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FY 23-24 Rate Book Denton Municipal Rates FY 2023/2024 CITY OF DEN r I I ON December 2023 Dedicated to Quality Service TABLE OF CONTENTS Summary of Changes----------------------------------------------------------------------------------------3 Ordinances Parks &Recreation------------------------------------------------------------------------------------------12 Fire-------------------------------------------------------------------------------------------------------------25 Police----------------------------------------------------------------------------------------------------------33 Library --------------------------------------------------------------------------------------------------------36 AnimalServices----------------------------------------------------------------------------------------------40 BuildingSafety-----------------------------------------------------------------------------------------------41 Planningand Engineering-----------------------------------------------------------------------------------48 Rightof Way-------------------------------------------------------------------------------------------------54 Wireless-------------------------------------------------------------------------------------------------------88 Construction Management----------------------------------------------------------------------------------90 Airport---------------------------------------------------------------------------------------------------------93 Electric--------------------------------------------------------------------------------------------------------96 SolidWaste---------------------------------------------------------------------------------------------------150 Water----------------------------------------------------------------------------------------------------------161 Wastewater ---------------------------------------------------------------------------------------------------181 Roadway Impact Fees---------------------------------------------------------------------------------------235 Water& Wastewater Impact Fees -------------------------------------------------------------------------253 FY 2023-24 CITY OF DENTON RATE CHANGE SUMMARY PARKS & RECREATION: Recreation Passes Rec Pass Fees: • Rec Pass Ages 8 and older: FY 22-23 FY 23-24 o $10/per pass $15/per pass Nonresident Fees: • Nonresident Fee: FY 22-23 FY 23-24 o $5/per pass $10/per pass Cemetery Fees Memorial Fees: • Memorial Bench: FY 22-23 FY 23-24 o $2,400 without plaque $3,400 includes plaque Recreation and Civic Center Rental and Service Fees Rec Center Rooms (Hourly Rates): • MLK Jr. Rec Center: FY 22-23 FY 23-24 o Room A: $25 Room A: $30 o Room B: $25 Room B: $35 o Room C: N/A Room C: N/A o Kitchen: $20 Kitchen:No Change o Full Gym: $65 Full Gym: $90 o Half Gym: $35 Half Gym: $50 o Game Room: $20 Game Room: $25 o Computer Room: $20 Computer Room: $25 o Craft Room: $20 Craft Room: $25 • Denia Rec Center: FY 22-23 FY 23-24 o Room A: $25 Room A: $30 o Room B: $30 Room B: $35 o Room C: $25 Room C: $30 o Kitchen: N/A Kitchen: N/A o Full Gym: $65 Full Gym: $90 o Half Gym: $35 Half Gym: $50 Fiscal Year 2023-2024 Rate Book 3 o Game Room: $25 Game Room: No Change o Computer Room: N/A Computer Room: N/A o Craft Room: N/A Craft Room: N/A • North Lakes Rec Center: FY 22-23 FY 23-24 o Room A: $25 Room A: $30 o Room B: $30 Room B: $35 o Room C: N/A Room C: N/A o Kitchen: N/A Kitchen:N/A o Full Gym: $65 Full Gym: $90 o Half Gym: $35 Half Gym: $50 o Game Room: N/A Game Room: N/A o Computer Room: N/A Computer Room: N/A o Craft Room:N/A Craft Room: N/A • Rental Service Fees: FY 22-23 FY 23-24 o Building Attendant: $14 Building Attendant: $20 o Cleaning Fee: N/A Cleaning Fee: $250 o Police Security: $45 Police Security: Removed* Denton Civic Center Meeting Room Rentals • Rental Service Fees: FY 22-23 FY 23-24 o Building Attendant: $15 Building Attendant: $20 o Police Security: $45 Police Security: Removed* * Removed from PARD Rates. See Ordinance 22-1969 for Police fees. Pavilion Rentals, Park Rentals. and Goldfield Tennis Center Goldfield Tennis Center: • Annual Tennis Membership: FY 22-23 FY 23-24 o $75 $125 Aquatic memberships.Admissions. and Group Discounts Natatorium Admissions and Group Discounts • Membership and Admissions: FY 22-23 FY 23-24 o 12-Month: Purchase 1-3/$120 each General Public: $190 Purchase 4+/$90 each Resident: $170 Fiscal Year 2023-2024 Rate Book 4 0 3-Month: Purchase 1-3/$45 each Removed Purchase 4+/$35 each Removed 0 1-Month: Purchase 1-3/$20 each General Public: $40 Purchase 4+/$15 each Resident: $30 o Daily Admission: Ages 3-15: $3 Ages 3-15: $5 Ages 16 & older: $4 Ages 16 & older: $7 0 10 - Punch Pass: Ages 3-15: $25 Removed Ages 16 & older: $30 Removed • Daily Admissions Group Discount: FY 22-23 FY 23-24 o Denton PARD Camps: $0.75 per admission Denton PARD Camps: $1 per admission Water Works Park Admissions and Group Discounts Season Pass and Admissions FY 22-23 FY 23-24 o Daily Admission: Non-Swimmer, $5 Non-Swimmer, $5 Under 48 inches, $10 Under 48 inches, $12 48 inches&taller, $14 48 inches &taller, $16 Civic Center Pool Rates Admissions FY 22-23 FY 23-24 o Season Pass: Purchase 1-3/$40 each General Public: $50 Purchase 4+/$35 each Resident: $40 o Daily Admission Ages 3-17: $3 Ages 3-17: $4 Ages 18 & older: $4 Ages 18 & older: $5 All-Access Aquatics Pass- Includes access to the Natatorium, Water Works Park, and Civic Center Pool All-Access Aquatic membership FY 22-23 FY 23-24 o 12- Month: Purchase 1-3/$150 each General Public: $240 Purchase 4+/$120 each Resident: $220 (Includes Silver membership to (Includes Platinum membership to Water Water Works Park) Works Park) Platinum Membership ■ Souvenir cup with free refills Fiscal Year 2023-2024 Rate Book 5 ■ Four general admission tickets ■ Six 50%off daily admission coupons for friends and family ■ Five meal combo vouchers for concessions ■ 10% off concessions and gift shop ■ $25 Luxury Lounger rentals (3 hours per rental) ■ 30% off total cabana rental M-Th ■ 4 Dive-In-Movie passes ■ One free Luxury Lounger rental per season ■ One free Cabana Rental per season ■ Membership Appreciation Event ■ Annual Cooler Pass included Aquatic Facility and Amenity Rentals, Lane Rentals, and Water Park Pavilion Rentals Aquatic Facility Rentals (Based on guest attendance): • Water Works Park FY 22-23 FY 23-24 0 1-400 Guests: $1,250/2-hour min $1,400/2-hour min $500 per extra hour No Change 0 401-600 Guests: $1,400/2-hour min $1,600/2-hour min $525 per extra hour No Change 0 601-800 Guests: $1,600/2-hour min $1,800/2-hour min $550 per extra hour No Change 0 801-1,200 Guests: $1,800/2-hour min $2,000/2-hour min $575 per extra hour No Change 0 1,201-1,600 Guests: $2,000/2-hour min $2,200/2-hour min $600 per extra hour No Change Fiscal Year 2023-2024 Rate Book 6 Aquatic Amenity Rentals • Water Park Cabanas FY 22-23 FY 23-24 o Monday- Thursday: $60/3-hour min $65/3-hour min o Friday—Sunday: $75/3-hour min $80/3-hour min Solid Waste Residential Collection Services Within City Limits FY 22-23 FY 23-24 • Additional Recycling Cart(each cart in excess of 2): o N/A $15.00 Residential Collection Services Outside City Limits FY 22-23 FY 23-24 • Additional Recycling Cart(each cart in excess of 2): o N/A $15.00 Commercial Refuse and Recycling Collection Services FY 22-23 FY 23-24 • Landfill Rates (per ton) o Clean Concrete,Asphalt, or Dirt(if needed): o Minimum Charge (per load): $30.00 $25.00 • Brush and Green Waste o Whole Tree Stumps: $50.00 Removed o COD Customer—Unbagged grass, leaves and brush < 12'-bagged material is not accepted: $25.00 $30.00 o Brush>12': $30.00 $35.00 o Non-City of Denton Customer-Brush Rate: $35.00 $40.00 Wastewater Rates Residential Wastewater Service Monthly Rates (SR)—Inside Corporate Limits with City of Denton Water Service FY 22-23 FY 23-24 o Facility Charge: $11.00/bill $12.21/bill o Volume Charge: $3.80/1,000 gallons effluent $4.22/1,000 gallons effluent Monthly Rates (SRO)—Outside Corporate Limits with City of Denton Water Service FY 22-23 FY 23-24 o Facility Charge: $12.75/bill $14.15/bill o Volume Charge: $4.40/1,000 gallons effluent $4.88/1,000 gallons effluent Fiscal Year 2023-2024 Rate Book 7 Monthly Rates (SRNI/SRNO)—Without City of Denton Water Service FY 22-23 FY 23-24 Inside Corporate Limits (SRNI) o Facility Charge: $11.00/bill $12.21/bill o Volume Charge: $3.80/1,000 gallons effluent $4.22/1,000 gallons effluent Outside Corporate Limits (SRNO) o Facility Charge: $12.75/bill $14.15/bill o Volume Charge: $4.40/1,000 gallons effluent $4.88/1,000 gallons effluent Mobile Home Park Wastewater Service Monthly Rates (SMH)—With City of Denton Water Service FY 22-23 FY 23-24 o Facility Charge: $26.50/bill $29.42/bill o Volume Charge: $3.80/1,000 gallons effluent $4.22/1,000 gallons effluent Monthly Rates (SMHO)—Outside Corporate Limits with City of Denton Water Service FY 22-23 FY 23-24 o Facility Charge: $30.50/bill $33.86/bill o Volume Charge: $4.40/1,000 gallons effluent $4.88/1,000 gallons effluent Monthly Rates (SMNI/SMNO)—Without City of Denton Water Service FY 22-23 FY 23-24 Inside Corporate Limits (SMNI) o Facility Charge: $26.50/bill $29.42/bill o Volume Charge: $3.80/1,000 gallons effluent $4.22/1,000 gallons effluent Outside Corporate Limits (SMNO) o Facility Charge: $30.50/bill $33.86/bill o Volume Charge: $4.40/1,000 gallons effluent $4.88/1,000 gallons effluent Commercial and Industrial Wastewater Service Monthly Rates (SC)—With City of Denton Water Service FY 22-23 FY 23-24 o Facility Charge: $26.50/bill $29.42/bill o Volume Charge: $4.85/1,000 gallons effluent $5.38/1,000 gallons effluent Pretreatment/Program Charges FY 22-23 FY 23-24 (SCA) (1) Categorical Customer: $400.00/bill $444.00/bill (SCB) (2)Non-categorical Customer: $50.00/bill $55.50/bill Monthly Rates (SCO)—Outside Corporate Limits with City of Denton Water Service FY 22-23 FY 23-24 o Facility Charge: $30.50/bill $33.86/bill Fiscal Year 2023-2024 Rate Book 8 o Volume Charge: $4.40/1,000 gallons effluent $6.11/1,000 gallons effluent Monthly Rates (SCNI/SCNO)—Without City of Denton Water Service FY 22-23 FY 23-24 Inside Corporate Limits (SCNI) o Facility Charge: $26.50/bill $29.42/bill o Volume Charge: $4.85/1,000 gallons effluent $5.38/1,000 gallons effluent Outside Corporate Limits (SCNO) o Facility Charge: $30.50/bill $33.86/bill o Volume Charge: $5.5011,000 gallons effluent $6.11/1,000 gallons effluent Pretreatment/Program Charges FY 22-23 FY 23-24 (SCOA) (1) Categorical Customer: $400.00/bill $444.00/bill (SLOB) (2)Non-categorical Customer: $50.00/bill $55.50/bill Commercial/Industrial Wastewater Service Which Measures with Dedicated Water Meters (Sub-Meters), Water for Wastewater Billing Monthly Rate: FY 22-23 FY 23-24 Volume Charge: $4.85/1,000 gallons effluent $5.38/1,000 gallons effluent Pretreatment/Program Charges FY 22-23 FY 23-24 (SCDA) (1) Categorical Customer: $400.00/bill $444.00/bill (SCDB) (2)Non-categorical Customer: $50.00/bill $55.50/bill CommerciaFIndustrial Wastewater Service Which Measures with Dedicated Water Meters (Sub-Meters), Water Excluded From Wastewater Billing Pretreatment/Program Charges FY 22-23 FY 23-24 (SCSA) (1) Categorical Customer: $400.00/bill $444.00/bill (SCSB) (2)Non-categorical Customer: $50.00/bill $55.50/bill Septage & Chemical Toilet Disposal At The Pecan Creek Water Reclamation Plant Septage Transfer Station Rate: FY 22-23 FY 23-24 Facility Charge: $5.80/bill $6.44/bill Volume Charge: $37.20/1,000 gallons $41.29/1,000 gallons Fiscal Year 2023-2024 Rate Book 9 Equipment Services Facilities and Restaurants & Food Service Establishments Wastewater Service Monthly Rate (SEE) FY 22-23 FY 23-24 Facility Charge: $26.50/bill $29.42/bill Volume Charge: $6.75/1,000 gallons effluent $7.49/1,000 gallons effluent Pretreatment/Program Charges FY 22-23 FY 23-24 (SEA) (1) Categorical Customer: $400.00/bill $444.00/bill (SEB) (2)Non-categorical Customer: $50.00/bill $55.50/bill Meters Wastewater Inside and Outside Corporate Limits Monthly Rate FY 22-23 FY 23-24 Inside Corporate Limits (SMI) Facility Charge: $323.00/bill $359.53/bill Volume Charge: $4.85/1,000 gallons $5.38/1,000 gallons Outside Corporate Limits (SMO) Facility Charge: $361.50/bill $401.27/bill Volume Charge: $5.5011,000 gallons $6.11/1,000 gallons Pretreatment/Program Charges FY 22-23 FY 23-24 (SMA) (1) Categorical Customer: $400.00/bill $444.00/bill (SMB) (2)Non-categorical Customer: $50.00/bill $55.50/bill Sale of Treated Wastewater Effluent Monthly Rates Facility Charge/Per Bill FY 22-23 FY 23-24 3/4" Meter: $22.60 $22.37 1" Meter: $32.00 $31.68 1-1/2" Meter: $38.70 $38.31 2" Meter: $51.50 $50.99 3" Meter: $110.40 $109.30 4" Meter: $218.90 $216.71 6" Meter: $299.20 $296.21 8" Meter: $419.20 $415.01 10" Meter $600.00 $594.00 Fiscal Year 2023-2024 Rate Book 10 Volume Charge $1.5011,000 gallons $1.67/1,000 gallons Wholesale Wastewater Treatment Service For a Governmental Agency, Division, Or Subdivision FY 22-23 FY 23-24 (1) Facility Charge $230.75/bill $256.13/bill (2) Pretreatment/Program Charge (A) Categorical Customer: $400.00/bill $444.00/bill (B) Non-categorical Customer: $50.00/bill $55.50/bill (3) Volume Charge $2.60/1,000 gallons $2.89/1,000 gallons Dvno Dirt Products FY 22-23 FY 23-24 (A) Compost (5) Dyno Dirt Overs: $3.00/Cubic Yard Removed Grass/Brush/Leaves FY 22-23 FY 23-24 Uncontaminated bagged or unbagged grass, Brush, or leaves in less than twelve-foot(12') lengths $20.00/ton Removed Uncontaminated bagged or unbagged grass, Brush, or leaves in greater than twelve-foot(12') lengths $30.00/ton Removed Contaminated grass,brush, or leaves of any length $44.00/ton Removed Whole trees and stumps $50.00/ton Removed Fiscal Year 2023-2024 Rate Book 11 ORDINANCE NO 23-1863 AN ORDINANCE OF THE CITY OF DENTON ADOPTING A SCHEDULE OF FEES, UPDATING THE EXISTING CHARGES AND FEES FOR USE OF CITY OWNED PROPERTY AND FACILITIES,AND FOR CITY SERVICES PROVIDED AT OR BY PARKS AND RECREATION; SUPERSEDING PRIOR FEE SCHEDULES; PROVIDING SEVERABILITY AND REPEALER CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Parks and Recreation Departments is responsible for fostering a sense of community and enhancing the quality of life of residents and visitors by providing recreational, educational, and wellness opportunities; supporting Denton's economic vitality through special events, and providing beautiful, well-maintained parks and public spaces while being good stewards of the environment; and WHEREAS, in accordance with state law and City Code, any fee assessed for the use of City property, staff or other resources must be adopted by City Council; and WHEREAS, the City Council finds the fees imposed pursuant to the attached schedule of fees established for the use of facilities or for services provided by the Parks and Recreation Department("Department")bear a reasonable relationship to the cost for such provision,and serve a public purpose; and WHEREAS, at the July 10, 2023 meeting of the Parks, Recreation and Beautification Board, the Board recommended the City approve the Parks and Recreation 2023-2024 Schedule of Fees by a vote of 5 to 0.NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The charges for the use of City property and facilities, and for services provided at or by Parks and Recreation 2023-2024 Schedule of Fees shall be as indicated in Exhibit A titled Parks and Recreation 2023-2024 Schedule of Fees ("Schedule of Fees"), attached hereto and made a part hereof for all purposes. SECTION 3.The Schedule of Fees set forth in Exhibit A is hereby adopted and is effective on October 1, 2023. SECTION 4. Fees may be adjusted on an interim basis throughout the year as new services are added or to maintain parity with market trends. Interim changes will be submitted for approval by Park Board and Council approval on an annual basis. SECTION 5. The Schedule of Fees set forth in Exhibit A adopted herein supersedes the Department's previously established fee schedules. Fiscal Year 2023-2024 Rate Book 12 SECTION 6. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. SECTION 7. All ordinances or parts of ordinances in conflict with the terms or provisions in this ordinance are hereby repealed to the extent of any such conflict. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. The motion to approve his ordinance was made by [ %,r,4� I`3t�� and seconded by H t,1 1,--� 1.The ordinance was passed and approved by the following vote [ S _ 1: Aye Nay Abstain Absent Mayor Gerard Hudspeth: ✓ Vicki Byrd,District 1: ✓ Brian Beck,District 2: Paul Meltzer,District 3: ✓ Joe Holland,District 4: Brandon Chase McGee,At Large Place 5: Chris Watts,At Large Place 6: PASSED AND APPROVED this the _day of I je.--e 52023. GERARD HUDSPETH,MAYOR ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY .`y OF •0 FNTQ�s,� . � • •.y , BY: — — = �ri = APPROVED AS TO LEGAL FORM: 01�i��O,j1,,` MACK REINWAND, CITY ATTORNEY BY: Fiscal Year 2023-2024 Rate Book 13 U N ITE., R W Denton Parks and Rec 2023-2024 Schedule of Fees Effective Dec. 1, 2023 Fees m ay be adjusted on an interim basis throughout the year as new services are added or to m aintain parity with m arket trends. Interim changes will be subm fitted for approval by Park Board and Council approval on an annual basis. Code of Ordinances—Chapter 22.28 Any new m arketing prom otion will be approved prior to im plem entation by the City M anager or his/her designee. M any program fees are set by independent contractors. Parks and Recreation led program 5 leagues, events,and childcare fees vary and are periodically benchm irked. Per Code of Ordinances Chapter 22-28,the fee shall be based on the cost of providing the event, service, equipm Ent,or goods.These fees are published in our online catalog at www.dentonparks.com. Fiscal Year 2023-2024 Rate Book 14 U N ITE,G ROW NAIN Recreation and Cemetery Fees Denton Par Ms and Rec Recreation Pass, Special Events, Im pact, and Nonresident Fees Rec Pass Fees Fee Application of Fee and Description Rec Pass I Ages 8 and older s 15 A nnual fee for rec center access to gym,gam eroom,corn paters,and Civic Center walking track. Rec Pass I Replacem Ent Card s z F ee for the replacem Ent of a lost rec pass card. Special Event Fees Fee Application of Fee and Description Special Event Deposit s ioo A refundable deposit to secure an event held on park property. Special Event Application Fee s 3o F ee for processing a special event perm t application. Vendor Perm t I For Profit Fee s 25 F ee for a single-day perm it to sell or do business on park property during a festival,event,or rental. Vendor Perm t I Nonprofit Fee s 15 F ee for a single-day perm it to sell or do business on park property during a festival,event,or rental. Facility Utilization Agreem eit Fees Fee Application of Fee and Description Recreation Impact Fee s 1.5 F ee per player,per season approved in the Youth Sports Association Facility Utilization Agreem Ent. Select Im pact Fee $ 25 F ee per player,per season approved in the Youth Sports Association Facility Utilization Agreem Ent. Hunting Permits Fees Application of Fee and Description Seasonal Permit;Resident s 30 S easonal fee for hunting perm t;details&location are available at www.dentonparks.com. Seasonal Permit;Nonresident $50 S easonal fee for hunting perm t;details&location are available at www.dentonparks.com. Nonresident Fees Fee Application of Fee and Description Nonresident Fee s io Add-on fee applied to individuals who do not pay City of Denton taxes for facility(per hour)or equipm ant rentals,program registrations,m ern berships,and/or services;unless otherwise noted. Nonresident Fee(aquatics) $ z S am eas defined above and applicable to aquatics;as needed. Nonresident Fee(aquatics and tennis) $ 1 S am eas defined above and applicable to program swith fees less than$5;as needed. Nonresident Fee(hunting) s 20 S am eas defined above and applicable to hunting;as needed. M Em crial Fees Fee Application of Fee and Description M em trial Bench s 340o F ee for labor and supplies to install m e m cial bench and plaque.Details and locations are available at www.dentonparks.com. M a-n crial Tree s 65o F ee for labor and supplies to install m e m dal tree planting.Details and locations are available at www.dentonparks.com. M em crial Bricks s 269 F ee for labor and supplies to install m e m dal brick.Details and locations are available at www.dentonparks.com. M an trial Picket s 275 F ee for labor and supplies to install m e m dal picket.Details and locations are available at www.dentonparks.com. Cem etery Fees I.O.O.F. Oakwood Application of Fee and Description Stone(M mument)Perm t s 75 $ 5o F ee for a perm t to install a m mum ant per approved specifications. Burial(Interment)Perm t $ 75 $ 5o F ee for an interm ant perm t per approved specifications. Burial Perm t Late Fee s 100 $ ioo F ee applied in addition to the Burial Perm t if the request is less than 48 hours prior to the burial. Plot for Crem ations s i5o n /a F ee for a crem ations burial space. Plot for Infant Coffin s 375 $ 375 F ee for an infant-size coffin burial space. Plot fpr FUII Coffin s goo $ 525 F ee for a full coffin burial space. Nonresit ent tee m al apply. Fiscal Year 2023-2024 Rate Book 15 UNITE,GROW UN_ IN Recreation and Civic Center Rental and Service Fees Denton Par Ms an0 Rec Recreation and Senior Center Room Rentals Hourly rates per room and service fees;m ultipurpose room sand rates can be com tined to rent one area. Rec Center Room s Room A Room B Room C Kitchen Full Gym Half Gym Gam eRm Com peter Rm Craft Rm Hourly Rates M utipurpose M ultipurpose M utipurpose M eeting Space M LK Jr.Rec Center s 30 $ 35 $20 $ go s 5o s 25 $ 25 $25 Denia Rec Center s 30 $ 35 $ 30 $go s 5o s 25 North Lakes Rec Center s 30 $ 35 $go s 50 Conferenc Senior Center Room s Room A Room B e/Com puter Kitchen Orange Rm Blue Rm Green Rm Classroom Craft Rm Garden/ Hourly Rates M utipurpose M ultipurpose room Ceram ics Terrace Denton Senior Center s 40 $ 40 $ 25 $ 20 $ 35 $30 $ 20 $ 25 $25 American Legion Hall s 40 $ 40 $25 $20 $20 $25 Rental Service Fees Fee Application of Fee and Description Building Attendant(BA) $2o H ourly fee per individual staff for after-hours rental. Cleaning Fee $25o F ee for cleaning recreation center after rentals(Saturday and Sundays only). Deposit sioo F ee required to secure a rental 3o days in advance and is refunded afterthe rental pending no dam ages to facility. Denton Civic Center M eeting Room Rentals M eeting Rooms M eeting Rm i M Eeting Rm z Rotunda/ Plaza Hourly Rates Com m unity Room Back Room Kitchen Denton Civic Center s65 s 45 $ ISO $ 25 Rental Service Fees Fee Application of Fee and Description Building Attendant(BA) s 20 H ourly fee per individual staff for after hours rental;staff requirements are based on attendance and alcohol served. Deposit(rotunda/full building) $200 Fee required to secure a rental and is refunded after the rental pending no dam ages to facility. Deposit(m eeting room sioo F ee required to secure a rental and is refunded after the rental pending no dam ages to facility. Cleaning Fee(rotunda) $40o F ee required for Civic Center rotunda rentals(Saturday and Sundays only). Cleaning Fee(m eeting rooms s 75 Fee required for m eeting room rentals(Saturday and Sundays only). M arquee Fee $75 D aily fee for lim iced use of the m arquee related to rental and based on availability. Fiscal Year 2023-2024 Rate Book 16 Nonresident fee m ay apply. UN ITE,G ROW NJ © Athletic Facility Rental, Service, and M antenance Fees Denton Parks and Rec Practice Field Rentals Fee Application of Fee and Description Practice Field;no lights $15 H ourly fee for exclusive use of a practice field perthe listing below during daylight hours. Practice Field;with lights $25 H ourly fee for exclusive use of a practice field perthe listing below during evening hours. Disc Golf Course $25 H ourly fee for exclusive use of the disc golf course. Hockey Rink at M ack Park $25 H ourly fee for exclusive use of the rink at M ack Park. Practice Field Rental Options: Denia Soccer,M ack Soccer,Hinkle Soccer/Rugby,Fred M core Softball,North Lakes Softball 5&6,North Lakes Football and Soccer,Vela,Roberts,M ak,Evers Baseball. All fields have lights excluding Denia Soccer Field and Hinkle Soccer/Rugby. Gam eField and Com plex Rentals I Pre-qualification is required for a com plex rental based on preexisting thresholds provided by the Athletics Division. Gam eField;no lights $ 15 H ourly fee for exclusive use of a field for tournam ent/gam a during daylight hours. Gam eField;with lights $25 Hourly fee for exclusive use of a field for tournam ent/gam eduring evening hours. Tournam ant Fee $ 50 P erteam fee charged for all tournam ant rentals. Deposit $zoo F ee required to secure a gam eand com plex rental;refunded based on concluding field and facility conditions. Cancellation Fee Tournam ant $ ioo F ee applied if the tournam ant is canceled less than seven days from the tournam ent start date. Cancellation Fee Games/Tournament $ 2oo F ee applied,or deposit is forfeited if a tournam Ent or gam eis canceled less than two days from gam edate. Rental Service Fees Labor Fee $38 Hourly fee per individual staff to prep fields,rem are trash/litter,and/or clean restroom s Tournam Ent Staff Fee $ 25 H ourly fee for staff to touch up fields,stock restroom$and rem cve trash/litter for tournam eats. After Rental Light Fee $ io H ourly fee applied if field lights are left on after rental. Bleacher Fee $soo F lat fee per bleacher for loading,hauling,and setting not native to the field rented. Soccer Goal Fee $ 35o F lat fee per pair of soccer goals for loading,hauling,and setting not native to the field rented. Field Marker Fee $ 15o F lat fee per field for line m arking a sport not native to the field rented. Tem porary Fence I Field Rental $ 15o F lat fee per field for tem porary fence installation for field rental tournam ent/gam e Field Preparation I Tournam ent Rental $ 4o F lat fee per field for each day of a tournam Ent rental. Nonresident fee m al apply. Fiscal Year 2023-2024 Rate Book 17 UNITE,GROW UN_ IN Pavilion Rentals, Park Rentals, and Goldfield Tennis Center Denton ParMf an0 Rec Pavilion Rentals Fee Application of Fee and Description Sm all Pavilion s io H ourly fee for exclusive use of a small pavilion;location/capacity are available at www.dentonparks.com. Large Pavilion s i5 H ourly fee for exclusive use of a large pavilion;location/capacity are available at www.dentonparks.com. Park Event Rentals I exclusivity does not apply to public am Enities such as playgrounds,trails,courts unless otherwise stated Fred M core Park s 65 H ourly fee for exclusive use of a park area,pavilions,and stage for large public and private events. North Lakes Park s 75 H ourly fee for exclusive use of a park area and pavilions for large public and private events. South Lakes Park s 75 H ourly fee for exclusive use of a park area and pavilions for large public and private events. W olff's Park s65 H ourly fee for exclusive use of the park area for large public and private events. North Lakes Dog Park—Sm Blest Pen s 65 H ourly fee for exclusive use of the small(special event)dog park pen Quakertown North s zoo H ourly fee for exclusive use of the north side of the park for large public and private events. Quakertown South s zoo H ourly fee for exclusive use of the south side of the park for large public and private events. The NOOK $15 H ourly fee for exclusive use of the NOOK at Ern iy Fowler Library for sm all public or private events. Park Event Rentals I exclusivity does not apply to public am eiities such as playgrounds,trails,courts unless otherwise stated CH Collins Stage at Fred M core Park s 15 H ourly fee for exclusive use of the covered stage with access to electricity. Comm unity Garden Plot s zo A nnual plot fee at the Bowling Green Park Com m unity Garden. Park Contractor s i5 H ourly fee to operate a contracted program in a park where the vendor directly collects their own program fees. Denton ISD Cross Country M e=_t $ ioo F lat fee per m eat hosted by Denton Independent School District. Cross Country M eet $ISO Flat fee per m eet,in addition to park event rental fee M cuntain Bike Trail Race s ISO F lat fee per m eet,in addition to park event rental fee. Parking Attendant s 14 H ourly fee for event parking attendant,as needed Goldfield Tennis Center Fees Application of Fee and Description Annual Tennis M am bership s 125 A nnual fee for unlim ited tennis court reservations. Court Reservation;no lights s 3 F ee for 1.5 Hours of use per person for exclusive use of a tennis court daylight hours. Court Reservation;with lights s 5 F ee for 1.5 Hours of use per person for exclusive use of a tennis court during evening hours. Court Tournament Reservation s 8 H ourly fee per court for exclusive use with an eight-hour m him u m. Fiscal Year 2023-2024 Rate Book 18 Nonresident fee m aV apply. UN ITE,G ROW NJ © M arketing and Promotion of Recreation Program sand Events Denton Parks and Rec Recreation Prom otions and Discounts Special Event and Social M edia Cam paign Giveaways-to leverage as incentives and prom otions for program sand special events • 5 o$io range cards • 5 annual aquatics pass m e m larships • 5 park pavilion rentals • z Basic birthday party packages • 5 woodshop m e m brships(i m anth) • z Fitness/Group exercise passes(i m cnth) • z Personal Training SM ART START sessions • z ALH Valentine's Dance&Dinner Packages(z tickets per package) • z Adult 5o+trips to W instar(trip registration fee only) • io%Adult 50+Open House Registration Discount(offered to those who attend and register for m em berships/program sat the Open House event day) • 3 Hunting Perm its(i season) • 3 Family Ticket Package- M yLittle Valentine Dance(lim it 4 individuals) • 5 Liberty Run entries Nonresident fee m al apply. Fiscal Year 2023-2024 Rate Book 19 U N ITE,G R0W Vj Aquatic M ern berships, Adm issions, and Group Discounts Ages 2 and under are free per daily adm ission purchased. Dented Parks and Rec Natatorium Adm issions and Group Discounts . M em berships and Adm issions 12-M cnth i-M cnth DailyAdm'sion General Public I sego General Public 1$40 Ages 3-15,$5 Resident 1$170 Resident I$3o Ages 16&older,$7 Daily Adm issions Group Discount 1 o-19 Guests 2 o+Guests D enton PARD Cam pi so.5o off per admission s 1 off per adm 6sion s 1 per adm 6sion Water Works Park Adm issions and Group Discounts Season Pass and Adm issions P reseason Discount S o eason Pass M nthly Pass D aily Adm ission Non-swim m e,$5 Holiday Savings Silver M em bership General Public 1$40 Under 48 inches,$12 s10 Discount applied to any General Public I$too Resident 1$35 48 inches&taller,s16 season pass or cooler pass Resident I$8o purchased between Novem ber 24,2022— January 1,ao23 Gold M em bership General Public I slso Early Bird Savings: Resident 1$130 s5 discount applied to any season pass or cooler pass Platinum M sr bership purchased between January General Public 1$220 2-M arch 1,2023. Resident 1$200 Cooler Pass I s6o Daily Adm 6sions Group Discount 10-29 Guests 3o-99 Guests too+Guests Denton PARD Cam ps $3 off per admission s 4 off per adm tsion s 5 off per admission s 4 per adm ission Fiscal Year 2023-2024 Rate Book 20 Nonresident fee m air apply. Civic Center Pool Rates Adm issions Season Pass and Adm ssions S eason Pass D aily Adm ssion General Public I$5o Ages 3-17,$4 Resident 1$40 Ages 18&older,$5 All-Access Aquatics Pass I Includes access to the Natatorium,W ater W orks Park,and Civic Center Pool All-Access Aquatic M an bership 1 z-M mth General Public 1$240 Resident 1$220 (Includes Platinum M er bership to Water Works Park) Platinum M anbership • S ouvenir cup with free refills • F our general adm ission tickets • S ix 50%off daily adm ssion coupons for friends and fam iy • F ive m eal com bo vouchers for concessions • 1 o%off concessions and gift shop • $ 25 Luxury Lounger rentals(3 hours per rental) • 3 o%off total cabana rental M Th • 4 Dive-In-M cvie passes • O ne free Luxury Lounger rental per season • O ne free Cabana Rental per season • M mber Appreciation Event • z 023 Cooler Pass included Nonresident fee m a�apply. Fiscal Year 2023-2024 Rate Book 21 UN ITE,G ROW DL Aquatic Facility and Am enity Rentals, Lane Rentals, and Water Park Pavilion Rentals Penton Parks and Rc: Aquatic Facility Rentals I Based on guest attendance ' - W ater W arks Park i -40o Guests 4 01-600 Guests 6 01-80o Guests 8 01-1,20o Guests i ,2ol-1,600 Guests $1,400 12-hour m in. s1,600 12-hour m in. $1,80o 12-hour m n. $2,000 12-hour m n. $2,200 12-hour min. s5oo per extra hour $525 per extra hour $55o per extra hour $575 per extra hour s600 per extra hour Civic Center Pool(M cnday-Thursday) 1 -10o Guests 1 01-2oo Guests 2 01-3oo Guests 3 01-40o Guests $275 12-hour m in. $375 12-hour m n. 475 12-hour m in. $575 12-hour m n. $too per extra hour $125 per extra hour s15o per extra hour $175 per extra hour Civic Center Pool(Friday-Sunday) 1-2oo Guests 1 01-2oo Guests 2 01-3oo Guests 3 01-40o Guests $325I2-hour m n. $425I2-hour m n. $525I2-hour m n. $625I2-hour m n. sloo per extra hour $125 per extra hour s15o per extra hour $175 per extra hour Denton Natatorium 1-2oo Guests 1 01-2oo Guests 2 01-3oo Guests 3 01-40o Guests $325I2-hour m in. $425I2-hour m in. $525I2-hour m n. s625I2-hour m in. sloo per extra hour $125 per extra hour s15o per extra hour $175 per extra hour Aquatic Am eiity Rentals W Water Park Luxury Loungers M cnday-Thursday M cnday-Thursday Friday-Sunday Friday-Sunday $30 13-hour m n. $55 I per day s 40 13-hour m in. $75 I per day s10 per extra hour slo per extra hour W ater Park Cabanas M cnday-Thursday Friday-Sunday $65I3-hour m n. s8oI3-hour min. $20 per extra hour $25 per extra hour Aquatic Facility Use Rentals Lane and Pavilion Rentals Rental Fee Application of Fee and Description Natatorium Lane Rental $ 12 H ourlyfee for exclusive use of a lap swim lane in the Natatorium. Water Park Party Pavilion $ 75 H ourlyfee for use ofthe Party Pavilion,each additional hour is s5o Water Park Corporate Pavilion Area $ 15o H ourlyfee for use ofthe Corporate Pavilion,sand volleyball court,and grassy area,each additional hour is$50 Outside Catering Fee $ 15o F ee for use of outside catering during private rental,after hours rental,or corporate pavilion area. Fiscal Year 2023-2024 Rate Book 22 Nonresident fee mWapply. UNITE,GROW, . © Aquatics Promotions and Discounts Dcntan Pa,ks and Rc Aquatic Prom ctions and Discounts M iitary Discount Days-$z off full-priced adm issions at W W P,Nat,or CCP*1 $z off for all m iitary active duty,veterans,retired,and reserves that have a valid identification card(cannot be expired)on select days(M ern crial Day,June 6,July 4*,Labor Day)*CCP runs asi adm bsionspecial all day onJulyq. Water Works Park Prom otions and Discounts Season Pass Perks Silver M an bership • S ouvenir cup with$i refills • T wo 5o%off daily adm'sion coupons for friends and fam iy • 1 o%off concessions and gift shop purchase • s io offtotal cabana rental M Th • $ 5 offtotal luxury lounger rental • M mber Appreciation Event Gold M Em bership • S ouvenir cup with free refills • T wo general adm ission tickets • T wo 5o%off daily adm ission coupons for friends and fam iy • F our m eal corn bo vouchers for concessions • 1 o%off concessions and gift shop • $ 25 Luxury Lounger rentals(3 hours per rental) • z o%offtotal cabana rental M Th • 4 Dive-In-M o✓ie passes • M mber Appreciation Event • 4 Cooler Passes(single use) Platinum M anbership • S ouvenir cup with free refills • F our general adm ission tickets • S ix 5o%off daily adm ission coupons for friends and fam iy • F ive m eal com bo vouchers for concessions • i o%off concessions and gift shop • $ 25 Luxury Lounger rentals(3 hours per rental) • 3 o%offtotal cabana rental M Th • 4 Dive-In-M o✓ie passes • O ne free Luxury Lounger rental per season • O ne free Cabana Rental per season • M m ber Appreciation Event Nonresident f e m�o��IryPass included Fiscal Year 2023-2024 Rate Book 23 UNITE,GROW. ' © Aquatics Promotions and Discounts Denton Pa k—d Re M arketing Discount Incentives Park Foundation Giveaways 14o daily adm ission passes,4o rec center passes for fundraising events Special Events Giveaways 15o daily adm ission passes leverage as incentives and prom otions for special events(City operated only;internal departm Ent partnership) Social M eJia Cam paign 1 zoo daily adm ssion passes leverage as incentives for m aketing cam paigns M cbile and Social M edia M aketing si Concessions Sales M cbile and Social M a-lia M aketing 5o%off concession item s M obile and Social M eJia M aketing I zoth Anniversary Sale($zo is good for 4 General Adm ission tickets to Water Works Park on June 20,July zo,and August zo,2023.) M obile and Print M eJia M aketing 1$z off Twilight Admission Discount,M enday-Friday,4 p.m.-Close $7 per guest under 48 inches I Discounted daily adm ission fee during low attended hours;nonresident fee m a7 apply sii per guest 48 inches&taller Discounted daily adm 6sion fee during low attended hours;nonresident fee m a7 apply Facility M aintenance Discount $z off adm fission when m e or am eiities are under repair Concessions and M e•chandise will be priced between so-sioo per item or bundle deal Natatorium Promotions and Discounts Natatorium Pass Perks I One free daily adm 6sion coupon for friends and fam iy Concessions and M erchandise will be priced between so-sioo per item or bundle deal Civic Center Pool Special Event Discounts Father's Day I Fathers get in for si with an accom panied paid adm 6sion July 41 si Daily adm ission,all-day Em ployee Incentive and Discounts City of Denton and DISD Em ployees I s5o All Access Annual Aquatics Pass per em ployee and im m(hate fam iy m e m brs On-Duty Staff Incentive 1 3o%off concession item s Lifeguards I Initial cost of certification paid back in August if class was taken with City of Denton Parks and Recreation D q)artm ent Holiday bonus pay incentives for July 4 and Labor Day Fiscal Year 2023-2024 Rate Book 24 ORDINANCE NO. 22-1967 AN ORDINANCE ADOPTING A SCHEDULE OF FEES FOR THE DENTON FIRE DEPARTMENT; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE; PROVIDING SEVERABILITY; PROVIDING A REPEALER;AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been presented with a new Denton Fire Department Fee Schedule which is attached hereto and made a part hereof as Exhibit"A" (the"Fire Fee Schedule"); and WHEREAS,the Fire Fee Schedule has been determined after confirming that the fees recover costs expended to operate applicable fire facilities and services; and WHEREAS, the City Council finds that the fees imposed by the attached Fire Fee Schedule are in the public interest;NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Fire Fee Schedule set forth in Exhibit "A" attached hereto and incorporated herein as though set forth in full, is hereby adopted and approved. SECTION 3.The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. All other prior conflicting fee schedules are hereby superseded and repealed,but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 5.This ordinance shall become effective immediately after its passage and approval. ` r The motion to approve this ordinance was made by t/t C.k,� l�j U and seconded by B rioan 3ex.,14 ;this ordinance wasp sed and approved by the following vote ['�- ) ]: Aye Nay Abstain Absent Gerard Hudspeth,Mayor: V/ Vicki Byrd,District 1: V/ Fiscal Year 2023-2024 Rate Book 25 Brian Beck,District 2: 1r Jesse Davis,District 3: ✓ Alison Maguire,District 4: Brandon Chase McGee At Large Place 5: Chris Watts,At Large Place 6: ✓ PASSED AND APPROVED this the 2 lam` day of kc"'bef— , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY •�`0 F DEN .