD right. Thanks. ~.D and pedestrian ingress and egress, Again, Robson Ranch 11 Ci~AIRMAN VIIATICINS: YeS, Commissioner RyaH~ ~i had some of that. i~ COMMISSIONER R1~AN: I know you're not i~ Regulation to sloe. Regulation of building ~.3 uired to, but with the ~proxirr~ity to the residential 13 n~aterial5r textures, colors, ar~d architectural features. i~ area, has there been any type of a meeting with the i~ Regulation of landscaping, including screening and 15 residents? You said you talked with the one person that 13 buffering where necessary to increase compatible of i~ had the house within the 500 foot and made sore promises fG adjoining uses. Regulation of noise, vibration, dust, i~ to them, But has anything been done for the residents ii odors, or similar nuisances, Again, you know, you could there to put them at eased is potentially have same specific decibel regulations if i9 MS. PATTON: It's my opinion that this 19 you felt appropriate or requiring the noise mitigation. 20 Overlay District has had Humerus .public heariHgs, And ~o Regulation of hours of operation. Conduct 21 that drill site has always been shown. Arid, you knows ~i of certain activities. Again, I #hink we had some of 2~ we're being delayed. And, you know, we have gotten the a2 that with the Babson Ranch properties. And I think z~ waivers from the people that have structures within ~3 there was a comment made tonight about hours of 500 feet the houses. And we're just reluctant to ~ operation for the drilling operations. That could be have neighborhood meetings more than that. 25 put in as a condition if the Commission wanted to gg ~~U i COMMISSIONER RYAN; Okay. And those are i recommend iti ~ 2 both rental property houses? ~ Regulation of the period of time within 3 MS. PA1"fOlw: I wasn't aware of that. 3 which the proposed use Shall be deoped. Rey~riatior~ 4 CHAIRMAN wATKINS; Okay. 4 of the duration use. Regulation of any environmentally ~ M~. CUNNINOHAM; You H~entianed the sound S sensitive areas allowed under Subchapter 7, Regulation 6 walls, It's my understanding that the sound walls that ~ of any site development condition permitted by ~ you spoke of are not condition of approval tied to the ~ Subchapter And such other conditions as we'll make 8 SlIP~ Are you willing to comrrrit to rnalce the sound walls 8 possible to the developing of the City in an orderly and 9 a condition of approval to the SLIP? ~ efl~icier~ n~anHer and in aacardanoe of this provisions of i4iS. PATTON: Yes, sir. iD this chapter that are reasonable, MR. CUNNINOHAM: Okay. Sa I thinit the idea of the Overlay with the i~ CHAIRMAN 1NATKINS; Yes, ferry? i~ Specific Use Permit what it really ethos is that the 13 MR. DRAKE; And that was getting tv the idea that the minerals carp be extracted as a matter of point that I was going to raise is that under Subchapter 14 right, you knaw~ in the City you knave, subject to it. . fi of our Det~►tor~ Development Cade it talks about the i~ At the very least, the minimum regulations employed by 16 Spec~ic Use PerTnits. And it.does allow for conditions iG the Denton Development Cade. But with the imposition of 17 to be imposed above and beyond the minimum conditions 17 the SUP requirement, it does open the dear to orrre ~8 associated with gas well drilling in the City to take 18 additional conditions of approval in order to protect ~9 care of neighborhood concerns, noise, light, pollutants, 19 neighboring uses if that's the desire of the Carnmissian ao traffic concerns, things of that nature. ~D to recommend that to the City Council. 2~ There are several examples that are listed, 21 COMMISSIONER THOMAS: ~er,ry? Z~ which could be imposed. And I know Mr. ~angfard spoke, MR, DRAKE: Yes, sir? and he talked about parking being a concern of his, COMMISSIONER THOMAS; Vve already have City That could potentially be imposed as a condition of it. ~4 ordinances that will not allow heavy mid to And from the comments, it sounds like that's probably heavy-we~ht trucks to be parked an a public street P~A~~:N~ ~o~~~~ ~oi~r~~ss~~~l ~uN~ ~~r. Page ~fi t~ ~ of 19 2 ~a~ ~o~ i~IR, DRAKE: Right. ~ the Railroad Commission will certainly let you know ~ COMMISIO~I~R TI~IO~+lAS: which on Bonnie 2 atr~t it. ~ Brae is that, So that does have to be parked on site. 3 MS, PATTON: Right. But the thing that you 4 Yvu know, so about ~e~ only vehicles that w~a~d even 4 did mention was limiting work hours, And it's a give or 5 possibly be parked an sRe --and she said her co ~ ny ~ take. You either have it takes a week to fuck a 6 had a regulation as far as, you know, their fluor h nds, G well because you're doing daytime only, yr you could do 7 drillers, tool pushers. Those guys. Would be thei 7 it in three days. And the way the City ordinance is, 8 personal vehicles, which are probably the sarr~e si as 8 it's daytime only. And we're agreeing to those 9 yours end mine. 9 restrictions. And you said that you gat a policy t t iD COMMISSIONER ICING: Would you have a 11 they got to park on your site, Sa I hype that that k t~ problem with parking being one of the conditions care of the parking situation that you were referri g 12 parking on sited we'd already talked about that, but 13 to. It did not? You don't believe it, I guess. i~ not as a condition. Would that be a problem if that i~ 1Neil 14 were one of the conditions? 15 MR. LANGI'ORD: Unless it's in writi g, I've i~ i~IS. PATTON: I mean, I think guys would get ~6 been there before. Like I said, I've got them righ 1f fired ii: they weren't parked on location. I mean 17 across the street from roe, so. 17 COMMISSIONER KING: So you wouldn't have a 18 COMMISSIONER THOMAS; In that ard, I ~.S problem with that? 19 would contact there's a City department that d ~ 19 M, I~ATTO~I; We don't have a problem with 2t~ with that. Okay. i've gotten those ernes before. ey it. 31 will take care of tfrer~rr. Believe me. 2i COMMISSIONER KING: Okay. Thank you very 22 MR. DRAKE. Illitell --and just to cla , I much, ~3 was not meaning to take an advocacy position on his, ~3 CHAYRMAN WATKINS: They have three acres. 24 I'n1 just merely wanting to make the Comrrrissian ware of ~4 CDMMISSIOI~IER KING; Yeah. Yeah. ~5 the option should they decide to da sa, I was not ~5 Cl'iAIRMAN WATKINS: Any other discussion? ~4~ ~ ~D4 i intending this to be a r~ecor~mendatian aS such, I 'ust i COMMISSIONER THOMAS: I understand the 2 wanted to make surd since there were some cone rns that ~ citizens` point of view. During dMlling operation, ~ were raised. And in light of the Chairrrran raising me 3 I've spend several nights orr the drilling, Acrd tt's. 4 additional concerns regarding this, that I wanted 4 it is loud. I know technology has changed, It's make sure that the Commission is aware of ~e o ions ~ probably nut as bad as what it was. We certainly never ~ available tv it. G had any sound deadening curtains, ~ CDMMISSIOi`IBR THOMAS; I Comm nd you on CHAYRMAN INATKINS: But I haven't ever had B agreeing to use your sound-deadening curtains v your S anybody come and tell me, ah, that's a whole lot better. 9 rig. That does help. It doesn't help when you're n 9 COMMISSIONER THOMAS: I know it's going to i~ the drilling floor because it still dust drives you nu i~ be anr~ying, I icr~ow what you're saying. And I know ii all the time, t~ it's going to be annayi~g. But it is for a limited i~ MS. PATTON: INeI~, I meant we are iz period. And, you know, ante they're shut-irr, there`s no 13 sensitive. When we see ~ i~ noise. And ther7 once, ]IDIr know, their production i~ COMMI$I(3NER THOMAS: Those g ys are paid 14 starts, there's a little bit of a whine. It depends on i~ to stand there, so that's their problem. 15 the choke that you're having to use. And that's way 16 MS. PATTON: And when we see we need to get 16 above my knowledge and abilities. But that's for people 17 waivers because we're wi~hirr 5~~ feet of a stru re, 17 a whole lot smarter. But, you know, there 1s a Ilttle 18 you know, we're not insensitive to the location of here 18 bit of a whine. But, generally, at a distance, it's not ~9 wells. t the only thing that I had a concern ab ut as i9 even noticeable. Did we close the public hearing? I ~0 far as the restrictions that you mentioned, as far s 2D forgot. ~i areas that corJld be covered is that, you k~row, I lieve ~i CHAIRMAN INATKIIdS: Closo the public that our application meets all of the ordinances a d hearing. i think I did. But if I didn't, I'l1 olose 23 State regulations, And I have no concerns about here z3 the public hearing. being any nuisance or ground water corttarninatio . ~4 CDMMISSION~I~ THOMAS: Dkay. Mr. Chairman, COMM~SSIQNER THOMAS: If there a problemr ~5 I'm going to recommend approval. I think skaff had ~E nnrnrrur~ ar~n ~~~irar~ r:t~r~r.