•......... Cj BY: APPROVED AS TO LEGAL FORM: #FNT 0 N••��``` MACK REINWAND, CITY ATTORNEY BY: Fiscal Year 2023-2024 Rate Book 26 EXHIBIT"A" Fire Department Fee Schedule General Fund Effective October 1,2022 Emergency Medical Services(EMS) EMS Procedures FY 2022-23 Advanced Life Support(ALS) 1 Emergency Base Rate $ 855.00 ALS 2 Emergency Base Rate $ 900.00 ALS Supplies-Intubation $ 100.00 ALS Supplies-IO Infusion $ 262.25 ALS Supplies-Surgical Airway $ 314.75 Basic Life Support (BLS)Base Rate $ 787.00 EKG Interpretation $ 260.00 IV-Administration/Therapy $ 258.00 Medical Records Request $ 40.00 Oxygen Administration& Supplies $ 119.00 Transport Mileage per mile $ 15.00 Treatment/No Transportation ALS $ 200.00 Treatment/No Transportation BLS $ 100.00 EMS Medications FY 2022-23 Acetaminophen Elixer 160 mg/5ml $ 2.59 Adenocard 6 MG/2ML ANSYR Syringe $ 5.45 Alcaine 15 ML $ 7.20 Amidate 40 MG 20 ML $ 31.20 Amiodarone 150mg,3m1 vial $ 10.08 Anectine(Succinylcholine) 200 MG $ 30.55 Aspirin Children's Chewable 81 MG $ 0.39 Atropine 1MG IOML $ 13.24 Calcium Gluconate, 100 mg/ml, 10 ml $ 15.31 Cyanokit(Hydroxocobalamin) $ 1,073.65 Dextrose 10%25GM 250ML Bag $ 8.44 Dextrose 25% 10ML Pre-Filled Syringe $ 12.21 Dextrose 50%25GM 50ML $ 17.10 Diltiazem 25 mg,5 ml vial $ 7.24 Diphenhydramine 50 MG $ 1.29 Epinephrine 1:1000 1 ML AMPULE $ 17.99 Epinephrine 1:10000 1MG IOML $ 8.65 Fentanyl $ 3.96 Furosemide 40MG 4ML $ 13.73 Glucagon 1 MG Lilly Kit Red Box $ 207.10 Haloperidol lactate 5MG/NL 1ML $ 8.36 Insta-Glutose 31GM 15GM $ 4.61 Ipratropium bromide 0.5Mg/Albuterol 3.OMG $ 0.39 Fiscal Year 2023-2024 Rate Book 27 Ketamine 50mg/ml, 10 ml vial $ 13.73 Labetalol 100 mg,20 ml vial $ 10.38 Lidocaine 2% 100MG 5ML Luer Jet $ 24.45 Lidocaine 2% 5ML Jelly $ 9.04 Magnesium Sulfate 1GM 2ml 5GM, IOml $ 3.98 Meloxicam $ 3.01 Metoclopramide 5mg/ml,2ml $ 1.65 Midazolam 1 Mg/ML $ 2.06 Morphine sulfate $ 2.81 Naloxone 2MG 2ML $ 40.26 Nitro Single Dose Packet-GoNitro .4MG $ 6.51 Nitro spray 90 0.4 MG Metered Dose $ 1.87 Ondansetron 4MG 2ML Vial $ 2.06 Ondansetron ODT 4mg tablet $ 0.39 Oxymetazoline (Afrin) $ 6.53 Prednisone $ 0.25 Promethazine 25MG $ 2.26 Racemic Epinephrine .5ml $ 2.07 Rocuronium IOMG/ML, IOML Vial $ 10.10 Sodium bicarbonate 8.4%50ML $ 15.00 Solu-Medrol 125mg,2ml $ 14.06 Succinylcholine $ 30.55 Thiamine 100Mg/ML 2ML $ 13.37 Tranexamic Acid 100 mg/ml, 10 ml vial $ 36.52 Vecuronium 10 ML $ 26.69 Emergency Standby FY 2022-23 Ambulance Standby $ 150.00 The city shall charge an Emergency Ambulance Standby fee of$150.00 per hour with a four hour minimum for the use of any City of Denton emergency paramedic and ambulance for standby at special events such as football games,rodeos, concerts etc. If any patient is transported, all applicable fees set forth in this ordinance shall be charged to the patient as incurred. Billing begins 30 minutes prior to the event start time and ends 30 minutes after the event ending time, and counts toward the four hour minimum. The approval of a emergency standby has to be pre-approved by the EMS Battalion Chief at least 72 hours prior to the event. Fiscal Year 2023-2024 Rate Book 28 Paramedic Standby $ 60.00 The city shall charge an Emergency Paramedic Standby fee of$60.00 per hour for the use of any City of Denton emergency paramedic for standby at special events such as football games,rodeos, concerts etc. If any patient is transported, all applicable fees set forth in this ordinance shall be charged to the patient as incurred. Billing begins 30 minutes prior to the event start time and ends 30 minutes after the event ending time. The approval of a paramedic standby has to be pre-approved by the EMS Battalion Chief at least 72 hours prior to the event. Medical Assistance provided to non-emergency ambulance providers operating within the City of Denton,or the departments jurisdiction. $ 150.00 Fire Prevention Inspections FY 2022-23 Hood(per system) $ 35.00 Fire Alarm(per alarm panel) $ 35.00 Sprinkler(per each sprinkler riser) $ 3 5.00 Fire Pump (per pump) $ 35.00 Reinspection Fee 1 to 3,000 $ 50.00 Reinspection Fee 3,001 to 24,000 $ 75.00 Reinspection Fee 24,001 to 100,000 $ 100.00 Reinspection Fee over 100,000 $ 100.00 Second Follow Up Reinspection Fee 1 to 3,000 $ 50.00 Second Follow Up Reinspection Fee 3,001 to 24,000 $ 100.00 Second Follow Up Reinspection Fee 24,001 to 100,000 $ 200.00 Second Follow Up Reinspection Fee over 100,000 $ 200.00 Permit Reinspection Fee $ 50.00 After Hours Inspection Request(per hour,two-hour minimum) $ 183.00 False Alarm Calls $ 75.00 Operational Permits FY 2022-23 Operational Permits $ 200.00 Permit Reinspection Fees $ 50.00 Construction Permits FY 2022-23 Construction Fees $ 200.00 Temporary Membrane Structures and Tents $ 35.00 Fiscal Year 2023-2024 Rate Book 29 EMS Training American Heart Association Cardiopulmonary Resuscitation(CPR) $ 50.00 American Heart Association CPR Skills Testing Only $ 25.00 Training Facility FY 2022-23 Tower rental,half day(4 hours)without live burn $ 300.00 Tower rental,full day (8 hours)without live burn $ 600.00 Tower rental,half day(4 hours)with Class B live burn $ 700.00 Tower rental,full day (8 hours)with Class B live burn $ 1,400.00 Class A live bum at training facility,half day(2 burns) $ 1,000.00 Class A live burn at training facility, full day(4 burns) $ 1,700.00 Roof Prop without oriented strand board(OSB),half day(4 hours) $ 250.00 Roof Prop with OSB supplied,half day(4 hours) $ 500.00 Additional OSB per�heetj&21 $ 24.00 Self-Contained Breathing Apparatus Course,half day(4 hours) $ 250.00 Cancellation Fee(if within 48hrs. of event) 25%of Scheduled Cost Fiscal Year 2023-2024 Rate Book 30 Hazardous Materials Reimbursement FY 2022-23 Apparatus Quint $ 121.00 Engine $ 84.04 Hazmat $ 84.04 Hazmat Pickup $ 22.99 Medic $ 41.18 Rescue 1 $ 96.36 Brush $ 43.43 DC7 Apparatus $ 38.00 BC Truck $ 22.64 Truck 1 $ 178.00 Support $ 19.00 Suit Level A $ 900.00 Level A w/flash $ 1,800.00 Level C $ 80.00 Encapsulated $ 190.00 Nonencapsulated $ 100.00 Personnel Firefighter per hour $ 39.61 Driver per hour $ 47.01 Captain per hour $ 56.85 Battalion Chief per hour $ 65.22 Investigator $ 56.85 Supplies Absorbent-per 501b.bag $ 8.00 Barrels(55gal) $ 50.00 Booms $ 20.00 Boot Covers $ 20.00 Brooms $ 20.00 Butyl Gloves $ 40.00 Chemtape $ 30.00 Diatomaceous Earth-per 501b.bag $ 70.00 Disposal $ 500.00 Disposal Bags $ 6.00 Disposal Bags-CS $ 300.00 Drum Liners $ 10.00 Duct Tape $ 10.00 Flares $ 3.00 Foam-per 5 gal. $ 200.00 Grounding Rod $ 20.00 Fiscal Year 2023-2024 Rate Book 31 HazMat Boots(pair) $ 100.00 Kevlar Gloves(pair) $ 10.00 Microblaze-per pint $ 8.00 Microblaze-per gal. $ 64.00 Nitrile Gloves(pair) $ 15.00 Plug n'dike $ 15.00 Pools $ 15.00 Pump Spray $ 60.00 Respirator $ 45.00 Salvage Cover $ 100.00 Shovel $ 30.00 Sorbent Pads $ 1.00 Sorbent Pads-BDL $ 100.00 Sorbent Pillows $ 4.00 Sorbent Pillows-CS $ 40.00 Vermeculite $ 15.00 Wooden Plug $ 15.00 Flow Stop Plug $ 130.00 Overpacks 20 Gallon Poly $ 55.00 30 Gallon Poly $ 70.00 65 Gallon poly $ 180.00 95 Gallon Poly $ 195.00 8 Gallon Steel $ 85.00 15 Gallon Steel $ 85.00 30 Gallon Steel $ 105.00 55 Gallon Steel $ 110.00 85 Gallon Steel $ 185.00 Fiscal Year 2023-2024 Rate Book 32 ORDINANCE NO. 22-1969 AN ORDINANCE ADOPTING A SCHEDULE OF FEES FOR THE USE OF THE DENTON POLICE DEPARTMENT PUBLIC SAFETY TRAINING CENTER, FIREARMS RANGE, OFFICER OFF-DUTY/PRIVATE EVENT PAY, AND MOTOR VEHICLE ESCORTS FOR HIRE; PROVIDING FOR SEVERABILITY; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE;AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, said schedule of fees has been determined after confirming that the fees recover costs expended to operate facilities; and WHEREAS, the City Council finds that the fees imposed by the attached Police Department Fee Schedule are in the public interest;NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Schedule of Fees set forth in Exhibit A attached hereto and made a part hereof for all purposes, is hereby adopted and shall be effective October 1, 2022. SECTION 3. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4.All other prior conflicting fee schedules are hereby superseded and repealed, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith,this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 5. This ordinance shall become effective immediately after its passage and approval. The motion to approve this ordinance was made by Briari Beck and seconded by CA-iri-s WaMS ; this ordinance was passed and approved by the following vote 1 rl 1: Aye Nay Abstain Absent Gerard Hudspeth,Mayor: t/ Vicki Byrd,District 1: V Brian Beck,District 2: ✓ Jesse Davis,District 3: ✓ Alison Maguire,District 4: ✓ Brandon Chase McGee Fiscal Year 2023-2024 Rate Book 33 At Large Place 5: Chris Watts,At Large Place 6: PASSED AND APPROVED this the -(�— day of &09-m b•er- , 2022. GERARD HUDSPETH,MAYOR ATTEST: ROSA RIOS, CITY SECRETARY %%%J11111/1� 0 D ENT��ii 0 •4- BY• — • APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: Fiscal Year 2023-2024 Rate Book 34 EXHIBIT A Denton Police Department Fee Schedule Public Safety Training Center Classroom $100/da Defensive Tactics Room $150/day Tactical Simulation Area $150/day Force Simulator $200/day Operator for Simulators $100/day K9 Class—Working Spot(Includes Canine an $250/class Participation) K9 Class—Audit(No Canine, Observe Only) $100/class Firearms Range Range usage $150/day Officer Off Duty/Private Event Pa Police Officer $50/hour Police Supervisor $55/hour Lieutenant/Commander $60/hour Outside Traffic-Officer $55/hour Outside Traffic- Supervisor $60/hour Holiday- Officer $60/hour Holiday—Supervisor $65/hour Short Notice—Officer $60/hour Short Notice- Supervisor $65/hour Marked Police Vehicle $20/hour Administrative Fee 10.5%of hourly rate* *The administrative fee is charged by our contracted vendor, Extra Duty Solutions, to those requesting a police officer to work a private event. The fee charged is a percentage of the hourly rate being charged for the requested event, currently set at 10.5%. Extra Duty Solutions now handles all intake of off duty police officer requests, scheduling through their App, invoicing, and payment to the officers.Additionally, supplemental insurance is provided for both the event requesting an officer and for the officer working in an off-duty capacity. Motor Vehicle Escorts for Hire Escort License Fee $160/annuall Chauffeur's License Fee $50/annuall Fiscal Year 2023-2024 Rate Book 35 ORDINANCE NO. 22-1968 AN ORDINANCE OF THE CITY OF DENTON ADOPTING A SCHEDULE OF FEES FOR THE DENTON PUBLIC LIBRARY; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council wishes to establish a Schedule of Fees associated with the Denton Public Library, specifically for lost or damaged library books and materials, library cards, utilization of collection agencies, printing and copying, and retail or for the sale of supplies to library patrons; and WHEREAS, all fees assessed under this Ordinance have been comprehensively reviewed, are fair and reasonable, and do not exceed a reasonable cost to the City to provide library services to the public; and WHEREAS, after said review,the City Council deems it in the best interest of the City to establish the Schedule of Fees associated with the Denton Public Library, as set forth in Exhibit "A,"attached hereto;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference and found to be true. SECTION 2. The "Schedule of Fees" is set forth in Exhibit "A," which said exhibit is incorporated herein, as though set forth in full, and is hereby adopted. SECTION 3. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this Ordinance shall not affect the validity or effectiveness of the remainder of this Ordinance. SECTION 4. Ordinance Number 2021-859 and all other prior conflicting fee schedules are hereby superseded and repealed, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. Fiscal Year 2023-2024 Rate Book 36 ORDINANCE NO. 22-1968 AN ORDINANCE OF THE CITY OF DENTON ADOPTING A SCHEDULE OF FEES FOR THE DENTON PUBLIC LIBRARY; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council wishes to establish a Schedule of Fees associated with the Denton Public Library, specifically for lost or damaged library books and materials, library cards, utilization of collection agencies, printing and copying, and retail or for the sale of supplies to library patrons; and WHEREAS, all fees assessed under this Ordinance have been comprehensively reviewed, are fair and reasonable, and do not exceed a reasonable cost to the City to provide library services to the public; and WHEREAS, after said review,the City Council deems it in the best interest of the City to establish the Schedule of Fees associated with the Denton Public Library, as set forth in Exhibit "A,"attached hereto;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference and found to be true. SECTION 2. The "Schedule of Fees" is set forth in Exhibit "A," which said exhibit is incorporated herein, as though set forth in full, and is hereby adopted. SECTION 3. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this Ordinance shall not affect the validity or effectiveness of the remainder of this Ordinance. SECTION 4. Ordinance Number 2021-859 and all other prior conflicting fee schedules are hereby superseded and repealed, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. Fiscal Year 2023-2024 Rate Book 37 The motion to approve this Ordinance was made by I8T can 5&Y, and seconded by A fsorn Hacwiwe. this Ordinance was passed and approved by the following vote [ 7 - 01: Aye Nay Abstain Absent Mayor Gerard Hudspeth: ✓ Vicki Byrd,District 1: Brian Beck,District 2: _V Jesse Davis,District 3: Alison Maguire,District 4: V Brandon Chase McGee, At Large Place 5: ✓ Chris Watts,At Large Place 6: PASSED AND APPROVED this the day of Se her' 52022. GERARD fWDSPETH, MAYOR ATTEST: ROSA RIGS, CITY SECRETARY ``%%13F D ENT-%� ♦��y .••.........• 0 041 BY: i 4 APPROVED AS TO LEGAL FORM: '� &'O„�� MACK REINWAND, CITY ATTORNEY BY: Fiscal Year 2023-2024 Rate Book 38 Denton Public Library 2022-2023 Schedule of Fees Lost or Damaged Item Fees Loss or damage to library materials Lost DVD or Music CD case (complete) $6.00 Lost Audiobook Case (complete) $12.50 Damaged DVD or Music case $1.50 Damaged Audiobook case $8.00 Damaged or missing barcode $1.00 Lost or damaged RFID tag $0.50 Lost or damaged CD/DVD/Audiobook $3.00 cover/insert Lost or damaged audiobook CD $10.00 per CD Lost or damaged Discovery Kit container $10.00 Lost or damaged 1LL Strap $2.50 Lost or ruined Discovery Kit components $5.00, $10.00, $20.00, $40.00, $60.00, $80.00, or$100.00 per item as indicated in each Discovery Kit Lost or ruined materials Cost for item as noted in the item record Library Cards and Account Fees Fees for replacement cards and non-resident accounts Replacement card $2.00 Non-resident card $50/year or$25/6 months Collection Agency Fees Fees for collection agency contacting patron regarding outstanding charges Accrued charges between$10.00 and$24.99 $3.25 Accrued charges $25 and over $9.85 Printing and Copying Costs Fees for printing and copying Black& White Printing $0.10/page Color Printing $0.25/page Black& White Copies $0.10/page 3D Printing $0.75/10 grams Makerspace Material Costs Fees for makerspace material supplies Laminating $0.50/linear foot Miscellaneous Materials $1.00, $2.50, $5.00, $10.00, $15.00, $20.00, or$25.00 per item as indicated on displayed sample materials Retail* Sale ofsupplies to the public USB drive $5.00 Earbuds $1.00 *Sales taxes apply to retail sale items. Fiscal Year 2023-2024 Rate Book 39 DUMA NIKM10 City of Denton Animal Services Receipt f YOUR BEST FRIEND IS WAITING HERE FOR YOU! ' Adoption Cat Adoption $60.00 Dog Adoption $60.00 Impound Fee 1:1 Impound $20.00 2nd Impound (Requires Spay or Neuter per sec.6-17(d)of the Denton Animal Control Ordinance) $30.00 31d Impound $45.00 4th Impound $70.00 Holding/Quarantine Fees 1 day $8.00 2 days $16.00 3 days $24.00 4 days $32.00 5 days $40.00 6 days $48.00 7 days $56.00 8 days $64.00 9 days $72.00 10 days $80.00 11 days $88.00 12 days $96.00 Other Fees City Registration—Not Sterilized $25.00 City Registration—Sterilized $4.00 City Registration—Sterilized with Microchip $0.00 Dangerous Animal $200.00 Carcass Disposal(Pick up by Animal Services) $35.00 Euthanasia Fee $45.00 Microchip Fee $ Signature: Date: Total: Officer Signature: Payment Method: ❑Cash ❑Check ❑Credit Card ❑Other Fiscal Year 2023-2024 Rate Book 40 ORDINANCE NO. 22-1971 AN ORDINANCE OF THE CITY OF DENTON,TEXAS ADOPTING A SCHEDULE OF FEES RELATED TO PERMITS ISSUED, AND SERVICES PROVIDED, BY THE BUILDING OFFICIAL,INCLUDING BUILDING PERMIT FEES, CONSUMER HEALTH PERMIT FEES, FENCE AND RETAINING WALL PERMIT FEES, MOBILE HOME MOVING FEES, TEMPORARY PERMIT FEES, AND INVESTIGATION AND ADMINISTRATIVE FEES; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been presented with a new Building Permit Fee Schedule which is attached hereto and made a part hereof as Exhibit"A" (the "Building and Permit Fee Schedule"); and WHEREAS, said schedule of fees has been determined after an extensive cost of services study determined that prior fees were not recovering costs expended, and recommended approval of a new table that more closely approaches the true cost of these services; and WHEREAS, the City Council finds that the fees imposed by the attached Building and Permit Fee Schedule are in the public interest;NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The "Schedule of Fees" set forth in Exhibit "A", is incorporated herein as though set forth in full, and is hereby adopted and approved. SECTION 3. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. If any section, subsection,paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. Ordinance 19-2130 and all other prior conflicting fee schedules are hereby superseded and repealed,but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith,this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 5. This ordinance shall become effective immediately after its passage and approval. Fiscal Year 2023-2024 Rate Book 41 The motion to approve this ordinance was made by $ and seconded by Se -D"tS ,the ordinance was passed and approved by the following vote ?- D]: Aye Nay Abstain Absent Gerard Hudspeth,Mayor: ✓ Vicki Byrd,District 1: ✓ Brian Beck,District 2: Jesse Davis,District 3: ✓ Alison Maguire,District 4: ✓ Brandon Chase McGee, At Large Place 5: ✓ Chris Watts,At Large Place 6: ✓ PASSED AND APPROVED this,the y''day of SP.+ k*Y-%6r, 2022. GERARD ft6SPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY oF 1 p 11111, �� ......�� 0 i� s ' BY APPROVED AS TO LEGAL FORM: '> �F 0 t4- 'tti``.` MACK REINWAND, CITY ATTORNEY ��f l BY: Fiscal Year 2023-2024 Rate Book 42 EXHIBIT A BUILDING&PERMIT FEES 1 & 2 Family Dwelling Permit Fees Building Permit Fee - Per Sq Ft $0.89 Plan Review Fee $141 Fence Permit - Residential $44 Retaining Wall Plan Review $141 Park Development Fee $291 New Commercial and Multi-Family Building Permit Fees New Commercial Building Permit* $1 to $100,000.00 $411.00 for the first $50,000.00 plus $3.00 for each additional $1000.00 or fraction thereof, to and including $100,000.00 $100,000.00 to $500,000.00 $561.00 for the first$100,000.00 plus $2.00 for each additional $1000.00 or fraction thereof, to and including $500,000.00 $500,000.01 to $1,000,000.00 $1361.00 for the first $500,000.00 plus $7.56 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,000.01 and up $5141.00 for the first $1,000,000.00 plus $3.25 for each additional $1,000.00 or fraction thereof Plan Review Fee 50% of the Building Permit Fee (Min. fee $50.00) Site Plan Review Fee $0.03 per Building SF, $50.00 Min. not to exceed $1,500.00 Parkin Lot 1-50 $394 51-100 $538 101-250 $970 251-500 $1,835 *Building Valuation Data shall be based on the most current Building Safety Magazine,as published by the International Code Council. Building Permit Electrical, Mechanical, and Plumbing Fees Minimum Fee - Per Sq Ft Min $50 $0.21 MEP Flat Fee (i.e. Service Update, Water Heater, Mechanical) $50 Lawn Sprinkler System - Residential $118 Lawn Sprinkler System - Commercial $249 Lawn Sprinkler Alteration $48 Fiscal Year 2023-2024 Rate Book 43 Additions/Alterations/Fire Damage Single Family Permit Fee - Per Sq Ft Min $50 $0.25 Plan Review Fee $50 Duplex's, Triplex's, & Townhomes Permit Fee - Per Sq Ft Min $50 $0.25 Plan Review Fee $50 Multi-Family 4 units & above Permit Fee - Per Sq Ft Min $50 $1.42 Plan Review Fee $222 Commercial Buildings Permit Fee - Per Sq Ft Min $50 $1.48 Plan Review Fee $222 Sign Permit Fees Sign Contractor Annual Registration $66 Off Premise Signs on State Highways: Annual Review $100 Sign Permit 0-60 sq ft $137 60-120 sq ft $206 120-250 sq ft $274 >250 sq ft $343 Wind Device Permits $33 Sign Permit for Window/Door Vinyl $50 Special Exception Petition - Per request $250 Si n Variance Petition - Per variance $250 Sign Appeal Petition - Per appeal $250 Special Sign District $549 Annual Banner Permit - Per Banner $66 Sign Installed Without Permit $108 Fiscal Year 2023-2024 Rate Book 44 Miscellaneous Fees Curb Cut Permit -Commercial $330 Curb Cut Permit- Residential $50 Fence Permit - Residential $44 Fence Permit- Commercial Per linear foot $0.71 Retaining Wall Permit Per linear foot $1.08 Retaining Wall Plan Review $141 Single-Family Residential Reroof $50 Temporary Power Pole $48 Temporary Gas/Electric $96 Commercial Reroof Base Fee $141 Per square foot in addition to base fee $_02 Certificate of Occupancy $75 Construction Trailer (temporary-leasing office, construction, etc.) $287 House Moving Permit $573 Residential Demolition Permit $179 Residential Interior Alteration Demolition $50 Commercial Demolition Permit (complete or partial) $471 Spa/Hot Tub/Above Ground Pool $50 Pool $357 Re-Inspection Fee $50 Same Day Inspection Fee $183 Inspection requested after hours per hour, two- hour minimum charge $183 Variance Filing Fee $250 Landscape Fee $222 Mobile Home Park Annual License <100 stands $108 100-499 stands $216 >_500 stands $432 Mobile Home Move-in $179 Electrical Contractor Annual Registration $0 Plumbing Contractor Annual Registration $0 Irri ation Contractor Annual Registration $66 Mechanical Contractor Annual Registration $66 General Contractor Annual Registration $66 Working Without a Permit $108 Investi ation Fee $80 Administrative Fee- Per 15 min $33 Fiscal Year 2023-2024 Rate Book 45 Miscellaneous Fees Continued Temporary Certificate of Occupancy - Per square foot, minimum $75 $0.008 Temporary Use Permit Portable Storage Unit $50 Temporary Batch Plant $178 Temporary Construction Fence $100 Business License $207 Short Term Rental Registration $100 Tree Removal Permit (in addition to tree mitigation fees if apply) $215 Clearing and Grading $427 For the use of outside consultants for plan review and/or inspections or both Actual Cost Health and Food Safety Permit Fees Food Manager Registration $38 Alcohol Permits 50 % of TABC Fee Commercial Pools Pool Operator Certification $41 Pool or Spa Application Fee $162 Annual Pool or Spa Permit $162 Restaurant <1000 sq ft GFA $162 >1000 sq ft GFA $487 Class I Mobile Food Unit $162 Class II Mobile Food Unit $324 Class III Mobile Food Unit $162 Class IV Mobile Food Unit $81 Fiscal Year 2023-2024 Rate Book 46 Health and Food Safety Permit Fees Continued School Cafeteria $487 Grocery Store <12,000 sq ft GFA $324 >12,000 sq ft GFA $487 Convenience Store without deli $162 Convenience Store with deli $324 Miscellaneous & Temporary Bars $324 Daycare $324 Nursing Homes and all others $324 Farmers/Community Market $100 Seasonal Permit Fee (Concession Stand, snow- cone stand or similar structure) $162 Temporary Food Permit $50 Application fee for new health permits $162 Health Re-Inspection $50 Engineering Review of Building Permits Inspection Type Initial Plan Review $300.00 per hour Fees for Appeals and Variances Fee Per Appeal/Variance to Traffic Safety $300.00 Commission Fiscal Year 2023-2024 Rate Book 47 ORDINANCE NO. 22-1972 AN ORDINANCE OF THE CITY OF DENTON,TEXAS ADOPTING A SCHEDULE OF FEES FOR THE DEVELOPMENT SERVICES AND ENGINEERING DEPARTMENTS AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been presented with a new Development Services and Engineering Fee Schedule which is attached hereto and made a part hereof as Exhibit"A" (the "Development and Engineering Fee Schedule"); and WHEREAS, said schedule of fees has been determined after an extensive cost of services study determined that prior fees were not recovering costs expended, and recommended approval of a new table that more closely approaches the true cost of these services; and WHEREAS, the City Council finds that the fees imposed by the Development and Engineering Fee Schedule reflect true costs of these services and are in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The "Schedule of Fees" set forth in Exhibit "A", is incorporated herein as though set forth in full, and is hereby adopted and approved. SECTION 3. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. Ordinance 19-2131 and all other prior conflicting fee schedules are hereby superseded and repealed,but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative, except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 5. This ordinance shall become effective immediately upon passage and approval. Fiscal Year 2023-2024 Rate Book 48 The motion to approve this ordinance was made by Brean uy-,,�K and seconded by ZeSSe U2wiS ,the ordinance was passed and approved by the following vote l- '7 - C)I: Aye Nay Abstain Absent Gerard Hudsepth,Mayor: V Vicki Byrd,District l: ✓ Brian Beck,District 2: V Jesse Davis,District 3: V Alison Maguire,District 4: Brandon Chase McGee, At Large Place 5: V Chris Watts,At Large Place 6: PASSED AND APPROVED this,the 0,,..r1*-day of , 2022. �i GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY D ENT��ii BY: APPROVED AS TO LEGAL FORM: do* �e co MACK REINWAND, CITY ATTORNEYoF'•••••••••'��`.`� Hilary Negron ��`� 2022.09.19 BY: 12:11:42-05'00' Fiscal Year 2023-2024 Rate Book 49 FY22-23 Development Review Fee Schedule Application Type Planning Engineering Complete Notice Total Alternative Environmentally Sensitive Area Plan* $6,194 $0 $101 $6,295 Alternative Landscape Plan (Development Impact Area) 0-5 acres $3,539 $0 $101 $0 $3,640 6-25 acres $6,194 $0 $101 $0 $6,295 26-50 acres $8,848 $0 $101 $0 $8,949 Over 50 acres $11,502 $0 $101 $0 $11,603 Alternative Tree Plan* (Development Impact Area) 0-5 acres $3,539 $0 $101 $3,640 6-25 acres $6,194 $0 $101 $6,295 26-50 acres $8,848 $0 $101 $8,949 Over 50 acres $11,502 $0 $101 $11,603 Amending Final Plat $1,327 $0 $101 $0 $1,428 Annexation (city initiated) * $0 $0 $0 $0 $0 Annexation Petition (voluntary)* $6,206 $0 $101 $6,307 Certificate of Appropriateness $0 $0 $101 $0 $101 Certificate of Design Consistency $221 $0 $101 $0 $322 Certificate of Design Consistency requiring Council approval $1,770 $0 $101 $0 $1,871 $111 $0 $101 $0 $212 Comprehensive Plan Map Amendment* $8,594 $0 $101 $8,695 Conditional Letter of Map Revision (CLOMR) $0 $2,700 $101 $0 $2,801 Construction Plans $3,000 Deposit Engineering Review Fee (Based on review hours billed) 0 $300/hour $300/hour Conveyance Plat $1,327 $0 $101 $0 $1,428 DDC Minor Modification' $885 $0 $101 $986 Downstream Assessment $300/hr $101 Easement Abandonment Request $1,905 $1,280 $101 $0 $3,286 Easement Encroachment Agreement $1,905 $0 $101 $0 $2,006 Easement on City Property $1,482 $0 $101 $0 $1,583 Environmentally Sensitive Area Assessment $0 $0 $101 1 $01 $0 'Not related to a reasonable accommodation. Fiscal Year 2023-2024 Rate Book 50 FY22-23 Development Review Fee Schedule Final Plat/ Development Plat 1-10 Lots $5,632 $1,975 $101 $0 $7,708 11-50 Lots $6,366 $6,000 $101 $0 $12,467 51-100 Lots $7,763 $8,400 $101 $0 $16,264 Over 100 Lots $9,161 $8,400 $101 $0 $17,662 Final Replat 1-10 Lots $5,632 $960 $101 $6,693 11-50 Lots $6,366 $960 $101 $7,427 51-100 Lots $7,763 $960 $101 $8,824 Over 100 Lots $9,161 $960 $101 $10,222 Gas Well Development Plat 1-10 Lots $5,492 $0 $101 $0 $5,593 11-50 Lots $6,156 $0 $101 $0 $6,257 51-100 Lots $7,483 $0 $101 $0 $7,584 Over 100 Lots $8,810 $0 $101 $0 $8,911 Gas Well Development Site Plan $4,866 $0 $101 1 $0 $4,967 Municipal Utility District-Up to 25 acres $12,829+ $5,000 escrow deposit Per Acre Over 25 $38 Historical Conservation District* $0 $0 $101 $101 Historical Landmark Designation* $0 $0 $101 $101 Letter of Map Revision Without CLOMR $0 $11,840 $101 $0 $11,941 Following CLOMR $0 $1,600 $101 $0 $1,701 Minor Plat Residential $300 $320 $101 $0 $721 Minor Plat for Non-Residential and ETJ $1,327 $320 $101 $0 $1,748 Planned Development* - Up to 25 acres $12,829 $1,280 $101 $14,210 Per Acre Over 25 $38 $0 $0 $0 $38 Planned Development* Minor Amendment $2,152 $0 $101 $2,253 Planned Development* Major Amendment $6,636 $0 $101 $6,737 Plat Extension $1,327 $0 $101 $0 $1,428 Plat Vacation $1,327 $0 $101 $0 $1,428 'Not related to a reasonable accommodation. Fiscal Year 2023-2024 Rate Book 51 FY22-23 Development Review Fee Schedule Preliminary Plat 1-10 Lots $5,492 $1,975 $101 $0 $7,568 11-50 Lots $6,156 $6,000 $101 $0 $12,257 51-100 Lots $7,483 $8,400 $101 $0 $15,984 Over 100 Lots $8,810 $8,400 $101 $0 $17,311 Special Sign District* $6,194 $0 $101 $6,295 Special Sign District Amendment* $1,473 $101 $1,574 Specific Use Permit(SUP)* $8,405 $0 $101 $8,506 SUP not requiring Tier 1 or Tier 2 review as determined by Section $500 $0 $101 $601 7.2 of the DDC. Specific Use Permit Amendment* $1,770 $0 $101 $1,871 Specific Use Permit Extension $1,327 $0 $101 $0 $1,428 Street or Alley Right of Way Abandonment $1,905 $0 $101 $0 $2,006 Street or Alley Right of Way Use Agreement $1,905 $1,280 $101 $0 $3,286 Subdivision Variance Request* $250 $250 $101 $601 Traffic Impact Analysis $0 $4,480 $101 $0 $4,581 Tree Mitigation (Excluding Gas Wells) - Per caliper inch $200 $0 $0 $0 $200 Tree Preservation Plan 0-5 acres $3,539 $0 $101 $0 $3,640 5-25 acres $6,194 $0 $101 $0 $6,295 26-50 acres $8,848 $0 $101 $0 $8,949 Over 50 acres $11,502 $0 $101 $0 $11,603 Tree Relief $2,222 $0 $101 $0 $2,323 TxDOT Permit $0 $4,640 $101 $0 $4,741 Vested Rights Determination $1,770 $0 $101 $0 $1,871 Watershed Protection Permit Relief $955 $0 $0 $0 $955 Zoning (Change of Zoning Request)* $8,594 $0 $101 $8,695 Zoning (Change of Zoning Request) to address residential single lot $850 $0 $101 $951 non-conformity* Zoning Board of Adjustments (Non-Subdivision Variance and $250 $0 $101 $351 Appeals) 'Not related to a reasonable accommodation. Fiscal Year 2023-2024 Rate Book 52 FY22-23 Development Review Fee Schedule Zoning Compliance Plan n$1,770 $2,880 $101 $0 $7,847 Zoning Compliance Plan Amendment $0 $101 $0 $1,871 Zoning Verification Letter $0 $0 $0 $101 Each additional request (Copies of Certificate of Occupancy, $0 $0 $0 $34 Verification of Code Violations, Others) Alternative Develo meat Plan 0-5 acres $400 6-25 acres $600 26-50 acres $1,000 Over 50 acres $1,000+ $5/ac General Development Plan* $100+ $15/ac General Development Plan Extension* $1001[Rc1] n"laster Planned Community Amendment* 0-5 acres $1,500 6-25 acres $2,000 26-50 acres $3,000 Over 50 acres $4,000+ 10 per acre Miscellaneous Fees Reprographics and Documents Sales Color (Oversize) $16 Custom Maps $209 Municipal Setting Designation (MSD) $5,000 Fast Pass Pre-Submittal Process Fee for each requested review plus 50% Public Rehearing Fee $664 Denton County Filing Fees Actual Cost PAC Pre-Application Meeting $0 Resubmittal of Denied Application 50% of application fee *Public hearing notifications, in addition to the application *Public Hearing Notification fee, will be assessed the actual cost incurred by the City for mailing public hearing notices and postcards, and publication in the newspaper. 'Not related to a reasonable accommodation. Fiscal Year 2023-2024 Rate Book 53 ORDINANCE NO. 19-2439 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS MUNICIPAL HOME-RULE CORPORATION, REPEALING THE ENTIRETY OF DIVISION 3. - RIGHT-OF-WAY CONSTRUCTION, ARTICLE II — CONSTRUCTION AND REPAIR, CHAPTER 25 — STREETS,SIDEWALKS AND PUBLIC PLACES,OF THE CITY'S CODE OF ORDINANCES; REPEALING THE ENTIRETY OF DIVISION 4. — BARRICADING OF CONSTRUCTION AND PUBLIC RIGHTS-OF-WAY, ARTICLE II — CONSTRUCTION AND REPAIR, CHAPTER 25—STREETS, SIDEWALKS AND PUBLIC PLACES,OF THE CITY'S CODE OF ORDINANCES; CREATING A NEW DIVISION 3. - RIGHT-OF-WAY CONSTRUCTION MANAGEMENT,ARTICLE II—CONSTRUCTION AND REPAIR,CHAPTER 25—STREETS, SIDEWALKS AND PUBLIC PLACES, OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Texas has delegated to each city the fiduciary duty, as a trustee, to manage the Right-of-Way for the health, safety, and welfare of the public, subject to state law; and WHEREAS, the City Council has determined that construction in City of Denton's rights- of-way significantly interfere with the public use of the streets and result in a negative impact to public safety, air quality, level of service on streets and sidewalks, and aesthetics of the community; and WHEREAS, the City Council has determined that substantial public funds have been invested to build, maintain and repair the City streets, utilities, and rights-of-way; and WHEREAS, it is desirable to adopt regulations to manage construction in the City's rights- of-way to protect and safeguard the public infrastructure; and WHEREAS, the City Council finds that it is in interest of the public to adopt an ordinance for the management of construction in the City's rights-of-way; and, NOW THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, THAT: SECTION 1. Division 3. — Right-of-Way Construction, Article II — Construction and Repair, Chapter 25 — Streets, Sidewalks and Public Places, of the City of Denton Code of Ordinances, is repealed in its entirety and replaced with the following: "DIVISION 3. - RIGHT-OF-WAY CONSTRUCTION MANAGEMENT Sec. 25-71. Construction; governing law; venue. This Division shall be construed under and in accordance with the laws of the State of Texas and the City's Charter, Code of Ordinances, and Development Code ("City Laws") to the extent that the City Laws are not in conflict with or in violation of the Constitution and laws of the I Fiscal Year 2023-2024 Rate Book 54 United States or the State of Texas. All obligations of the parties hereunder are performable in Denton County, Texas. Sec. 25-72. Purpose; objectives; applicability. A. Purpose. This Division provides principles and procedures for the placement of structures and Facilities, Construction, Excavation, and/or occupation of a Work Area within or upon any Right-of-Way and to protect the integrity of the street and City Utility System. To achieve these purposes, it is necessary to require Permits of all users of the Rights-of-Way, except as prohibited by law, and to establish Permit procedures, rules, and regulations for work done within or upon the Rights-of-Way. B. Objectives.Public and private uses of Rights-of-Way for location of Facilities employed in the provision of public services should,in the interests of the general welfare,be accommodated; however, the City must insure that the primary purpose of the Rights-of-Way, safe passage of pedestrian and vehicular traffrc, is maintained to the greatest extent possible. In addition,the value of other public and private installations, streets, the City Utility System, Facilities and properties should be protected, competing uses must be reconciled, and the public safety preserved. The use of the Rights-of-Way by a Right-of-Way User is secondary to these public objectives and the movement of traffic. This Division is intended to strike a balance between the public need for efficient, safe transportation routes and the use of public Rights-of-Way for location of Facilities by public and private entities. Thus, the Division has several objectives: 1. To ensure that the public safety is maintained, and that public inconvenience is minimized. 2. To protect the City's infrastructure investment by establishing repair standards for the pavement, Facilities, and property in the Rights-of-Way when work is accomplished. 3. To facilitate work within the Rights-of-Way through the standardization of regulations. 4. To maintain an efficient and effective Permit process. 5. To conserve and fairly apportion the limited physical capacity of the Rights-of- Way held in public trust by the City. 6. To establish a public policy for enabling the City to discharge its public trust consistent with the evolving federal and/or state law and regulations, industry competition, and technological development. 7. To assure that the City can continue to fairly and responsibly protect the public health, safety, and welfare. C. Applicability. 2 Fiscal Year 2023-2024 Rate Book 55 1. The requirements of this Division apply to all Right-of-Way Users that place structures and Facilities or that conduct Construction, Excavation, and occupation of a Work Area within or upon any Right-of-Way except where: a. Use of the Right-of-Way is established by an agreement, license or other permit with the City which includes provisions in lieu of this Division. b. Federal and/or state law conflicts with all, or part, of this Division, in which case only the portions of this Division that are preempted will either: i. not be enforced; or ii. will be replaced with the appropriate federal and/or state law requirements which preempted all, or part, of this Division. 2. Any Permit issued prior to January 1, 2020 will remain subject to the terms and conditions of City Laws in effect at the time of issuance of the Permit and is not affected by this Division,except that,upon expiration or conclusion of the Permit,a new or renewal Permit must be obtained in accordance with this Division. Sec. 25-73. Definitions. The following definitions apply only to this Division: Arterial means any major street as shown on the City of Denton Mobility Plan,as amended. Applicant means a Person or authorized agent of a Person, who applies for a Permit under this Division. Bacly"ill means the placement or return of soil, fill, or other material for restoring an excavated area Certificated Telecommunications Provider(CTP) means the same as the term is defined in Section 283.002 (2), Texas Local Government Code, as amended. City means the City of Denton, Texas. As used throughout, the term City also includes the designated agent of the City. City Construction Standards means specifications, details, and general requirements adopted by City for the purposes of performing Construction in the Right-of Way. City Attorney means the City Attorney of the City. City Engineer means the City Engineer of the City, or designee, or any other Person designated by the City Manager to administer this Division. 3 Fiscal Year 2023-2024 Rate Book 56 City Inspector means an inspector as designated by the City Engineer. City Manager means the City Manager of the City. City Risk Manager means the Risk Manager of the City. City Secretary means the City Secretary for the City. City Utility System means the water, wastewater, drainage, stormwater, fiber and electric facilities owned and operated by the City. Closure means a complete or partial closing of one or more lanes of traffic of an Arterial and the complete Closure of any other type street or sidewalk. Construction means any of the following activities performed by any Right-of-Way User within a Right-of-Way: a. Installation, Excavation, laying, boring, jacking, placement, repair, upgrade, maintenance, or relocation of Facilities or other improvements, whether temporary or permanent; b. Modification or alteration to any surface, subsurface, or aerial space within the Right-of-Way; c. Performance, restoration, or repair of Pavement Cuts or Excavations; and/or d. Other similar construction work. Division means Division 3, of Division II, Chapter 25, of the City of Denton Code of Ordinances. Emergency Activity means an activity to respond to any event that may threaten public health or safety, including, but not limited to, unexpected or unplanned outage, cut, rupture, leak or any other failure of a Utility Facility that prevents or significantly jeopardizes the ability of a utility to provide service to customers; or could result in danger to the public or a material delay or hindrance to the provision of service to the public if the outage, cut, rupture, leak or any other such failure of Utility Facilities is not immediately repaired, controlled, stabilized or rectified; or any unforeseen occurrence involving a Utility Facility that a reasonable person could conclude under the circumstances that immediate action by the Utility is necessary and warranted in order to protect public safety and welfare. Upgrading of Facilities, new service installation and neighborhood improvement projects expressly do not qualify as emergency operations. Excavate or Excavation means to dig into or in any way remove or penetrate any part of a Right-of-Way and does not include landscaping activity unless the activity removes or disturbs the paved portion of the Right-of-Way. 4 Fiscal Year 2023-2024 Rate Book 57 Facilities means the plant, equipment, and property, including, but not limited to, lines, transport service,poles, mains,pipes, conduits, ducts,cables and wires located under, on or above the surface of the ground within the Right-of-Way and valves,and related Facilities and equipment used or useful for the provision of Utility services, wireless or network services, or communications services to the public. Franchise Utility shall mean any utility that has an agreement with the City that outlines certain requirements for the utility to use the City's Right-of-Way for purpose of providing utility service such as electric, gas,cable to any person or area of the City. As used throughout, Franchise Utility also includes contractors and subcontractors to do Construction on its behalf. High-Risk Main means any City water or City wastewater main pipeline with a diameter of 12 inches or larger, a wastewater force main of any size, or any other City-owned main otherwise expressly established by the City Engineer as qualifying for significant preservation measures to protect public health, safety, and welfare. Network Provider means the same as the term is defined in Section 284.002 (13), Texas Local Government Code, as amended. Pavement Cut means a cut made into the paved surface of a public street, alley, curb, sidewalk, or public easement. Permit means a Permit issued under this Division authorizing Construction in the Right- of-Way. Person means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company,joint venture,joint stock company or association, and other such entity who owns or controls Facilities. Public Infrastructure Contractor means a Person hired or retained to do Construction of Facilities that will be maintained by the City. "Public Infrastructure Contractor" includes all sub- contractors. Right-of-Way means the area on, below, or above a street, highway, sidewalk, alley, waterway, utility easement in which the City has an interest, or other way and that is open for public use, and that is owned by the City in full or in part, and that is managed and controlled by the City. The term does not include: a. a private easement of an entity external to the city; b. public utility easement; or c. private property. Right-of-Way User means a means a Person,its successors and assigns,that uses the Right- of-Way for purposes of Construction,Excavation,provision of services,or installing,constructing, maintaining, or repairing Facilities thereon, including, but not limited to, landowners, Utilities, s Fiscal Year 2023-2024 Rate Book 58 Certified Telecommunication Providers, Network Providers, Public Infrastructure Contractors, , and the City. Utility means any privately or publicly owned entity that uses Right-of-Way to furnish the public any general public service, including,without limitation,wastewater, gas,electricity,water, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the Right-of-Way. Vision Clearance Area means a triangle sight area at an intersection of two streets or driveways as shown in the City's Transportation Design Criteria Manual. Work Area means the full extent of the geographical space impacted by the act or result of Excavation,material storage,equipment use,or similar occupation by a Right-of-Way undertaking any work within or adjacent to Right-of-Way. The Work Area for all pavement patches shall extend a minimum of 3 feet beyond the patch. Sec. 25-74. Police powers. A Right-of-Way User's rights hereunder are subject to the police power of the City which includes the power to adopt and enforce City Laws, including amendments to this Division,necessary for the safety,health,and welfare of the public.The Right- of-Way User shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the City or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof with the exception when in conflict with federal and/or state, rules, or regulations. The City reserves the right to exercise its police powers, notwithstanding anything in this Division or a Permit to the contrary. Any conflict between the provisions of this Division or a Permit and any other present or future lawful exercise of the City's police powers shall be resolved in favor of the latter. Sec. 25-75. Authority of the City Engineer; enforcement; violations. A. City Engineer, or designees(s), is authorized to: 1. Administer and enforce the provisions of this Division. 