~rnN JE1NE 2009 P~Q~ ~ ~1 to 1 Q4 Of 1 ~ ~  . 105 1D7 1 something that they want to say first. ~ integrated irr if that were the desire of the Commission, ~ MR. t1~li~INCHAM; Mr, Chaitrnar~, relative to ~ CAM~IISSICIVER THOMAS: I'm not against that, 3 the woad wail, staff does not have any specific ~ and I think that should be brought up in the meeting in 4 language drab tonight that would govern the sound wall. 4 between staff and the operator. 5 So in general terms, we would ask that i€ it's the 5 CHAIRMAN WATKII~S: Okay. Second G desire of tl'►e Comn~issiorr to recommend approval that ~ COMMISSIONER KING: Bz~t you mentioned that 7 recammerrd the recommendation will be stated in such a ~ staff would make every you might consider adding that 8 general relative to the sound will be stated in 8 staff would make even effort to make sure they`re 9 general terms that will give staff direction to add 9 available to l'rave that processed and done by the City iD condition relative to the sound wail that would addros 1~ Council meeting. ii the height of the wall, construction rrrater~als~ timing fi MR. CUNNiNGHAM: INe will. of construction, and the noise level beyond the sound 1~ COMI'~ISION~R KING: i would second that. 13 wall in tens of deciUeis. And staff w~~l meet with the 13 CHAIRMAN WATKTNS: Secorx! and a motion. 1~ applicant to fiarmulate those specific restrtions ire 14 CGMNiISSION~R THOMAS: Did his amendment i5 time for City Council public hearing. i5 COMMISSIONER KING: I snuck it in in a C~MMIYCN~R THOMAS: 111111, I belierre the ~G mumbling sort of way, applicant gave you some decibel ratings i7 COMMISSIONER ~`I-IOP+iAS: Instead of having to 18 MR. CUNNINGHAM: Right. 18 vote vn his amendment by parliamentary procedure I 19 COMMISSIONER THOMAS: during her 1~ would Tike to include what Commissioner King said in ~0 presentation, mine. ~1 SIR. C1~NNINGHAM, Rlgtrt. SOl~le dec~bei Zi C4i41MISSIONER KING. And I'd second that. ratings at the sound waN. 1r~e would like to Zook at 22 MR, CUNNIifiCHAM: Okay, And just to clarify 2~ those decibel ratings to see if they're acceptable, sa ~3 what Commissioner King said. The intent is to make sure to speak. In addition to the parking limitation being ~4 brat we don't delay beyond the sreduled City Council ~5 restricted onsite only. a.~ date. ~a~ X08 1 COMMISSIONER THOMAS: I'm trying to think COMMISSIONER KING: Exactly. My intent i5 2 how to formulate this now I wasn't quite finished when ~ that std doesn't accidently delay this to trouble 3 I recognized that you wire trying to give further ~ Range Production longer than the City Council etirrg 4 information, ~ you spoke of. ~ I'd like to recommend approval based upon 5 MR. CUN~IINCHAM: Right. And were in 6 the two conditions that were brought up concerning G agreement with that. 7 parking exclusively on the well site and using 7 CHAIRMAN V~IATI~NS. All right, I have a 8 sound-deadening equipment based upon the conditions that 8 r~otian and a second. Please vote orr the board, dour to 9 tyre applicant and the decibel ratings that the applicant ~ zero, 1o mentioned as is as can be in agreement with both City io ii staff and the operator, 11 MR, CUNNINGi+IAM: Just want to clarify that 13 these are two conditions in addition to the five 13 14 conditions that staff 14 15 CQMMISSION~R THOMAS; Oh. Thar}k you. Yes. 15 ifi o a thatTs total of seven. 16 17 MR. CUNNINGHAM ~ Seven conditions. 17 ~,8 Ci-IAIRMAN WATI~INS: Okay. That's in the 18 19 minutes and sa an. 19 ~0 MR. ~ltAl~E: lust --and, again, as arr ~o 21 alternative. And, again, I'm not trying to take an 21 advocacy position, But i want to make tl~e Commission Z~ ~3 aware that we do have Borne sound performance standards 23 24 in subchapter I2 that would be available for commercial ~4 z~ for industrial uses, rather, that could possibly be ~5 a~~fr~ ~n~n ~nr~~Nr; r~n~~~~~rn~ .~uN~ ~z. Paoe ~ ~ tO ~ ~8 ~f ~ ~ ~  :.:tir. M. ~ CHAIRMAN INATIQN~ All righty, That brings ~ us to our end of our agenda. Anyone have any f~Iture ~ 3 agenda items they would life to bung to the staff ar 3 j ~ the staff to bring to us? 4 ~ 5 C4MMIIO~I~R TH~MA: Yes. And I'm gaing ~ I ~ to need Jerry to help with this, vie had a canversatian G ~ not too long ago concerning sane language that involves ~ ~ ~ signage in the DCG. There is residential ~-there is S 9 residential language approved far the Dawntawr~ 9 Commercial General. But there is also signage 1~ restrictions that deal with signage in residential areas. Sa we have two parts of the Code that don't dovetail very well. And I'd like to get staff in the little bit of time that they have, which is Wane, to take a laolC at 1~ that and maybe get same olarifi~;ati~rt. BeCaI~S~ the ~.G 1~ whole City is going to mare o~ a Mixed,r~se idea. That's ~s been a big push since the l~evelapment Cede was i8 i9 installed. 19 zv In the dawntpwr~ area, they're trying to get ~o Zi residential in, as well as, you know, retail arld those 2~ 22 types of services. o. if someone was to have a home z3 business but it's in a DCG, currently it's I~nclear i'f ~3 they can even advertise their business, o Y think we ~ 25 might nel to work an that, 110 11~ ~ MR. DR~41CE: Yeah, It's and I am ~ ~ familiar with the question that was raised. It has to ~ 3 da rvtth the homeoccupations defintt~ans that are irr the ~ ~ ~entvn Development Code. And as incorporated by the use ~ 5 tables in subchapter ~ and the definitions in subchapter ~ 6 ttlere is there is an ambiguity and a seeming G ~ inconsistency that probably deeds some mote exploratiarl. ~ B R. CI~NNINGHANl: And just to piggy back an 8 ~ that. ~Ve are star is aware of the situatit~n that ~ ~D you're addressing. And tv take it a step further, we're i~ in the preliminary stages of looking at rewriting the 1~ entire sign Cede. 1 COMMY~I~I~ER T~DMAS: ~h, ol~y, MR. Ct1NNINGHA But that will come after is we straighten out the Parking Code. iG C~MMISi~NER TH~MA; And the Tree Code, ~G 37 MR, CUNNINGHAM: And the Tree Code, yes. ~7 ~,S CI~AIRMAN VI~ATKIN~: And Raynor Ranch. 18 i9 C~~MISIONER THDP+lA: And Ray~ar Ranch. t9 CHAIRMAN 1NATICIN All right. ~ wlll 20 . ~t consider us adjourned then at 8:07, zz (general Session adjourned at 8 ~ ~7 p,m.} z~ ~ 2~ Pu~WiN~ zo~~~~ c~~~~ssi~N ~uN~ 2oa9 ~aq~ ~ ~9 ~0 11 ~ of 1 ~ ~ s:lour d~cume~tsl~rd~nanee~1Q1~Q~-OOD~.~o~ ORDINANCE AN ORDINANCE ~F THE CITY ~F DENTIN, TEAS, APPR~~IN A SPECIFIC USE PERMIT T~ ALLY FAR SAS SELL DR.ILLIN AND PRDUCTI~N ~N PROPERTY LOCATED ITHIl~ THE TDwN CENTER DF THE RAY~~R RANCH DERLA~Y DISTRACT wITH A BASE ~~NIN ~F NEIHB~RH~~D RESIDENTIAL MIMED USED USE. THE APP~RATELY TREE ~3} ACRE SITE ~S LOCATED ON THE wEST SIDE OF BONNIE BRAE STREET, NORTH ~F SCRIPTURE .STREET; PR~IDINC~ FAR . PENALTY IN THE AIML ANI~UNT OF 2,a0~.a~ FAR ~I~LATIC~NS THEREOF, SE~ERABILITY AND AN EFFECTE DATE. ~5~9-~DO~ ~UHEREAS, on No~en~ber Z~aB, by ordinance ~~aS~~S4 the City Canal approved to amend the de~eloprrient standards for the Ryzar Ranch ~~erlay District by ,superseding, the previously apra~red Rayzar Ranch overlay District classification, and amending by supersedure Chapter 35, Subchapter 7.1 of the City of Denton Code of ordinances, "Der~ten De~el~p~nent Code?', `Special purpose and ~~erly District", and allawtng gas well drilling and pro~ductian subs ect to Clty Cvunc~l approval of a Specific Use Per~nrt; and WHEREAS, Range Resources Corporation., as applicant far the lessee of the mineral estate, has applied for a Specific Use Permit to allow for the drilling and productiop of gas weirs on approxhnately acres, legally described in Exhibit "A", attached hereto and incorporated herein by reference the "Property"} and as defined ~ by Exhibit "B" attached hereto ar~d incorporated herein reference; and WHEREAS, on June I ~~~9, the Planning and honing Con.ission concluded a public hearing s rewired by law, anal recarnmend approval of the Specific Use perrnit; and WHEREAS, the City Council finds that the Specific Use Permit, is consistent with the Denton Plan, Subchapter 35.E of the Denton Cade, and ordinance number Z~08~~~4 of the Raynor Ranch overlay District ; New, T~IEREF~RE; THE COUNCIL ~F THE CITY ~F DENTIN HEREBY ~RI7ATN. SECTION 1. The ~.i~dings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true, SECTION 2. A Specific Use Permit for gas well dr~.ll~n and operation far the Property, located within the Town Center of the Raynor Ranch overlay District, is hereby approved, subs ect to the fallowing conditions; I. The approval of this Spec~f is Use Pern~.lt shall not grant and v~a~~ver to the v~erla.~ conditions approved with ordinance No. ~0~~~~8~. The applicant shall install a screening fence alan the northern, southern .and western . ba~ndaries of the site and a type bnffer on the portion of the sits along Bannie~ Bray Road. i s:loi~ dacumentslo~di~ancesl~9~Sa~~O~~.doc The screening fence and type `l~' buffer, a conditioned, shall be constructed within a days after drilling operations are complete or planted during the fixst dormant season a~~er drilling, if approved by the pity f,andscape Administrator. 4. If screening or landscaping is damaged or removed during fracturing or refracturix~ operations, the operator of the gas v~ell shall be responsible for replacing the damaged ax removed portions of the landscaping. The site plan as submitted and shown in ~xhib1t shall guide the development of gas ~ue11s on the subject site. . Pr'1or to the issuance of a gas v~ell permit and the con~ence~nent of operations, the operator shall submit a noise management plan to the Development Review Can~rnittee far xeviev~ and approval, deta~lrn ho~v the equipment used rn the dnll~ng, completion, transportation, or production ~ of the wells can~plies with the n~axin~um permissible a~nb~ent noise levels. The maximum permissible ambient noise level shall not exceed ninety ~0~ decibels as measured three hundred ~~~4~ feet frarn the boundary of the drill . . site. 7. Prior to the issuance of a gas ~velX permit, the operator shall be responsible far establishing and reporting to the pity a continuous seventy-t~v haurprc-drilling ambient noise level. The seventy-two {7~} hour study shall include at least one tv~~enty-faun hour reading during a Saturday ar Sunday. The operator sha11 use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated nth drilling and production actrvlt~es located ether on or off site. S. The sound level meter used in conducting noise evaluations shall meet the American National Standard institute's Standard far sound meters or an instrument and the associated recording and analyzing equipment 'hich will provide equivalent data. . A citation may be in~n~ediately issued far failure to comply ~-ith these conditions. ov~evex, if the operator is in compliance with the approved noise management plan, and a violation stall occurs, the operator v~i11 be given tv~enty-four X24} hours from native of non-compliance to correct the violation firon~ an ideritired source before citation i~s issued. Additional extensions of the twenty-four ~~4} hour period may be granted in the event that the source of the violations cannot be xndentified after reasonable diligence by the operator, 1 The operator of the gas e11 shall instruct and ensure that employees involve in the operation of the gas v~ells park vehicles on-site only. S~TI~N 3, The Specific ~Jse Permit Plan attached hereto and incorporated herein by reference a exhibit "B~', is hereby approved for the Property described in the caption of this r ard~nance. ~~TI~N 4. A copy of this ordinance sha11 be attached to Ordinance 2a~S-~54, shamming the amendment herein approved,  Lm s:lou~r doc~me~~slordinat~~~sl~91s~9-0~6.do~ ~T~~~ S. ~f any provision of this ordnance air the application thereof to any person or c~rcurnstance is held invalid by any court, such invalidity shall not affect the vali.ty of other provisions or applications, and to this end the provisions of this ordinance are severable. E~~DN Any person violating any provision of this ordinance shall, upon conviction, be fined a surn oat exceeding ~,~~~,04. each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. ~T~~N 7, This ordinance shall become effective fourteen ~ 14} days from the date of its passage, and the pity secretary is hereby directed to cause the caption of this o~d~nance to be published Mice in the Denton Record-chronicle, a daily ne~rspa er ublished xn the i of p p Denton, Teas, within ten X10} days of the date of its passage. ~A~D AND A~~ROED this the ~ day of , ~~09. NEAR A. BURRD~~I, AYD. ATTEST: .TE~`ER A~TRS, ITS S~RETA.RY BY; . APPRC~~D A TD ~EC~AL ~`~RM: r AN~TA BUR~SS, Y ~d,, ~ ...r . ~w~ y~ . 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BACKGROUND The City of Denton (Parks and Recreation) has ownership rights to approximately eight miles of the former Missouri Kansas Texas rail right of way (ROW) as part of the Rail Banking program. The Parks and Recreation Department currently utilizes and maintains this ROW for the Denton Branch Rail Trail and the Water Department has an easement along the eastern boundary of the corridor fora 30-inch raw water line. Additional City of Denton utilities also occupy easements in this corridor. Denton County Transportation Authority (DCTA) is requesting the City of Denton to provide a perpetual easement in the corridor to allow for the construction of the proposed regional rail line between Denton, Highland Village, Lewisville and Carrollton. DCTA, City of Denton and representatives with Dallas Area Rapid Transit (DART) continue to negotiate terms and conditions of a proposed agreement that would establish operating rights of each entity accessing the corridor as well as preserve existing uses by the City of Denton relating to various utility and non-utility infrastructure. DCTA remains committed to initiating rail service between Denton and Carrollton by December 2010, necessitating construction activities begin as soon as possible along the corridor. City of Denton staff is recommending consideration of Amendment 5 to the initial 90-day Right of Entry and Possession (ROE) granted by Ordinance 2009-059 on March 3, 2009. A 30-day extension of the March 2009 ROE was extended by Ordinance 2009-118 on May 5, 2009. The ROE was amended by Ordinance 2009-149 on June 23, 2009 to expand the scope of construction to include construction activities permitted in Phase I of the corridor and extend the ROE for 70 days, terminating Tuesday, September 8, 2009. The ROE was amended on September 1, 2009 by Ordinance 2009-195 expanding the scope of construction activities to include both Phase I and Phase II and extending the term until September 15, 2009. The ROE was last amended on September 15, 2009 extending the term of the ROE outlined in Ordinance 2009-195 to September 22, 2009. The proposed fifth amendment calls for an expansion of the existing ROE scope of activities to permit general construction activities in the corridor within Phase I, Hickory Street to Shady Oaks and Phase II, Shady Oaks to Brinker, and Phase III, Brinker to Shady Shores Road. Initiation of construction activities will be contingent upon DCTA satisfying remaining Development Review Committee comments relating to construction plans recently submitted to the City of Denton. Amendment 5 proposes to extend the term of the ROE to 5:00 p.m. on November 6, 2009, 45 days, to coincide with the Letter of Assurance from DART dated August 28, 2009, attached as Exhibit 2 to this document. The September 22, 2009 City Council Agenda posting for this item provides the Council full latitude to either expand, contract or otherwise amend the terms and conditions of the existing DCTA ROE. At the time this document was prepared for distribution to Council, DCTA had not provided final documentation with respect to the Development Agreement, the 2.5-percent Inspection Fee, the Performance Bonds and responses to Development Review Comments outlined in the September 1, 2009 ROE. As part of the Council presentation on this item, staff is available to review and outline the status of each of the items referenced above. PRIOR ACTION/REVIEW Ordinance 2009-213 dated September 15, 2009 extending the term of the agreement outlined in Ordinance 2009-195 to September 22, 2009 (seven days). Ordinance 2009-195 dated September 1, 2009 expanded scope of activities to include Phase I and Phase II and extended the ROE by 14 days. Ordinance 2009-149, dated June 23, 2009, extended the ROE by 70 days to September 8, 2009 and expanded the scope of permitted construction activities to include Phase I of the corridor. Ordinance 2009-118 was adopted on May 5, 2009 extending the original 90-day ROE entry by 30 days. Ordinance 2009-059 was adopted on March 3, 2009 providing DCTA a 90- day Right of Entry and Possession to conduct limited pre-construction activities. Staff briefed the City Council on the proposed perpetual easement for the corridor during Closed Session Meetings on February 17, 2009, March 3, 2009, April 7, 2009, April 21, 2009, May 5, 2009, June 16, 2009, June 23, 2009, August 4, 2009, September 1, 2009 and September 15, 2009. OPTIONS 1. Do not extend or expand the existing ROE. 2. Extend