2. Enter a construction site for which a Permit is granted under this Division for purposes of inspection to determine compliance with the Permit and this ordinance. B. Violations. A Right-of-Way User commits an offense if: 1. Performance, authorization, direction, or supervision of Construction without a Permit issued under this Division; 2. Any provision of this Division is violated; 3. There is a failure to comply with restrictions or requirements of a Permit issued pursuant to this Division; and/or 6 Fiscal Year 2023-2024 Rate Book 59 4. There is a failure to comply with an order or regulation of the City Engineer issued pursuant to this Division. C. This Division may be enforced by civil court action in accordance with federal and/or state law, in addition to any other remedies, civil or criminal, the City has for violation of this Division. D. Prior to initiation of civil enforcement litigation,a Right-of-Way User who has violated a provision of this Division must be given the opportunity to correct the violation within the timeframe specified by the City Engineer. This section does not prohibit the City Engineer or the City from taking enforcement action as to past or present violations of this Division, notwithstanding their correction. Sec. 25-76. Penalties. Any violation of the following provisions or terms of this Division by any Person and/or Right-of-Way User shall be a misdemeanor offense subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Division shall constitute a separate offense. The penal provisions imposed under this Division shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. Sec. 25-77. Permit required for use of Right-of-Way A. Permit Required. Any Right-of-Way User seeking to place Facilities on, in or over a Right-of-Way or to engage in Construction, Excavation, and occupy a Work Area within or upon any Right-of-Way shall first file an application for a Right-of-Way Permit with the City and shall abide by the terms and provisions of the Right-of-Way Permit and this Division pertaining to the use of the Rights-of-Way. B. Exemptions. 1. No application, Permit or fee is required of a Right-of-Way User for: a. routine maintenance of existing Facilities that does not require Excavation or closing of sidewalks or vehicular lanes in streets of a Right-of-Way; b. a Network Provider replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require Excavation or closing of sidewalks or vehicular lanes in a Right-of-Way; i. Substantially similar shall mean the replacement or upgrade does not include replacement of an existing Pole; and ii. The determination of whether a replacement or upgrade is Fiscal Year 2023-2024 Rate Book 60 substantially similar may include the location, size, material, quantity, capacity, or other similar characteristic of the existing Facilities as approved by the City Engineer. C. Permits Generally. 1. Permits will be issued in the name of the Right-of-Way User that will own the Facilities. Permits for public infrastructure will be issued in the name of the Public Infrastructure Contractor. 2.Any Right-of-Way User with a current,unexpired consent,franchise, agreement, or other authorization from the City (grant)to use the Rights-of-Way that is in effect at the time this Division takes effect shall continue to operate under and comply with that grant, unless prohibited by law, until the grant expires or until it is terminated by mutual agreement of the City and the Right-of-Way User or as otherwise provided for by law. 3. Construction, Excavation, or Work Area. No Right-of-Way User shall perform Construction, Excavation, or occupy a Work Area larger or at a location different, or for a longer period than that specified in the Permit or Permit application. If, after Construction, Excavation, or occupying the Work Area is commenced under an approved Permit, it becomes necessary to perform Construction, Excavation, or occupy a Work Area larger or different area than originally requested under the application or for a longer period of time, the Right-of-Way User shall notify the City Engineer immediately and,within twenty-four (24) hours, shall file a supplementary application for the additional Construction, Excavation, or occupation of a Work Area. 4. Permit transferability or assignability. The Right-of-Way User may subcontract the work to be performed under a Permit if the Right-of-Way User is responsible for the performance of the work under the Permit and all insurance and financial security as required in this Division. Permits are transferable and assignable upon written notice to the City Engineer that the transferee or assignee has posted all required security pursuant to this Division. Any transferee or assignee shall be bound by all requirements of the Permit and this Division. 5. The Construction of public infrastructure, excluding Franchise Utility infrastructure, in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until accepted by the City. 6. Any Franchise Utility, Utility, or Public Infrastructure Contractor performing work on infrastructure that is within a Right-of-Way, but prior to infrastructure acceptance by the City, shall obtain a Permit from the City and permission from the owner of all the infrastructure in the Right-of-Way. The Agency or Public Infrastructure Contractor shall be financially responsible to the owner of the infrastructure to carry out all remedial work necessary to receive acceptance by the City of that infrastructure. This financial obligation shall apply only to the work in the Right-of-Way done by the Franchise Utility, Utility, or s Fiscal Year 2023-2024 Rate Book 61 Public Infrastructure Contractor. The City will not accept for dedication public infrastructure if the work performed on that infrastructure is not in accordance with applicable City Construction Standards. 7. Any Right-of-Way User found to be conducting any Excavation activity within the Right-of-Way without having first obtained the required Permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a Permit before work may be restarted. 8. The City may institute all appropriate legal action to prohibit any Right-of-Way User from knowingly using the Rights-of-Way unless the Agency or Public Infrastructure Contractor has complied with the terms of this Division. Sec. 25-78. Right-of-Way Permit application; Permit contents A. General to all Right-of-Way Permits. 1. Application submissions. Each application for a Permit shall be submitted using the required form furnished by the City. Applicant must determine what type of Permit is sought and complete the correct application. The City is not responsible for determining that the correct application was completed by the Applicant and approval of a Permit contrary to the provisions of this Division does not create a vested right. a. Drawings. The Applicant shall provide detailed drawings when major work such as pole placement, Excavations, and installation of Facilities of the construction plans in accordance with City requirements. b. Format. The Applicant requesting a Permit shall provide the City with documentation in the format published by the City prior to the date the Permit is submitted. c. Completeness. The application is not complete unless it contains all information required by this Division, requested on the application form, and required by any supplemental list of required documentation provided by the City with the application form. 2. No Person or Right-of-Way User shall install Facilities or otherwise encroach upon the Right-of-Way or make a Pavement Cut or Excavate in a Right-of-Way without first obtaining a Permit from the City Engineer, except for an Emergency Activity or activities exempt from permitting under this Division. 3. If Construction crosses a Texas Department of Transportation or Railroad Right- of-Way, the Applicant must provide evidence of a Permit or requisite permission from the State, Federal Government or other appropriate agency at the time of application. 4. The City shall state on the Permit the activity for which the Permit is issued and 9 Fiscal Year 2023-2024 Rate Book 62 any additional restrictions or requirements that have been placed upon the Permit besides those incorporated into the Permit by this Division, City Laws, or other law or regulation, as applicable. 5. All Construction in the Rights-of-Way shall be in accordance with the Permit issued for the Facilities. The City Engineer shall be provided access to the work and to such further information as the City Engineer may reasonably require ensuring compliance with the Permit. 6. A copy of the Permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the City Engineer always during Construction 7.The Right-of-Way User shall update any new information on Permit applications within two (2)business days after any change occurs. 8. Franchise Utilities or Public Infrastructure Contractors may apply jointly, in advance, for Permits to work in Rights-of-Way at the same time and place. 9. All Permit holders must contact the City Engineer at least forty-eight(48) hours before work begins under the Permit. 10. An extension to a Permit expiration date may be granted by the City Engineer for a period reasonable to complete all outstanding work,if requested by the Right-of-Way User in writing at least five (5) business days prior to the current Permit expiration date. Additional extensions of the Permit for unforeseen circumstances may be granted at the City Engineers discretion. The City Engineer may require the immediate backfill and restoration of any Excavation within the Work Area which is outstanding after the extended period, when doing so would safely restore the Work Area for public use. B. Types of Permits: 1. Construction-related Permits. a. A Permit is required whenever there is Construction within the Right-of- Way. b. A Right-of-Way User who undertakes any work adjacent to the Right-of- Way that will store materials or equipment, cut, break, or otherwise damage the Right-of-Way shall also obtain a Right-of-Way Permit. 2. Emergency Activity. Construction in the Right-of-Way may commence prior to obtaining a Permit if the City Engineer or Right-of Way User determines a valid need to perform Emergency Activity. Immediate verbal or written notice, including the reasons for the Emergency Activity, must be given to the City Engineer and City Inspector if the Emergency Activity requires Excavation of a Right-of-Way, impacts vehicular or 10 Fiscal Year 2023-2024 Rate Book 63 pedestrian traffic, or would otherwise require a Permit to be issued in advance if a similar scope of work were performed under non-emergency circumstances. No later than the second business day following commencement of the Emergency Activity the Right-of- Way User shall apply for Permitting to the City Engineer. C. Denial, suspension, or revocation of a Permit. 1. Denial of a Permit. A Permit may be denied for any one of the following reasons: a. The proposed Construction will substantially interfere with vehicular or pedestrian traffic and no procedures,or procedures which are inconsistent with this Division, have been implemented to minimize the interference. b. The proposed Construction will substantially interfere with another activity for which a Permit has been issued or will conflict or interfere with existing Facilities already in the Right-of-Way. c. The proposed barricading, channelizing, signing, warning or other traffic control procedures or equipment do not comply with the requirements of the Texas Manual on Uniform Traffic Control Devices. d. The Construction or the way Construction is to be performed will violate City Laws or federal and/or state law. e.The Right-of-Way User requests to cross a City-maintained street by open cut or trench,where in the City Engineer's determination,the public interest would be upheld with a less invasive method such as jacking, boring, or tunneling. Such determination may consider, but will not be limited to: i. Prevention of excessive damage to public streets; ii. Limiting risk of damage to existing utilities; and iii. Maintaining maximum use of the Right-of-Way for traffic. f. There is a lack of available space as evidenced by the inability to meet safety or distance requirements. g. The Right-of-Way User: i. Does not have liability insurance as required by this Division; ii. Has consistently failed to perform in accordance with the requirements of this Division; iii. Has consistently failed to perform in accordance with the terms II Fiscal Year 2023-2024 Rate Book 64 and conditions of the Permit; and/or iv. Has failed to furnish all the information required by this Division or, except for good cause shown, to file the applications within the time prescribed by this Division; iv. Has misrepresented or falsified any information in the applications; v. Has failed to comply with the bonds as required in this Division; vi. Is not in compliance with applicable requirements of an existing Permit issued under this Division; vii. Does not have the appropriate federal and/or state license or other required license for the activity being performed in the Rights-of- Way; or viii. Has not compensated the City,unless the Right-of-Way User is not legally obligated to compensate the City by contract, by agreement, or by law for using public property. 2. Suspension or revocation of a Permit. The City Engineer may suspend by stop work order or revoke any or all Permits granted to allow work in the Rights-of-Way on the same grounds on which a Permit may be denied or for the following reasons, and subject to the procedural guidelines herein: a. Failing to comply with an order of the City Engineer b. The recognition that a Permit was issued in error; c. Failing to comply with restrictions or requirements placed on the Permit by the City Engineer; d. The City Engineer reasonably determines that the disconnection, removal, or relocation of equipment: i. is necessary to protect the public health, safety, welfare, or City property; ii. equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property; and/or iii. there is imminent danger to the public; or e. Violating any provision of this Division. 12 Fiscal Year 2023-2024 Rate Book 65 3. The City Engineer shall provide written notice of a denial, suspension or revocation to the Right-of-Way User. Construction that is suspended may not resume until the City Engineer determines that the Right-of-Way User has corrected the violation, noncompliance, or hazard that caused the suspension. 4. A Permit that was revoked due to failure to comply with an order of the City Engineer, failure to comply with the restrictions or requirements placed upon the Permit by the City Engineer, a violation of this Division, or for public health, safety or welfare reasons may be reinstated by the City Engineer if the City Engineer determines that: a. The Right-of-Way User has corrected the violation, noncompliance, or hazard that caused the revocation or denial; and b. The health, safety and welfare of the public is not jeopardized by reinstating or issuing the Permit. 5. A Right-of-Way User may appeal a Permit denial, suspension, or revocation in accordance with the provisions of this Division. Sec. 25-79. Fees. A. Each Applicant shall pay to the City fees based upon the City's costs in issuing, processing and verifying Applications and inspections of the Work Area and restoration work. The types of fees are outlined below; however, the amount of the fees will be established by separate ordinance: 1. Permit Application Fee. Permits shall be issued, or comments provided, within ten(10)business days from the City's receipt of the application. Such fees shall be paid by each Applicant with the application. 2. Expedited Permit Application Fee. An Expedited Permit review, in which the Permit is either issued or comments received within two (2) business days, may be requested upon showing of reasonable cause. Expedited Permits will not be issued for variance requests. Such fees shall be paid by each Applicant with the application. 3. Right-of-Way Inspection Fee. This will be for all Construction in the Right-of- Way. The fee will be accessed based upon the dates indicated on the Permit. Such fees shall be paid by the Right-of-Way User upon issuance of the Permit. 4. Overtime Fee. Should a Right-of-Way User request inspection outside of regular business hours(Monday through Friday from 8:00 a.m.to 5:00 p.m.),an overtime fee shall be paid to the City with a minimum charge of four (4) hours. There shall be no Right-of- Way inspections conducted on City holidays. Overtime work shall be requested no later than noon on Wednesday for Saturday work and a minimum 48 hours prior to work Monday through Friday after 5:00 p.m. or before 8:00 a.m. Payment must be submitted 13 Fiscal Year 2023-2024 Rate Book 66 with request for overtime work. No overtime inspections will occur without the City Engineer's prior approval. Emergency Activities are excluded from the overtime rate. 5. Permit Expiration Fee. This fee will be charged for any Permit that has not been extended before its expiration date or where all construction and restoration of the Work Area has not been completed prior to the expiration date. 6. Barricade Deposit Fee. A deposit will be charged for installation of barricades or similar traffic control devices placed in the traveled portion of City streets between curbs on sidewalks and/or alleys to prevent access. Barricade removal shall be completed within three business days from completion of the project to receive the full deposit. If barricades are not removed within three business days, the City will remove the barricades and the deposit will be forfeited. B. The fees paid for a Permit, which is subsequently cancelled, suspended, or revoked by the City Engineer or designee, are not refundable. C.The fees in this section shall apply to all Right-of-Way Users,unless fees are established by federal and/or state law or other agreement. Sec. 25-80. Facility size and locations. A. These provisions apply to all Facilities, including those of Franchise Utilities, unless otherwise addressed in a separate agreement. B. The City Engineer reserves the right, in the Permit or otherwise,to restrict or determine the route (pathway) and/or spatial location, whether horizontal, vertical, or depth, of any Facility and/or structure or improvement in the Right-of-Way. The City Engineer reserves the right to reserve space for future utilities or public improvement projects. C. All underground Right-of-Way User Facilities are required to maintain a minimum depth of thirty-six (36) inches below top of curb, or thirty (30) inches below the lowest point of the grade of the street surface where there is no curb. If a Right-of-Way User may encounter a hardship due to this requirement,the Right-of-Way User may request an exception to the minimum depth requirement in writing and in advance with the application for Permit. Any exception granted will be subject to the City Engineer's approval or denial with the application, and only applicable to a single issued Permit or instance. The City will not be responsible for any damage it may cause to Facilities located in the Rights-of-Way that are not maintained in accordance with these requirements. D. Any Right-of-Way User with existing Facilities which are less than thirty (30) inches below a concrete or asphalt surface shall notify and work closely with the Person performing Excavation to establish the exact location of its Facilities and the best procedure for Excavation. E. All Right-of-Way User Facilities are required to maintain a minimum separation of twenty-four (24) inches from all City Utility System Facilities. If a Right-of-Way User may 14 Fiscal Year 2023-2024 Rate Book 67 encounter a hardship due to this requirement,the Right-of-Way User may request a variance to the minimum separation requirement in writing and in advance with the Permit application. Any exception granted will be subject to the City Engineer's approval or denial with the Permit application, and only applicable to a single issued Permit. F. The Right-of-Way User shall ensure all overhead lines are constructed and maintained so that the minimum clearances follow the National Electrical Safety Code as amended. The City shall not be liable for any damages, injuries, or claims arising from the providers actions or omissions" G. Preserve Sight Visibility and Access. No Facilities shall be located within the Vision Clearance Area. Accessibility to property may not be compromised by Facilities except during Construction. H. Temporary utilities. Temporary utilities may be in non-standard locations at the discretion of the City Engineer. I. General construction and maintenance requirements. Facilities and poles shall be constructed and maintained in a manner that does not: i. obstruct, impede, or hinder the usual travel or public safety on a Right-of-Way; ii. obstruct the legal use of a Right-of-Way by other Right-of-Way Users; iii. violate applicable codes, statutes, historic preservation laws, or other law; iv. interfere with the City's public safety infrastructure; v. violate or conflict with this Division; or vi. violate the federal Americans with Disabilities Act and state accessibility standards. Sec. 25-81. Variance A. A Right-of-Way User may request a variance from any of the requirements of this Division by filing a written request with the City Engineer stating the requirement and the basis for the variance. The City Engineer may reject incomplete variance requests. The applicant shall bear its own expenses of the application process. B. Any request for a variance from any Right-of-Way restoration requirement shall be made in writing, in advance of any contemplated work and shall be accompanied by digitally formatted detailed plans of the substituted reconstruction and/or repair of the Work Area, if applicable. 15 Fiscal Year 2023-2024 Rate Book 68 C. Any request for a variance from any penalty and/or fee, other than as provided in this Division, shall be made in writing,and shall be accompanied by a written detailed request stating the reasons therefore. D. Any request for a variance from any Permit, or any other requirement of this Division shall be made in writing, stating in detail all reasons for the requested variance. E. The City Engineer shall grant or deny an application for a variance within ten(10) days of receipt of the application for variance. F. Denial of the variance may be appealed in accordance with the provisions of this Division. Sec. 25-82. Appeals. A.A Right-of-Way User that:(i)has been denied registration;(ii)has been denied a Permit; (iii) has had a Permit revoked; or(iv) believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows: 1. If an Applicant desires to appeal a decision,the applicant may file a written notice of appeal with the City Engineer, or his designee, within five (5) business days of the date the decision was rendered. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The City Engineer, or his designee, shall provide a written decision within five business days. Failure to render a decision within five business days shall constitute a denial. 2. If a further denial is given, the appellant may thereafter file a written notice of appeal to the City Manager within five business days of receipt of the City Engineer's written decision. The City Manager shall provide a written decision within five business days of receipt of an appeal in accordance with this section. Failure to render a decision within five business days shall constitute a denial. Sec. 25-83. Insurance requirements. A. Franchise Utility or Utility applying for a Permit shall obtain, maintain, and provide proof of the each of the following types of insurance and coverage limits. These insurance policies shall be underwritten by insurance companies with an A.M. Best Rating of A VI or better. 1. Commercial general liability on an occurrence form with minimum limits of five million dollars ($5,000,000.00) per occurrence and ten million dollars ($10,000,000.00) aggregate. This coverage shall include the following: a. Products/completed operations to be maintained for one (1) year. b. Personal and advertising injury. c. Owners and contractor's protective liability. 16 Fiscal Year 2023-2024 Rate Book 69 d. Explosion, collapse, or underground (XCU) hazards. e. Contractual liability 2. Automobile liability coverage with a minimum policy limits of one million dollars ($1,000,000) combined single limit. This coverage shall include all owned, hired and non-owned automobiles. 3. Workers compensation and cmployer's liability coverage. Statutory coverage limits for Coverage A and five hundred thousand dollars ($500,000) Coverage B employers' liability is required. 4. Pollution liability insurance which provides coverage for sudden and accidental environmental contamination with minimum limits of liability of five million dollars ($5,000,000). B. Right-of-Way Users, other than Franchise Utilities or Utilities, applying for a Permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in subsection (a) above; however, the policy limits under the general liability insurance shall be one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. All other coverage provisions outlined in subsection(a) above shall apply. C. The method for proof of insurance is a certified copy of the insurance policy. The Franchise Utility and Utility shall obtain and maintain insurance throughout the time it has Facilities in the Right-of-Way. The City reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the City Manager determines that changes in law or the claims history of the industry, require adjustment of the coverage. D. Pursuant to Section 53.064 of the Texas Utilities Code and for purposes of this subsection,the City will accept certificates of self-insurance issued by the State of Texas or letters written by the Franchise Utility or Utility in those instances where the state does not issue such letters, which provide the same coverage as required herein. The City will accept certificates of self-insurance issued by the State of Texas or letters written by the Franchise Utility or Utility in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, certificates of self-insurance must be approved in advance by the City Risk Manager. E. The Right-of-Way User shall furnish, at no cost to the City, copies of certificates of insurance evidencing the coverage required by this section to the City. If the City requests a deletion, revision or modification, the Right-of-Way User shall exercise reasonable efforts to pay for and accomplish the change. F. The Right-of-Way User shall file and maintain proof of insurance with the City Engineer. An insurance certificate obtained in compliance with this section is subject to City approval, through the City Risk Manager. The City may require the certificate to be changed to reflect changing liability limits. A Right-of-Way User shall immediately advise the City Attorney of actual or potential litigation that may develop which may affect an existing carrier's obligation 17 Fiscal Year 2023-2024 Rate Book 70 to defend and indemnify the City. 1. Such insurance shall be kept in full force and effect during the period for which a Permit shall be issued or the space occupied. Insurance coverage must be available on a "per project" basis. An insurer has no right of recovery against the City. The required insurance policies shall protect the Agency or Public Infrastructure Contractor and include the City as an additional insured. The insurance shall be primary coverage for losses covered by the policies. G. The policy clause "other insurance" shall not apply to the City. H. The Right-of-Way User shall pay premiums and assessments. A company that issues an insurance policy has no recourse against the City for payment of a premium or assessment. Insurance policies obtained by a Right-of-Way User must provide that the issuing company waives all right of recovery by way of subrogation against the City in connection with damage covered by the policy. I. Each policy must include a provision that requires the insurance company to notify the City in writing at least thirty (30) calendar days before canceling or failing to renew the policy or before reducing policy limits or coverages. J. Each Franchise Utility must-comply with the insurance requirements in this section, unless the Franchise Utility's current franchise or license agreement with the City specifically addresses insurance requirements, in which case the franchise or license agreement shall control. K. The insurance requirements may be met by a Franchise Utility with a current franchise license, a franchise ordinance issued by the City, or license if their current franchise or license adequately provides for insurance and bonds and provides an indemnity in favor of the City. Sec. 25-84. Liability of Right-of-Way User. To the extent allowed by law, the Right-of- Way user shall be liable to the City for any damage or loss occasioned by any act and/or omission occurring in connection with its Construction,and subject to state law,the Right-of-Way user shall fully indemnify, hold harmless and defend the City, its councilmembers, officers, employees, agents, representatives and volunteers from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the City, its councilmembers, officers,employees,agents,representatives and volunteers may be subjected for injury of any type, death or property damage arising from or connected with any such act and/or omission. The City shall promptly notify a Right-of-Way User, at the address set forth in the Permit, or last known address, of any claim, suit or demand served upon the City and alleging negligent or wrongful conduct by the Right-of-Way User in connection with its Construction. Sec. 25-85. Indemnification. A. To the extent authorized by law, each Right-of-Way User placing Facilities in the Rights-of-Way shall indemnify, and hold the City and its officers and employees harmless from 18 Fiscal Year 2023-2024 Rate Book 71 and against all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the Right- of-Way User or its any agent,officer,director,representative,employee,affiliate,or subcontractor, while installing, repairing, or maintaining Facilities in a Right-of-Way. B. The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the City, its officers, employees, contractors, or subcontractors. If a Right-of- Way User and the City are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of state without, however, waiving any governmental immunity available to the City under state law and without waiving any defenses of the parties under state law. C. This section is solely for the benefit of the City and the Right-of-Way User and does not create or grant any rights, contractual or otherwise, to any other Person. Sec. 25-86. Bonds. A. The Franchise Utility, Utility, or Public Infrastructure Contractor, shall, provide performance, payment, and maintenance bonds for the Construction anticipated to be performed in the Right-of-Way with the Permit. Each bond shall be in the amount of the estimated costs to restore the Right-of-Way for the Construction anticipated to be done with the Permit. The performance bond shall be conditioned upon the faithful performance of the work in the Rights- of-Way. The payment bond shall be conditioned upon payment of all persons supplying labor or furnishing materials for said work. The maintenance bond shall guarantee the Construction for two (2) years from the date of its completion. Each bond shall be executed by a surety company authorized to do business in the State of Texas and acceptable to the City. B. Each year, the Franchise Utility, Utility, or Public Infrastructure Contractor shall, provide performance, payment, and maintenance bonds for the Construction anticipated to be performed in the Right-of-Way in the upcoming year. Each bond shall be in the amount of the estimated costs to restore the Rights-of-Way for the Construction anticipated to be done in that year. The performance bond shall be conditioned upon the faithful performance of the work in the Rights-of-Way. The payment bond shall be conditioned upon payment of all persons supplying labor or furnishing materials for said work.The maintenance bond shall guarantee the Construction for two(2)years from the date of its completion. Each bond shall be executed by a surety company authorized to do business in the State of Texas and acceptable to the City. C. The Right-of-Way User by acceptance of the Permit, expressly guarantees complete performance of the work affecting the City's Right-of-Way in a good and workmanlike manner acceptable to the City and warrants and guarantees all such work done for a period of two(2)years after the date of acceptance and agrees to maintain upon demand and to make all necessary repairs during the two (2)year period. This maintenance bond shall include all repairs and actions needed because of: 19 Fiscal Year 2023-2024 Rate Book 72 1. Defects in workmanship; 2. Settling of backfill or excavations; 3. Any unauthorized deviations from the approved plans and specifications; 4. Failure to barricade; 5. Failure to clean up during and after performance of the work; 6. Restoration of improvements including, but not limited to, landscaping and irrigation; or 7. Any other violation of this Division or the ordinances of the City. D. The two-year maintenance period shall run from the date of the City's acceptance of the Construction which shall be the date of the letter of acceptance issued by the City to the Right-of- Way User. If repairs are required during the two-year warranty period, those repairs need only be warranted until the end of the initial two-year period starting with the date of acceptance. It is not necessary that a new two-year warranty be provided for subsequent repairs after acceptance. E. At any time prior to completion of the two-year warranty period, the City may notify the Right-of-Way User of any needed repairs. Such repairs shall be completed within twenty-four (24) hours if the defects are determined by the City to be an imminent danger to the public health, safety, and welfare. Non-emergency repairs shall be completed within fifteen (15) calendar days after notice. Sec. 25-87. Registration. A. All Right-of-Way Users must register with the City and shall report any changes in registration information within thirty (30) days of such change, and prior to applying for a Right- of-Way Permit after any change in registration information. No Right-of-Way User shall be authorized to utilize the Right-of-Way in any capacity or manner without registering and obtaining the necessary Permit from the City. Registration shall be in accordance with the following requirements: 1.The registration must be on a form furnished by the City.The form must be filled out completely and accurately. Any omissions or inaccuracies on the form may be cause for denial of the registration at the City's discretion; 2. The name of the Right-of-Way User that owns the Facilities, including any business name, assumed name, or trade name; 3. Name, address, telephone number, and email address of officer, agent or employee responsible for the accuracy of the registration information; 20 Fiscal Year 2023-2024 Rate Book 73 4. Name, address, telephone number, and email address of the local representative of the Right-of-Way User who shall always be available to act on behalf of the Right-of- Way User in the event of an emergency; 5. If applicable, certification number(s) issued by Public Utilities Commission, License number(s) issued by Federal Communications Commission, municipal ordinance, or similar governing entity granting formal accreditation regarding a Right-of-Way Users capacity to operate in public Rights of Way; 6. General description of activities to be provided; 7. Insurance and bonding information as required; 8. Applicable registration fees. B. No Right-of-Way User shall be authorized to use the Right-of-Way without registering with the City and obtaining any necessary Permit(s). A Right-of-Way User shall be responsible for all costs incurred by the City due to the failure to provide any information to the City required for registration. C. A Right-of-Way User must remain in good standing with the registration requirements and City Laws to continue to apply for Permits and work within the Rights of Way. Sec. 25-88. Plans of record A. Any Franchise Utility, Utility, Certificated Telecommunications Provider, or Network Provider with Facilities in the Rights-of-Way shall submit plans of record in accordance with the requirements outlined in Sec. 26-247, Chapter 26, of the City's Code of Ordinances. B. On or before January 31 of each calendar year following the initial submittal of its plans of record, an Agency or Network Provider shall provide to the City Engineer plans of record that show all installations of new Facilities, and all changes, additions, abandonments, and relocations relating to existing Facilities completed in the previous calendar year. Sec. 25-89. General Rights-of-Way use and Construction. A. Responsibility for employees, courtesy and drug policy. Right-of-Way Users shall be responsible and liable for the acts and omissions of their employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, and subcontractors in connection with the installations of Facilities in the Right-of-Way, as if such acts or omissions were Right-of- Way Users acts or omissions. Work in the Rights-of-Way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Citizen satisfaction must be a priority in using the Rights-of-Way. Right-of-Way Users shall train their employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its Facilities in the Right-of-Way. Employees shall be clean, 21 Fiscal Year 2023-2024 Rate Book 74 courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City Manager, the employee is not interacting in a positive and polite manner with citizens, he or she shall request that the Right-of-Way User take all remedial steps to conform to these standards. It is the policy of the City to achieve a drug- free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Right-of-Way Users employees, contractors, subcontractors, or vendors while on Rights-of-Way is strictly prohibited. B.Minimal interference. Right-of-Way User's Facilities shall be constructed or maintained in such a manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other Facilities that may have been laid in the Rights-of-Way by, or under, the City's authority. The Right-of-Way User's Facilities shall be located,erected,and maintained so as not to endanger or interfere with the lives of persons, or to interfere with improvements the City may deem proper to make, or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public property or unjustly interfere with the travel and use of public places by the public during the Construction,repair, operation, or removal thereof, and shall endeavor to not obstruct or impede traffic. The Right-of-Way User shall not cause any interference with City's public safety radio system, traffic signal light system, or other safety communications components. C. Responsibilities under Permit; location of Facilities. 