the existing ROE permitting construction activities only in Phase I and Phase II. 3. Approve the proposed extension and expansion of the ROE as presented by staff, to include Phase I, Phase II and Phase III. 4. Provide staff with additional direction. Page 2  v FINANCIAL The proposed agreement will require DCTA to submit a sum of $10.00 to the City of Denton in consideration for the right of entry and possession. EXHIBITS 1. Draft Ordinance and ROE 2. DART Letter of Assurance, August 28, 2009 Respectfully Submitted: Mark Nelson Transportation Director Page 3  v s:laur ~ocument~lordinances1~91dc#~ roe rail ~~n~ amended ~~22~~,~oc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEA., AUTHDR~IlVG AND DITING THE CITY MANAGER TO EEC[JTE AN AMENDMENT TO EXPAND THE SCOPE OF ACTITIE AND EXTEND THE TERM OF A RIGHT OF ENTRY AND POSESION DATED MARC~I 3, ~a~9, A EXTENDED ON MAY 5, ~~0, AS EXTENDED AND EXPANDED ON JANE 0~9, A EXTENDED AND E~FANDED ON SEPTEMBER I, ~~~9, AND AS EXTENDED AND EXPANDED ON SEPTEMBER 15, 20a9 IN FAVOR OF THE DENTON COUNTY TRANSPORTATION AUTHORITY ~DCTA} ~ .AIJTHORI~ING DCTA TO ENTER ~J~PON AND TAKE POSSESSION OF CERTAIN REAL PROPERTY OF THE CITY OF DENTON FOR THE PURPOSE OF PERFORMING ACTIVITY A DESCED fN ATTACHMENT "A" HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Den#an, Texas i~ a Hae~Ru1e pity and a 1Vlu~ici~al Carparatior~ ~herea~er "Grantor"~, and cl~,i~ns an interest in and to the follaing described tract of land: BEING all that certain tat, tract, or parcel of land described ian that certain quitclaim Deed from. Misauri Pacific Railroad Company to the City of Denton, Texas dated August 9, 19~~, and filed on August Z4, I9~, as Clerk Na. 93-R~a58485 in the Real Property Records of Denton County, Texas; and a~sa being that same prap~erty described in that certain Correction uitc~ain~. Deed, dated June 1, 20D1~ and filed far record in the Real Prvpert~r Records of Denton. County, Texas as Volume 4~7, Page 0~~~ f ~hereaf~er the "Property"} WHEREAS, the Dentan County Transportation Authority ~hereaf~er "DCTA"} expects to acquire an ea,sem.ent in the Property from the City of Dentan, Texas for the purPase of constructing, operating and maintaining DCTA's passenger rail line the "Project'} .for approximately eight miles, extending sauthu~ard through the City of Dentan, and much of which easement tract lies v~ithin the City of Denton, Texas; and IEREAS, the City of Denton, Texas expects to grant unto DCTA. a perpetual easement upon reaching acceptable terms of agreement, in order that DCTA can x.mediately can~mence preliminary constarructian acti~rities an the above-referenced Pray ect; and WHEREAS, DCTA needs innnediate possession of the Property in order to prepare the . Praper~y far DCTA construction activities, pending final negotiation of the terms of the easement with the City of Denton and the Dallas Area Rapid Transit; and WHEREAS, bath the City of Dentan and DCTA recognise the urgency of ca~nn~encin construction an the Pra j ect as soon as is reasonably passable} and ~IEREA, an March X409 the City Council adopted Ordinance No. ~4a9-a~ authari~in the executiar~ of Right of Entry and Posesian to DCTA; and WHEREAS, on Nlay , ~a09 the City Cau~acil adopted Ordinance No. 2a~9-i 1 S extending the expiration of the Right of Entry and Possession far a period of ~ days from the date of expiratxo~. set forth in Ordinance No. ~~9~0~; and  i s:lour dacurnentsl~rdinances11~91dcta roe rail ]ine ~men~ed U9~2~9.doc ~EREA, on June ~3, ~a4 the pity council adopted ~ Ordinance Na. 209-149 expanding the scope of activities and extending the teen of the said Right of Entry and Possession until epten~ber a~9; and ~EREA, on September 1 ~ aa9 the pity council adapted Ordinance No. 20a9-19 expanding the scope of activities and extending the term of said Right of Entry and Possession through eptenlber 1 , ~a0; and HEREA, an eptembe~r 15, Z0~9 the pity council adopted Ordinance Na. 2a~-~ ~ extending the term of said Right of Entry and Possession through September Z0~9; and V4~HEREA, the Oity ounci~ deems it to be in the best interest of the pity to execute an amendment to expand the scope of activities and extend the term of the said Right of Entry and Possession in favor ofDTA through Noven~bar G, 209, at S:aa p.n~.; NOS, THEREFOR,. TI~~ ~O~CTNII~ OF THE QTY OF DENTON HERESY OR~]AIN: ETON 1. The pity Manager, or his designee, is hereby authorised and dixected to execute a Right of Entry and Possession far the above described property in favor of DATA. A copy of the said Right of Entry and Possession is attached hereto as ~.ttachment "A" and incorporated herein for all purposes. SECTION 2. The authority granted DATA pursuant to this .Ordinance sha~~ be conditioned upon DTA's can~pliance with all applicable federal, state or focal ~las and regulations rncludrn, but not limited ta, any and all pity of Denton mandated standard requirements, procedures and processes far Qbtainin permits prior to the commencement of and ~ activity authorized herein. Failure to campy with alb such requir~nlents~ including the obtaining of squired permits, prior to the commencement of such activities shall cause the immediate suspension of all authority granted DT. pursuant to this ardin,ance. SECTION 3. The authority granted DATA pursuant to this Ordnance shall extend through November ~0~~, at 5:~a p.n~. aver v~hich date all authority granted herein sha~~ cease and this Ordinance sha~~ be of no farther fo~ee and effect. SECTION 4. This Ordinance sha11 become effective immediately upon its passage and apprQVal. PASSED AND APPROVED this the day of , COQ. MARi~ A. ~URROUC ~I S, ,~YOR Page 2 of3  LOM s:lour document~lordinances1091dcta roe rail line amended Q~~2~9.doc .~TTET: J~NER ~~TE ~T~ ~R~TA~Y r BY: A~P~V~D A T~ LECA~ F~l~: Al~ITA ~U~CE , CITY ATT~~NEY BAY: tae 3 v£3 s:lour dacumentslco~trac#s1~91dc~a roe at#ach a ~9~209.doc ATTACHMENT A RIFT ENTRY' AND P~~~N TATS ~F TEA } . } N~~V ALA MAN D~ ~'~EE PR~~NT: ~~JNTY ~ D~NT~N } . w~~R~A, the City of Denton, Texas is a Home-Rule City and a Municipal Corporation ~hereaer "Cit~'~, and claims an interest in and to the following described tract of land: BEING all that certain, lot, tract, oar parcel of land described in that certain uitclain~ Deed from ~Vlissauri Pacific Railroad Company to the City of Denton., Texas dated .ugust 9, 1993, and filed on August 2~4, 199, as CX~erk No. 9WROO58485 in the Real . Property Records of Denton County, Texas; and also being that same property described in that certain Correction nitclaim Deed, dated June 1, Zo~l and fled far record in the. . Real Property Records of Denton C~o~nty, Teas as ~ol~.e 4857, Page ~~~2~ thereafter the "Property"~. w~IEREA, the Denton County Transportation ,authority, a coordinated county transportation authority created under Chapter 4~~ of the Texas Transportation Code :ereaf~er "DCTA"~ expects to acquire an easement in the Property from City for the purpose of constructing, operating and maintaining DCTA's passenger rail line the "Proj ect~~} for approxirnately eight miles, extending onthward through tlae City of Denton, and much of which easement tract lies within the City of Denton, Texas; and w~IEREA, City expects to grant to DCTA a perpetual easement upon reaching acceptable terms of agreement with DCTA; and wH~RA, DCTA needs immediate possession of the Property ~n order to prepare the Property for DCTA construction activities, pending final negotiation ofthe terms ofthe easement with the City of Denton; and WHEREAS, both City and DCTA recognise the urgency of commencing construction on the Project as loan as is reasonably passible; New THERE~`~1, for and inconsideration of the sum of TEN D~L~,AR ~1 ~.0~} and other good and valuable consideration to it in hand paid by DCT.~, the receipt and sufficiency of which rs hereby acknowledged and confessed, City grants to DCT~. the right to eater upon the Property, the right to rerr~ove in~provernents, if any, with which the Property is encumbered, and the right to possession ofthe Property for Project purposes. Page 1 of 4  L This grant a~` right of entry and possession is conditioned upon the following: 1. DCTA nay perfarrn pre-construction surveying upon the Praper~y, such as activities of sur~cy crews and pick-up trucks; and 2. DATA. may instal erosion control, such as erection of silt fences aizd the installation of construction entrances; and 3. DCTA may conduct limited clearing and grubbing on the Property, such as cutting and mulching vegetation, and removing stumps, roots, and debris. Any clearing and grubbing activity scheduled on the Property shad be subj ect to the fallowing: a. A plan for the work shah be prodded identifying locations, means and n~ethvds, a listing of contractors with contact information. along with a schedule of who, when, anal where the work will be done. b. Communication with City of Denton personnel that will be Inspecting or n~onltanng this work grantee ar Grantee's agents shall ~n~t~ate noti~icatxon through Alberto IJopez with Denton water Utilities at X940} 391-SG~2. c. DCTA wi11 provide a paint of contact with the DCTA for corn~nunication, coordination and claims resolution. d, Clearing and grubbing of trees within the feat of the eastern boundaary of the Property shall be limited to chain saws and stump grinders to avoid disturbance to add scent underground utilities. Y 4. DCTA may conduct pot haling of utilities through coordination with the Denton water Utilities subject to the following: a. A plan far the work shall be provided to City identifying locations, means and rn.ethads, a l~sting of contractors with contact lnforrrzatlon a~vng with a schedule of who, when, and where th.e work will be done. b. ammunication with City of Denton personnel that will be inspecting ar n~onltorrng this worm. Grantee or Grantee's agents shad initiate natif~cation through Alberto ~apez with Denton water Utilities at X940} 391-5~~2~ c. DCTA will provide a point of contact with the DCT far connnunicatian, coordination and claims resolution. . DCTA nay perform construction activities in Phase ~ anal Phase Z~ of the corridor, ~ickary Street to Shady yaks subject to the conditions listed ~ Yten~s , 7, and S below. The limits of Phase ~ is demonstrated in ~~hibit lA and the Xin~its of Phase II is demonstrated in Exhibit F Page ~ of 4  i This Right of Entry ar~d Posses~ior~ half ~e valid and effective through l~ovenxber 6, 209, at 5 : p.~n., therea~er it ha~~ terminate and b of no further fore and of feet, i ~age~of4  Lm _ - ~ , ~ ~,,,c~f. Ch- ~ iC: - , r-- - ;aJ ~~~r~nn PI~~~~~~ 1 .y ,r. rr~~~~~~~r,~ I~in t yn'~~r ~rr~~~r~r I~~~~~ t i~r~r~ri - } ~:w r, 4,a r- 'F:~1. ri i r~~ ! 1~~~~~ ~~111C~iL.~.41i ~il~f~ fi.,1i 174.,~9~~.T.~1~ -J T~r~~p~>'*r~r ~;I~ir~~ ~t dill _ _ 5, n - f w _ h `k' J. 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'"1 i ~ ~ - r' - ~ - - r r. - _ _ t.. r1 ~J U.9 tir.Y _ 1 ~ ~ I i_. i If ~,i ] I _ J 1i >J °"v ~y uJ ~ - .r ^u n~~~. S y• t ' o~ 2 - rti s L.J i:l, ~ - ~6 _ ~ , , • < if ~ ~ _ _ Tl _ _ _ _ ,f L r , ~ _ - ' i - - C lr L' i _ I la _ ,`fir. 7. Ci. 1. _ eS _ r n s I I _ Cam: I I - ~ I a a _ ~ -I 11 ' - - - ii L-J L r - ~ = i _ 7' - - r w: - ~ X _ . - •f~ _ tl a. i ~i •,FI J, r~ ri w' ::1 rl ~~7 I - '.N? } _ ~ 11_ y C2 rig " _ d 1 ' } _ ~a~ _ - i= ] - _ 6".'. I - J _ u" ~ u-, C ri ~ ~ ..r ~I i ~ ~ d _7 :a r } f I r, ~ X _ r ' _ ~ i ~ _ - 'A ~ .'fir ^ Cli 1 I ~ - d F . ~ „L' I ry t I W .,i C<I I l ~ _r) - 1 L - - r l" ` i•;l ~J; l I _ I f.,. Il ~ r, .a 1.- r rl zj r 7,. ~ r ~ ~ ~ ~.l Ir. _.L l I ;,q LL ~ ,I I.. L„ r - - - I i i..'' - a ~ 6 rY l ;Z IZ C .L "'J' " f ~ I ~ rl rl l!Y I rl i r~: r ~ f ~~7 _ (),I i ~ ~ 1 i - - ' ' ~ L_ I Lr I~7 = I6.d _ ! I L :.7 ~Li _ ~ I I i I I (U I , CI L J ~ ~ ,t M~~µ;~' s*M1t ls'~`,r~v~h,^4^3+~m ...gym rv,u i~' '>'F',i uv- p, I - ~k~y]+~"~j1'.~~ iddM>£t7l:~i~'~sE~i ~n .,,,~~~,a t~ ~ '  I I i EXHIBIT 3 listed belovu is the car~pilatian of the outstanding Ullater and evuer comments far work in the `r~hase I"area. VII Clearly label exiting and propa~ed v~rater lines on the Electrical Service far CIl Central Instrument ~acation~ sheets, and confirm na conflicts Frith CIA's. Clearly label existing and pro~pased water dines an the Craning Gate layout ~heet~, and confirm no conflicts with crossing gate. . Sheets T-DG Typical Signal Foundation Installation}, T-a {Typical Bracket Mast Signal Foundation Installation, T-1~ Typical Crossing Gate Foundation installation}, T-13 Typical Cantilever Faundation Installation ~2 to Foot Main Army, and T~~.4 and T-~.5 Typical Cantilever Faundation lnstallatian ~ to 44 Foat Main Army show general foundation requirements with unknown impacts on City utilities. Engineer of Record needs to provide dr~v`ringsv~rith sufficient detail to address site-specific conditions. These drav`rings must be submitted to City, to facilitate reviev~r of impacts on existing City utilities. 4. NearSta ~aD5+8S, shove existing uvater lines ors Traffic i.gnal Design sheet, and confirm no conflicts. 5. NearSta 243D, 5tatianing an profile view is incorrect, G. NearSta ~B4D, Intersection layout sheet indicates that a portion ofMarse St. v~rest of the tracks will be excavated over 1.5'. Shaw existing v~rater line in profile an this sheet sQ that preservation of adequate cover can be confirmed. Shaw existingwater line in drainage layout profile. ~n Intersection Layout, is PT No 1 elevation incarrect~ 7. NearSta ofi~~~7, show existingv~rater Iines on Traffic Signal Design sheet fat interjection of Bell andSycamare},and confirm nocanflicts. S Clearly lobe! existing and proposed sewer lines an the Electrical Service for ~Il Central Instrument ~ocatian~ sheets, and confirm na conflicts with CIL's. clearly label existing and proposed seuver lines on the Crossing Gate layout sheen, and confirm no conflicts vuith crossing gates.  i Sheets T-D5 Typical Signal Foundation installatian~, T-CDR {Typical Bracket Mast signal Foundation installation}, T-11 Typical Crossing date Foundation installat'ron~, T~~3 {Typical Cantilever Faundatian Installation 1~ta 2G Foat Main Army, and T-14 and T-~5 Typical Cantilever Foundation Enstaliatian 3Gta 44 Foat Main Arm} shave general foundation requirernents with unknown impacts on City utilities Engineer of Record needsta provide drawings with sufficient.detail to address site-specific conditions. These drav~rins rust be submitted to City, to facilitate review of irnpact~ on existing City utilities, . . 4. Near~ta 2a~~~85, shove existing sevuer lines on Traffic signal Design sheet, and confirm no conflict vuith new mast ar~n poles. 5. Neer eta ~D4Q, Intersection layout sheet indicates that a portion of ~Ilorse st. west of the traclCS will be excavated aver ~..5'. ~ha~r existing sewer line in intersection Profile so that preservation of adequate cover can be confirmed, 5. Near sta ZDG+27, Shaw existing sewer lines on Traffic 5ignai Design sheet {at intersection of Bell and ~ycamore~, and confirm na conflicts. Dra~na e ~enerai 1. Type II rainfall distribution shall be used for all hydrologic madels. Z. Provide input and output printouts afall HEC-RA5 models. 3+ Pravidesummaryinputand output of all hydrolagicmadeiing. 4, 10~~year vwrater surface elevations farti►e bridges as printed on the construction plans should match crass section atthe upstream face of the bridge. 5. Provide Flavdway models for Revised Existing {Pre-Project} and Post-Project conditions far PEC-4. Additional can~ments may be issued upon receipt and review of requested data and madels. 7. Provide runoff and starer pipe calculations far all culvert profiles. S. There are rr~uitipleculvertsthatarenat profiled and utilitycrassings are natshawnan storm drain profiles alangstreet intersections. 9. There appears thatthere are existing culverts that crass the existing rail that are not shown an plan and not addressed.  Lm 1Q. There is genera! concern over numerous flat longitudinal slopes far bath proposed earthen and concrete swales along the DCTA RODU. Nia~se Cree~C 11. fee general comments. 12. Lag tunes, Runoff Coefficients, etc. could not be found ire Appendix B 13. Stream profile for lVlorse Creek does not include the Pedestrian Bridge. 14. ~.aa-yearwater surface elevations forthe bridges as printed on the construction plans should match upstream face of the bridge. 15. ~BO~yearvuater surface elevation ~ws~L~ at the upstream face ofthe railroad bridge is ~1~.~7 under proposed conditions rhich is less than ~2 inches from the low chord elevation of ~1~.SG and does not meet City of Denton clearance requirements between X00-yearINSELand Low Chard. 1G. Two cross section plats were found in the document far X218 and 1~5~. Cannot determine vuhich cross section is correct. 17. Show bath sides of the DCTA R~IIV line to determine if proposed grading is contained uvithin the R~11~. stream PE~4 1S. See general comments 19. A grading easement from private property needs to be acquired prior to construction. Provide recorded documentation of this easement. Transportation general Comments; 1. City Tra~~ic Signal Specifications and Schematics are riot attached with this submittal. The applicant is required to submit a written agreement far reviev~r by the City with regard to ~ cress rights by DCTA to City signal contra l I e rs~ca bi n ets. The applicant is required to submit a v`rritten agreement for revievu by the City with regard to maintenance of pCTA equipment located inside CAD signal control lers~ca binets. 