1.A Permit does not relieve a Right-of-Way User of the responsibility to coordinate with other utilities and property owners,and to protect existing Facilities. A Right-of-Way User working in the Right-of-Way is responsible for obtaining line locates from all affected utilities or others with Facilities in the Right-of-Way prior to any Excavation. Use of a remote records system such as Geographic Information Systems or the plans of record does not satisfy this requirement. 2. In performing location of Facilities in the Rights-of-Way in preparation for Construction under a Permit, a Right-of-Way User shall compile all information obtained regarding its or any other Facilities in the Rights-of-Way related to a particular Permit and shall make that information available to the City in a written and verified format acceptable to the City Engineer. a. Protection of utilities.Before beginning Excavation in any Right-of-Way, a Right-of-Way User shall contact the Texas One-Call System or any other company operating under the One-Call Statute and, to the extent required by Chapter 251 of the Texas Utilities Code, make inquiries of all ditch companies, Utility companies, districts, local government departments, and all other Agencies that might have Facilities in the Work Area to determine possible conflicts. Field locations shall be marked prior to commencing work. The Right-of-Way User shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be affected by the work from damage during Construction or settlement of trenches after Construction. 22 Fiscal Year 2023-2024 Rate Book 75 b. A Person shall only use a water-based paint in the Right-of-Way to mark the location of existing underground utilities. D. Underground Construction; use by City. Should the City desire to place its own Facilities in trenches or bores opened by the Right-of-Way User, the Right-of-Way User shall cooperate with the City in any Construction by the Right-of-Way User that involves trenching or boring, provided that the City has first notified the Right-of-Way User in some manner that it is interested in sharing the trenches or bores in the area in which the Right-of-Way User's Construction is occurring. The Right-of-Way User shall allow the City to place its Facilities in the Right-of-Way User's trenches and bores,provided the City incurs any incremental increase in cost of the trenching and boring. The City shall be responsible for maintaining its respective Facilities buried in the Right-of-Way User's trenches and bores under this paragraph. E. Joint trenching. The Rights-of-Way have a limited capacity for containing Facilities. The City Engineer may require a Right-of-Way User to share trench space to minimize the disruption of vehicular or pedestrian traffic. 1. All Facilities shall meet any applicable local, state, and federal clearance and other safety requirements, be adequately grounded and anchored, and meet the provisions of any contracts executed between Right-of-Way User and the other joint user. Right-of- Way User, as owner of the structure for collocation, may, at its option, correct any attachment deficiencies and charge the joint user for its costs. 2. Joint trenching with the City's electric utility shall adhere to its guidelines for gas, communications and electric trench requirements. F. Excavation safety. The excavation safety plan shall be designed in conformance with federal and/or state law and federal Occupational Safety and Health Administration standards and regulations. G. Erosion Control. The Right-of-Way User shall be responsible for storm water management erosion control that complies with City, state and federal guidelines. The SWPPP shall be in accordance with City's Standard Construction Specification Documents. H. Electrical Supply. Right-of-Way Users are responsible for obtaining any required electrical power services to their Facilities. The City shall not be liable for any stoppages or shortages of electrical power furnished to the Facilities, including without limitation, stoppages or shortages caused by any act, omission,or requirement of the public utility serving the Facilities or the act or omission of any other tenant of the structure or user of the Right-of-Way, or for any other cause beyond the control of the City. Fixed generators and back-up generators are prohibited in the Right-of-Way. Sec. 25-90. Protection of High-Risk Mains. The integrity of the City's public infrastructure system for treatment and delivery and potable water must be preserved and protected by all Right- of-Way Users. Public health,safety,and welfare is at risk when damages to water and sewer mains occur; particularly to High-Risk Mains. Any longitudinal installation of Facilities within four (4) 23 Fiscal Year 2023-2024 Rate Book 76 feet of a High-Risk Main in Rights-of-Way may be required by the City Engineer to be installed by open excavation, instead of by bore, to assure the protection of the City's water and sewer system.The City has available mapping that identifies High-Risk Mains for quick reference,before they are field located. The Right-of-Way User is responsible for obtaining, field verifying, and using this information in the design of its new Facilities. When boring within 4 feet of a High-Risk Main is acceptable to the City Engineer,a minimally invasive process to core the street and visibly locate a High-Risk Main is mandatory. Section 25-92 outlines scheduling restrictions and allowable methods for bores in in proximity to High-Risk Mains, where approved in advance by the City Engineer. Sec. 25-91. Joint Planning and Construction; Coordination of Excavations. A. Excavations in Rights-of-Way disrupt and interfere with the public use of the city streets and damage the pavement and landscaping.The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among Right-of-Way Users making Excavations in Rights-of-Way and between these Right-of-Way Users and the City. Better coordination will assist in minimizing the number of Excavations being made wherever feasible and will ensure the Excavations in Rights-of-Way are, to the maximum extent possible,performed before, rather than after,the reconstruction of the streets by the City. B. Utility coordination meeting. 1.The City will hold a utility coordination meeting on a monthly basis.The purpose of the meeting is for the City to inform Right-of-Way Users of proposed and current capital improvement projects in the City of Denton and for the Right-of-Way User to inform each other and the City of current and future projects. Each Right-of-Way User is encouraged to attend and participate in the meetings of the City, of which the Right-of-Way User will be made aware. 2. The City Engineer will notify the affected Right-of-Way User at least six (6) months before Construction will start on a City project. Preliminary plans will be provided to the affected Right-of-Way User at least four (4) months before the project is to start Construction. Final plans will be provided to the affected Right-of-Way User at least two (2) months before the project is to start Construction. 3. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, the Right-of-Way User shall work with other Right-of-Way Users to reduce the number of cuts to paved surfaces and minimize interference to the public use of Right-of- Way within the City. C. Excavation master plan. In addition to participating in utility coordination meetings,any Right-of-Way User owning, operating or installing Facilities in Rights-of-Way, providing water, sewer, gas, electric, communication, video, or other utility services, shall meet annually with the City Engineer, at the City Engineer's request, to discuss the Right-of-Way User's excavation master plan. At such meeting, to the extent not already in possession of the City, Right-of-Way User should submit documentation,in a form requested by the City Engineer,showing the location 24 Fiscal Year 2023-2024 Rate Book 77 of the Right-of-Way User's existing Facilities in the Rights-of-Way. 1. Right-of-Way User shall discuss with the City Engineer its excavation master plan and identify planned major Excavation work in the City.The City Engineer may make his own record on a map, drawing, or other documentation of each Right-of-Way User's planned major Excavation work in the City; provided, however, that no such document prepared by the City Engineer shall identify the entity, or the planned major Excavation work of that particular entity. 2. Between the annual meeting to discuss planned major Excavation work, Right- of-Way User shall inform the City Engineer of any substantial changes in the planned major Excavation work discussed at the annual meeting. The city will not preclude a Right- of-Way User from obtaining a Permit for a project that was inadvertently excluded from the Agency's, network provider's or Public Infrastructure Contractor's excavation master plan or was unknown at the time the plan was created. Sec. 25-92. Minimizing the impacts of work in the Rights-of-Way. A. Noise,dust,debris, hours of work. Each Right-of-Way User shall conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the Right-of-Way User shall take appropriate measures to reduce noise, dust, and unsightly debris. No Excavation work shall be done between the hours of 5:00 p.m. and 8:00 a.m., except with the written permission of the City Engineer, or in case of an Emergency Activity. Bore time for any Work Area within four(4) feet of any High-Risk Main is further restricted to the following schedule: 8:00 a.m. to 4:00 p.m. Monday through Thursday, 8:00 a.m. to noon on Friday and no bore on Saturday and Sunday without prior written approval of the City Engineer, a ten (10) business day advance written notification to the Facility owner, and payment of applicable overtime fees established. Missiles are not considered to be an acceptable directional boring method and are not allowed unless otherwise approved in writing by the City Engineer in advance. City may grant an exception to the operating hours if necessary B. Trash and construction materials. Each Right-of-Way User shall maintain the Work Area so that: 1. Trash and construction materials are contained so that they are not blown off the construction site, or viewed as litter within the Work Area itself; 2. Trash is removed from a construction site for proper disposal off-site often enough so that it does not become a health, fire, or safety hazard; and 3. Trash dumpsters and storage or construction trailers are not placed in the street without written approval of the City Engineer. C. Deposit of dirt and material on streets. Each Right-of-Way User shall eliminate the tracking of mud or debris upon any street or sidewalk. Equipment and trucks used during 25 Fiscal Year 2023-2024 Rate Book 78 Construction, Excavation, or occupying a Work Area shall be cleaned of mud and debris prior to leaving any work site. D. Protection of trees and landscaping. Each Right-of-Way User shall protect trees, landscape, and landscape features as required by the City Engineer and shall be responsible for supplemental maintenance and watering during Construction and until restoration is complete. All protective measures shall be provided at the expense of the Right-of-Way User. When directed by the City Engineer, a Right-of-Way User shall trim trees, brush, or other landscaping overhanging facilities in a Right-of-Way under the supervision and direction of the City. The City shall not be liable for any damages, injuries, or claims arising from Right-of-Way Users actions under this section. 1. Right-of-Way Users shall have the authority to trim trees upon and overhanging Rights-of-Way (including sidewalks and driveways), after providing written notice to affected customers,so as to prevent the branches of the trees from coming into contact with the wires and cables of the provider,provided that all trimming is done in compliance with the National Electric Safety Code and city Code provisions, and at no expense to the city. E. Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousers are not permitted on paved surfaces unless specific precautions are taken to protect the surface. A Right-of-Way User shall be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to promptly complete required repairs, the city may repair such portion of the public Rights-of-Way that may have been disturbed by the Right-of-Way User, and the cost shall be charged to the Right-of-Way User. F. Protection of property. Each Right-of-Way User, at its own expense, shall protect from injury any Rights-of-Way and adjoining property by providing trench protection and other measures necessary to shore up and protect all buildings, walls, fences, or other property likely to be damaged during the work and shall be responsible for all damage to public or private property resulting from failure to properly protect such property and carry out work in the Rights-of-Way. G. Clean-up. As the work progresses, all Rights-of-Way and private property shall be thoroughly cleaned of all rubbish,excess dirt, rock, and other debris. All clean-up operations shall be done at the expense of the Right-of-Way User. Right-of-Way User shall restore the Work Area to its original condition. All restoration work must be completed within twenty(20)business days following the date of substantial completion of the work in the Right-of-Way. Such clean-up and restoration shall be subject to the sole, reasonable approval of the City Engineer. H. Vehicle parking. Each Right-of-Way User shall make provisions for their employee and construction vehicle parking so that neighborhood parking and/or alternative access necessary for properties adjacent to a Work Area is always available. I. Walkways. Each Right-of-Way User shall maintain an adequate and safe unobstructed walkway around the Work Area or blocked sidewalk in conformance with City Code, the Texas 26 Fiscal Year 2023-2024 Rate Book 79 Manual of Uniform Traffic Control Devices, and Americans with Disabilities Act standards; as periodically revised. J. Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar days from the date Right-of-Way User receives notice thereof,the Right-of-Way User, shall remove all graffiti on any of its Facilities located in the Right-of-Way. The foregoing shall not relieve the Right-of-Way User from complying with any City graffiti or visual blight ordinance or regulation. K. Ownership. No part of any Facilities placed on the Right-of-Way pursuant to this Division will become or be considered by the City as being affixed to or a part of, the Right-of- Way, except for Facilities accepted as City Facilities by the City Engineer in writing. All other Facilities placed in the Right-of-Way pursuant to this Division will be and remain the property of the Agency and may be removed by the Agency at any time, provided the Agency shall obtain Permits or give notice as required by this Division. L. Notifications. 1. Once a Permit is issued, the Right-of-Way User shall be required to coordinate all notification and construction activities with the City Inspector after Permit issuance, within the timeframes specified on the Permit. 2. Affected landowners: All landowners and residents that are affected and directly adjacent to the Construction must be notified by the Right-of-Way User that Construction will begin at least forty-eight (48) hours prior to the beginning of Construction. The City Engineer may require notification of additional property owners/residents, and/or notification further in advance, depending on the scope, type, location or nature of the Construction. 3. General public: In addition to notice required for affected landowners, if in the opinion of the City Engineer, the Construction will have a regional impact including but not limited to disruption of traffic on an Arterial or collector street,the Right-of-Way User may be required to give longer than forty-eight (48) hours' notice to the City Inspector so that the proposed Construction may be posted for advance notice to the public and emergency services personnel in on the City Website, Denton Record Chronicle, DTV, or similar means of broadcast prior to the start of Construction. M. Traffic control plan. All work within the Right-of-Way impacting the intended use will require a detailed traffic control plan approved by the City Engineer. Traffic Control Plans must comply with the requirements in the Right-of-Way Management Manual and Texas Manual of Uniform Traffic Control Devices 1. The Right-of-Way User shall provide the City Engineer fifteen (15)days written notice before the Closure of any Arterial Streets, seven (7) days written notice before Closure of any local street, and twenty-one (21) days written notice before Closure of any other highway, street, or interruption in traffic flow. 27 Fiscal Year 2023-2024 Rate Book 80 Sec. 25-93. Construction Requirements A. City Construction Standards. All Construction under this Division shall be done in accordance with the current City Construction Standards and the City's electric utility's Construction Standards for Joint Use. B. All Construction must be done in a good and workmanlike manner and in faithful and strict compliance with the Permit, this ordinance, other City ordinances, and regulations promulgated by the City relating to Construction within the Right-of-Way.The Right-of-Way User shall maintain the Work Area in a manner that avoids health hazards,and hazards to vehicular and pedestrian traffic until the Right-of-Way is permanently restored. Specific construction requirements are contained in the City Construction Standards. C. A copy of the Permit and associated plans, as pre-reviewed and cleared for construction by the City Engineer, shall always be present at the Work Area and made available for inspection by the City when construction or installation work is occurring. D. Existing Facility Locates. Prior to Construction, the Right-of-Way User shall obtain utility locates by contacting the Texas Excavation Safety System at 1-800-344-8377 or online at littp://www.dip,tess.coni. Sec. 25-94. Emergency Activity. Construction in the Right-of-Way may commence prior to obtaining a Permit if the City Engineer or Right-of Way User determines a valid need to perform an Emergency Activity, as defined in this Division. Immediate verbal or written notice, including the reasons for the Emergency Activity, must be given to the City Engineer and City Inspector if the Emergency Activity requires Excavation of any public street, impacts vehicular or pedestrian traffic on a non-residential street, or would otherwise require a Permit to be issued in advance if a similar scope of work were performed under non-emergency circumstances. No later than the second business day following commencement of any Emergency Activity the Right-of-Way User shall apply for Permitting to the City Engineer. Sec. 25-95. Standards for repair and restoration. A. Right-of-Way User responsibility.The Right-of-Way User shall be fully responsible for the cost and actual repairs and restoration of all work in the Rights-of-Way. The Right-of-Way User shall do all Construction in conformance with any and all Denton Design Criteria or City Construction Standards, or other regulations. All restoration shall result in a Work Area condition equal to or better than the condition in which the Work Area existed prior to Construction. In addition to the regulations,specifications,and standards referred to in subsection(a),the following provisions shall apply to work in the Rights-of-Way of within the City: 1. Restoration must be to the reasonable satisfaction of the City Engineer and the property owner. The restoration shall include, but not be limited to: a. Replacing all ground cover with the type of ground cover damaged during work or better by sodding, as directed by the City Engineer; 28 Fiscal Year 2023-2024 Rate Book 81 b. Installation of all manholes and handholes, as required; c. Backfilling of all bore pits, potholes, trenches or any other holes which must be done within seven (7) business days after excavation of the bore pits, potholes, trenches or other holes, unless other an extended timeframe and safety requirements are approved by the City Engineer in advance; d. Restoration of Work Area to City Construction Standards; e. Restoration of all landscaping, trees, shrubs, and sprinkler systems; and f. Repairing and replacing existing erosion control devices that have been damaged or destroyed during the work. 2. All locate flags placed in the Work Area at the Right-of-Way User's request shall be removed during the clean-up process by the Right-of-Way User at the completion of the work. 3. Restoration must be made in a timely manner. If restoration is not satisfactory and/or is not performed within the agreed upon timeframe,all work in progress,except that related to the outstanding restoration, including all other Work Areas previously Permitted but not complete, may be halted and a hold may be placed on any Permits not approved until all restoration is complete, or the City Engineer may complete the work and bill the Right-of-Way User for all actual direct and indirect costs of the repairs performed by the City.. 4. Emergency Activity during Construction: If the City determines during its regular maintenance, Construction, or any similar public improvement or development project, that an emergency repair to another Right-of-Way User's Facilities within the Right-of-Way is necessary to correct a situation that is hazardous to the public, the City Engineer shall immediately notify the Right-of-Way User. If the Right-of-Way User does not commence the emergency repair within twenty-four (24) hours, the City may, at its sole discretion,cause performance of such emergency repair work as is necessary to correct the hazardous situation. The Right-of-Way User shall reimburse the City for the actual direct and indirect cost of the work necessary to correct the hazardous situation. The Right- of-Way User shall maintain the emergency repair for the Work Area of their Emergency Activity as directed by the City Engineer until the Right-of-Way User completes Construction and final repairs. 5. Barricades, signage, and other traffic control devices shall be removed from the Work Area, following completion of the Work, in a timely manner. 6. Settling of Backfill. a.The City shall notify the Pennittee in writing if the Backfill on a Permitted 29 Fiscal Year 2023-2024 Rate Book 82 Pavement Cut or Excavation settles or shows any other signs of damage not attributable to the reasonable usage and expected wear of the Work Area at any time during the two (2) year maintenance period, including the area within three foot feet beyond the utility patch in any horizontal direction. Upon notification, the Permittee shall commence repair work within ten (10) days and notify the City a minimum of 48 hours in advance of commencement of the repair work. If the repair work is not commenced within ten(10)days,the repair work may be performed by the City at the Right-of-Way User's expense. b. The City shall notify the Permittee in writing if the Backfill on a Permitted Pavement Cut or Excavation settles at any time during the two-year maintenance period. Upon notification, the Permittee shall commence repair work within ten (10) days and notify the City 48 hours in advance of commencement of the repair work. If the repair work is not commenced within ten(10)days,the repair work may be performed by the City at the Right-of-Way User's expense. c. Failure to Repair or Restore: upon failure of the Permittee to perform any such repair or restoration work described in this Division, the City may repair such portion of the Right-of-Way as may be required. The Permittee or Right-of-Way User shall reimburse the City for the actual direct and indirect costs of the repair work. Sec. 25-96. Tests and Inspections. A. Right-of-Way User shall give the City Engineer timely notice of readiness of the Work Area for all required inspections,tests,or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Right-of-Way User shall be responsible for arranging, obtaining, and payment of all costs in connection with any inspections,tests,re-tests,or approvals required for City's acceptance of materials or equipment to be incorporated in the Work Area. C. The City may require testing of materials used in construction in the Right-of-Way to determine conformance to required specifications, including, but not limited to, compaction tests on Backfill materials, subgrade, aggregate base course, concrete (concrete pavement), asphaltic concrete (asphalt pavement) and other construction materials as deemed necessary by the City Engineer. The Right-of-Way User is responsible for all costs associated with the testing necessary in accordance with City Construction Standards. D. If any Construction that is to be inspected, tested, or approved is covered by Right-of- Way User without written concurrence of the City Engineer or City Inspector, Right-of-Way User shall, if requested by City Engineer, uncover such Construction to complete the outstanding inspection,testing, observation or approval. Sec. 25-97. Relocation of Facilities for public improvements. 30 Fiscal Year 2023-2024 Rate Book 83 A. In the exercise of governmental functions, the City has first priority over all other uses of the public Rights-of-Way. The City reserves the right to lay sewer, water, and other pipelines or cables and conduits, and to do underground and overhead work, and attachments,restructuring, or changes in aerial Facilities in, across, along, over, or under a public street, alley, or Rights-of- Way occupied by an Right-of-Way User,and to change the curb,sidewalks,or the grade of streets. B. The Right-of-Way User must relocate its Facilities at its own expense, in a timely manner, and prior to the start of Construction of a City project. Failure to comply with this provision shall subject the Right-of-Way User to the enforcement provisions contained herein. C. A Permit will be required when a Right-of-Way User makes Facility adjustments in preparation for City projects, unless the adjustments are exempt under Sec. 25-77(b). D. If the Right-of-Way User fails to remove or relocate its Facilities as requested within ninety (90) calendar days of receipt of the final plans and proof of secured right-of-way, then the City shall be entitled to remove the Facilities at the sole cost and expense of the Right-of-Way User without further notice. Right-of-Way User, Agency, or Network Provider shall, within thirty (30) calendar days following issuance of removal (including, without limitation, overhead and storage expenses) of the Facilities reimburse the City for its actual direct and indirect cost of the removal or relocation work. A hold may be placed on any pending applications for a Permit not yet issued to the Right-of-Way User until payment is received. E. The City shall not require Right-of-Way User to remove Facilities entirely from a street, sidewalk, curb, alley, highway, or public way unless suitable alternatives are available for relocation of its Facilities. Sec. 25-98. Abandonment and removal of Facilities. A. Any Right-of-Way User that intends to discontinue use of or abandon any Facilities within the public Rights-of-Way shall notify the City Engineer in writing of the intent to discontinue use. Such notice shall describe the Facilities for which the use is to be discontinued, including the address and GPS coordinates of any pole,a date of discontinuance of use,which date shall not be less than thirty (30) calendar days from the date such notice is submitted to the City Engineer. Upon receipt of notice of discontinuance of use,the City shall have a right of first refusal to acquire Right-of-Way User's Facilities with the cost for such Facilities to be negotiated by the City and the Right-of-Way User. B.Any Right-of-Way User shall,at its sole cost and expense,promptly disconnect,remove or relocate its Facilities if ordered to do so by the City Engineer pursuant to this Division. The Right-of-Way User shall reimburse City for the City's actual costs of removal of Facilities if Agency or Network Provider fails to promptly disconnect, remove and relocate its Facilities. Payment must be made within thirty (30) calendar days from receipt of an invoice for the actual costs from the City. The City shall not be liable for any damages, injuries, or claims arising from the City's actions under this section. C.The City shall not issue any refunds for any amounts paid by the Right-of-Way User for 31 Fiscal Year 2023-2024 Rate Book 84 Facilities or related ground equipment that have been removed. Sec. 25-99. Certified Telecommunications Providers (CTP). A. Authority Required/Nonexclusive Use. A CTP must provide evidence that the CTP has acquired authorization from the state Public Utility Commission pursuant to state law, prior to obtaining a Permit to use Right-of-Way. The CTP's right to use and occupy the Right-of-Way shall not be exclusive, and the City shall have the right to exercise its police powers and manage its Right-of-Way, based on all applicable federal and/or state laws. B. Transfer and notice. A CTP shall notify the City Engineer of any sale, transfer, merger or assignment of the ownership or control of a CTP's business within thirty(30)days of such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-of-contact information with the City Engineer always during which the CTP uses the Right-of-Way. C. Exemption from fees. Other than the fee authorized by Sec. 283.056, Texas Local Government Code, CTPs are exempted from any additional fees related to the use of the City's Rights-of-Way. D. Waiver of bonds. Unless determined otherwise by the City Engineer, a CTP will be exempt from the bonding requirements of this Division, however, in the event that the City Engineer determines,based upon reasonable grounds,that a bond is necessary to protect the public assets, and/or the health and safety of the public, then the City Engineer may require that a CTP post a reasonable bond not to exceed$100,000. Factors to be considered in determining reasonable grounds may include, but are not limited to, a conviction for violation of this Division, a general pattern of substandard adherence to the provisions of this Division or the failure to comply with this article. If three years pass from the date that the City Engineer requires a bond of a CTP and it has not been necessary for the City to seek performance under the bond, then a bond will no longer be required pursuant to this Division. E. Indemnity.A CTP shall indemnify the city as specified by Section 283.057,Texas Local Government Code, as amended. A CTP shall be exempt from all indemnity requirements of this Division that are inconsistent with Section 283.057, Texas Local Government Code, as amended. Sec. 25-100. Network Providers. A. Authority required/Nonexclusive use. A Network Provider must provide evidence that the Network Provider has acquired all required authorization pursuant to federal and/or state law, prior to obtaining a Permit to use the Right-of-Way. The Network Provider's right to use and occupy the Right-of-Way shall not be exclusive, and the City shall have the right to exercise its police powers and manage its Rights-of-Way, based on Section 284, Texas Local Government Code and all other federal and/or state laws. B. Transfer and notice. A Network Provider shall notify the City Engineer of any sale, transfer,merger or assignment of the ownership or control of a Network Provider's business within 30 days of such sale, transfer, merger or assignment. A Network Provider shall also maintain and 32 Fiscal Year 2023-2024 Rate Book 85 provide current point-of-contact information with the City Engineer always during which the Network Provider uses the Right-of-Way. C. Indemnity. A Network Provider shall indemnify the City as specified by Texas Local Government Code, as amended. D. Compliance with City's Design Manual. A Network Provider shall comply with the City's Wireless Services (Small Cells/DAS)Design Manual, as amended." SECTION 11. Division 4.—Barricading of Construction and Public Rights-of-Way, Article II — Construction and Repair, Chapter 25 — Streets, Sidewalks and Public Places, of the City of Denton Code of Ordinances is repealed in its entirety. SECTION III. Any person, firm,partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding$2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. If any provision of this ordinance or the application thereof to any public ins or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION V. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION VI. In compliance with Section 2.09(c) of the City's Charter, this Ordinance shall take effect on January 1,2020,which is a date fourteen(14)days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by DcB A&n/AI7-oI . and seconded by t L�l /2/C�GS ;the ordinance was passed and approved by the following vot--�_!2j: Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: ✓ Keely G. Briggs, District 2: Jesse Davis, District 3: ✓ John Ryan, District 4: ✓ Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ✓ PASSED AND APPROVED this, the /`TM2day of 2019. 33 Fiscal Year 2023-2024 Rate Book 86 0 t- '4 ikt�- CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, VTORNEY r BY. vi �]�� 34 Fiscal Year 2023-2024 Rate Book 87 ORDINANCE NO. 2017-243 AN ORDINANCE OF THE CITY OF DENTON ADOPTING AND APPROVING FEES RELATED TO IMPLEMENTATION OF CHAPTER 284, TEX. LOCAL GOV'T CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the fees related to the implementation of Ch. 284, Tex. Local Gov't Code is in furtherance of the City's authority under both state and federal law to manage the Public Right-of-Way to ensure the health, safety, and welfare of the public; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION_1. That the findings set forth above are incorporated as if fully set forth herein. SECTION 2. That the City Council approves and adopts the following fees in accordance with Ch. 284, Tex. Local Gov't Code ("LGC"): a. Network Node Annual Public Right-of-Way Fee (Sec.284.053 (a) and (b) and Sec. 284.054, LGC): $250.00 annually for each Network Node (This fee will be adjusted on annual basis by an amount equal to one-half of the annual change, if any, in the Consumer Price Index for All Consumers for Texas, as published by the Federal Bureau of Labor Statistics as published in February for the proceeding twelve months.). b. Transport Facility Monthly Right-of-Way Fee (Section 284.055(b)(2), LGC): $28.00 per month per Network Node located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider's payment of municipal fees to the City exceeds its monthly aggregate per-node compensation to the City. C. Collocation Fee for Network Nodes on Service Poles (Sec. 284.056, LGC): $20.00 annual fee for each Service Pole. d. Collocation Fee for Network Nodes on Municipally Owned Utility ("MOU") Poles (Sec. 284.201(b), LGC: $17.82 per month per Network Node for each MOU Pole. This amount will charge annually. e. Network Node Application Fee (Sec. 284.156, (b)(2), LGC): i. $500.00 for each application containing up to five (5) Network Nodes; and ii. $250.00 for each additional Network Node beyond five (5). f. Node Support Pole Application Fee (Sec. 284.156, (b)(2), LGC): $1,000.00 for each Node Support Pole whether the same is a Service Pole or MOU Pole. 9 Fiscal Year 2023-2024 Rate Book 88 g. Transport Facility Application Fee (Sec. 284.055 (b)(1) and 284.156, (b)(2), LGC): i. $500.00 for each application containing up to five (5) network nodes; and ii. $250.00 for each additional network node beyond five (5). h. Resubmittals of any application under e, f, or g above will be considered to be new applications and required to pay to the appropriate application fee. SECTION 3. That this ordinance shall become effective September 1, 2017. PASSED AND APPROVED this the ? day of - c^ 12017. .... ......... (NI MS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B ° Y I'll 4� xA Al I'll?, QED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY By: 2 Fiscal Year 2023-2024 Rate Book 89 ORDINANCE NO. 1 - 5 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, SETTING THE AMOUNT TO BE CHARGED FOR EACH FEE CREATED IN DIVISION 3. — RIGHTS-OF-WAY CONSTRUCTION MANAGEMENT, ARTICLE II - CONSTRUCTION AND REPAIR, CHAPTER 25 — STREETS, SIDEWALKS AND PUBLIC PLACES, OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR SEVE BILITY; AND, ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 19, 2019, the City Council of the City of Denton passed Ordinance No. 19-2439 which established the City's first right-of-way construction management ordinance; and WHEREAS,the amount to be charged for each fee created in the right-of-way construction management ordinance was to be set by separate ordinance; and WHEREAS, the schedule of fees attached as Exhibit "A" sets forth the amount to be charged for each fee created in the right-of-way construction management ordinance; and WHEREAS, the City Council finds that the amount to be charged for each fee created in the right-of-way construction management ordinance, as shown in the attached schedule of fees, is in the best interest of the public, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recititations and findings contained in the preamble of this ordinance are found to be true and are incorporated herein by reference. SECTION 2. The amount to be charged for each fee created in the right-of-way construction management ordinance, as shown in the schedule of fees attached as Exhibit "A", is approved and adopted. SECTION 3. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. If any section, subsection,paragraph, sentence,phrase or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance, and City Council of The City of Denton, Texas declares it would have enacted such remaining portions despite any such invalidity. f C 1 lO 4. All other prior conflicting fee schedules are superseded and repealed, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. Fiscal Year 2023-2024 Rate Book 90 SECTION 5. This ordinance shall become effective on January 1, 2020. The motion to approve this ordinance was made by A� E Z° ZX . ,f? and seconded by 1 ...... - � p ��w� ��° ; the ordinance was passed and approved by the fol1mving Vow I- ("') 1,... .,.. Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: _.. Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ..'. PA f.'M ANT) AIIPI�OVEID this, U e �l"t.� of :?ll l�1. \1 WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM:AARON LEAL, ("l'l' ATTORNEY " l BY: ..... 1 ., � Fiscal Year 2023-2024 Rate Book 91 EXHIBIT"A" SCHEDULE FEES FOR RIGHT-OF-WAY CONSTRUCTION MANAGEMENT .. ___ ...... m..................... - .......... ...... Permit A ioti Fee $50 _____-. ..................... _ ........ „n .... ......