4. The applicant is required to submit a v`rritten agreement for reviev~r by the City uvith regard to maintenance of rail and bike path signage. The applicant is required to submit a written agreement far revieuv by the City with regard to maintenance of street and bike path pavement markings. G. The applicant is required to discuss with the City v~rith regard to right-of-way acquisition farthe proposed signal equiprr~ent at the intersection of Bell Avenue and Sycamore street din private property}, . 7. The applicant is required to discuss with the City with regard to pre-eruption pane! design within City signal cabinets.  Lm S. The applicant is required to submit a written agreement far review by the City with regard to maintenance of DCTA electrical conduit uvithin City R0111f, 9. The applicant is required to discuss with the City uvith regard tv acquisition of . temporary construction and slope easements. ~a. The applicant is required to discuss with the City with regard to proposed gate locations conflicting with future pavement widening of unin~tproved streets and~vr sidewalks, The applicant is required to discuss with the City with regard to all in-kind replacement of existing sidewalk that does not comply with COD width standards. 1~. The applicant is required to discuss vuith the City with regard to extension of rail . pads toaccammodatefuture pavementwideningofunirnprovedstreetsand~or side~nralks. The applicant is required to discuss with the City with regard to placement of ~u~ture trailblazing signs forthe DCTA rail stations upon extension of MedparkStation and T}~DOT i-35E irr~pravements. 14. ADA ramps are not required far sidewalk connections to the proposed bike path. ~5. All City ADA ramps within public 801111 is required to be COD Tyke ~ ramps. Include a note on all "ICNIN AND STRIPING PLAN" sheets to state "City of Denton specifications shall take precedence vuhere conflicts betvueen plans and attached City of Denton specifications occur. ~.7. On all Signage and Striping plans, please provide additional information as to what type a~ existing signs are proposed to be removed f re~lacated: . sheet ~-G8~ ~D~JN~AN STREET INTERECTI~N LAY~UT~: 1. The Kerley Street right turn lane onto Duncan Street does not appea~rto allow larger vehicles to avoid encroachment into the appositetraffic lane. The City will require . either a compound radius ar a right turn configuration at Old US Hwy 77JShady Shore I~aad see sheet C-~54~~ fiheet ~-fiS2 ~IVI~RSE STEET !lVTERETlC~N LAY~UT~: 1, Install two barrier #ree ramps at the northwest corner of RobertsanJll~orse Streets. 2, Adjust the barrier free ramp on the northeast comer of Robertsonf IVlorse Streets to line up vuith the ramp located across the street on Robertson, . 3. Provide surmountable curb and traffic-worthy pavement to allow large vehicles heading . westbouad slang IVlorse Street to make the right-turn ants Robertson Street. sheet -~S4 ~RO~ERTSIU STREET INTERECTID~I LAY~UT~~: The City vuill require a compound curve at the northwest canner of ~acksanJRobe~rtson Streets to allow larger vehicles traveling southbound alan~ackson Street to make the right-turn onto Robertson Street. 2. The City uvill require that the northern bike path ramp onto Robertson Street be squared off at the street in lieu of a 5-foot radius connection. sheet C-fiSfi {E~1~T PRAIRIE STREET INTERSE~TI01~ ~.AY~UT}; 1. have the existing easement for the bike path on the north side of East Prairie Street where it encroaches into private property.  Lm Sheet C-fiS {SYCAIVI~RE STREET INTERSECTION LA~f~4~T}: 1, Provide additional inforrr~ation on v~rhatthe bike path ramp on the north side of Sycamore Street is connecting to. . Sheet C~157 {SHADY DABS STREET SIGNING AND STRIPING RIAN~: 1. This sheet~as not included with this submittal. Sheet ~-75~ ~M~RSE STREET SIGNING AND STRIPING PIAN}; 1. Stop bars are required to be ~~-feet from the street intersection. Remove the crossv~ralk at Robertson Street. , Relocate the cross~ralk at Morse Street to the uvest side of Roberson Street. Sheet C-7~~ {ROBERTSON STREET SIGNING AND STRIPING PLAN: 1. The applicant is required tv discuss vuith the Cityv~rith regard to ~rhythe proposed rail gate arms are blockinthe bike path crossv~ralk. Sheet ~-84 {BELL AVE AT PRAIRIE STREET TRAFFIC SIGNAL DESIGN: 1. Insert a note stating "This signal to be removed orr[y upon approvai of the Prairie Street closure by the City of Denton". Easements: . The following easements need to be acquired prior to construction. Provide necessary recorded documentation to the City prior to construction. Slope Easements: 1, Morse Street: Forth side o~ road ray, on east side ofi DCl`A ~~I1U Temporary Construction Easements: 1. Morse Street: South side cf road ray, on west side of DCTA R~UIJ Robertson Street: North sideof.roadvuay, on eastside ofDCTA R011~ Grading Easements: . PEC-4 Bridge 2. The remaining bridges did not show bath sides of the DCTA R~UUto verify if additivnai easements are needed,  ~ i Listed below isthe compilation of the outstanding 111later and ~vver comments forwork in the "Phase II"area {shady yaks to Brinker}. Il~~ter 1. Clearly label existing and proposed water lines on the Electrical service for CIL {Central Instrurr~ent Locations sheets, and confirm no conflicts vuith Cll's. 2. Clearly label existing and proposed vwrater lines on the Crossing date layout sheets, and confirrn no conflicts with crossing gates. 3. sheets fi~oG Typical signal Foundation Installation}, T-~S Typical Bracket Masi Signal Foundation Installation}, T-11 Typical Crossing date Foundation Installation, ~`-1 Typical Cantilever Faundation installation to Foot IVlain Arm}, and T-14 and T-~5 ~~`ypical Cantilever Foundation lnstallatian 3Gta 44 Foot Main Arrr~}show general foundation requirements with unknown impacts on City utilities, Engineer of Record needs to provide drawings uvith sufficient detail to address site-specific conditions. These drawings rust be submitted to City, to facilitate review of impacts on existing City utilities. 4. Sta. ~92~~15: The proposed construction appears to possibly be in conflict v~iith the existing 1Z" v~rater main. Provide an additional cross section for this location, shov~ring existing lacatian and depth ofthis main so that canflicts can be identified and the improvements redesigned as necessary. . 5. Sta 193: Bike Path Profile shows the flav~rlines of the proposed ~-~4" and the ~~"~to each be several feet below existing grade. Pothole RILL in this area to confirm adequate vertical clearance, From Sta x.939 thru ~94~, the prapased concrete flume appears to be possibly in conflict with the existing 30" raw ~nrater line. In these cross-sections, show existing lacatian and depth of this line so that canflicts can be identified and improvements redesigned as necessary. fewer 1. Clearly label existing and proposed severer lines vn the Electrical Service for CIL {Central Instrument location} sheets, and confirm no canflicts vuith CIL's.  Lm Clearky label exiting and proposed ~evuer lines on the Crossing date Eayaut sheets, and confirm no conflicts with cro~ing dates. Sheets T-oG Typical Signal Foundation Installation, T-~S Typical Bracket Mast Signal . Foundation Instaliation~, T-1~. ~Typica~ Crossing date Foundation Installation}, T-~ ~Typic~l Cantilever Foundation Installation 12 to Foot Main Arrn},and T-14 and T-15 ~Typic~l Cantilever Foundation Installation ~Gto 44 Foot Main Arr~}show general foundation requirements with unknovun impacts on City utilities. Engineer of record needs to provide drav~rins with sufficient detail to address site-specific conditions. These drawings must be submitted to City, to facilitate revievu of impacts on existing City utilities. Draina e General . 1. Type II rainfall distribution shall be used for all hydrologic modem. Provide input and output printoutsofall HEC-RA5 models. 3. Provide summary input and output of all hydrologic modeling, 4. BOO-yearwater surface elevations forthe bridges as printed an the construction plans shoukd match crass section at the upstream face of the bridge. S. Provide Floodv~ray models for Revised Existing Pre-Project} and Post-Project conditions for PEC~B. G. Provide hydrologic and hydraulic models and flood study analyses for ~~Q-year fuliy- devloped vuatershed conditions for PEC-, only FEMA flows ~+rere modeled for this creek. 7. Additional comments nay be issued upon receipt and review of requested data and r~adels. 