_ Expedited Permit Application Fee $250 m - -- ----- __... Right of Way Inspection Fee $100 Per inspection per hour Overtime Right of Way Inspection Fee $135 Per inspection, per hour At a minimum of hours ( 5 0�) ...... ____ .......... Permit Cj)rratiorr Fee , .... .. $ 0 os't Fee $500 Barricade Dep................... Fiscal Year 2023-2024 Rate Book 92 ORDINANCE No 22-1966 AN ORDINANCE OF THE CITY OF DENTON ADOPTING A SCHEDULE OF FEES FOR CITY OWNED PROPERTY AND FACILITIES LOCATED AT THE DENTON ENTERPRISE AIRPORT; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE WHEREAS, Denton Enterprise Airport(the"Airport") operates under the guidance of the Federal Aviation Administration ("FAA") and the FAA recommends airports establish rates and fees associated with the use of airport land; and WHEREAS, in accordance with Section 3-116 to 3-117 of the City of Denton Code of Ordinances, any fee for the use of City property must be adopted by City Council; and WHEREAS,the City Council finds that the fees imposed are in the public interest; and WHEREAS, on May 1, 2018, City Council approved the adoption of an ordinance establishing an Airport Rates and Fees Schedule; and WHEREAS, at the September 14,2022 meeting of the Airport Advisory Board,the Board recommended that the City approve the amendment to Airport Rates and Fees Schedule by a vote of 5 to 0;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The charges for property and facilities upon Denton Enterprise Airport shall be as indicated in Exhibit 1, Airport Rates and Fees Scheduled, attached hereto; and SECTION 3. The Airport Rates and Fees Schedule shall be updated from time to time to ensure Airport property and facilities are producing fair market value; and SECTION 4. The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. Ordinance 18-683 and all other prior conflicting fee schedules are hereby superseded and repealed,but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith,this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. Fiscal Year 2023-2024 Rate Book 93 SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Br!o-n beck- and seconded by Alt 5 o n Kao u tr e the ordinance was passed and approved by the following vote - 1: Aye Nay Abstain Absent Gerard Hudspeth,Mayor: ✓ Vicki Byrd,District 1: v Brian Beck,District 2: ✓ Jesse Davis,District 3: ✓ Alison Maguire,District 4: Brandon Chase McGee,At Large Place 5: t, Chris Watts,At Large Place 6: PASSED AND APPROVED this the 27""-day of TCA" e4— ,2022 GERARD HUDSPETH, MAYOR ATTEST ROSA RIOS, CITY SECRETARY ��of D ENT9ooi BY: i APPROVED AS TO LEGAL FORM •' MACK REINWAND, CITY ATTORNEY �'�� o�'•••••.•••••''f ` Al T % Digitally signed by Marcella Lunn O� } ` DN:cn=Marcella Lunn,o,ou=City BY:_ 1\f�� 0'J U\P, emD 1=marcella.lunn@cityofdento n.com,c=US Date:2022.09.19 09:31:02-05'00' Fiscal Year 2023-2024 Rate Book 94 DENTON ENTERPRISE AIRPORT } DENTON DENTON RATES AND FEES SCHEDULE ARPORTlSE Access Card Fee (new or replacement).......................................................$20.00 Aircraft Storage Fees Quebec T-Hangar Units A & B........................................................$600.00/month Quebec T-Hangar Units C & E........................................................$400.00/month Quebec T-Hangar Unit D.................................................................$350.00/month Quebec Box Hangars......................................................................$525.00/month Airport Development Application Fee......................................................$1,000.00 Airport Hourly Rate...............................................................................$48.82/hour (Rate for staff escorts and repairs) Airport Terminal Meetinq Room Facility Use Fee ...................................................................................$30.00/hour Security Deposit(at the discretion of the Airport Manager)................ $100.00/reservation (Fees may be waived for non-profit aviation related groups, emergency services, and city departments) Aviation Fuel Delivery Fee Fixed Base Operator............................................................................ $0.17/gallon PrivateUse.......................................................................................... $0.29/gallon (Fee in-lieu of specific lease agreement fuel fees) Building and Land Lease Rates .................... Based on Appraisal & CPI Increases Lease Assignment Processing Fee.........................................................$1,000.00 September 27,2022 Fiscal Year 2023-2024 Rate Book 95 ORDINANCE NO. 20-1553 AN ORDINANCE OF THE CITY OF DENTON,TEXAS ESTABLISHING THE SCHEDULE OF RATES FOR ELECTRIC SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Schedule of Rates for electrical services as provided for in Chapter 26 of the City of Denton Code of Ordinances, is as follows: ELECTRIC RATE SCHEDULES PAGE RES Residential Service 2 GS General Service Small 4 GM General Service Medium 6 GL General Service Large 8 TG General Service Time Of Use 10 GOS Local Government Service Small 12 GOM Local Government Service Medium 14 GOL Local Government Service Large 16 T1 Temporary Service 18 AF Athletic Field 20 LS Street Lighting 22 LT Traffic Lighting 23 UFL Unmetered School Zone/Crossing Flashers 24 USC Unmetered Security Camera 25 UWF Unmetered Wi-Fi Devices 26 LO Other Lighting 27 DD Security Lighting 28 DSL Non-Standard Street Lighting 30 EGR Economic Growth Rider 32 GIP GreenSense Incentive Program 34 ECA Energy Cost Adjustment 35 RCA Renewable Cost Adjustment 36 TCRF Transmission Cost Recovery Factor 37 DGR Distributed Generation From Renewable Sources Rider 38 SIR Special Facilities Rider 40 PAF Pole Attachment Fee 41 BIF Banner Install Fee 43 WNA Wireless Node Attachments 44 EVCR Electric Vehicle Charging Rate 46 1 Fiscal Year 2023-2024 Rate Book 96 RESIDENTIAL ELECTRIC SERVICE (Effective 10/01/20) 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. MONTHLY RATE (1) Facility Charge Per Bill Single-Phase Service (112) $ 8.67 Three-Phase Service(112) $17.33 Prepaid Service (P2) $16.02 plus; (2) Usage Charge Per kWh Winter(Billing months of November through April): Tier 1: First 600 kWh $0.0684 Tier 2: Additional kWh $0.0455 Summer(Billing months of May through October): Tier 1: All kWh $0.0684 plus; (3) Energy Cost Adjustment Charge See Schedule ECA plus; (4) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the Facility Charge as a minimum, regardless of actual energy usage. 2 Fiscal Year 2023-2024 Rate Book 97 USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Winter(Billing months of November through April): Usage Charge= kWh in Tier 1 x Tier 1 Rate per kWh kWh in Tier 2 x Tier 2 Rate per kWh,if applicable Summer(Billing months of May through October): Usage Charge= All kWh x Tier 1 Rate per kWh SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 3 Fiscal Year 2023-2024 Rate Book 98 SCHEDULE GS GENERAL SERVICE SMALL (Effective 10/01/20) APPLICATION Applicable to any commercial customer having a maximum demand of less than 21 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 is equal to or exceeds 21 kW in two consecutive months, account will be adjusted to bill under General Service Medium (GM) and the Customer must remain on the GSM rate for a minimum of twelve (12)billing periods. This Rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. MONTHLY RATE (1) Facility Charge Per Bill Single-Phase $16.60 Three-Phase $22.17 plus; (2) Usage Charge Per kWh Tier 1: First 2,500 kWh $0.0852 Tier 2: Additional kWh $0.0446 plus; (3) Energy Cost Adjustment Charge See Schedule ECA plus; (4) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the Facility Charge as a minimum, regardless of actual energy usage. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= kWh in Tier 1 x Tier 1 Rate per kWh kWh in Tier 2 x Tier 2 Rate per kWh,if applicable 4 Fiscal Year 2023-2024 Rate Book 99 SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 5 Fiscal Year 2023-2024 Rate Book 100 SCHEDULE GM GENERAL SERVICE MEDIUM (Effective 10/01/20) APPLICATION Applicable to any commercial customer having a maximum demand that meets or exceeds 21 kW but less than 240 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 is equal to or exceeds 240 kW in two consecutive months, account will be adjusted to bill under General Service Large (GSL), and the Customer must remain on the GSL rate for a minimum of twelve(12)billing periods. Applicable to GSM Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage. (GM2) Applicable to GSM Customers that 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) This Rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. MONTHLY RATE (1) Facility Charge Per Bill Single-Phase $16.60 Three-Phase $22.17 plus; (2) Demand Charge Per kW All kW $4.78 plus; (3) Usage Charge Per kWh GM Tier 1: First 6,000 kWh $0.0523 Tier 2: Additional kWh $0.0432 GM2 Tier 1: First 6,000 kWh $0.0513 Tier 2: Additional kWh $0.0422 GM3 Tier 1: First 6,000 kWh $0.0493 Tier 2: Additional kWh $0.0402 plus; 6 Fiscal Year 2023-2024 Rate Book 101 (4) Energy Cost Adjustment Charge See Schedule ECA plus; (5) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period,the Customer shall be obligated to pay the Facility Charge plus the Demand Charge,regardless of actual energy usage. 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)21 kW; or(3) seventy percent(70%)of the maximum monthly actual demand for any month during the previous billing months of May through October in the twelve (12) months ending with the current month. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= kWh in Tier 1 x Tier 1 Rate per kWh kWh in Tier 2 x Tier 2 Rate per kWh, if applicable SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 7 Fiscal Year 2023-2024 Rate Book 102 SCHEDULE GL GENERAL SERVICE LARGE (Effective 10/01/20) APPLICATION Applicable to any commercial customer having a minimum demand of 240 kW for all electric service supplied at one point of delivery and measured through one meter. Customers who elect to discontinue service under this Rate are ineligible for service under this Rate for twelve (12) months. Applicable to GSL Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage. (GL2) Applicable to GSL Customers that 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) This Rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. MONTHLY RATE (1) Facility Charge Per Bill Three-Phase $69.06 plus; (2) Demand Charge Per kVA All kVA $10.80 plus; (3) Usage Charge Per kWh GL Tier 1: First 200,000 kWh $0.0245 Tier 2: Additional kWh $0.0140 GL2 Tier 1: First 200,000 kWh $0.0235 Tier 2: Additional kWh $0.0130 GL3 Tier 1: First 200,000 kWh $0.0215 Tier 2: Additional kWh $0.0110 plus; 8 Fiscal Year 2023-2024 Rate Book 103 (4) Energy Cost Adjustment Charge See Schedule ECA plus; (5) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period,the Customer shall be obligated to pay the Facility Charge plus the Demand Charge, regardless of actual energy usage. DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater o£ (1) the actual monthly WA 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 WA actual demand for any month during the previous billing months of May through October in the twelve(12) month period ending with the current month. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= kWh in Tier 1 x Tier 1 Rate per kWh kWh in Tier 2 x Tier 2 Rate per kWh, if applicable SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 9 Fiscal Year 2023-2024 Rate Book 104 SCHEDULE TG GENERAL SERVICE TIME OF USE (Effective 10/01/20) APPLICATION Applicable to any Customer having a minimum demand of 240 kW for all electric service supplied at one point of delivery and measured through one meter. Customers electing this Rate must remain on this Rate for a minimum of twelve(12)continuous billing months. 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 demand shall be billed at the GSL Demand Rate until the Customer establishes a separate on-peak and off-peak demand during an on-peak month. Applicable to TGS Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage. (TG2) Applicable to TGS Customers that 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) This Rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. MONTHLY RATE (1) Facility Charge Per Bill Three-Phase $80.54 plus; (2) Demand Charge Per kVA On-Peak $13.76 Off-Peak $ 2.72 plus; (3) Usage Charge Per kWb TG All kWh $0.0082 TG2 All kWh $0.0072 TG3 All kWh $0.0052 plus; 10 Fiscal Year 2023-2024 Rate Book 105 (5) Energy Cost Adjustment Charge See Schedule ECA plus; (6) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period,the Customer shall be obligated to pay the Facility Charge plus the On-Peak and Off-Peak Demand Charges,regardless of actual energy usage. DEFINITION OF TIME OF USE 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. The City's off-peak hours, for the purpose of this rate schedule, shall be all hours not designated as on-peak hours. DETERMINATION OF DEMAND 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)250 kVA;or(3)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. Off-Peak Demand Charge for the billing period shall be the greater of: (1) the WA 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)250 kVA. The Off-Peak Demand Charge will be applied to each billing period. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= All kWh x Rate per kWh SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 11 Fiscal Year 2023-2024 Rate Book 106 SCHEDULE GOS LOCAL GOVERNMENT SERVICE SMALL (Effective 10/01/20) APPLICATION Applicable to any local City, County or School District customer having a maximum demand of less than 21 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 equals or exceeds 21 kW in two consecutive months, account will be adjusted to bill under Local Government Service Medium (GOM), and the Customer must remain on the GOM 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 Per Bill Single-Phase $16.60 Three-Phase $22.17 plus; (2) Usage Charge Per kWh Tier 1: First 2,500 kWh $0.0852 Tier 2: Additional kWh $0.0446 plus; (3) Energy Cost Adjustment Charge See Schedule ECA plus; (4) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the Facility Charge as a minimum, regardless of actual energy usage. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= All kWh x Rate per kWh 12 Fiscal Year 2023-2024 Rate Book 107 SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 13 Fiscal Year 2023-2024 Rate Book 108 SCHEDULE GOM LOCAL GOVERNMENT SERVICE MEDIUM (Effective 10/01/20) APPLICATION Applicable to any local City, County, or School District customer having a maximum demand that meets or exceeds 21 kW but less than 240 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 is equal to or exceeds 240 kW in two consecutive months, account will be adjusted to bill under Local Government Service Large(GOL),and the customer must remain on the GOL 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 Per Hill Single-Phase $16.60 Three-Phase $22.17 plus; (2) Demand Charge Per kNN7 All kW $4.78 plus; (3) Usage Charge Per kWh Tier 1: First 6,000 kWh $0.0523 Tier 2: Additional kWh $0.0432 plus; (4) Energy Cost Adjustment Charge See Schedule ECA plus; (5) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period,the Customer shall be obligated to pay the Facility Charge plus the Demand Charge,regardless of actual energy usage. 14 Fiscal Year 2023-2024 Rate Book 109 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 each month; or (2) fifty percent (50%) of the maximum monthly actual demand for any month during the previous billing months of May through October in the twelve (12) months ending with the current month. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= kWh in Tier 1 kWh x Rate per kWh kWh in Tier 2 kWh x Rate per kWh, if applicable SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten(10) business days after issuance. 15 Fiscal Year 2023-2024 Rate Book 110 SCHEDULE GOL LOCAL GOVERNMENT SERVICE LARGE (Effective 10/01/20) APPLICATION Applicable to any local City, County, or School District customer having a minimum demand of 240 kW for all electric service supplied at one point of delivery and measured through one meter. Customers who elect to discontinue service under this Rate are ineligible for service under this Rate for twelve (12)months. Applicable to GOL Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage. (G02) Applicable to GOL Customers that own,operate,and maintain all facilities necessary to receive three- phase primary voltage service and all transformation facilities required for conversion to utilization voltage. (G03) This Rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. MONTHLY RATE (1) Facility Charge Per Bill Three-Phase $69.06 plus; (2) Demand Charge Per kVA All kVA $10.80 plus; (3) Usage Charge Per kWh GOL Tier 1: First 200,000 kWh $0.0245 Tier 2: Additional kWh $0.0140 G02 Tier 1: First 200,000 kWh $0.0235 Tier 2: Additional kWh $0.0130 G03 Tier 1: First 200,000 kWh $0.0215 Tier 2: Additional kWh $0.0110 plus; 16 Fiscal Year 2023-2024 Rate Book 111 (4) Energy Cost Adjustment Charge See Schedule ECA plus; (5) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period,the Customer shall be obligated to pay the Facility Charge plus the Demand Charge,regardless of actual energy usage. DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of. (1) the actual monthly WA demand as measured during the fifteen(15)minute period of maximum use each month; or(2) fifty percent(50%) of the maximum monthly WA actual demand for any month during the previous billing months of May through October in the twelve (12) month period ending with the current month. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= kWh in Tier 1 x Tier 1 Rate per kWh kWh in Tier 2 x Tier 2 Rate per kWh, if applicable SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 17 Fiscal Year 2023-2024 Rate Book 112 SCHEDULE T1 TEMPORARY SERVICE (Effective 10/01/20) APPLICATION Applicable to short term or temporary electric service where a Customer has received a permit. This Rate is not applicable after the certificate of occupancy or building final inspection has been issued. NET MONTHLY RATE (1) Facility Charge Per Bill Single-Phase $16.61 Three-Phase $22.19 plus; (2) Usage Charge Per kNN li All kWh $0.0854 plus; (3) Energy Cost Adjustment Charge See Schedule ECA plus; (4) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period,the Customer shall be obligated to pay the Facility Charge regardless of actual energy usage. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= All kWh x Rate per kWh 18 Fiscal Year 2023-2024 Rate Book 113 ADDITIONAL TEMPORARY SERVICE CHARGES Labor Regular time or overtime labor hourly rates in effect at the time the work is performed for all personnel performing the work. Labor charges shall be based on a one (1) hour minimum with all additional time above the minimum to be measured to the nearest one-quarter hour. Transportation To be billed by hours or miles,as applicable,according to the estimated cost of operating the required equipment. Material Material that cannot be salvaged shall be billed at the City's Warehouse cost plus twenty five percent (25%), plus applicable sales tax. At the time a temporary service is removed or converted, any loss of the installed material due to negligence or willful action by the Customer will be billed separately to the Customer at replacement cost plus twenty five percent(25%),plus applicable sales tax. Administrative Fee Ten percent(10%)of the total labor,transportation,and material costs. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 19 Fiscal Year 2023-2024 Rate Book 114 SCHEDULE AF ATHLETIC FIELD (Effective 10/01/20) 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 Per Bill Single-Phase $22.75 Three-Phase $34.11 plus; (2) Demand Charge Per kW On-Peak $6.06 Off-Peak $1.44 plus: (3) Usage Charge Per kWh On-Peak $0.0977 Off-Peak $0.0489 plus; (4) Energy Cost Adjustment Charge See Schedule ECA plus; (5) Transmission Cost Recovery Factor See Schedule TCRF MINIMUM BILLING For each billing period, the Customer shall be obligated to pay the Facility Charge, regardless of actual energy usage. 20 Fiscal Year 2023-2024 Rate Book 115 DEFINITION OF ON-PEAK AND OFF-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., for the months of June through September. The City's on-peak hours may be changed from time to time. The City's off-peak hours, for the purpose of this rate schedule, shall be all hours not designated as on-peak hours. DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the actual kW demand supplied during the fifteen (15) minute period of maximum use during the current billing period as determined by the City's demand meter. USAGE CHARGE Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge= On-Peak kWh x Rate per kWh Off Peak kWh x Rate per kWh SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 21 Fiscal Year 2023-2024 Rate Book 116 SCHEDULE LS STREET LIGHTING (Effective 10/01/20) APPLICATION Applicable to all street lighting owned and maintained by the City. NET MONTHLY RATE (1) Facility Charge Per Bill Luminaire Style Type 100 W Sodium Cobra (LSA) $6.08 250 W Sodium Cobra (LSB) $8.62 400 W Sodium Cobra (LSC) $10.86 100 W LED Cobra (LSD) $6.08 250 W LED Cobra (LSE) $8.62 400 W LED Cobra (LSF) $10.86 85 W LED Post (LSG) $10.86 plus; (2) Energy Cost Adjustment Charge See Schedule ECA ENERGY COST ADJUSTMENT CHARGE Current ECA multiplied by respective kWh based on the following Bulb Wattage Factors: Luminaire Type Bulb Wattage Factor 100 W Sodium(LSA) 48 kWh 250 W Sodium(LSB) 105 kWh 400 W Sodium(LSC) 159 kWh 100 W LED (LSD) 25 kWh 250 W LED (LSE) 96 kWh 400 W LED (LSF) 148 kWh 85 W LED (LSG) 23 kWh PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 22 Fiscal Year 2023-2024 Rate Book 117 TRAFFIC LIGHTING (Effective 10/01/20) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. METERED TRAFFIC LIGHTING NET MONTHLY RATE (LT) (1) Usage Charge $0.0664 per kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA plus; (3) Transmission Cost Recovery Factor See Schedule TCRF USAGE CHARGE Billing for the Metered Traffic Lighting Usage Charge shall be based on actual kWh consumption during the billing period.Usage Charge=All kWh x Rate per kWh UNMETERED TRAFFIC LIGHTING NET ANNUAL RATE(ULT) (1) Usage Charge $0.0664 per kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA plus; (3) Transmission Cost Recovery Factor See Schedule TCRF USAGE CHARGE Billing for the Unmetered Traffic Lighting Usage Charge shall be based on historical recorded annual kWh consumption. Usage Charge=All kWh x Rate per kWh Annual Usage=904 kWh per account PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 23 Fiscal Year 2023-2024 Rate Book 118 SCHEDULE UFL UNMETERED SCHOOL ZONE/CROSSING FLASHERS (Effective 10/01/20) APPLICATION Applicable to local government agencies that operate and maintain their own unmetered school zone/crossing flashers. NET ANNUAL RATE (1) Usage Charge $0.0664 per kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA plus; (3) Transmission Cost Recovery Factor See Schedule TCRF USAGE CHARGE Billing for the Usage Charge shall be based on historical recorded annual kWh consumption. The total billed usage divided by number of school zone/crossing flashers will determine the average kWh usage. This average consumption will be billed for each school zone/crossing flasher once every twelve(12)months at the end of the fiscal year. Any accounts that are added during the year will be billed on prorated consumption. Usage Charge= All kWh x Rate per kWh Annual Usage= 48 kWh per account PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 24 Fiscal Year 2023-2024 Rate Book 119 SCHEDULE USC UNMETERED SECURITY CAMERA (Effective 10/01/20) APPLICATION Applicable to Local Government agencies that operate and maintain their own unmetered security cameras. NET ANNUAL RATE (1) Facility Charge $17.82 per bill plus; (2) Usage Charge $0.0664 per kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA plus; (1) Transmission Cost Recovery Factor See Schedule TCRF USAGE CHARGE Billing for the Usage Charge shall be based on technical information of installed equipment. This calculated consumption will be billed for each camera once every twelve (12) months at the end of the fiscal year. Any accounts that are added during the year will be billed on prorated consumption. Usage Charge= annual kWh per camera x kWh Rate Annual Usage= 300 kWh per camera per account PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 25 Fiscal Year 2023-2024 Rate Book 120 SCHEDULE UWF UNMETERED WI-FI DEVICES (Effective 10/01/20) APPLICATION Applicable to local government agencies that operate and maintain their own unmetered Wi-Fi devices. NET ANNUAL RATE (1) Facility Charge $17.82 per bill plus; (2) Usage Charge $0.0664 per kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA plus; (4) Transmission Cost Recovery Factor See Schedule TCRF USAGE CHARGE Billing for the Usage Charge shall be based on technical information of installed equipment. This calculated consumption will be billed for each device once every twelve(12)months at the end of the fiscal year. Any accounts that are added during the year will be billed on prorated consumption. Usage Charge= annual kWh per device x kWh Rate Annual Usage= 300 kWh per device per account PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 26 Fiscal Year 2023-2024 Rate Book 121 SCHEDULE LO OTHER LIGHTING (Effective 10/01/20) 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. METF.RED LIGHTING NET MONTHLY RATE (LOB) (1) Usage Charge $0.0664 per kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA METERED LIGHTING USAGE CHARGE(LOB) Billing for the Usage Charge shall be based on actual kWh consumption during the billing period. Usage Charge=All kWh x Rate per kWh UNMETERED LIGHTING NET MONTHLY RATE (LOA) (1) Usage Charge $0.0664 per kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA UNMETERED LIGHTING USAGE CHARGE (L,OA) Billing for the Usage Charge shall be based on estimated kWh consumption during the billing period. Usage Charge=(kWh Rate x Bulb Wattage/1000)x (Hours of Operation per Billing Period) Hours of Operation per Billing Period= 333 hours Bulb Wattage is the rated wattage of the luminaire bulb PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 27 Fiscal Year 2023-2024 Rate Book 122 SCHEDULE DD SECURITY LIGHTING (Effective 10/01/20) APPLICATION Applicable to all outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system. NET MONTHLY RATE (1) Facility Charge Per Bill Luminaire Type 100 W Sodium Vapor (DSA) $ 9.61 250 W Sodium Vapor (DSB) $12.71 400 W Sodium Vapor (DSC) $15.32 250 W Metal Halide (DI-IA) $14.95 400 W Metal Halide (DHB) $17.82 100 W Equivalent LED (DSD) $ 9.61 250 W Equivalent LED (DSE) $12.71 400 W Equivalent LED (DSF) $15.32 plus; (2) Energy Cost Adjustment Charge See Schedule ECA ENERGY COST ADJUSTMENT CHARGE Current ECA multiplied by respective kWh based on the following Bulb Wattage Factors: Luminaire Type Bulb Wattage Factor 100 W Sodium Vapor (DSA) 48 kWh 250 W Sodium Vapor (DSB) 105 kWh 400 W Sodium Vapor (DSC) 159 kWh 250 W Metal Halide (DHA) 105 kWh 400 W Metal Halide (DHB) 159 kWh 100 W Equivalent LED(DSD) 25 kWh 250 W Equivalent LED(DSE) 96 kWh 400 W Equivalent LED(DSF) 148 kWh 28 Fiscal Year 2023-2024 Rate Book 123 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. 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 are subject to the Special Facilities Rider. 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. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to Special Facilities Rider. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. 29 Fiscal Year 2023-2024 Rate Book 124 SCHEDULE DSL NON-STANDARD STREET LIGHTING (Effective 10/01/20) 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 parry and the City under which the legally responsible party accepts all responsibilities,both legal and fmancial, related to operation and maintenance of the subject lights, including but not limited to payment of all applicable energy charges. NET MONTHLY RATE (1) Facility Charge $9.18 per bill plus; (2) Usage Charge $0.0664 per kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA USAGE CHARGE Current usage charge and ECA rates are multiplied by respective kWh based on the following Bulb Wattage Factors: Luminaire Tvve Bulb Wattaize Factor 100 W Sodium Vapor(DLSA) 48 kWh 250 W Sodium Vapor(DLSB) 105 kWh 400 W Sodium Vapor(DLSC) 159 kWh 250 W Metal Halide(DLHA) 105 kWh 400 W Metal Halide(DLHB) 159 kWh 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: 30 Fiscal Year 2023-2024 Rate Book 125 Labor Regular time or overtime labor hourly rates in effect at the time the work is performed for all personnel performing the work. Labor charges shall be based on a one(1)hour minimum with all additional time above the minimum to be measured to the nearest one-quarter hour. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the required equipment. Material Any material needed to repair and/or maintain facilities will be billed at City Warehouse cost plus twenty five percent(25%). Administrative Fee Ten percent(10%)of the total labor,transportation, and material costs. PAYMENT Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. 31 Fiscal Year 2023-2024 Rate Book 126 SCHEDULE EGR ECONOMIC GROWTH RIDER (Effective 10/01/20) PURPOSE The purpose of this Rider is to facilitate local economic growth and expand the ad valorem tax base of the City. AVAILABILITY This Rider is available to the Customers who: (1) Receive service from Rate Schedules GSL or TGS; and (2) Pay City ad valorem tax; and (3) Receive no electric service discounts other than those specifically defined in the GSL or TGS Rate Schedules. APPLICATION This Rider is available to electric service supplied at any one location. It is for firm electric service applicable to new and existing customers as described below, over a five(5)year period. This Rider is available to the following classes of customers: (1) New Customers whose electric service represents demand not previously served by the City at any location in the City's service area in the last twelve(12)months,where such metered demand will be in excess of 1,000 WA and customer load factor must be greater than the City's electric system load factor,as estimated and mutually agreed upon by the General Manager of the City's electric utility and the Customer. (2) Existing Customers served under Rate Schedules GSL or TGS who increase their prior existing metered demand by 1,000 WA and customer load factor must be greater than the City's electric system load factor. This increase shall be verified by sub- metering (at the Customer's expense) the additional load. If sub-metering is not possible, at the discretion of the General Manager of the City's electric utility, the increase may be verified by comparing a three-month rolling average of the new level of demand to the prior demand averaged for corresponding months. During periods in which this verification method cannot be applied, the General Manager and the Customer may develop a mutually agreed-upon formula to estimate the base and additional demand levels. 32 Fiscal Year 2023-2024 Rate Book 127 In light of additional costs associated with the Economic Growth Rider and to mitigate potential risk to ratepayers,any participant in the Economic Growth Rider must be,at the time this Rider is applied for and continuing while such Rider is in effect, a Customer in good standing of all City utilities,including solid waste services. Unless legal review procedures have been invoked in good faith regarding the obligation, a Customer in good standing for the purpose of this Rider is defined as a Customer not owing any unpaid utility or solid waste debt obligation that is over forty-five(45) days past due to the City during the previous twelve (12)months. NET MONTHLY RATE The Customer shall be charged under the appropriate applicable rate schedules with the exception that the monthly billing demand (for the GSL Rate) or system demand and on-peak demand (for the TGS Rate)will be adjusted in accordance with the following table: Time Period Reduction to Billing Demand First Year 50% Second Year 40% Third Year 30% Fourth Year 20% Fifth Year 10% CONTRACT PERIOD The term of the contract will be for five (5)years. 33 Fiscal Year 2023-2024 Rate Book 128 SCHEDULE GIP GREENSENSE INCENTIVE PROGRAM (Effective 10/01/20) PROGRAM SUMMARY The objective of the GreenSense Incentive Program ("Program") is to reduce energy demand and consumption by promoting energy conservation,thereby reducing the utility bills of City Customers, reducing the peak load of the City's electric system, reducing emissions in the state, and promoting energy conservation. The Program offers incentives,in the form of credits on the electric service bills of City retail customers. Cash incentives may be paid to retail customers for the installation of photovoltaic applications. In light of additional costs associated with the GreenSense Incentive Program and to mitigate potential risk to ratepayers,any participant in the GreenSense Incentive Program must be,at the time this program is applied for and continuing while such program is in effect, a Customer in good standing of all City utilities,including solid waste services. Unless legal review procedures have been invoked in good faith regarding the obligation, a Customer in good standing for the purpose of this Program is defined as a Customer not owing any unpaid utility or solid waste debt obligation that is over forty-five(45) days past due to the City during the previous twelve(12)months. Program applicants will be able to qualify for multiple incentives simultaneously,unless specified in the individual guidelines. A separate application may be necessary for each incentive. The Program will be in effect each fiscal year beginning on October 1,until the allotted funding is depleted or until cancellation of the program by the City. At the time the funds are depleted,no additional applications for participation will be accepted until the next fiscal year. Qualifying applicants must receive electric service from the City. The program guidelines and payment provisions are subject to change by the City without prior notice. The City may, at any time,discontinue the Program without prior notice. The current program guidelines may be found in the GreenSense Incentive Program Manual located at www.cityofdenton.com. 34 Fiscal Year 2023-2024 Rate Book 129 SCHEDULE ECA ENERGY COST ADJUSTMENT (Effective 10/01/20) The Energy Cost Adjustment(ECA)Rate shall be set by the Public Utilities Board("PUB"). The ECA Rate shall be reviewed on a quarterly basis and adjusted as defined below to recover the net cost of energy delivered to Customers and to maintain the City's electric utility in a financially sound position. NET MONTHLY RATE (1) Energy Cost Adjustment Charge $0.0341 per kWh ENERGY COST ADJUSTMENT BALANCING ACCOUNT CALCULATION The ECA Balancing Account shall be calculated using the following formula: ECA Balancing Account=(Beginning ECA Account Balance)—(Projected Net Energy Cost) Where: Projected Net Energy Cost = For the next fiscal quarter, the electric utility's projected cost of electric load purchases from ERCOT plus all projected electric utility power/energy related costs for that same period including,but not limited to,power production(including the Denton Energy Center debt and all other costs); purchased power; applicable transmission services, losses and congestion; other ERCOT charges; renewable energy credits; and financial and/or physical power/energy trades; less all projected revenue to be received by the electric utility for power/energy related sales and/or trades. The General Manager of the City's electric utility or his/her designee shall calculate the ECA Balancing Account monthly. In the event that the ECA Balancing Account calculated during the last month of each fiscal quarter(December,March,June, and September)is projected to be over/under collected by $5,000,000 or more during the next quarter,the General Manager or his/her designee may recommend to the PUB and City Council a revision to the ECA to maintain the City's electric utility in a financially sound position. ENERGY COST ADJUSTMENT CALCULATION ECA= [(Projected Net Energy Cost)+(ECA Balancing Account)] /(Projected kWh sales) ENERGY COST ADJUSTMENT CHARGE The Energy Cost Adjustment Charge shall be based on actual kWh consumption during the billing period. Energy Cost Adjustment Charge= kWh x ECA Rate 35 Fiscal Year 2023-2024 Rate Book 130 SCHEDULE RCA RENEWABLE COST ADJUSTMENT (Effective 10/01/20) Applicable to any Customer receiving City electric service that owns an on-site distributed generation powered by a renewable resource which is interconnected with the City's electric system. The Renewable Cost Adjustment(RCA) Rate shall be set by the Public Utilities Board("PUB"). The RCA Rate shall be reviewed on a quarterly basis and adjusted as defined below to reflect an economically neutral value of distributed generation energy. NET MONTHLY RATE (1) Rene% able Cost Adjustment $0.0381 per kWh RENEWABLE COST ADJUSTMENT CALCULATION The RCA shall be calculated using the nodal market price and renewable hourly output factor: RCA=(Nodal Market Price)x(Renewables Hourly Output)/(Total Annual Renewables Production) RENEWABLE COST ADJUSTMENT CREDIT The Renewable Cost Adjustment Charge shall be based on actual kWh delivered from Customer to the City's electric system during the billing period. Renewable Cost Adjustment Credit=kWh x RCA Rate 36 Fiscal Year 2023-2024 Rate Book 131 SCHEDULE TCRF TRANSMISSION COST RECOVERY FACTOR (Effective 10/01/20) The Transmission Cost Recovery Factor (TCRF) Rate shall be set by the Public Utilities Board ("PUB"). The TCRF Rate shall be reviewed on a quarterly basis and adjusted as defined below to recover the costs of transmission service within the boundaries of the Electric Reliability Council of Texas ("ERCOT")region which are billed and charged to the City. NET MONTHLY RATE Per kWh Residential $0.00 General Service Small $0.00 Local Government Service Small $0.00 Temporary Service $0.00 Athletic Field $0.00 Traffic Lighting $0.00 Unmetered Traffic Lighting $0.00 Unmetered School Zone/Crossing $0.00 Unmetered Security Camera $0.00 Unmetered Wi-Fi Devices $0.00 NET MONTHLY RATE Per kW General Service Medium $0.00 Local Government Service Medium $0.00 NET MONTHLY RATE Per kVA General Service Large $0.00 Local Government Service Large $0.00 General Service Time Of Use $0.00 TRANSMISSION COST RECOVERY FACTOR BALANCING ACCOUNT CALCULATION The TCRF shall be calculated using the following formula: TCRF Annual Billing = (Actual monthly net TCOS billing amounts charged by ERCOT transmission service providers to the City) + (Projected increases or decreases PUCT- approved TCOS billing amount charges to ERCOT utilities) During the last month of each fiscal year quarter (December, March, June, and September), the General Manager of the City's electric utility or his/her designee shall calculate the TCRF Balancing Account. The TCRF charge will be developed by the City for each applicable customer billing schedule herein, based on projected kWh sales for billing schedules without a demand component and on monthly peak kW for billing schedules with a demand component. TCRF rate class allocation amount = [(TCRF annual billing) x (Projected rate class kWh usage)] /(Total projected usage for all rate classes). 37 Fiscal Year 2023-2024 Rate Book 132 SCHEDULE DGR DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (Effective 10/01/20) APPLICATION This Rider is available to any retail Customer receiving electric service under a City electric rate schedule who owns and operates an on-site generating system powered by a renewable resourcecapable of producing power, and which is interconnected with the City's electric system. Renewable energy technology is any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly or indirectly from the sun or wind. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources. This Rider applies to a Customer-owned generating system that primarily offsets all or part of the Customer's electric service provided by the City. If the Customer-owned generating system is sized such that it produces energy in excess of a Customer's electric consumption, special arrangements and a contract may be necessary. The current interconnection guidelines may be found in the Distributed Generation Manual located at www.cityofdenton.com. In light of additional costs associated with the Distributed Generation From Renewable Sources Rider and to mitigate potential risk to ratepayers,any participant in the Distributed Generation From Renewable Sources Rider must be, at the time this Rider is applied for and continuing while such Rider is in effect, a Customer in good standing of all City utilities, including solid waste services. Unless legal review procedures have been invoked in good faith regarding the obligation,a Customer in good standing for the purpose of this Rider is defined as a Customer not owing any unpaid utility or solid waste debt obligation that is over forty-five(45)days past due to the City during the previous twelve(12)months. CONDITIONS OF SERVICE All charges,character of service,and terms and conditions of the electric rate schedule under which the Customer receives service shall apply except as expressly altered by this Rider. The Customer shall comply with the City's current technical requirements for distributed generation interconnection. The Customer shall obtain approval from the City prior to the installation of the on-site generating system. The Customer shall submit to the City a completed interconnection application form and signed Agreement for Interconnection and Parallel Operation of Distributed Generation before the system installation. The minimum term of an agreement under this Rider is one year, extended automatically unless terminated by either party with sixty (60) days advance written notice. The Customer is responsible for the costs of interconnecting with the City's electric system, including transformers, service lines,or other equipment determined necessary by the City for safe installation and operation of the Customer's equipment with the City's electric system. The Customer is responsible for any costs associated with required inspections and permits. 