8. Provide runoff and storm pipe caiculatians for all culvert profiles. 9. There are multiple culverts that are not profiled and utility crossings are not shown an storm drain profiles alangstreet intersections. 1D. There is general concern over numerous flat longitudini slopes far both proposed earthen and concrete swales along the ~CTA R~1N, Stream PEC~~ 11. See genera! comments. 1~. Low chord elevations are not shaven in the stream profiles.  Lm 1~. Shvvu bath sides of the DCTA ROVU to determine if the proposed grading is contained within the DCTA R~UII. Trans ortati~n omrn~nts: 1. City Traffic Signal Specifications and Schematics are not attached with this submittal. The applicant. is required to submit a v~rritten agreement far review by the City with regard to access sights by DCTA to City signal cantrollers~cabinets. The applicant is required to submit a written agreement far review bythe Citywith regard to maintenance of DCTA equipment located inside CAD signal . control lers~ca bi n ets. 4. The applicant is required to submit a written agreement for revieuv by the City v~rith regard to maintenance of rail and bike path linage. 5, The applicant is required to submit a written agreement far review by the City vuith regard to maintenance of street and bike path pavement markings. G, The applicant is required to discuss with the City with regard topre-emption panel design within City signal cabinets. 7, The applicant is required to submit a v~rritten agreement far review by the City v~rith regard to maintenance of DCTA electrical conduit within City Rq1. The applicant is required to discuss with the City v~rith regard to acquisition of temporary construction and slope easements, 9. The applicant is required to discuss with the Citywith regard to proposed gate locations conflicting vuith future pavement widening of unimproved streets and/or sidevualks. ~0. The applicant is required to discuss with the City with regard to all in-Kind replacement of existing sidewalk that does not comply uvith CAD width standards. The applicant is required to discuss with the City with regard to extension of rail pads to aceammadatefuture pavementuvideningof unimproved streetsandJorsidevuaiks. 1~. The applicant is required to discuss with the City uvith regard to~ placement of future trailbia~ing signs forthe DCTA rail stations upon extension af.Niedpark Station and T~D~T I-~~~ impraver~ents. 1~. ADA ramps are not required for sidewalk connections to the proposed bike path. 1~4. All CityADA ramps within public R~vll is required to be CAD Type ~ ramps. 15. Include a note an all "SIGNiN~ AND TRIPI~ PLAN„ sheets to state "City of Denton specifications shall take precedence where conflicts betvueen plans and attached City of Denton specifications occur. 1G. Dn aII Signage and Striping plans, please provide additional information as to whattyp of existing signs are proposed to be removed relocated.  Lm k Sheet ~-Gl4 ~BRINKER RDAD INTERSECTION LAY~UT~: 1, The applicant is required to discuss with the City with regard to discontinuity of the hike path at Brinker Road along with the alignment of the future bike path crossing of Brinker Road. sheet -~'S5A ~BRIN~ER ROAD SICN~NC AND STRIPING PLAN: 1. Revise title of the plan to state "signs and striping plan for proposed signal when installed". Remove all !eft turn pavement markings. B, llllave the rihtturn pavement markingta uvhere the taper lane and the storage lane - meet. ~ . Sheet ~-75SB ~~o~P X88 SIG~IINC AND STRIPING PLAN: 1. Provide information an why paverr►ent markings are called out an the Loop ASS left turn lane. This should already be inciuded with tine Lapp ~SBvuidening pra~ect. 2. Shag abutments forfuture pedestrian .bridge and how bike path will connectto the bridge, 3. Any construction within TXD~T RDw mill require a TiSa~T Permit. sheet c-~~~ ~oLo~ADO ~~vD~~I~NANDTR~~iN P~AN~: Relocate the RB-~R right turn sign to the midpoint ofthe taper lane. Easements: The ~ol~owin easements need to be acquired Prior to construction, Provide necessary recorded documentation to the City prior to construction. Temporary Construction Easements: , Brinker Road: Bath sides of roadways, an both sides of ~CTA Raw grading Easements: 1. Ali bridges in this Phase did not show bath sides of the DCTA Raw to verify if additional easements are needed. EH~B~T ~ listed beiovu is the compilation of the outstanding 1Nater, Sevuer, Transportatian,ond Draina e comments far work in the "Phase III" area. Water Clearly babel existing and proposed v~rater lines on the Electrical service for Cl~ Central Ins~rurnent ~ocation~ sheets, and confirm no conflicts with CIL's. 2. Clearly label existing and proposed v~rater lines on the Crossing date Layout sheet; and . confirm no conflicts with craning gates. ~ . 3. sheets T-a~ Typical ignai Foundation Installatiar~~, T-aS Typical Bracket Mast signal Foundation lnstallation~, T-11 Typical Grassing date Foundation Installation}, T-~ {Typical Cantilever Foundation Inst~alltian 1.2 2~ Foot IVlain Army, and T-14 and T-15 ~Ty~ical Cantilever Foundation Installation 3G to 44 Foot Main Arr~~ show general foundation requirements v~rith unknown impacts vn City utilities. Engineer of Record needs to provide drav~rings v~rith sufficient detail to addre~~ site-specific condition. . These drav~rin must be submitted to City, to facilitate review of impacts on existing City utilities, 4~ Please be avuare that the City will not authorise the relocation of any portions of the existing raw water lines without ~ thorough analysis being presented to u for review, discussion, and approval. Said analysis must include, ata minimum, thefallbwing; Rationale behind havingta relocate the line, as apposed to adjusting locations of proposed facilities; Right-~f- way~easement constraints and potential acquisitions; Plan and profile information an the alignment and grade afthe proposed raw vuater line, including position relative to nearby facilities. 11~hile 1~ and have been addressed to same extent, we still have not received anything for 3}. 5. Near Sta 18QQ, Plans show proposed sound wall very close to existing raw vuater line, Fram eta 1795+00 thru 1802+40, show existing location and depth of 3Q" raw water I'rne in cross sections. Results of the raw water line potholing confirm conflict. 6~ Near Sta 1812, Bridge layout profile shows significant cut. Indicate haw much cut there will be over existing rave water lines, and what remaining saver will be. 7. 1=rorr~ Sta 18~~+50 thru Sta 1834+5~, the proposed concrete flume appears to be possibly ire conflict witl~the existing 3~" raw waterline. Shav~rexisting location and depth~of this line in crass sections so that conflicts can be identified and the improvements redesigned as necessary. 5, From sta 1539+00 thru 1849+D, the proposed ditch concrete flume appears to be possibly in conflict with the existing 30" raver water line, In these cross sections, show existing location and depth of this Iine so that conflicts can be identified and improvements redesigned as necessary. 9. Near sta X79+4s, the proposed ditch appears to possibly be in conflict with the existing 12„ water main, provide an additional cross section for this location, show existing lacation and depth of this main so thatconflictscan be identified and the impraverr~ents redesigned as necessary. 1~, From Sta 1$83+~0 thru sta 185+90, the propased ditch appears to possibly be in conflict with. the existing 3~" raw uvater line, in these cross sections, shove existing location and depth of this main so that conflicts can be identified and the improvements redesigned as necessary. 11, Near Sta 1855+5D, Traffic 6ignal Design sheet shows a patentia~ conflict between new i'lllast Arm Pale P-6 and the existing 30" rani water line. 1, Frarn ~#a 1892 thru sta 1594, the propased concrete flurr~e appears to possibly be in conflict with the existing 30" raw water line. In these cross sections, show existing location and depth of this main sa that conflicts can be identified and the improvements redesigned as necessary. The City will not accept Plans showing a proposed retaining wall being built over an existing raw water line. 13, Near Sta 1593, a retaining wall is shouvn b~iit atop rave uvater line for approx. X00 ft. in this area; this will not be allovued. . 14. Near Sta 1896, a retaining wall is Shawn built atop water line for approx. ~.70D ft, in this area; this will not be allowed. Frarn sta 1896 thru sta x.595, the proposed ditch appears to possibly be in conflict Frith the existing 30" ra~r wa#er line. In these cross sections, Shaw existing lacation and depth of this main sa that conflicts can be identified and the improvements redesi ned as 5 necessary. 