38 Fiscal Year 2023-2024 Rate Book 133 METERING Metering under this Rider shall be performed by a single meter capable of registering the flow of electricity in two directions (delivered by the City's electric system to the Customer, and delivered to the City's electric system by the Customer's system) to determine the Customer's net energy flow. RATE Beginning in the billing period after a Customer receives approval from the City, to interconnect the Customer's on-site generating system; all energy generated by the Customer's system and delivered to the City's electric system will be considered renewable energy. The Customer shall be billed for all energy delivered by the City to the Customer under the approved rates. For any generation delivered by the Customer's system to the City's electric system up to the amount of energy delivered by the City to the Customer, the City shall credit the Customer's account for the energy generated as follows: Generation Credit= [(kWh delivered from the Customer's approved system) x(Customer's base electric service rate)] + [(kWh delivered from the Customer's approved system)x (RCA Rate)] For all energy delivered by the Customer's system to the City's electric system that exceeds the amount of energy delivered by the City 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 Any Billing Period Credit shall be applied to the utility charges due from the Customer to the City for the billing period. INDEMNIFICATION The Customer operating the renewable distributed generation system indemnifies the City and holds the City harmless for all damages and injuries to the City, the Customer, or others arising out of Customer's use, ownership or operation of Customer's distributed generation facilities in parallel with the City's system. Customer is solely responsible for providing adequate protection for operating in parallel with the City's system in such a manner that faults or other disturbances on the City's system do not cause damage to the Customer's distributed generation equipment. 39 Fiscal Year 2023-2024 Rate Book 134 SCHEDULE SFR SPECIAL FACILITIES RIDER (Effective 10/01/20) (1) All service shall be offered from available facilities. If a Customer's service characteristics require facilities and devices not normally and readily available at the location where the Customer requests service,the total cost incurred by the City for all facilities installed, buried, relocated and/or removed shall be the responsibility of the Customer and subject to a contract entered into between the City and the Customer. This contract shall be signed by both parties prior to the City providing service to the Customer. (2) Any contract under this rider is subject to the following approvals: (a) If the total value of the contract is less than $100,000, the contract may be approved by the City Manager, or his designee. If a contract under this subsection is not approved by the City Manager, or his designee, then it must be recommended for approval by the Public Utilities Board and approved by the City Council. (b) If the total value of the contract is equal to or greater than$100,000,the contract must be recommended for approval by the Public Utilities Board and approved by the City Council. 40 Fiscal Year 2023-2024 Rate Book 135 SCHEDULE PAF POLE ATTACHMENT FEE (Effective 10/01/20) APPLICATION This Rate is available to a licensee who desires to access designated poles or conduits owned by the City for the purpose of installing and maintaining their facilities and associated equipment to provide services to the public. An agreement between such entity and the City shall be executed separate from, but will reference,the following rate schedule: NET ANNUAL RATE (1) Annual Pole Attachment("APA") $15.57 per attachment plus; (2) On-Pole Conduit Rate $15.57 per linear foot plus; (3) In-Ground Conduit Rate Rate specified pursuant to Schedule SFR plus; (4) Riser Rate $160 per riser plus; (5) Miscellaneous Attachments $100 per miscellaneous attachment Note: Annual Rates (2) and (3) listed above are not available on all poles nor in all areas across the City. APPLICATION PROCESSING COSTS (1) Application Filing Fee(per submittal) $100 per application (2) Per pole cost(review&inspection) $25.00 per pole (3) Per pole cost(mileage) $5.00 per pole All application processing costs are non-refundable. If an application being processed is identified as inaccurate or with errors, the licensee will need to resubmit the application and pay the application filing fee again. MISCELLANEOUS (1) The City or City Contractor Performing Analysis $225 per pole 41 Fiscal Year 2023-2024 Rate Book 136 (2) Unauthorized Attachment Penalty $1,000 per attachment per pole (3) Undefined Work or Expense Rate pursuant to Schedule SFR MAKE READY COSTS Licensees will be required to pay for any work done or contracted by the City, including but not limited to make ready work and any installed, used or maintained facilities in violation of the Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay, for identified expenses as needed before any work will begin and shall include all reasonable fully loaded material (including any applicable overhead), labor, engineering, transportation and administrative costs. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. 42 Fiscal Year 2023-2024 Rate Book 137 SCHEDULE I3IF BANNER INSTALL FEE (Effective 10/01/20) APPLICATION Applicable to any person who has completed an application and received approval from the City to have a banner installed on facilities owned by the City for the purpose of marketing and publicizing community events shall be assessed a fee based on the following schedule: NET ANNUAL RATE Over the Street Banner Install $100.00 per banner Pole One Time Banner Install $15.00 per banner Pole Seasonal Banner Install $27.00 per banner TERMS AND CONDITIONS OF SERVICE Persons requesting the City install an Over the Street Banner must provide the City with a banner that is no more than three (3) feet tall by thirty-five (35) feet in length with six (6) feet of rope. All Over the Street Banners must be made out of mesh only (fish net type material). A sample of the banner material is recommended for approval. The City's Building Inspections Department requires an application and permit fee of sixty(60)dollars for installation of an Over the Street Banner which needs to be completed prior to contacting the City's electric utility. Persons requesting the City install a Pole Banner must provide the City's electric utility with a banner that is no more than thirty (30) inches tall by eighty (80) inches in length with openings of two (2) inches. Pole Banners are required to be made of weather beater or vinyl material only. The appropriate application for each type of banner must be completed prior to installation and returned to a representative of the City's Electric Operations and Maintenance Division along with applicable fees listed above, a digital image of the banner, and location requests. The City's electric utility will determine install locations depending on availability. Any banners that promote sponsors or advertisement are strictly prohibited. PAYMENT Payment is required to the City at the time the banners are given for installation. Permit fees, when applicable, are due to Building Inspections in order to reserve specific dates. 43 Fiscal Year 2023-2024 Rate Book 138 SCHEDULE WNA WIRELESS NODE ATTACHMENTS (Effective 10/01/20) APPLICATION This Rate is available to a licensee who desires to install and maintain their wireless nodes and associated equipment to provide services to the public. An agreement between such entity and the City shall be executed separate from,but will reference,the following rate schedule: NET ANNUAL RATE (1) Facility Charge $17.82 per node plus; (2) Usage Charge $0.0664 per kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA plus; (4) Transmission Cost Recovery Factor See Schedule TCRF METERED USAGE CHARGE Billing for the Metered Usage Charge shall be based on actual kWh consumption for each device once every twelve(12)months at the end of the fiscal year. Usage Charge= All kWh per device x Rate per kWh UNMETERED USAGE CHARGE Billing for the Unmetered Usage Charge shall be based on 1) kWh consumption from similarly installed metered equipment;or 2)technical information of installed equipment provided by licensee, if similar equipment is not already metered. This calculated consumption will be billed for each device once every twelve(12)months at the end of the fiscal year. Usage Charge= Annual kWh per device x Rate per kWh Annual Usage= 2,000 kWh per device per account (or calculated consumption based on technical information provided by licensee) MISCELLANEOUS (1) Unauthorized Attachment Penalty $1,000 per attachment 44 Fiscal Year 2023-2024 Rate Book 139 (2) Undefined Work or Expense Rate pursuant to Schedule SFR MAKE READY COSTS Licensees will be required to pay for any work done or contracted by the City, including but not limited to make ready work and any installed, used or maintained facilities in violation of the Agreement that the licensee has not corrected. The City will invoice licensee, and licensee must pay, for identified expenses as needed before any work will begin and shall include all reasonable fully loaded material (including any applicable overhead), labor, engineering, transportation and administrative costs. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. 45 Fiscal Year 2023-2024 Rate Book 140 SCHEDULE EVCR ELECTRIC VEHICLE CHARGING RATE (Effective 10/01/20) APPLICATION Applicable to vehicles that utilize charging services from City of Denton owned and operated Level 2 EV chargers. NET ANNUAL RATE (1) Usage Charge $0.04 per minute USAGE CHARGE Billing for the Usage Charge shall be based on actual charging time incurred. The billing service will be provided by a third-parry vendor Usage Charge= EV Charging duration x Rate per Minute 46 Fiscal Year 2023-2024 Rate Book 141 DISCONTINUED AS OF OCTOBER.1,2020 SCHEDULE RG RESIDENTIAL RENEWABLE ENERGY SERVICE RIDER APPLICATION Applicable to any Customer for all electric service used for residential purposes in an individual private dwelling or an individually metered apartment, supplied at one point of delivery and measured through one meter. This Rider is not applicable to resale service in any event, or to temporary, standby, or supplementary service. In light of additional costs associated with the Residential Renewable Energy Service Rider and to mitigate potential risk to ratepayers, any participant in the Residential Renewable Energy Service Rider must be, at the time this Rider is applied for and continuing while such Rider is in effect, a Customer in good standing of all City utilities, including solid waste services. Unless legal review procedures have been invoked in good faith regarding the obligation, a Customer in good standing for the purpose of this Rider is defined as a Customer not owing any unpaid utility or solid waste debt obligation that is over forty-five(45)days past due to the City during the previous twelve(12)months. NET MONTHLY RATE (1) Facility Charge Single-Phase $ 8.67/bill Three-Phase $17.33/bill plus; (2) Usage Charge Winter(Billing months of November through April): Tier 1: First 600 kWh 6.84¢/kWh Tier 2: All Additional kWh 4.55¢/kWh Summer(Billing months of May through October): Tier 1: All kWh 6.84¢/kWh plus; (3) Renewable Cost Adjustment Charge See Schedule RCA plus; (4) Transmission Cost Recovery Factor See Schedule TURF 47 Fiscal Year 2023-2024 Rate Book 142 DISCONTINUED AS OF OCTOBER 1,2020 SCHEDULE WK WEEKEND SERVICE APPLICATION Applicable to any commercial and industrial user whose maximum demand load occurs during the period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a demand load during the period from Sunday 12 midnight through Thursday 12 midnight that exceeds eighty percent(80%)of the maximum demand load. Customers who violate the eighty percent(80%) requirement more than four (4) times during the month, or more than twice on the same day of the week, during the months of June through September, are ineligible for service under this Rate for twelve(12)months. This Rate is not applicable to resale service in any event,or to temporary,standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Single-Phase $21.87/bill Three-Phase $27.34/bill plus; (2) Demand Charge $7.66/kW(First 20 kW not billed) plus; (3) Usage Charge Tier 1: First 2,500 kWh 8.50¢/kWh Tier 2: Next 3,500 kWh 4.46¢/kWh Tier 3:Additional kWh 3.28¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA plus; (5) Transmission Cost Recovery Factor See Schedule TCRF 48 Fiscal Year 2023-2024 Rate Book 143 DISCONTINUED AS OF OCTOBER 1,2020 SCHEDULE DDL DOWNTOWN DECORATIVE LIGHTING 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 $4.78/bill plus; (2) Energy Cost Adjustment (Current ECA per Schedule ECA) x (350 kWh per Customer) 49 Fiscal Year 2023-2024 Rate Book 144 DISCONTINUED AS OF OCTOBER 1,2020 SCHEDULE CGR COMMERCIAL RENEWABLE ENERGY SERVICE RIDER This Rider defines the manner by which commercial customers may purchase predetermined 1,000 kWh blocks of energy or one hundred percent (100%) of actual energy consumption from renewable resources by substituting the Renewable Cost Adjustment Charge (see Schedule RCA) in lieu of the Energy Cost Adjustment (see Schedule ECA) specified in their applicable rate schedule. APPLICATION This Rider is applicable to any non-residential customer receiving service under rate schedules GSS,GSM,GSL,G1,TGS,or WK at one point of delivery and measured through one meter. This Rider is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTULY RATE A Customer eligible for service under this Rider may elect to purchase renewable energy at the Renewable Cost Adjustment Charge,determined in accordance with Schedule RCA. Said Customer may elect to purchase 1,000 kWh blocks of energy at the RCA Rate, with the remainder of the 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 50 Fiscal Year 2023-2024 Rate Book 145 DISCONTINUED AS OF OCTOBER 1,2020 SCHEDULE IWG INDEPENDENT WHOLESALE GENERATOR APPLICATION The Independent Wholesale Generator (IWG) Rate is applicable to non-renewable generating installations of ten (10) MW or less interconnected to and operating in parallel with the City's distribution system, for the sole purpose of delivering the net output(gross output minus auxiliary load and step up transformer loses) of said generating installation to the Electric Reliability Council of Texas ("ERCOT")transmission grid for sale in the ERCOT wholesale power market. NET MONTHLY RATE The Customer shall be subject to special contract arrangements and the rate charges to the Customer shall consist of at a minimum, a monthly Facility Charge plus a monthly Distribution Delivery Charge and a monthly Distribution Line Loss Charge. Additional Service Charges may apply. These charges shall be calculated as follows: Facility Charge: The Customer shall pay the City a monthly Facility Charge sufficient to compensate the City for its investment in special facilities dedicated exclusively to providing the Customer service and/or that are necessary to ensure that the quality of service provided to other Customers is not adversely affected pursuant to the requirements of the SYSTEM MODIFICATION provisions set forth above. The minimum monthly Facility Charge shall be $69.06. Distribution Delivery Charge: The Customer shall pay the City a monthly distribution delivery charge equal to $2.06 times the Customer's delivery demand. The Customer's delivery demand shall be the greatest of the Customer's maximum 15 minute net capacity output as measured at the Customer's IWG site, the minimum billing kW shall be as established in the City's Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation, or 1,500 kW. Distribution Line Loss Charge: The Customer shall pay the City a monthly Distribution Line Loss Charge equal to the applicable monthly Energy Cost Adjustment ("ECA") Charge (see Schedule ECA)times monthly energy losses. Monthly energy losses shall be calculated as the metered monthly kilowatt-hour output of the Customer's IWG generating unit(s) as measured at the Customer's IWG site times five percent(5%). 51 Fiscal Year 2023-2024 Rate Book 146 MOVED TO TECH SERVICES SCHEDULE DFR DARK FIBER APPLICATION Service is available to any Customer to the extent there is any excess capacity respecting the City's fiber optic cable facilities, within the area served by the City's electric distribution system, for the purpose of point-to-point dark fiber optic cable connectivity intended for the transport of high-speed data. NET MONTHLY RATE (1) Fiber Mileage Charge $400 per fiber pair/mile,per month; and plus; (2) Building Presence Charge $180 per location,per month Total Fiber Rate $580 per fiber pair/mile,per month,per location TERM OF LEASE CONTRACT All dark fiber lease contracts shall be for a minimum term of five(5)years. 52 Fiscal Year 2023-2024 Rate Book 147 SECTION 2. The City Manager is hereby authorized to expend funds to authorize credits to Customers on their electric service bills and further to authorize cash incentives for the installation of photovoltaic systems in accordance with the form and type set forth in Schedule GIP, as the installation of energy efficient upgrades is in the best interest of the City, as such will reduce energy demand and consumption,reduce the peak load of the City's electric system, reduce emissions in the state, and promote energy conservation, which are all public purposes of the City. SECTION 3. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. This ordinance and the rates herein adopted shall become effective, charged, and applied to all electric services rendered by the City,and all energy usage by Customers of the City effective with the first billing issued on and after October 1, 2020; and a copy of said rates shall be maintained on file in the Office of the City Secretary of the City of Denton,Texas. SECTION 6. This ordinance shall be effective immediately upon its passage and approval. The motion to approve this ordinance was made by l ,u 0-n ,seconded by and was passed and approved by the following vote 7 pi: Aye Nay Abstain Absent Mayor Chris Watts: ✓ Gerard Hudspeth, District 1: V/ Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of S-tp )ORK , 2020. CHRIS WATTS, MAYOR 53 Fiscal Year 2023-2024 Rate Book 148 ti o ATTEST: ROSA RIOS, CITY SECRETARY BY: � Q APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTOVNEY BY: 54 Fiscal Year 2023-2024 Rate Book 149 RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/23) Units/Accounts eligible for Residential collection services accounts are defined as:A single-family detached dwelling unit, each unit of a duplex, triplex, or quadraplex, or any single unit or living space in which an individual or single family resides. Residential collection services are not available to residents of apartments, dormatories, or other multifamily housing units. Carts are collected weekly on a date and at a time assigned by the City of Denton. All refuse must be contained and secured within a plastic bag prior to deposit within the refuse cart and the lid must be fully closed. Recycling materials shall not be bagged when placed in the recycling cart and the lid must be fully closed..All carts must be placed at the curb by 7:00 a.m. on the scheduled collection day. Residential accounts are billed monthly. To receive any residential service, a resident shall contact Customer Service a minimum of one business day prior to their scheduled collection day. Residential Collection Services Within City Limits Monthly Rate 65 Gallon Refuse &Recycling Cart $20.51 95 Gallon Refuse &Recycling Cart $25.04 Additional Large Cart $16.57 Additional Recycling Cart(each cart in excess of 2) $15.00 Bag Outside Cart Fee—limit to no more than five (5)weekly,weighing no $5.00 more than 50 pounds each. Residential Collection Services Outside City Limits Monthly Rate 65 Gallon Refuse &Recycling Cart $30.69 95 Gallon Refuse & Recycling Cart $32.00 Additional Large Cart $16.57 Additional Recycling Cart(each cart in excess of 2) $15.00 Bag Outside Cart Fee-limit to no more than five (5)weekly,weighing no $5.00 more than 50 pounds each. Residential Service Fees Fee Bulk Waste Collection—per item, in excess of 2 items per collection $5.00 Items must be called in to receive this rate Brush Collection—per staff hour, in excess of 4 cubic yards $75.00 Appliances and Electronics Collection(per item) Dishwashers are not considered an appliance or an electronic device for the purposes of this $20.00 ordinance Residential Remodeling—per CY—(4 CY maximum)—this includes excess bulk at the curb in excess of what was called in. Waste in excess of 4 CY $25.00 must be placed in a cart or roll-off container(contracted through the City of Denton)to be collected. 2 Fiscal Year 2023-2024 Rate Book 150 ORDINANCE NO. 23-1736 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING THE RATES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICE;REPEALING ORDINANCE NO. 22-1855; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. The rates, fees, and charges for Solid Waste and Recycling collection services as established as follows: SOLID WASTE AND RECYCLING RATE SCHEDULES Residential Refuse and Recylcing Collection Services 2 Commercial Refuse and Recycling Collection Services 3 Processing and Disposal Services 4 Solid Waste and Recycling Services Definitions 6 1 Fiscal Year 2023-2024 Rate Book 151 Yard Waste Cart—per cart purchase $20.00 Cart change-out fee—for the next service day $50.00 3 Fiscal Year 2023-2024 Rate Book 152 COMMERCIAL REFUSE AND RECYCLING COLLECTION SERVICES (Effective 10/01/23) New commercial business development and redevelopment will be provided commercial refuse and recycling services as outlined in the Denton Development Code and Site Plan Criteria Manual. Persuant to the City of Denton Code of Ordiances, Chapter 24,the City of Denton is the exclusive provider of commercial refuse service in the City of Denton. Refuse and recyclables will be collected in city provided or city-approved containers only. Persuant to the City of Denton Code of Ordinances, Chapter 24, the City of Denton is a provider of commercial recycling service in the City of Denton. Operators may contract with any provider to collect,transport, and process their recyclable material. Only recyclable materials accepted by the City shall be deposited in the City's recycling containers. The owner/manager of all commercial businesses is responsible for notifying their employees/personnel of proper recycling procedures. Refuse& Recycling Rates Commercial Cart Service One Pair Refuse &Recycling Carts $33.25 Additional Refuse Cart $19.75 Additional Recycling Cart $15.00 Front Load and Side Load Refuse Service Ix Per 2x Per 3x Per 4x Per 5x Per 6x Per Size Week Week Week Week Week Week 3 CY $74.16 $148.32 $222.48 $296.64 $370.80 $444.96 4 CY $98.88 $197.76 $296.64 $395.52 $494.40 $593.28 6 CY $148.32 $296.64 $444.96 $593.28 $741.60 $889.92 8 CY 1 $197.76 1 $395.52 1 $593.28 1 $791.04 1 $988.80 1 $1,186.56 Front Load and Side Load Recycling Service Ix Per 2x Per 3x Per 4x Per 5x Per 6x Per Size Week Week Week Week Week Week 3 CY $63.78 $127.56 $191.34 $255.12 $318.90 $382.68 4 CY $85.04 $170.08 $255.12 $340.16 $425.20 $510.24 6 CY 1 $127.56 1 $255.12 1 $382.68 1 $510.24 $637.80 1 $765.36 8 CY $170.07 $340.14 $510.21 $680.28 $850.35 $1,020.42 4 Fiscal Year 2023-2024 Rate Book 153 Valet Shared Service Rates $24.70 Tier 1 —Offices and Residential Tier 2—Small Retail Stores and Bars (no food) $74.16 Tier 3—Large Retail Stores, Bars (with food), and Small Restaurants $148.75 Tier 4—Medium Sized Restaurants (limited service) $289.50 Tier 5—Large Sized Restaurants (full service) $460.00 Compactor Rates Front Load Compactor Service (Per CY) $74.16 30 Cubic Yard Self Contained Compactor $448.95 42 Cubic Yard Stationary Compactor $645.75 Container Service Fee (Each Haul) $275.00 Roll-Off Container Rates Container Rental (Monthly) $167.08 Container Service Fee(Each Haul) $275.00 Commercial Organics Collection Service Monthly Service Fee (3 CY 1 x week) $374.13 Extra Empty $240.00 Commercial Service Fees DeliveryRelocation•Inaccessible•Extra Empty-Exchange $75.00 Same Day Service Fee $50.00 Dumpster Lock Installation (one-time fee) $20.00 Temporary Container Service Rental Fee Per Month $80.00 Temporary Container Service Per Empty Fee $120.00 Damaged Containers Re 1. Cost Bulk Waste Collection—Trip Fee $20.00 Bulk Waste Collection—Per Item Collection Fee $5.00 Yard Waste Service—Per Staff Hour(with a 15 minute minimum $75.00/hour charge) 5 Fiscal Year 2023-2024 Rate Book 154 PROCESSING AND DISPOSAL SERVICES (Effective 10/01/23) Landfill Rates (per ton) Per Ton Gate Rate (City of Denton Residents/Businesses) $44.00 Gate Rate (Non-Denton Residents/Businesses) $48.00 City Hauled Disposal Rate (Open Top & Compactors) $40.00 City of Denton Department Rate $24.50 Sludge, Dewatered $60.00 Clean Concrete $22.00 Special Waste (must be pre-approved by City of Denton) Varies Minimum Charge (per load) $2500 After Hour Fee $120.00 (First)Unsecured Loads $25.00 (Subsequent)Unsecured Loads 30.00 Electronics per item $10.00 Appliances per item $10.00 RFlD Replacement Card $25.00 Weight Ticket Rate (Non-City of Denton vehicle) $5.00 Live Load fee—Minimum 15-minute charge (per hour) $75.00 Construction& Demolition(Resident&Nonresident) (per ton) $65.00 Shingles Rate (per ton) $125.00 Cubic Yardage Rates (in event of scale outage) Uncompacted MSW(per CY) $7.50 Compacted MSW (per CY) $14.50 Brush and Green Waste Per Ton City of Denton Customer-Unbagged grass, leaves, and brush< 12'- $30.00 bagged material is not accepted Brush> 12' $35.00 Non-City of Denton Customer-Brush Rate $40.00 6 Fiscal Year 2023-2024 Rate Book 155 SOLID WASTE AND RECYCLING SERVICES DEFINITIONS AND ADDITIONAL DETAILS (Effective 10/01/23) Household Hazardous Waste Residential and multi-family household chemicals should not be placed in refuse or recycling containers. These waste materials include pesticides, herbicides, cleaning chemicals, paints, oils, etc. Residents shall contact Customer Service to schedule curbside collection. The chemicals should be kept in their original containers and placed where requested by the Customer Service staff. Residents may also dispose of household hazardous waste at the City's Home Chemical Center located at 1527 S.Mayhill Rd. during operational hours. Household hazardous waste may not be left for disposal while the facility is closed or unattended Residential Brush Collection 4 cubic yards of brush will be collected at no charge by contacting Customer Service to schedule a collection. Accumulations in excess of 4 cubic yards will be assessed a collection fee equivalent to the hourly labor and equipment cost to collect the material. The collection fee will be assessed in 15-minute increments with a minimum charge of 15 minute. Electronic Equipment Televisions, monitors, video displays, laptops, similar electronic devices, and certain appliances containing CRT, LED, LCD, plasma, and other electronic displays will be charged fees for the collection,processing,recycling,and disposal of these items. Dishwashers are not included within this definition. Residential Remodeling Residential remodeling materials include, but are not limited to; lumber, brick, fencing, drywall, and other construction materials. No materials shall exceed 8 feet in length. If the customer has over 4 cubic yards of remodeling materials for collection,the customer is required to utilize a City refuse container of adequate size to contain the materials and maintain a collection service frequency of at least once per month. Special Event—Clearstream Services Clearstream containers are available for special events at no charge. they can be picked up and returned by the customer to the Solid Waste & Recycling administration office located at 1527 S. Mayhill Rd. 7 Fiscal Year 2023-2024 Rate Book 156 Commercial Cart Collections In areas where commercial cart collection service is available, small quantity waste generators may contract for weekly cart service. All refuse must be placed in the cart, and the cart set out for collection no later than 7:00 a.m. on the scheduled collection day. Commercial Delivery/Relocation/Inaccessible/Exchange Fee/Extra Service A fee will be charged for container delivery, relocation, inaccessibility, exchange, or extra collection services. Shared Commercial Services The Director of Solid Waste may designate certain commercial containers as shared containers for use by multiple commercial customers. Shared container rates include a range of costs. The rate assigned may vary and fluctuate according to waste and recycling volumes and frequency of service. Commercial Bulky Waste Collection Commercial bulky waste is bulk material (furniture, mattresses, etc.)placed outside the dumpster or roll-off container sited at a commercial account holder's service location. Bulk waste set for disposal at commercial businesses may be collected by the City of Denton if the property owner, business owners, and/or account holder schedules a collection. A trip charge and per item fee is assessed for all collections. Commercial Service Requirements Equipment Uses-All equipment furnished by the City shall at all times be considered the property of the City, and not private property. Customers shall not modify the equipment or use it for any purpose other than as set forth herein.The City shall repair,as necessary,the equipment furnished. The customer, however, agrees to be solely responsible for any damages to or loss of equipment resulting from any negligent acts or misuse by the customer, customer's agents, employees, or invitees. The City may temporarily replace the size and/or type of equipment contracted with one or more pieces of equipment of equivalent capacity for the purposes of repairing the equipment. Customer agrees that the equipment is in the customer's care, custody, and control at all times. Gate Rate All persons delivering material to the City of Denton Landfill are subject to a fee for the disposal or beneficial reuse of said material. City of Denton residents and businesses qualify for the City gate rate by providing proof of residency. Clean mixed paper, cardboard, steel and aluminum cans, glass bottles, and plastics#1-7 delivered to the recycling facility exclusively for recycling are not assessed a fee. 8 Fiscal Year 2023-2024 Rate Book 157 Special Wastes Acceptance of special waste is subject to Federal and State laws and regulations. The City of Denton has the right to refuse to accept or collect special waste at its discretion. Charges for the collection and disposal of special waste, approved by the Director of Solid Waste and Recycling, will be established based on the type of special waste,the regulatory requirements, and the cost of service for collection and disposal of the waste. Unsecured Loads In compliance with Texas Transportation Code, Title 7, Chapter 725,Sec.725.021(c)., solid waste loads that are not adequately secured/tarped to prevent the material from spilling will be charged an Unsecured Load Fee and be provided a tarp and four bungie cords for the first time. Each Subsequent Load will assess an additional charge. Radio Frequency Identification (RFID)Replacement Card All 3rd parry contracted haulers utilizing the unattended lane at the City of Denton Landfill are issued an RFID card. The first card will be provided by the City; however, if a replacement card is required, a fee will be assessed to issue a new card The State of Texas assesses a landfill surcharge (30 Texas Administrative Code 330.602), the surcharge is a pass-through charge collected on behalf of the State of Texas. Any additional assessment or fees established by a governmental entity will be added to the disposal rates and assessed on all waste delivered to the landfill. Contracted Commercial Disposal Rates The Denton City Council may, at its sole discretion, approve service contracts with commercial waste haulers for disposal services at the City of Denton's landfill facility located at 1527 S. Mayhill Rd. Miscellaneous Any fees or charges established by an authorized governmental entity and applicable to the customer or the services of the customer will be a pass-through fee to the customer and added to the monthly rate stated hereinabove. Indemnification and Hold Harmless Customer shall defend,indemnify and hold the City harmless from any and all claims at the service location, and any and all claims made by any other person having an interest in the property situated at the service location, for any loss, damage, or deterioration of the pavement, surface, subsurface materials, or similar facilities at the service location by reason of use thereof by the City's trucks that are used to service the equipment. Customer further agrees to release,indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of 9 Fiscal Year 2023-2024 Rate Book 158 damages related to the furnishing of solid waste and recycling services performed by the City in servicing single- and multi-family living facilities as well as commercial entities. SECTION 2. The Director of Solid Waste and Recycling of the City of Denton, or designee, is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non-compliance with verbal and written instructions provided to the customer by Solid Waste and Recycling Department personnel at the landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non-compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any violation of the written landfill rules by the customer as posted by the Solid Waste and Recycling Department at the entrances to the landfill, from time to time. SECTION 3. It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste and Recycling services. SECTION 4. Ordinance 22-1855 is hereby repealed. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. This ordinance shall become effective,charged,and applied to all solid waste and recycling services rendered by the City of Denton on and after October 1,2023; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. The motion to approve this Ordinance was made by C ti s t_t�H s and seconded by Tyr,,_ ; the Ordinance was passed and approved by the following vote L.L_- Aye Nay Abstain Absent Mayor Gerard Hudspeth: ✓ Vicki Byrd,District 1: ✓ 10 Fiscal Year 2023-2024 Rate Book 159 Brian Beck,District 2: Paul Meltzer,District 3: t/ Joe Holland,District 4: y Brandon Chase McGee,At Large Place 5: Chris Watts,At Large Place 6: PASSED and APPROVED this oZ(-, day of&96%1*� 2023. GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR,CITY SECRETARY ``,1111111/��j' FNT0 i.0 BY: U: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY e• Digitally signed by .��FN'••••••''��'�`�� Susan Susan Keller Ke I I e r Date:2023.08.08 BY: 14:36:48-05'00' 11 Fiscal Year 2023-2024 Rate Book 160 ORDINANCE NO. 23-1741 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING THE RATES AND FEES FOR WATER AND WATER SERVICE; REPEALING ORDINANCE NO. 22-1856; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Rate Schedules for water service as provided for in Section 26-127 of Chapter 26 of the Code of Ordinances are established as follows: `'WATER !:ATE 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 WD Water Demand 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 Fiscal Year 2023-2024 Rate Book 161 SCHEDULE WR RESIDENTIAL WATER SERVICE (Effective 10/01/23) APPLICATION Applicable for single-family residential service and individually metered apartments, mobile homes, and multi-family facilities with less than four units, with wastewater service and located within the corporate limits of the City of Denton,Texas. (WR) Applicable for single-family residential service, and individually metered apartments, mobile homes, and multi-family facilities with less than four units, with or without wastewater service and located outside the corporate limits of the City of Denton,Texas. (WRO) Applicable to a location inside the corporate limits of the City of Denton, Texas where the metered water is used for domestic purposes and is not returned to the wastewater system for collection and treatment. (WRN) Applicable to a location outside the corporate limits of the City of Denton, Texas where the metered water is used for domestic purposes and is not returned to the wastewater system for collection and treatment. (WRNO) Applicable within the corporate limits of the City of Denton, Texas where the metered water is used for landscape irrigation purposes and is not returned to the wastewater system for collection and treatment. («RI) Applicable outside the corporate limits of the City of Denton, Texas where metered water is used for landscape irrigation purposes and is not returned to the wastewater system for collection and treatment. (W 1 CIO) Not applicable to resale, temporary, standby, or supplementary service except as otherwise expressly provided for in this ordinance. MONTHLY RATE ON7R)— RESIDENTIAL WATER SERVICE AND MONTHLY RATE (�NJZN)— METERED WATER NOT RETURNED TO WASTEWATER SYSTEM FOR COLLECTION AND TREATMENT (1) Facility Charge Per Bill 3/4 inch Meter $15.84 1 inch Meter $20.59 1-1/2 inch Meter $26.93 2 inch Meter $34.06 (2) Volume Charge RATE BLOCK PER 30 DAYS Rate Per 1,000 Gallons 2 Fiscal Year 2023-2024 Rate Book 162 0-5,000 gals $3.63 5,001-7,000 gals $3.90 7,001-15,000 gals $4.05 15,001-30,000 gals $7.25 30,001-50,000 gals $9.68 Over 50,000 gals $12.04 MONTHLY RATES (WRO)& (WRNO)— WATER SERVICE OUTSIDE CORPORATE LIMITS MONTHLY RATE (1) Facility Charge Per Bill 3/4 inch Meter $18.40 1 inch Meter $23.90 1-1/2 inch Meter $31.30 2 inch Meter $39.55 (2) Volume Charge RATE BLOCK PER 30 DAYS Rate Per 1,000 Gallons 0-5,000 gals $4.18 5,001-7,000 gals $4.49 7,001-15,000 gals $4.66 15,001-30,000 gals $8.34 30,001-50,000 gals $11.13 Over 50,000 gals $13.85 MONTHLY RATES (WRI)—METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facilijy Charge Per Bill 3/4 inch Meter $15.84 1 inch Meter $20.59 1-1/2 inch Meter $26.93 2 inch Meter $34.06 (2) Volume Charge RATE BLOCK PER 30 DAYS Rate Per 1,000 Gallons 0-5,000 gals $3.63 5,001-7,000 gals $3.90 7,001-15,000 gals $4.05 15,001-30,000 gals $7.25 30,001-50,000 gals $9.68 Over 50,000 gals $12.04 3 Fiscal Year 2023-2024 Rate Book 163 MONTHLY RATES (WRIO)— METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4 inch Meter $18.40 1 inch Meter $23.90 1-1/2 inch Meter $31.30 2 inch Meter $39.55 (2) Volume Charge RATE BLOCK PER 30 DAYS Rate Per 1,000 Gallons 0-5,000 gals $4.18 5,001-7,000 gals $4.49 7,001-15,000 gals $4.66 15,001-30,000 gals $8.34 30,001-50,000 gals $11.13 Over 50,000 gals $13.85 MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. PAYMENT In accordance with Section 26-9(a) of the City of Denton Code of ordinances, bills are due when rendered,and become past due if not paid within fifteen(15)calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. VOLUME CHARGE Billing for water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons in rate block 4 rate per 1,000 gal, in rate block 1,000 gallons 4 Fiscal Year 2023-2024 Rate Book 164 RETAIL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS PURSUANT TO THE CURRENT CITY OF DENTON DROUGHT CONTINGENCY PLAN Under Stage 2 drought conditions,residential customers shall be charged a 10%rate increase for water usage greater than 15,000 gallons per account per thirty(30)days. Under Stage 3 drought conditions,residential customers shall be charged a 20%rate increase for water usage greater than 15,000 gallons per account per thirty (30)days. 5 Fiscal Year 2023-2024 Rate Book 165 SC t I EDULE WC COMMERCIAL/INDUSTRIAL WATER SERVICE RATE (Effective 10/01/23) APPLICATION Applicable for 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. ('+�CI) 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. («'CIO) Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except as otherwise expressly provided for in this ordinance.. MONTHLY RATE(WC)and(WCN) (1) Facility Charge Per Bill 3/4 inch Meter $22.37 1 inch Meter $31.68 1-1/2 inch Meter $38.31 2 inch Meter $50.99 3 inch Meter $109.30 4 inch Meter $216.71 6 inch Meter $296.21 8 inch Meter $415.01 10 inch Meter $594.00 (2) Volume Charge $4.34 per 1,000 gallons 6 Fiscal Year 2023-2024 Rate Book 166 MONTHLY RATE(V''CO)— OUTSIDE CORPORATE LIMITS (1) Facility Charge Per Bill 3/4 inch Meter $26.00 1 inch Meter $36.80 1-1/2 inch Meter $44.50 2 inch Meter $59.25 3 inch Meter $126.95 4 inch Meter $251.75 6 inch Meter $344.10 8 inch Meter $482.10 10 inch Meter $690.00 (2) Volume Charge $5.10 per 1,000 gallons MONTHLY RATE(WCI)-IRRIGATION (1) Facili --harge Per Bill 3/4 inch Meter $22.37 1 inch Meter $31.68 1-1/2 in.h Meter $38.31 2 inch Meter $50.99 3 inch Meter $109.30 4 inch Meter $216.71 6 inch Meter $296.21 8 inch Meter $415.01 10 inch Meter $594.00 (2) Volume Charge Rate Per 1,000 Gallons $5.75 MONTHLY RATE(WCIO)-RUWATION (1) Facility Charge Per Bill 3/4 inch Meter $26.00 1 inch Meter $36.80 1-1/2 i ich Meter $44.50 2 inch Meter $59.25 3 inch Meter $126.95 4 inch Meter $251.75 6 inch Meter $344.10 8 inch Meter $482.10 10 inch Meter $690.00 (2) Volume Charge Rate Per 1.000 Gallons 6.61 7 Fiscal Year 2023-2024 Rate Book 167 MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a 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 d Rate per 1,000 gallons 1,000 COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS PURSUANT TO THE CURRENT CITY OF DENTON DROUGHT CONTINGENCY PLAN. Under Stage 2 drought conditions,Commercial/Industrial customers shall be charged a 10%surcharge penalty for water usage above 80%of prior billing volumes per account per thirty(30)days. Under Stage 3 drought conditions, Commercial/Industrial customers shall be charged a 20%surcharge penalty for water usage above 70%of prior billing volumes per account per thirty(30)days. 8 Fiscal Year 2023-2024 Rate Book 168 SCHEDULE WFH METERED WATER FROM FIRE HYDRANT (Effective 10/01/23) 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 firefighting. Customers must complete,sign, and agree to all terms and conditions stated in the"Fire Hydrant Meter Use Agreement." DEPOSIT $1,100 per meter User shall place a deposit each time a City's hydrant meter(s)is requested. The deposit will be returned when meter is returned and final bill is paid. NET RATE Volume Charge $5.07 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 3`d 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 $110.63 per bill PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. COMMERCIAL/INDUSTRIAL WATER RATES UNDER DROUGHT CONTINGENCY PLAN CONDITIONS - PURSUANT TO THE CURRENT CITY OF DENTON DROUGHT CONTINGENCY PLAN. Under Stage 2 and Stage 3 drought conditions, use of water from fire hydrants limited to fire fighting, essential distribution system maintenance, and related activities. All other water use from fire hydrants will be by special permit only. 9 Fiscal Year 2023-2024 Rate Book 169 SCHEDULE WW WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/23) APPLICATION Applicable to all wholesale treated water sales from the City of Denton, Texas to the Upper Trinity Regional Water District(UTRWD) Not applicable for temporary, standby,or supplementary service. MONTHLY CHARGES The monthly charge for service shall be expressed as a facility charge,a volume price per 1,000 gallons and a demand price per million gallons per day(MGD)of demand. (WW2/WW3) (1) Facility Charge $288.72 per bill (2) Water Volume Rate $0.61 per 1,000 gallons (WD2/WD3) (3) Subscribed Demand Rate $667,879 per MGD (Annual) 12 (Paid Monthly) *Full Payment of Annual Water Demand Adjustments: As determined in the last month of each fiscal year (September), if any outstanding or unpaid annual water demand adjustment charges exist, they shall be included in their entirety on the monthly billing for the following month of October. Water demand adjustment charges shall be billed and payable in full, in accordance with the bill payment delinquency provisions provided for below. MINIMUM BILLING The minimum monthly billing amount 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. If at any time 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, annual water demand charges will be retroactively adjusted up beginning in June for each water year. 10 Fiscal Year 2023-2024 Rate Book 170 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 Fiscal Year 2023-2024 Rate Book 171 SCHEDULE WRW WHOLESALE RAW WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/23) 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: $.90083 per 1,000 gallons PAYMENT Bills shall be due and payable within twenty(20)calendar days of the date a bill is rendered. BILL PAYMENT DELINQUENCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due,from the date when due until paid, if not paid within twenty (20)calendar days of the date a bill for service is rendered. 