1. From Sta 190+50 thru sta 1915, the propased ditch~concrete flume appears to possibly be in conflict vuith the existing raw water line, In these cross sections, shove existing lacation and depth of this main so that conflicts can be identified and the.irnprovements redesigned as . necessary. Show existing uvater lines on Traffic Signal Design sheet to confirm no conflict with nevu mast arn~ pales {Colorado Blvd. a# Medpark Dr.~. .  i fewer 1. Clearly label existing and proposed surer lines on the Electrical service far CIL {Central Instrument Lacatian~ sheets, and confirm no conflicts v~rith GIL's. 2. Clearly label existing and proposed sewer lines on the Crossing date layout sheets, and confirm na conflicts with crossing gates. . Sheets T-0~ Typical Signal Faundatian lnstallation}, T-~ Typical Bracket Mast Signal Foundation Installatian~, T-~~. Typical Grassing date Foundation Installation, T-~ {Typical CantileverFoundatian Installation 12ta ~G FootMainArm},andT-~4andT-~S Typical Cantilever 1=aundation Installation 3~ to 44 Fast Main Arm} show general foundation requirements uvith unknown impacts on City utilities. Engineer of record needs to provide dravuings v~rith sufficient detail to address site-specific conditions. These dra~nrings must be submitted to City, to facilitate review of impacts an existing City utilities. 4. Near Stu 190+5D, show existing sewer lines on Traffic signal Design sheet to confirm no conflict with new mast arrr~ poles {intersection of Calorad~ Blvd. and Medpark Dr.~. Transportation: General Comments that are required to be addressed ar coordinated uuith the City: 1~ City Traffic Signal Specifications and Bcbematics are not attached vuith this submittal. 2. The applicant is required to submit a written agreement far revievu by the City vuith regard to access rights by DCTA to City signal cantrollers~cabinets. The applicant is required to submit a written agreement for review by the City with regard to maintenance of DCTA equipment located inside CAD signal controllersf cabi.nets. 4. The applicant is required to submit a written agreement far review by the City vuith regard to maintenance of rail and hike path signage~ 5. The applicant is required to submit a vuritten agreement for review by the City with regard to maintenance of street and bike path pavement markings G. The applicant is required to discuss uvith the City v~rith regard to right~af-way acquisition for the proposed signal equipment at the intersection of Bel! Avenue and Sycamore street din private prape~~ The applicant is required to discuss with the City with regard to pre-emption panel design within City signal cabinets. . S. The applicant is required to submit a ~rritten agreement far review by the City with regard to rrraintenance of DCTA electrical conduit within City R~1~I. 9. The applicant is required to discuss vuith the City with regard to acquisition of ternparary construction and slope easements. ~a. The applicant is required to discuss with the City with regard to proposed gate locations conflicting vuith future pavement uuidening of unimproved streets and~ar sidewalks. 11. The applicant is required to disc~,ss with the City uvith regard to all in-kind replacement of existing sidewalk that does not comply with COD width standards, 1~, The applicant is required to discuss with the City with regard to extension of rail pads to accan7madate future pavement widening of unimproved streets and~or sidewalks4 ~.3, The applicant is required to discuss with the City with regard to placement of future trailblazing signs for the DCTA rail stations upon extension of Medpark Station and TDOT I-~5E irr~prvverr~ents. 14. ADA ramps are not required for sidewalk connectiar~s to the proposed bike path. ~5. All City ADA ramps within public ROw is required to be COD Type 1 ramps. 1b, Include a note on all "SICNIN AND TRiPING PLAN" sheets to state "City of Denton specifications shall take precedence where conflicts betvueen plans and attached City of Denton specifications occur, ~7, On all 5inage and Striping plans, please provide additional information as to what type of existing signs are proposed to he removed~re~ocated. Sheet C-GG4 ~swAD~r ~I~ORES ROAD lNTEREC"fIDN I~AYOUT~: The Old U Hwy 77 right turn lane onto shady shares Road does not appear to facilitate a truck turn radius. Sheet C-G71 {C~L~RAD~~MAYH~Ll. INTERSECTION LAYOL~T~: Adjust the southern Dike path ramp to align with the northern bike path ramp, Provide recordation information for the existing easement where the bike path encroaches private property. Sheet C-61~ ~BRI N I~ER ROAD I NTER~ETION LAYOUT: 1, The applicant is required to discuss with the City with regard to discontinuity of the dike path at Brinker Road along with the alignment of the future bike path crossing of Brinker Load, Sheet C-fi9~ BROAD AN D RAI LROA~ PAVING ~ETAI LS}: babel the hole for the pad lock an the bollard details. Sheet C-754A {COLORADO BLVD SIGNING AND STRIPING PI.AN~: 1. Revise title of the plan to state "signs and striping plan for proposed signal when installed", Remove all left turn pavement markings. 3. Dove the right turn pavement marking to where the taper Kane and the storage lane meet. 4. The R3-5R sign requires a "Right ~ane'► plaquard. Sheet C-755A ~BRINKER ROAD SIGNINGAND STRlP1NG PLAN: 1. Revise title of the plan to state "Signsand striping plan for proposed signal vuhen installed". 2. Remove all leftturr~ pavement rr~arkings. IVlave the right turn pavement marking to where the taper lane and the storage lane meet. Easements;  i The foll~ouving easements need to be acquired prior to construction, Provide necessary recorded documentation #o tie City prior to construction. Iope Easements: 1. Lakevievu Blvd: blest and East side of roadway, an north side of DCTA R01~! Pockrus Page Road: North side of roadway, an east side of DCTA RD1N 3. Calorado~fVlayhill; North and south side of roadway, an vest side of DCTA ROw Temporary Construc~~on Eaerr~ents: 1. shady shores Rd: North and south side of roadway, an east side of DCTA RAIN 2. Packrus Page Road: South side of roadway, an east side of DCTA R01N Brinker Road: Bath sides of roadways, on both sides of DCTA Raw Grading Easements: 1. The bridges did no# shove both sides of the DCTA R~UV to verify if additional easements are needed. ~raina~e comments: , General: 1~ Type II ~ainfa~l distribution shall be used far all hydrologic models. 2, Provide input and output printouts of all HEC~RA models. 3. Provide summary input and output of all hydrologic madeling~ 4. ~,Q~-year vuater surface elevations far the bridges as printed an the construction plans should match cross section at the upstream face of the bridge 5, Provide I`loodway models for Revised Existing {Pre-Projects and Past-Project condi#ians for PEC- Additional comments may be issued upon receipt and revievu of requested data and models. 7. Provide runoff and starry pipe calculations far all culvert profiles. 8. There are multiple culverts that are not profiled and utility crossings are not shaven on starrn drain profiles along street intersections, 9. There appears that there are existing culverts that cross the existing rail that are not shown on plan and not addressed. ~0. There isgeneral concern aver numerousflat longitudinal slapesforboth proposed earthen and concrete svuales along the DCTA ROVI~. stream PEC-1 1. fee general comments. 1~~-year velocities increased upstream of proposed bridges at crass section ~G47S from existing conditions of ~.1fi ftJs to an erosive velocity for proposed conditions of 8.93 ft~s. Issue of erosive velocities shall be addressed. 3. 10Q-year 1NSEl's increased in proposed model versus existing model far cross sections ~~340 and 1G347 downstream of the proposed bridges. City of Denton subdivision regulations does not allow any increases ire 10Q-year 1EL's~  Lm Stream PEC-5 fee general comments Prapased ~loodpiain boundary isw'rderthan effectivefioodplainboundary immediately dovunstream of the bridge due to the bridge widening. . ~~~-year vuater surface elevation ~VI~S~L~ at the upstream face of the railroad bridge is ~S9.2S under proposed conditions vuhich is less than 12 inches from the low chord elevation of GS9,DS and does not meet city of Denton clearance requirements between 1pD-year V1ll~~ and low Gard. 4, 1Da-year velocities increased downstream of proposed bridges at crass section 9121 from existing conditions to an erosive velocity for proposed conditions of 880 ft~s. 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