12 Fiscal Year 2023-2024 Rate Book 172 SCHEDULE WCL WHOLESALE RAW WATER PASS-THROUGH TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (Effective 10/01/23) 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: $0.0311 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 Fiscal Year 2023-2024 Rate Book 173 WATER TAP AND METER FEES (Effective 10/01/23) APPLICATION This schedule applies to the installation,removal,or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm,association or corporation. TAP AND METER FEES Any person, association of persons, or corporation that requests that a water main tap, water meter or water meter loop,be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: WATER TAPS WITH METER All taps and meters listed in this section include the installation of a water main tap, a service line from the main to the water meter,the meter box, and water meter. Water impact fees are not included. For situations where portions of this installation requires a pavement cut and repair or the water service line must be bored under the street, the Paved Street fee shall apply. For installations that require a full concrete panel section of pavement to be removed and replaced, or that require a meter larger than 2 inches, the Water Utility Department will provide a special price quotation(see "fees for installations not listed"section). Tap Meter Paved Street Unpaved Street 1 inch 5/8 inch x 3/4 inch $2,405.00 $1,605.00 1 inch 3/4 inch x 3/4 inch $2,445.00 $1,645.00 1 inch 1 inch $2,475.00 $1,675.00 2 inch 1-1/2 inch $3,070.00 $2,070.00 2 inch 2 inch $3,080.00 $2,080.00 WATER METER FEES This section applies where there is an existing water tap and service line of sufficient size to install a water meter. Situations include water meter installations for new developments and existing properties requesting a larger water meter with an existing adequately sized water tap and service line. Fees include installation and setup of a new water meter and a new water meter box (if required). Water impact fees are not included. For a meter larger than 2 inches, the Water Utility Department will provide a special price quotation(see"fees for installations not listed"section). Size of Meter 5/8 inch x 3/4 inch $305.00 3/4 inch x 3/4 inch $345.00 14 Fiscal Year 2023-2024 Rate Book 174 I inch $375.00 1-1/2 inch $670.00 2 inch $680.00 WATER METER RELOCATIONS This section applies for relocations for existing water meters to remove them from conflicts with driveways,sidewalks and other surface obstructions. This standard fee covers relocation of the meter box and water meter and water service line up to 10 feet and does not include pavement removal or replacement. For distances longer than 10 feet, the Water Utility Department will provide a special price quotation in increments of 10 feet(see"fees for installations not listed"section). Size of Meter Relocation of 10 Feet or Less 3/4 inch $285.00 1 inch $285.00 1-1/2 inch $340.00 2 inch $390.00 WATER LINE TAPS This section applies to the installation of all water main taps for extension of water mains, larger than 2 inch diameter service lines,and fire lines, including,but not limited to,fire sprinkler lines. The fees include the tapping sleeve and isolation gate valve, the installation of the tap, and the removal and restoration of the pavement for the water tap installation only. The contractor is responsible for installing the mainline extensions,service lines, and fire lines from the tapping sleeve isolation valve. For tap installations impacting concrete pavement that require a full concrete panel section to be removed and replaced, the Water Utility Department will provide a special price quotation. If requested, the Water Utility Department can offer to make a short extension of the main or service line to the back side of the adjacent street curb line or street right of way line based upon a special price quotation(see"fees for installations not listed"section). Size of Tap Paved Street Unpaved Street 4 inch $3,600.00 $2,100.00 6 inch $3,800.00 $2,200.00 8 inch $4,800.00 $3,100.00 12 inch $5,500.00 $4,000.00 FEES FOR INSTALLATIONS NOT LISTED For the installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in advance based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. 15 Fiscal Year 2023-2024 Rate Book 175 FIRE HYDRANT INSTALLATION (Effective 10/01/23) APPLICATION This schedule applies to the installation,removal,or relocation of fire hydrants by the City of Denton Utility Department at the request of a person, firm,association or corporation. FIRE HYDRANT INSTALLATION FEES Any person, association of persons, or corporation that requests that a fire hydrant be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Fire Hydrant Installation Paved Street Unpaved Street Installation Fee $6,200.00 $4,300.00 FEES FOR INSTALLATIONS NOT LISTED For the installation of a fire hydrant for which a fee is not specified,the requestor shall pay in advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as determined by the Utility Department,plus a 20%administrative fee. 16 Fiscal Year 2023-2024 Rate Book 176 WATER LABORATORY TESTING FEES (Effective 10/01/23) APPLICATION Applicable to all customers and entities requesting testing and analysis services from the City of Denton Water/Wastewater Laboratory RATE Fee Description Fee Per Test Colilert(P/A), (Total Coliform,E.coli) $20.00 Colilert Quantitray(MPH (Total Coliform,E. coli) $25.00 Colilert Quantitray(MPN), (Fecal Coliform) $25.00 Heterotrophic Plate Counts (UPC) $25.00 Records Search—per hour $25.00/hour The testing and analysis fees are established to recover the cost of testing water and wastewater samples. MINIMUM BILLING The minimum amount that may be billed shall be as follows: $20.00-Testing $25.00-Records Search PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 17 Fiscal Year 2023-2024 Rate Book 177 SPECIAL FACILITIES RIDER (Effective 10/01/23) (1) All service shall be offered from available facilities. If a Customer service request for a special or unusual service not otherwise provided for by the water rate ordinance, and/or requires facilities or devices which are not normally and readily available at the location at which the Customer requests the service, then the City shall provide the service subject to the requirements of paragraphs 2 and 3 of this Rider. (2) The total cost of all facilities required to meet the Customer's special or unusual requirements, which are incurred by the City in connection with rendering the service shall be subject to a contract entered into between the City and the Customer. This contract shall be signed by both parties prior to the City providing the requested service to the Customer. (3) Any contract under this rider is subject to the following approvals: (a) If the total value of the contract is less than $100,000, the contract may be approved by the City Manager, or his designee. If a contract under this subsection is not approved by the City Manager, or his designee, then it must be recommended for approval by the Public Utilities Board and approved by the City Council. (b) If the total value of the contract is equal to or greater than$100,000,the contract must be recommended for approval by the Public Utilities Board and approved by the City Council. 18 Fiscal Year 2023-2024 Rate Book 178 SECTION 2. Ordinance 22-1856 is hereby repealed as of the effective date of this ordinance. SECTION 3. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms 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 4. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. The Schedule of Rates herein adopted shall be effective, charged and applied to all water consumption occurring on and after October 1, 2023; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. The motion to approve this Ordinance was made by and seconded by i k �-m 1�..e-V ; the Ordinance was passed and approved by the following vote [ - : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd,District 1: ✓ Brian Beck,District 2: Paul Meltzer,District 3: ✓ Joe Holland,District 4: Brandon Chase McGee,At Large Place 5: ✓ Chris Watts,At Large Place 6: 19 Fiscal Year 2023-2024 Rate Book 179 PASSED AND APPROVED this the 2.. " day of Sr 0 tcr,' 1 2023. GERARD HUDSPETH,MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY ``````o F jD ENT'''' ' A, a By: _ • • * _ APPROVED AS TO LEGAL FORM: "��ii��0��:��,` MACK REINWAND, CITY ATTORNEY Susan Digitally signed by Susan Keller Keller Date:2023.09.06 By: 08:38:54-05'00' 20 Fiscal Year 2023-2024 Rate Book 180 ORDINANCE NO.23-1742 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING THE SCHEDULE OF RATES AND FEES FOR WASTEWATER SERVICE;REPEALING ORDINANCE NO. 22- 1857; PROVIDING A REPEALER; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Rate Schedules for wastewater service as provided for in Chapter 26 of the Code of Ordinances are established as follows: WASTEWATER RATE SCHEDULES SR Residential Wastewater Service 3 SMH Mobile Home Park Wastewater Service 6 SC Commercial and Industrial Wastewater Service 9 SCD Commercial/Industrial Wastewater Service Which Measures With 13 Dedicated Water Meters(Sub-meters); Water For Wastewater Billing SCS Commercial/Industrial Wastewater Service Which Measures With 15 Dedicated Water Meters(Sub-meters); Water Excluded From Wastewater Billing SCH Septage&Chemical Toilet Disposal at the Pecan Creek Water 17 Reclamation Plant Septage Transfer Station SEE Equipment Services Facilities and Restaurants &Food 19 Service Establishments Wastewater Service SM Metered Wastewater Inside and Outside Corporate Limits 22 SGE Sale of Treated Wastewater Effluent 24 SSC Wholesale Wastewater Treatment Service for a 26 Governmental Agency,Division or Subdivision CWM DYNO Dirt Products 28 ST Wastewater Tap and Manhole Fees 30 STE Treated Effluent Wastewater Tap Fees 31 1 Fiscal Year 2023-2024 Rate Book 181 OSSF On-Site Sewage Facility Permit Fees 32 SAT Collection and Transportation Services Permit 34 SD Storm Drainage Fees 36 SDI Stormwater Reinspection Fee 38 Special Facilities Rider 39 OTHER TERMS AND ACRONYMS USED IN RATE SCHEDULES: Categorical User: An industrial user subject to pollutant discharge limits promulgated by EPA in accordance with Sections 307(b)and(c)of the Act(33 U.S.C.section 1317)that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 2 Fiscal Year 2023-2024 Rate Book 182 SCHEDULE SR RESIDENTIAL WASTEWATER SERVICE (Effective 10/01/23) APPLICATION Applicable for single-family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four (4) units with or without City of Denton, Texas water service. Not applicable for sub-billing or other similar user. MONTHLY RATES (SR)—INSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $12.21/bill (2) Volume Charge $4.22/1,000 gallons effluent MONTHLY RATES (SRO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $14.15/bill (2) Volume Charge $4.88/1,000 gallons effluent Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current winter Average Daily Usage, established annually during the previous billing months of December through February, and based upon 100% of actual water consumption during those months. The average daily usage may be calculated using as few as two months where using three months is not feasible or is not an accurate reflection of use (for example, usage was greater one month due to a leak). The Average Daily Usage thus calculated establishes the wastewater volume charge for each subsequent month, through the following February. The calculated wastewater billed volumes will be capped at a maximum of 18,000 gallons/bill. For customers without an established winter Average Daily Usage water consumption billing history derived from the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at 100%of 5,400 gallons. MINIMUM BILLING-WITH CITY OF DENTON WATER SERVICE The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. VOLUME CHARGE-WITH CITY OF DENTON WATER SERVICE With a current Average Daily Usage, billings from March through February of the following year shall be based on the average daily usage calculated using the following formula: 3 Fiscal Year 2023-2024 Rate Book 183 Current Average Daily Usage x Rate per 1,000 gallons 1,000 For customers without an established current Average Daily Usage, billings shall be based on 100% of 5,400 gallons. 5,400 Gallons x Rate per 1,000 gallons 1,000 PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a 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 $12.21/bill $14.15/bill (2) Volume Charge $4.22/1,000 gals $4.88/1,000 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 minimum amount that may be billed shall be in the amount of the applicable 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. 4 Fiscal Year 2023-2024 Rate Book 184 PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. 5 Fiscal Year 2023-2024 Rate Book 185 SCHEDULE SMH MOBILE HOME PARK WASTEWATER SERVICE (Effective 10/01/23) 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 similar utility billing by service user. MONTHLY RATE(SMHI-WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $29.42bill (2) Volume Charge $4.22/1,000 gallons effluent MONTHLY RATE (SMHO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $33.86/bill (2) Volume Charge $4.88/1,000 gallons effluent Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current winter Average Daily Usage, established annually during the previous billing months of December through February, and based upon 100% of actual water consumption during those months. The average daily usage may be calculated using as few as two months where using three months is not feasible or is not an accurate reflection of use (for example, usage was greater one month due to a leak). The Average Daily Usage thus calculated establishes the wastewater Volume Charge for each subsequent month, through the following February. The calculated wastewater billed volumes will be capped at a maximum of 18,000 gallons/bill. For customers without an established winter Average Daily Usage water consumption billing history derived from the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at the established billable volume (5,000 gallons per month per mobile home) for mobile home park customers not receiving water service. 6 Fiscal Year 2023-2024 Rate Book 186 MINIMUM BILLING-WITH CITY OF DENTON WATER SERVICE The minimum amount that may be billed shall be in the amount of the applicable 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 Rate per 1,000 gallons 1,000 For customers without an established winter Average Daily Usage, billings shall be based on the established billable volume of 5,000 gallons per mobile home per month. Established Billable Volume x Rate per 1,000 gallons x Number of Mobile Homes 1,000 PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a 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 $29.42/bill $33.86/bill (2) Volume Charge $4.22/1,000 gals $4.88/1,000 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 minimum amount that may be billed shall be in the amount of the applicable Facility Charge plus five-thousand(5,000)gallons of wastewater per mobile home 7 Fiscal Year 2023-2024 Rate Book 187 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 in a manner determined by the City where . 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 date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. 8 Fiscal Year 2023-2024 Rate Book 188 SCHEDULE SC COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE (Effective 10/01/23) 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 and apartment buildings or complexes (that are not individually metered), or other commercial and industrial users, including other users that are a source of non- domestic discharge. MONTHLY RATE(SC)-WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $29.42/bill (2) Volume Charge $5.38/1,000 gallons effluent Billing based on ninety-five(95%)percent of monthly water consumption. In addition to the monthly rate,the following charges shall also be assessed(as applicable): PRETREATMENT/PROGRAM CHARGES (SCA) (1)Categorical Customer $444.00/bill (SCB) (2)Non-categorical Customer $ 55.50/bill SAMPLING AND ANALYSIS CHARGES (1) Sampling charge per sample site(each) $60.00 (2) Analysis charge(per test) Actual cost per test (3) Violation demand sampling charge per sample site: Four-Part Grab$170.00/each First Day of Composite Sampling$110.00 Additional Day Composite Sampling$50.00/each 9 Fiscal Year 2023-2024 Rate Book 189 MONTHLY RATE (SCO) — OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $33.86/bill (2) Volume Charge $6.11/1,000 gallons effluent Billing based on ninety-five(95%)percent of monthly water consumption. MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the current billing period. Formula: Water volume x .95 x Rate per 1,000 gallons 1,000 COMMERCIAL AND INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial services, there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand(BOD) $0.42 per pound of Total Suspended Solids (TSS) Cu=Vu x .00834([Bu-250] B + [Su-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. .00834 is the conversion factor Bu is the tested BOD level for user X or 250 mg/1,whichever is greater. B is the unit cost factor for treating one pound of BOD Su is the tested TSS level for user X or 250 mg/l,whichever is greater. S is the unit cost factor for treating one pound of TSS 10 Fiscal Year 2023-2024 Rate Book 190 MONTHLY RATE(SCNI/SCNO)-WITHOUT CITY OF DENTON WATER SERVICE SCNI SCNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $29.42/bill $33.86/bill (2) Volume Charge $5.38/1,000 gals $6.11/1,000 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 The minimum amount that may be billed shall be in the following amounts: (1) Facility Charge plus the cost of 5,000 gallons wastewater per unit receiving wastewater service. or (2) Facility Charge plus other commercial or industrial user estimated monthly wastewater volume if greater than 5,000 gallons. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the current billing period. Formula: Minimum wastewater volume x Rate per 1,000 gallons 1,000 In addition to the monthly rate,the following charges shall also be assessed(as applicable): PRETREATMENT/PROGRAM CHARGES (As applicable) (SCOA) (1) Categorical Customer $444.00/bill (SCOB)(2) Non-categorical Customer $55.50/bill 11 Fiscal Year 2023-2024 Rate Book 191 SAMPLING AND ANALYSIS CHARGES (As applicable) (1) Sampling charge per sample site(each) $60.00 (2) Analysis charge(per test) Actual cost per test (3)Violation demand sampling charge per sample site: Four-Part Grab$170.00/each sample First Day of Composite Sampling$110.00 Additional Day Composite Sampling$50.00/each sample COMMERCIAL AND INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial services,there will be added to the net monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand(BOD) $0.42 per pound of Total Suspended Solids (TSS) Cu=Vu x .00834([Bu-250] B + [Su-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. .00834 is the conversion factor Bu is the tested BOD level for user X or 250 mg/l,whichever is greater. B is the unit cost factor for treating one pound BOD. Su is the tested TSS level for user X or 250 mg/l,whichever is greater. S is the unit cost factor for treating one pound of TSS. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. 12 Fiscal Year 2023-2024 Rate Book 192 SCHEDULESCD COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS), WATER FOR WASTEWATER BILLING (Effective 10/01/23) 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 similar utility billing by service user. MONTHLY RATE (1) Facility Charge Billing Per Bill 3/4" Meter $26.00 1" Meter $36.80 1-1/2"Meter $44.50 2" Meter $59.25 3" Meter $126.95 4" Meter $251.75 6" Meter $344.10 8" Meter $482.10 10" Meter $690.00 (2) Volume Charge $5.38/1,000 gallons effluent The wastewater billing is based on one-hundred (100%) percent of the actual water volume submetered. MINIMUM BELLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. 13 Fiscal Year 2023-2024 Rate Book 193 SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. COMMERCIAL AND INDUSTRIAL SURCHARGE In addition to the above charges for services,there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand(BOD) $0.42 per pound of Total Suspended Solids (TSS) Cu=Vu x.00834([Bu-250] B +[Su-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. .00834 is the conversion factor Bu is the tested BOD level for user X or 250 mg/l,whichever is greater. B is the unit cost factor for treating one pound of BOD. Su is the tested TSS level for user X or 250 mg/l,whichever is greater. S is the unit cost factor for treating one pound of TSS. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Actual Water volume x Rate per 1,000 gallons 1,000 In addition to the monthly rate,the following charges shall also be assessed(as applicable): PRETREATMENT/PROGRAM CHARGES (As applicable) (SCDA)(1) Categorical Customer $444.00/bill (SCDB) (2) Non-categorical Customer $55.50/bill SAMPLING AND ANALYSIS CHARGES (As applicable) (1) Sampling charge per sample site(each) $60.00 14 Fiscal Year 2023-2024 Rate Book 194 (2) Analysis charge(per test) Actual cost per test (3)Violation demand sampling charge per sample site: Four-Part Grab$170.00/each sample First Day of Composite Sampling$110.00 Additional Day Composite Sampling$50.00/each sample 15 Fiscal Year 2023-2024 Rate Book 195 SCHEDULE SCS COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS), WATER EXCLUDED FROM WASTEWATER BILLING (Effective 10/01/23) 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 similar utility billing by service user. MONTHLY RATE (1) Facility Charge Billing Per Bill 3/4" Meter $26.00 1" Meter $36.80 1-1/2" Meter $44.50 2" Meter $59.25 3" Meter $126.95 4" Meter $251.75 6" Meter $344.10 8" Meter $482.10 10" Meter $690.00 (2) Volume Charge—None The wastewater billing exclusion is based on one-hundred(100%)percent of the actual water volume sub metered. MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. 16 Fiscal Year 2023-2024 Rate Book 196 SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. WASTEWATER SURCHARGE In addition to the above charges for services,there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand(BOD) $0.42 per pound of Total Suspended Solids (TSS) Cu=Vu x .00834([Bu-250] B +[Su-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. .00834 is the conversion factor Bu is the tested BOD level for user X or 250 mg/l,whichever is greater. B is the unit cost factor for treating one pound of BOD. Su is the tested TSS level for user X or 250 mg/1,whichever is greater. S is the unit cost factor for treating one pound of TSS. VOLUME CHARGE EXCLUSION The wastewater volume exclusion shall be based on the water volume calculated during the billing period. This sub-metered volume of water that is not returned into the wastewater collection and treatment system shall be subtracted from the master meter water volume prior to the wastewater billing volume calculation. In addition to the monthly rate,the following charges shall also be assessed(as applicable): PRETREATMENT/PROGRAM CHARGES (As applicable) (SCSA)(1) Categorical Customer $444.00/bill (SCSB)(2) Non-categorical Customer $55.50/bill SAMPLING AND ANALYSIS CHARGES (As applicable) (1) Sampling charge per sample site(each) $60.00 (2) Analysis charge(per test) Actual cost per test 17 Fiscal Year 2023-2024 Rate Book 197 (3)Violation demand sampling charge per sample site: Four-Part Grab$170.00/each sample First Day of Composite Sampling$110.00 Additional Day Composite Sampling $50.00/each sample 18 Fiscal Year 2023-2024 Rate Book 198 SCHEDULE SCH SEPTAGE& CHEMICAL TOILET DISPOSAL AT THE PECAN CREEK WATER RECLAMATION PLANT SEPTAGE TRANSFER STATION (Effective 10/01/23) PERMIT REQUIRED All persons owning or operating a vacuum truck, cesspool pump truck, liquid waste transport truck or other vehicle shall not service any septic tank,seepage pit,grease interceptor,grit trap/oil separator, or cesspool within City of Denton without first having received a valid transport truck discharge (TTD)permit. APPLICATION Applicable to all users of the Pecan Creek Water Reclamation Plant Septage Transfer Station. The user must sign the "Agreement for Disposal of Liquid Waste" and comply with the following requirements: 1. Division 3 of Article XII of Chapter 26 of the City of Denton Code of Ordinances, as may be amended from time to time. 2. Provide to the City:signed"Application for Permit"(City of Denton's form),"Agreement for Disposal of Liquid Waste" documents(City of Denton's forms), and provide a copy of the user's current TCEQ Registration Certificate, current Insurance Certificate for each vehicle, and current Manager of Operations Driver's License. 3. Comply with the City of Denton "Liquid Waste Hauler — Vehicle Inspection Audit" requirements. City staff, after reviewing the permit application and agreement, and after conducting any necessary research,may issue the permit, issue the permit with conditions, or deny the issuance of the permit.The City will establish the number of permits to be issued.The City maintains the right to deny the disposal of wastes at the Septage Transfer Station when necessary to prevent adverse effects to the operations of the treatment facilities. RATE (1) Facility Charge $6.44/bill (2) Volume Charge $41.29/1,000 gallons (3) Application Fee $300.00/per calendar year (4)Vehicle Permit Fee $300.00/per vehicle per calendar year (5)Waste Manifests $40.00/per book of 100 19 Fiscal Year 2023-2024 Rate Book 199 MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. PAYMENT Application and Vehicle Permit fee is due in full before first disposal at Pecan Creek Water Reclamation Plant Septage Transfer Station. Bills are due when rendered and become past due if not paid within fifteen(15)calendar days from date of issuance. VOLUME CHARGE Billing for the septage volume contained in the septage hauling tank, shall be based on the full tank volume only. For clarity,volumes discharged that are less than a tank will be billed as a whole tank. TERMS AND RENEWAL Permits are issued annually,beginning Dec. 1,and are effective from Jan. 1 or the date of issuance, whichever is later, through Dec.31 of the same calendar year. The permit application process should be initiated, and fees should be paid as early as possible during the last quarter of each calendar year for the upcoming calendar year so that adequate time is available for review and processing of the application. Submittal of applications by Dec.I will eliminate the possibility of permits being issued after Jan. 1. All permits issued under this schedule shall be valid for up to one calendar year from the date of issuance. All permits issued during each calendar year will expire on the last day of that calendar year. 20 Fiscal Year 2023-2024 Rate Book 200 SCHEDULESEE EQUIPMENT SERVICES FACILITIES AND RESTAURANTS&FOOD SERVICE ESTABLISHMENTS WASTEWATER SERVICE (Effective 10/01/23) APPLICATION Applicable to facilities which perform washing, cleaning or servicing of automobiles, trucks, buses or similar equipment and are categorized by North American Industry Classification System(NAICS) numbers: I I I I 1 (General Automotive Repair), 811114 (Specialized Automotive Repair), 811121 (Automotive Body, Paint, and Interior Repair and Maintenance)„ 811122(Automotive Glass Replacement Shops)„ 811191 (Automotive Oil Change and Lubrication Shops,811192 (Car Washes), 811198 (All Other Auto Repair and Maintenance)and other similar code classifications. Applicable to all restaurants and food service establishments that prepare and serve food directly to customers and are categorized by NAICS numbers: 721110 (Hotels (except Casino Hotels) and Motels), 721191 (Bed-and-Breakfast Inns), 722310 (Food Service Contractors), 722320 (Caterers), , 722330 (Mobile Food Services), 722410 (Drinking Places), 722511 (Full-Service Restaurants), 722513 (Limited-Service Restaurants), 722514 (Cafeterias, Grill Buffets, and Buffets), 722515 (Snack and Nonalcoholic Beverage Bars)other similar code classifications. MONTHLY RATE(SEE) (1) Facility Charge $29.42/bill (2) Volume Charge $7.49/1,000 gallons effluent Billing based on ninety-five(95%)percent of monthly water consumption. In addition to the monthly rate,the following charges shall also be assessed(as applicable) PRETREATMENT/PROGRAM CHARGES (As Applicable) (SEA) (1) Categorical $444.00/bill (SEB) (2) Non-categorical $55.50/bill The appropriate Pretreatment/Program charge will be applied if the customer is identified as either categorical or non-categorical. These charges are not to be applied if the customer is not designated as either a categorical or non-categorical customer. SAMPLING/ANALYSIS CHARGES (As Applicable) (1) Sampling charge per sample site (each) $60.00 21 Fiscal Year 2023-2024 Rate Book 201 (2) Analysis charge(per test) Actual cost per test (3)Violation demand sampling charge per sample site: Four-Part Grab$170.00/each First Day of Composite Sampling$110.00 Additional Day Composite Sampling$50.00/each "SEE"RATE EXEMPTIONS (1) Customers under the SEE rate shall be charged the SC rate if only pre-wrapped and preprocessed foods are served from their premises and no food processing is performed on the premises so that only minimal organic material is discharged to the sanitary sewer. The exemption for the SEE class shall be determined by the City of Denton Environmental Health Services Food Inspection Division. (2) Customers under the SEE rates shall be charged the SC rate phis 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, or at the request of the user; more frequently for the purposes of averaging quarterly samples, the wastewater discharge for the following: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual costs; and (c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all wastewater discharged that is in excess of 500 mg/l of BOD and 600 TSS as determined by the monitoring performed in Section 2(b). MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. WASTEWATER SURCHARGE The wastewater surcharge calculation that applies to equipment services facilities and restaurant and food service establishments claiming the SEE exemption shall be based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand(BOD) $0.42 per pound of Total Suspended Solids(TSS) Cu=Vu x .00834([Bu-500] B + [Su-600] S]) 22 Fiscal Year 2023-2024 Rate Book 202 Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. .00834 is the conversion factor Bu is the tested BOD level for user X or 500 mg/l,whichever is greater. B is the unit cost factor for treating one pound of BOD. Su is the tested TSS level for user X or 600 mg/l,whichever is greater. S is the unit cost factor for treating one pound of TSS. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .95 x Rate per 1,000 gallons 1,000 23 Fiscal Year 2023-2024 Rate Book 203 SCHEDULE SM METERED WASTEWATER INSIDE AND OUTSIDE CORPORATE LIMITS (Effective 10/01/23) 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 $359.53/bill $401.27/bill (2) Volume Charge $5.38/1,000 gals $6.11/1,000 gals In addition to the monthly rate,the following charges shall also be assessed(as applicable): (3) Pretreatment/Program Charge(As Applicable) (S1VIA) (1) Categorical $444.00/bill (SMB) (2) Non-categorical $55.50/bill The appropriate Pretreatment/Program charge will be applied if the customer is identified as either categorical or non-categorical. The categorical and non-categorical classifications apply both inside and outside the corporate limits of the City of Denton. These charges are not to be applied if the customer is not designated as either a categorical or non-categorical customer by the wastewater utility staff. SAMPLING/ANALYSIS CHARGE(As Applicable) (1) Sampling charge per sample site(each) $60.00 (2) Analysis charge(per test) Actual cost per test (3)Violation demand sampling charge per sample site: Four-Part Grab$170.00/each First Day of Composite Sampling$110.00 Additional Day Composite Sampling$50.00/each 24 Fiscal Year 2023-2024 Rate Book 204 WASTEWATER SURCHARGE In addition to the above charges, there will be added to the monthly rate for metered wastewater, a surcharge based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand(BOD) $0.42 per pound of Total Suspended Solids (TSS) Cu=Vu x .00834 ([Bu-250] B + [Su-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 250 mg/1,whichever is greater. .00834 is the conversion B is the unit cost factor for treating one pound of BOD. Su is the tested TSS level for user X or 250 mg/l,whichever is greater. S is the unit cost factor for treating one pound of TSS. MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge, plus the appropriate Pretreatment/Program Charge, if applicable PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a 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 Fiscal Year 2023-2024 Rate Book 205 SCHEDULESGE SALE OF TREATED WASTEWATER EFFLUENT (Effective 10/01/23) 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. The resale of treated wastewater effluent is prohibited. Any use of treated wastewater effluent for non-potable purposes is prohibited. PRODUCT AVAILABILITY Wastewater effluent is available for resale only if volumes are available. Supplies may be limited or unavailable. MONTHLY RATES (1) Facility Charge Per Bill 3/4" Meter $22.37 1" Meter $31.68 1-1/2"Meter $38.31 2" Meter $50.99 3" Meter $109.30 4" Meter $216.71 6" Meter $296.21 8" Meter $415.01 10" Meter $594.00 (2) Volume Charge $1.67/1,000 gallons MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall 26 Fiscal Year 2023-2024 Rate Book 206 be provided subject to the Special Facilities Rider. 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 27 Fiscal Year 2023-2024 Rate Book 207 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGENCY,DIVISION, OR SUBDIVISION (Effective 10/01/23) 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 $256.13/bill (2) Pretreatment/Program Charge (As Applicable) (A) Categorical $444.00/bill (B) Non-categorical $55.50/bill (3) Volume Charge $2.89/1,000 gallons Billing shall be based on one-hundred(100%)percent of actual gallons measured. SAMPLING/ANALYSIS CHARGE(As Applicable) (1) Sampling charge per sample site (each) $60.00 (2) Analysis charge(per test) Actual cost per test (3)Violation demand sampling charge per sample site: Four-Part Grab$170.00/each First Day of Composite Sampling$110.00 Additional Day Composite Sampling $50.00/each MINIMUM BILLING The minimum amount that may be billed shall be in the amount of the applicable Facility Charge. 28 Fiscal Year 2023-2024 Rate Book 208 WHOLESALE SURCHARGE In addition to the above charges for wholesale wastewater services,there will be added to the monthly rate an industrial surcharge based on the following formula: Surcharge Unit Cost Factor $0.47 per pound of Biochemical Oxygen Demand(BOD) $0.42 per pound of Total Suspended Solids (TSS) Cu=Vu x.00834 ([Bu-250] B + [Su-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. .00834 is the conversion factor Bu is the tested BOD level for user X or 250 mg/l,whichever is greater. B is the unit cost factor for treating one pound of BOD. Su is the tested TSS level for user X or 250 mg/l,whichever is greater. S is the unit cost factor for treating one pound of TSS. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet a customer's service requirements shall be provided subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volume x Rate per 1,000 gallons 1,000 29 Fiscal Year 2023-2024 Rate Book 209 SCHEDULE CWM DYNO DIRT PRODUCTS (Effective 10/01/23) APPLICATION Applicable to 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. Each bag of Dyno Dirt contains 1 cubic foot.Bulk quantities will not be sold in volumes less than one-half cubic yard. (A) Compost (1) Dyno Soil (Top Soil Blend) $35.00/Cubic Yard (2) Dyno Dirt $30.00/Cubic Yard (3) Dyno Dirt(Bagged) $5.00/Per Bag (4) Dyno Lite $30.00/Cubic Yard (B) Wood Mulch (1) Dyno Deco Colored Mulch $30.00/Cubic Yard (2) Dyno Double Grind $17.50/Cubic Yard Purchases for (A) and (B) above, will receive a twenty percent (20%) discount for quantities of 10 to 99 cubic yards,purchases greater than one hundred(100)cubic yards will receive a thirty percent (30%)discount.A contractor's rate will be given to customer's who provide a current and valid resale certificate for inspection. The contractor's rate includes a 30%discount on any purchase at any one time of any Dyno Product of the City of Denton. (C) City of Denton departments will receive a forty percent 40%discount on all purchases of Dyno Dirt products. (D) City of Denton employees will receive a twenty percent (20%) discount on all Dyno Dirt products. 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 30 Fiscal Year 2023-2024 Rate Book 210 to restrict the sale of any product based upon available volumes. LOCATION All Dyno Dirt products may be purchased from the City of Denton at the following location: Location Address Compost Sales Bldg Water Reclamation Plant 1100 S.Mayhill Road,Denton,Texas WHOLESALE PURCHASES All Dyno Dirt products purchased wholesale,for resale to the public, are to be identified as a City of Denton manufactured product. The wholesale purchaser must provide the City of Denton selling price information to the retail customer if it is requested. 31 Fiscal Year 2023-2024 Rate Book 211 SCHEDULE ST WASTEWATER TAP AND MANHOLE FEES (Effective 10/01/23) APPLICATION This schedule applies to the installation, removal, or relocation of wastewater taps by the City of Denton Utility Department at the request of any person, firm, association, corporation, or other legal entity. TAP FEES Any person, firm, association, corporation, or other legal entity that requests that a wastewater main tap be removed, installed,or relocated by the Wastewater Utility Department shall pay in advance to the Wastewater Utility Department the following applicable fees: WASTEWATER TAPS WITH CLEANOUT Size of Tap Paved Street Unpaved Street 4 inch $2,600.00 $1,500.00 6 inch $2,700.00 $1,650.00 8 inch $2,800.00 $1,800.00 MANHOLE BREAKOUT FEE 6"— 12"Line $165.00 FEES FOR INSTALLATIONS NOT LISTED For installation of a tap or manhole for which a fee is not specified,the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work,plus an administrative charge of 20%. Upon completion of the installation or similar work requested,the customer shall be billed at actual cost,as determined by the Wastewater Utility Department,plus a 20%administrative charge. Any excess deposit shall be refunded to the customer. 32 Fiscal Year 2023-2024 Rate Book 212 SCHEDULE STE TREATED EFFLUENT WASTEWATER TAP FEES (Effective 10/01/23) APPLICATION This schedule applies to the installation,removal,or relocation of treated effluent wastewater taps by the City of Denton Utility Department at the request of any person, firm, association, corporation, or other legal entity. TAP FEES Any person, firm, association, corporation, or other legal entity that requests that a wastewater main tap be removed,installed,or relocated by the Wastewater Utility Department shall pay in advance to the Wastewater Utility Department the following applicable fees: REUSE WASTEWATER LINE TAPS Size of Tap Paved or Unpaved Street 4-inch Actual cost per tap 6-inch Actual cost per tap 8-inch Actual cost per tap 12-inch Actual cost per tap FEES FOR INSTALLATIONS NOT LISTED For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work,plus an administrative charge of 20%. Upon completion of the installation or similar work requested, the customer shall be billed at actual cost, as determined by the Wastewater Utility Department,plus a 20%administrative charge. Any excess deposit shall be refunded to the customer. 33 Fiscal Year 2023-2024 Rate Book 213 SCHEDULE OSSF ON-SITE SEWAGE FACILTY PERMIT FEES (Effective 10/01/23) APPLICATION This schedule applies to the new construction of on-site aerobic treatment systems,new construction of on-site non-aerobic treatment systems, and repair and alteration of both types of systems. OSSF PERMIT FEES Any person, firm, association, corporation, or other legal entity that requests a wastewater system work permit shall pay in advance to the Wastewater Utility Department the following applicable fees: New Construction of aerobic treatment systems $500 Reinspection Fee of aerobic treatment systems $250 New Construction of non-aerobic treatment systems $300 Reinspection Fee of non-aerobic treatment systems $150 Repair or Alteration fees(All types of OSSF's) $200 34 Fiscal Year 2023-2024 Rate Book 214 SCHEDULE SWP COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 10/01/23) Any person, entity, or business engaged in the collection and transport of waste, recyclables, or other materials as classified within this rate schedule (Operator), and operating within the City of Denton must possess a current permit issued from the City prior to providing collection and transportation services. Any private container located within the City of Denton for use in waste and recyclables collection services is required to be permitted. Permits for collection and transportation services are required for, but are not limited to, the following wastes and recyclables classifications, hereinafter referred to as Special Waste: • Special Waste • Medical Waste • Hazardous Waste • Grease & Grit Trap Waste • Commercial and Industrial Recyclable Materials—containerized and baled • Construction and Demolition (C&D)materials, recyclables, reusables, and discarded C&D materials • Waste and recyclable collection service providers operating in newly annexed areas, or contract service providers for the city • Refuse or recyclables that the City does not collect and transport. • Waste Cooking Oil An Operator shall apply for a permit from the city and shall pay the required application fees at the time of permit application. All permits are non-transferable and are granted as non-exclusive service permits. Granting permits will be at the discretion of the City to meet the needs of the community.The Operator must pay the required fees and meet all permit requirements prior to the issuance of a permit. Applicants must have a valid vehicle inspection and a valid permit issued by the Texas Commission of Environmental Quality(TCEQ)and a proof of insurance to be permitted. Granting of Permit As a condition of granting a permit,the person or entity receiving such permit(Permittee) agrees to execute and comply with all requirements of the service agreement, carry specific types and amounts of insurance as required by the City, submit reports, and pay the necessary fees by the specified due date. Following the granting of a permit, permit stickers shall be issued by the City and shall be placed by the Permittee on all vehicles operating within the city limits of Denton. Collection and transportation vehicles operating in Denton are required to display a current and valid calendar year permit decal at all times. If decals are lost by the Permittee, and are not visible on their vehicles, then the vehicles must be re-permitted by the Permittee, and all appropriate fees paid, prior to the vehicles or containers being placed in service within Denton's city limits. The City of Denton is not responsible for lost decals. Exclusions Individuals living within the City limits of Denton, and hauling personal materials, wastes, or 35 Fiscal Year 2023-2024 Rate Book 215 recyclables from their primary living residence are exempt from the requirements in this schedule SWP. Any person, who transports Special Waste three or fewer times per year, shall register with the City on the forms provided for that purpose. No annual service fees are required, but registration and permitting through the City is required. Fees Collection and Transportation Services Permit Fees Service Providers Application Fee Paid Annually $200.00 Service Fees: Per Vehicle $400.00 Waste manifests: Per Book of 100 $40.00 Service providers desiring to provide services in more than one service category are required to complete permit documentation and pay the applicable fees for each service category they desire to provide within Denton's City limits. All fees paid are nonrefundable. Application and service fees will be billed to the applicant through City of Denton's Customer Service Department. Service fees are non-transferable between vehicles and are unit specific. Violations/`No Operations' Declaration A person or business (legal entity)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 the person or legal entity transports or collects Special Waste within the City prior to receipt of a City of Denton permit,or during any suspension of a permit period.Each day of operation without a permit warrants a separate charge and any person committing such is subject to being charged a sum of up to $500.00 for each day of operating without a valid permit. Following the receipt of a notice of suspension and prior to reinstatement to legally operate within the City limits of Denton, the Permittee must meet with the City staff to update their application and agreement and make payment of all amounts owed to the City related to this ordinance. If any person or legal entity operates a vehicle, or allows the operation of a vehicle, within Denton's City limits which has not been permitted, operates any piece of equipment with an expired permit, commits a permit violation, or fails to make payment of the appropriate fees in a timely manner, the city will issue a `No Operations' declaration to the person or legal entity, and assess all applicable permit violation fees. Once a person or legal entity 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 by the City. 36 Fiscal Year 2023-2024 Rate Book 216 Revocation of Services&Non-Renewal of Permits If the City finds any requirement of the permit has been violated or observes service providers operating within Denton's City limits without current permits, the City may institute a `No Operations' declaration. Additionally, the City may revoke or not renew the service provider's permit, thereby requiring the service provider to cease all operations within the City limits of Denton. Reclassification of Recyclables Recyclables containing ten(10%)percent or more contamination, as determined by the City,will be considered refuse, and its collection may not be provided by service providers permitted under this ordinance. This material shall be reclassified as refuse and will be collected by the City of Denton. The Director of Solid Waste (Director) or the Director's designee, will make the final determination on whether stored recyclables contain excessive contamination, and may cause the reclassification of these materials to municipal solid waste(MSW),thereby negating the ability of a service provider to transport this material within Denton's City limits under their operating permit pursuant to this ordinance. The City of Denton has the authority to inspect the contents of any container placed for pick up, or submitted for disposal in any manner at a location within Denton's City limits, in order to determine the materials content of the container, to ensure compliance with the contamination requirements, which shall not exceed 10%. Terms and Renewal Permits are issued annually,beginning December 1, and are effective from January 1, or the date of issuance,whichever is later,through December 31 of the same calendar year. The permit application process should be initiated,and fees should be paid as early as possible during the last quarter of each calendar year for the upcoming calendar year so that adequate time is available for review and processing of the application. 37 Fiscal Year 2023-2024 Rate Book 217 SCHEDULE SD STORM DRAINAGE FEES (Effective 10/01/23) APPLICATION Applicable to all real property and appurtenances owned and located within the corporate limits of the City of Denton,Texas,except as exempted below. The Storm Drainage fee charged to each tract of real property is based upon the amount of impervious surface cover that results in water runoff or water quality impacts into the City of Denton drainage system. MONTULY FEE—RESIDENTIAL (SD lt) The residential fee is applicable to all single-family through fourplex real properties located within the corporate 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 corporate 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 or owner. Formula: Measured Square Footage of Impervious Surface Cover x$0.00186 per bill EXEMPTIONS The following real property owned and located within the corporate 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 38 Fiscal Year 2023-2024 Rate Book 218 inspection and certification by the City; or 2. Real property held and maintained in its natural state,until such time that the real property is developed,and all 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. 39 Fiscal Year 2023-2024 Rate Book 219 SCHEDULE SDI STORMWATER REINSPECTION FEE (Effective 10/01/23) APPLICATION Applicable to active construction or land disturbing activities located within the corporate limits of the City of Denton, Texas. The Stormwater Reinspection Fee is charged to operators or designated representatives of projects where land disturbing activity, as defined by Denton Development Code, is occurring, including new construction,demolition,and redevelopment. RATE Reinspection fees for initial or periodic inspection resulting in non-compliance, notices of violation, or stop-work orders shall apply. Fees may be waived at discretion of the inspector in accordance with department guidelines for mitigating circumstances. Fee: $150.00/site inspection 40 Fiscal Year 2023-2024 Rate Book 220 SPECIAL FACILITIES RIDER (Effective 10/01/23) (1) If a customer service request for a special or unusual service not otherwise provided for by this Wastewater rate ordinance, or requires facilities and devices which are not normally and readily available at the location at which the customer requests the service,then the City shall provide the service subject to the requirements of paragraph 2 and 3 of this rider. (2) The total cost of all facilities required to meet the customer's special requirements which are incurred by the City in connection with rendering the service shall be established by a contract entered into between the City and the customer. Said contract shall be signed by both parties and approved as provided for in section (3) of this Special Facilities Rider prior to the City providing the requested service to the customer. (3) Any contract under this rider is subject to the following approvals: (a) If the total value of the contract is less than $100,000, the contract may be approved by the City Manager, or his designee. If a contract under this subsection is not approved by the City Manager, or his designee, then: it must be considered for a recommendation to City Council by the Public Utilities Board; and approval of the contract by the City Council is required prior to the contract being entered into by the City. (b) If the total value of the contract is equal to or greater than$100,000,the contract must be considered for a recommendation to City Council for approval by the Public Utilities Board; and approval of the contract by the City Council is required prior to being entered into by the City. 41 Fiscal Year 2023-2024 Rate Book 221 SECTION 2. Ordinance 22-1857 is hereby repealed as of the effective date of this ordinance. SECTION 3. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 4. If any section, subsection,paragraph, sentence, clause,phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance,and the City Council of the City of Denton,Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. The Schedule of Rates herein adopted shall be effective, charged and applied to all wastewater service rendered on and after October 1, 2023, and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of the City of Denton,Texas. The motion to approve this ordinance was made by 13cia-- rSec.0 and seconded by Q.�Aks the ordinance was passed and approved by the following vote [_-_]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: V Vicki Byrd,District 1: Brian Beck,District 2: Paul Meltzer,District 3: Joe Holland, District 4: Brandon Chase McGee,At Large Place 5: y Chris Watts,At Large Place 6: 42 Fiscal Year 2023-2024 Rate Book 222 PASSED AND APPROVED this the Zb' day of 12023. GERARD HUDSPETH,MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY D ENS G BY: : APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY '' NT0 N,•��; Digitally signed by I/11111110 Susan Keller Dusan r Date:2023.023.09.18 BY: 15:13:46-05'00' 43 Fiscal Year 2023-2024 Rate Book 223 ORDINANCE NO. 22-1858 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; SUPERSEDING ALL PRIOR ORDINANCES ESTABLISHING FEES IN CONFLICT WITH SUCH SCHEDULE; 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 administrative utility services as generally provided for in Chapter 26 of the Code of Ordinances, and for services to other City of Denton customers and taxpayers, are established as follows: SERVICE CHARGES AND PROCEDURES SCHEDULES A. ACCOUNT CONNECTION AND RECONNECTION CHARGES PAGE Meter Connection Charge 3 Meter Reconnection Process Charge 3 Unauthorized Usage Penalty 4 New Customer Application Charge 5 B. METER CHARGES Meter Reading 5 Meter Testing 5 Meter Tampering or Meter Damage Charge 6 Meter Inaccessibility Charge 6 C. MISCELLANEOUS FEES, CHARGES AND DEPOSITS Returned Payment Charge 7 Service Deposits 7 Waiver of Service Deposits 8 Late Payment Charge Due on Delinquent Balances 9 1 Fiscal Year 2023-2024 Rate Book 224 Interest Charge on Past Due Account Balance 9 Interest Earned on Contract Retainage 10 2 Fiscal Year 2023-2024 Rate Book 225 ACCOUNT CONNECTION AND RECONNECTION PROCESS CHARGES For the purposes of this fee schedule, business hours shall be defined as Monday through Friday, 8:00 AM to 5:00 PM. METER CONNECTION CHARGE APPLICATION A Meter Connection Charge is 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 an electric or water meter must be installed or activated for readiness. A "Non-Standard Electric Meter" is an electric meter that does not have the ability or capability to integrate with the advanced metering infrastructure (AMI) meter reading system. Examples would be older mechanical meters, solid state meters without an AMI module and one-way RF transmit meters.Non-Standard Electric Meters have to be read manually. NEW SERVICE CHARGES All Meters except for Non-Standard Electric Meter First Service Requested $23.00 First Service Requested, guaranteed $30.00 same day service (In addition to first service requested fee) Non-Standard Electric Meter First Service Requested $131.00 First Service Requested, guaranteed $176.00 same day service METER RECONNECTION PROCESS CHARGE APPLICATION Applicable when a customer's account is processed for disconnection due to nonpayment. 3 Fiscal Year 2023-2024 Rate Book 226 DELINQUENT AND RECONNECT CHARGES Residential Delinquent Service Fee $23.00 (When service is disconnected at the electric socket or water meter) Commercial Delinquent Service Fee $46.00 (When service is disconnected at the electric socket or water meter) Delinquent Service Fee $168.00 (When a service truck is required or the water meter has been removed) Residential Reconnect Charge, guaranteed same day service $30.00 (In addition to delinquent service fees) Commercial Reconnect Charge, guaranteed same day service $61.00 (In addition to delinquent service fees) Reconnect Charge,guaranteed same day service $231.00 (When a service truck is required or the water meter has been removed) 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 $23.00 Return Trip Charge after business hours $61.00 UNAUTHORIZED USAGE PENALTY APPLICATION Applicable to any customer that fails to request connection of services within 24 hours of occupancy in a new service location. CHARGE Unauthorized Usage Penalty $30.00 4 Fiscal Year 2023-2024 Rate Book 227 NEW CUSTOMER APPLICATION FEE APPLICATION Applicable when a customer requests new service or is added to an existing account and provides Social Security or Tax ID information to verify identity and credit history. CHARGE New Residential Customer Application Charge -per person $3.00 New Commercial Customer Application Charge $16.00 METER CHARGES METER READING APPLICATION Additional Meter Reading Fee is applicable to any electric or water utility customer who requests a reading of a city meter due to a contested billing more than twice in the previous twelve (12) months, and no error is found. Manual reading fee is applicable to any electric customer who requests a Non-Standard Electric Meter.A"Non-Standard Electric Meter"is an electric meter that does not have the ability or capability to integrate with the AMI meter reading system. Examples would be older mechanical meters, solid state meters without an AMI module and one-way radio frequency(RF)transmit meters;these meters have to be read manually. CHARGE Per Additional Reading $46.00 Manual Reading of Non-Standard Electric Meter $30.00 per each billing cycle METER TESTING APPLICATION Applicable to any customer who requests the testing of a city meter previously tested within the past four(4)years and the meter is found to be within accuracy standards. CHARGE Per Test $62.00/KWH Electric Meter $93.00/KW/KWH Electric Meter $93.00 Water Meter 5 Fiscal Year 2023-2024 Rate Book 228 ACCURACYSTANDARDS A meter is defined as being within accuracy standards when found to be plus or minus two percent (21/o) or less of true value at a full load. METER TAMPERING AND 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 $310.00 minimum per electric connection per system Per Event $200.00 minimum per water connection per system METER INACCESSIBILITY CHARGE APPLICATION Applicable to any customer who prevents the regular and routine reading, maintenance, repair, or removal of any city meter due to inaccessibility of the meter. CHARGE Per event $46.00 6 Fiscal Year 2023-2024 Rate Book 229 MISCELLANEOUS FEES, CHARGES,AND DEPOSITS 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 either have twelve (12) months of good credit standing with the City of Denton or demonstrate a passing credit rating through an external credit reporting agency. Applicable when a commercial customer does not have twenty-four (24) months of good credit standing with the City of Denton,or demonstrate a passing credit rating through an external credit reporting agency. Not applicable when a commercial customer provides an irrevocable letter of credit acceptable to the City of Denton as security for payment. CHARGE Residential Customer An amount up to 1/6 of the last 12 months of billing at the service location. If utility service is disconnected for non-payment, or an additional deposit is required pursuant to Chapter 26 of the Code of the City of Denton, then the customer will be required to pay a deposit sum up to 1/6 of the last 12 months of billing at the service location. Commercial Customer An amount up to 1/6 of the last 12 months of billing at the service location. If utility service is disconnected for non-payment, or an additional deposit is required pursuant to Chapter 26 of the Code of the City of Denton, then the customer will be required to pay a deposit sum up to 1/6 of the last 12 months of billing at the service location. 7 Fiscal Year 2023-2024 Rate Book 230 Deposits will earn interest for the customer. The applicable rate of interest will be adjusted semi- annually to equal the rate of a one-year United States Treasury Note on October 1 and April 1 of each year. If refund of deposit is made within thirty (30) days of receipt of deposit, no interest payment will be made. If the City retains the deposit more than thirty (30) days, payment of interest, at the current rate, shall be made retroactive to the date the deposit was paid.Payment of the interest to the customer shall be made at the time the deposit is returned or credited to the customer's account. The deposit shall cease to earn interest on the date it is returned or credited to the customer's account. WAIVER OF SERVICE DEPOSITS For purposes of the exemptions from deposit, "acceptable credit rating" shall mean a credit rating which is based upon a commonly used formula or a formula approved by the City Council. Residential exemption from deposit. No service deposit will-be required of an applicant for residential utility service if the applicant can provide and qualify for one (1) of the following: (1) The applicant has an acceptable credit rating for twelve (12) consecutive months within the last two (2)years with the city utility system. (2) The customer receives an acceptable credit rating from a credit source available to the city. The customer must pay the cost of obtaining the credit rating. This cost will be set annually within the utility rate ordinance, but will not exceed one hundred dollars ($100.00). (3) Customers with little credit history or a fair credit rating may be allowed to provide one of the following alternatives in lieu of deposit: a. A signed letter of good standing for utility services from a former utility company for verification within twenty (20) days of applying for service; or b. The applicant provides a cosigner who accepts responsibility and is verified to have an acceptable credit rating with the city utility system, and who is willing to be listed on the applicant's account to guarantee payment of the applicant's utility bills. This guarantee will be in effect until the applicant develops an acceptable credit rating and the cosigner requests removal from the account. (4) Customer is participating in a verifiable permanent supportive or rapid rehousing program and provides a dated and completed certification letter upon applying for utility services. (5) Customer has been qualified as a Victim of Family Violence and provides a dated and completed certification letter upon application for utility services. Applicable when 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, 8 Fiscal Year 2023-2024 Rate Book 231 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." (6) Customer signs up for auto pay and maintains an acceptable credit rating for twelve (12)consecutive months. Commercial exemption from deposit. An applicant for utility service for a commercial or industrial entity or business may not be required to make a deposit if the applicant: (1) Provides the city an acceptable commercial/industrial credit rating for the last twenty- four(24)months the customer received service from the city utility system; or (2) The customer receives an acceptable credit rating from a credit source available to the city. The customer must pay the cost of obtaining the credit rating. This cost will be set annually within the utility rate ordinance, but will not exceed one hundred dollars ($100.00). (3) If the credit of a commercial/industrial customer for service has not been established satisfactorily to the city,the applicant may provide an irrevocable letter of credit in lieu of a deposit within twenty (20) days of signing for service. The irrevocable letter of credit must be executed by a Texas bank and must be approved by the city manager and city attorney. The customer must maintain the irrevocable letter of credit in effect at all times. If the customer allows the irrevocable letter of credit to expire, the customer shall pay a deposit in the amount provided as listed above, or the city may terminate utility service. LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES APPLICATION To cover a portion of the administrative costs of collecting past due balances,a late payment charge shall be assessed on the fifth business day following the due date. Late payment charges will not continue to be assessed once an account is closed. CHARGE $20.00 late payment charge INTEREST CHARGE ON PAST DUE ACCOUNT BALANCE APPLICATION Interest shall be assessed on any past due account balance (excluding late payment charges) that remains unpaid at the time of the current month's billing calculation. Interest charges will not 9 Fiscal Year 2023-2024 Rate Book 232 continue to be assessed once an account is closed. 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 calculation. "Under no circumstances shall the interest charge provided for herein exceed the legal rate of interest. To the extent that it does so,the charge is inadvertent,and the City intends only to assess, charge and collect such interest rate that does not exceed the highest lawful rate. SECTION 2. Ordinance No. 2018-1494, Ordinance No. 2015-295 and Ordinance No. 2016-276 and all other prior conflicting fee schedules are hereby superseded and repealed, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. This ordinance shall become effective, and shall apply to all services occurring, on and after October 1, 2022; and a copy of said fees and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. 10 Fiscal Year 2023-2024 Rate Book 233 The motion to approve this Ordinance was made by vecxi E7q y- and seconded by Alison Ratty i re ; the Ordinance was passed nd approved by the following vote [ -_Q ]: Ave Nay Abstain Absent Gerard Hudspeth,Mayor: ✓ Vicki Byrd,District 1: ✓' Brian Beck,District 2: 1/ Jesse Davis,District 3: ✓ Alison Maguire,District 4: ✓ Brandon Chase McGee,At Large Place 5: V Chris Watts ,At Large Place 6: V, PASSED AND APPROVED this the ' day of QWkM b4ar- 92022 . GERARD SPETH , MAYOR ATTEST: :%lllfI ROSA RIOS , CITY SECRETARY ��F••0 E••T0 By: --42z� i� �� •t s APPROVED AS TO LEGAL FORM: TON•• MACK REINWAND , CITY ATTORNEY By: 11 Fiscal Year 2023-2024 Rate Book 234 ORDINANCE NO. 2016-189 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING ROADWAY IMPACT FEES PER SERVICE UNIT; ESTABLISHING PROCEDURES FOR THE ASSESSMENT,COLLECTION,COMPUTATION, EXPENDITURE, REFUND AND GENERAL ADMINISTRATION OF ROADWAY IMPACT FEES;PROVIDING FOR THE ESTABLISHMENT OF ACCOUNTS FOR ROADWAY IMPACT FEES; PROVIDING CONSTRUCTION, SEVERABILITY, AND CONFLICT CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 395,Tex. Loc. Gov't Code(the"Statute")provides the requirements and procedures for the adoption of Land Use Assumptions, Roadway Impact Fee Capital Improvements Plan, and Roadway Impact Fees; and WHEREAS, the City retained Kimley-Horn and Associates ("Kimley-Horn")to prepare a Roadway Impact Fee Study that contains Land Use Assumptions("LUA")reflecting a description of five Service Areas and projections of 10-year growth in residential and nonresidential land uses in each Service Area, a Roadway Impact Fee Capital Improvements Plan ("CIP") to identify Capital Improvements or Roadway Facility expansions for which Roadway Impact Fees may be assessed, and a calculation of the Roadway Impact Fee. The Roadway Impact Fee Study is attached as Exhibit A hereto and incorporated by reference herein; and WHEREAS,after notice of public hearing was published as required by the Statute,the City Council held a public hearing on March 22, 2016 in which the City Council adopted the CIP and LUA by Ordinance No. 2016-085; and WHEREAS,the Capital Improvement Advisory Committee of the City of Denton("CIAC"), created JMI-Sault to See. 395.058,Tex. Loc. Gov't.Code,:li led its written conlinents on the proposed Roa away'Jtnpa cl Fees before the fifth(5t")business(Jay befiore the date OfthC J)ttblic heatritig on the adoption of the Roadway Impact Fee; and WHEREAS, as required by Section 395.054, Tex. Loc. Gov't Code, the City Council conducted a public hearing on April 26, 2016 and continued on June 21, 2016 on the adoption of Roadway Impact Fees in which any member of the public had the right to appear at the hearing and present evidence for or against the plan and proposed fee; and WHEREAS, the City Council desires to adopt the Roadway Impact Fees and related administrative process as herein described and finds that it is in the best interest of the citizens of the City of Denton; NOW THEREFORE, Page 1 of 18 Fiscal Year 2023-2024 Rate Book 235 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Short Title. This Ordinance shall be known and cited as the"Denton Roadway Impact Fee Regulations". SECTION 2 h°;itadtra :_ Lnco pgKgLc�;l. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein and are hereby found to be true and correct factual and legislative determinations of the City of Denton, Texas. SECTION 3. k' 11jt . This Ordinance is intended to assure the provision of adequate roadway facilities to serve New Development in the City by requiring each development to pay a share of the costs of such Capital Improvements or Roadway Facility expansions necessitated by and attributable to such New Development. SECTION 4. AmLiffior t:y. This Ordinance is adopted pursuant to Texas Local Government Code (TLGC) Chapter 395 and the Denton City Charter. Chapter 395 supplements this Ordinance to the extent that its provisions may be applicable hereto and,to such extent,its provisions are incorporated herein by reference.The provisions of this Ordinance shall not be construed to limit the power of the City to utilize other methods authorized under State law or pursuant to other City powers to accomplish the purposes set forth herein,either in substitution or in conjunction with this Ordinance. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this Ordinance. SECTION 5 plalit ability. The provisions of this Ordinance apply to all new, non-exempt development within the corporate boundaries of the City located within a Roadway Service Area. 1 :_._.of Land l:f Assc7 cl ti a t tcl C c t vy y diii1m t I c "<tpwit al SECTION 6. lIiic ar trrgilipt�t .. .. 1LnprQyvt M pts Plati. The Roadway Impact Fee Capital Improvements Plan and Land Use Assumptions identifying Capital Improvements or Facility Expansions pursuant to which Roadway Impact Fees may be assessed, as considered and adopted by the City Council Ordinance No. 2016- 085 at the March 22, 2016 public hearing and attached with the Roadway Impact Fee Study as Exhibit A hereto is incorporated herein by reference for all purposes, including any future amendments thereto. SECTION 7. Definitions. In this Ordinance: A, Assessment means the determination of the amount of the Maximum Assessable Roadway Impact Fee per Service Unit which can be imposed on New Development pursuant to this Ordinance. B. s 24a hupLommvqp�,qj means a Roadway Facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the City. C. City means the City of Denton, Texas. Page 2 of 18 Fiscal Year 2023-2024 Rate Book 236 D, Credit means a reduction in the amount of a Roadway Impact Fee(s), payments, or charges for approved construction or provision of the same type of Capital Improvement for which a fee has been assessed for a New Development.This is done by either by a proven decrease in the number of Service Units attributable to such development or a decrease in the amount of Roadway Impact Fees otherwise due, that results from contributions of land, improvements or funds to construct system improvements in accordance with the City's subdivision and development regulations, policies or requirements, as determined by the City. E. [�'iiia l pig means authorization by the City Planning and Zoning Commission that the final map of a proposed subdivision meets all City standards and conditions in accordance with the City's subdivision regulations and the Executive Chairman of the City Planning and Zoning Commission executes the applicant's plat and that the plat may be recorded in the office of the county clerk of Denton. The term applies both to original plats and replats. F. It j°)aet Fec, or "Roadway Impact Fee", means a fee, charge, or Assessment for Roadway Facilities imposed on New Development by the City pursuant to this Ordinance in order to generate revenue to fund or recoup all or part of the costs of Capital Improvements or facility expansion necessitated by and attributable to such New Development. The term includes amortized charges,lump-sum charges,capital recovery fees, contributions in aid of construction and any other fee that functions as described by this Ordinance or the Statute. The term is inclusive of both the Maximum Assessable Roadway Impact Fee and the Roadway Impact Fee Collection Rate as herein described. G. [,,and I,))sc A��t.r��t� means the description of Service Areas and the projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the City, as may be amended from time to time, upon which the Roadway Impact Fee Capital Improvements Plan is based. H. Latid t)sc..1 giv,lency Tq!)l-, means a table converting the demands for Capital Improvements generated by variousland uses to numbers of Service Units,as may be amended from time to time. The land use equivalency table may be incorporated in a schedule of Impact Fee rates, attached as exhibit C hereto and incorporated by reference herein. I, M�t iiji n Assessable R.(:)a \vay JnAi xac t Fee means the Impact Fee that is established for each Service Area computed by calculating the total projected costs of Capital Improvements necessitated by and attributable to New Development and subtracting a portion of ad valorem tax revenues to be generated by new Service Units,including the payment of debt,associated with the roadway CIP,and then dividing that amount by the total number of Service Units anticipated within the Service Area based upon the land use assumptions. The Maximum Assessable Roadway Impact Fee shall be Page 3 of 18 Fiscal Year 2023-2024 Rate Book 237 established and reflected in Exhibit 1 Sclje(hde 1,attached hereto and incorporated herein. The City may adopt a Roadway Impact Fee Collection Rate that is less than this amount,but in no instance shall the Roadway Impact Fee exceed the Maximum Assessable Roadway Impact Fee except by amendment of this Ordinance. J, New I e elmt ient means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which has the effect of increasing the requirements for Capital Improvements or facility expansions, measured by the number of Service Units to be generated by such activity. K. R ecou otnent means the imposition of an Impact Fee to reimburse the City for Capital Improvements which the City has previously oversized to serve New Development. L. RoLid ,t �ltt p crt 1� oIlection lZate means the current amount of Roadway Impact Fee adopted by Denton City Council to be paid by the property owner, as may from time to time be amended,which is the result of a percentage reduction of the adopted Maximum Assessable Roadway Impact Fee. The adopted Roadway Impact Fee Collection Rate shall be established and reflected in Exl ibh,1I Schedule 2,attached hereto and incorporated herein. The adopted Roadway Impact Fee Collection Rate may be further reduced with Credits, designed to fairly reflect the value of Roadway Facilities provided by a developer in accordance with the City's development regulations or requirements. M. t�qW means any primary and secondary arterial or collector designated in the City's adopted Mobility Plan, as may be amended from time to time. Roadway also includes any thoroughfare designated as a numbered highway on the official federal or Texas highway system; to the extent that the City incurs Capital Improvement costs for such facility. N. Roadway Facifid means an improvement or appurtenance to a Roadway which includes,but is not limited to,rights-of-way,whether conveyed by deed or easement; intersection improvements; traffic signals; turn lanes; drainage facilities associated with the Roadway Facility; street lighting or curbs, and water and wastewater improvements affected by the Roadway Facility. Roadway Facility also includes any improvement or appurtenance to an intersection with a Roadway officially enumerated in the federal or Texas highway system, and to any improvements or appurtenances to such federal or Texas highway, to the extent that the City has incurred capital costs for such facilities,including without limitation local matching funds and costs related to utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances and rights-of-way. Roadway Facility excludes those improvements or appurtenances to any Roadway which is a Site- related Facility. Page 4 of 18 Fiscal Year 2023-2024 Rate Book 238 0, 1�oadwu means the expansion of the capacity of an existing roadway in the City,but does not include the repair,maintenance,modernization,or expansion of an existing roadway to better serve existing development. P. Roadway It 11 tpoplovelnerits j1latj,()jL -V L 'I ip (�vei lepts Plan" LCIP)means the adopted plan included in Exhibit A, as may be amended from time to time, which identifies the roadway facilities or Roadway Facility expansions and their costs for each roadway Service Area, which are necessitated by and which are attributable to New Development,for a period not to exceed 10 years,which are to be financed in whole or in part through the imposition of Roadway Impact Fees pursuant to this Ordinance. Q. Service Area means a Roadway Service Area within the City's corporate boundary, within which Impact Fees for Roadway Capital Improvements or Roadway Facility expansions may be collected for New Development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the Roadway Impact Fee Capital Improvements Plan applicable to the Service Area. R. Service Unit means a vehicle mile. A vehicle-mile shall be defined as one(1)vehicle traveling a distance of one (1) mile during the afternoon peak hour as calculated herein. S. S ite-rclated Facilily means an improvement or facility which is for the primary use or benefit of one or more New Developments and/or which is for the primary purpose of safe and adequate provision of Roadway Facilities to serve the New Development, including access to the development, which is not included in the Roadway Capital Improvements Plan, and for which the developer (s) or property owner(s) is solely responsible under subdivision or other applicable development regulations. Site- related Facility may include a Roadway improvement which is located offsite, or within or on the perimeter of the development site. T. S steni l,acility means a roadway improvement or facility expansion which is designated in the Roadway Impact Fee Capital Improvements Plan and which is not a Site-related Facility. System Facility may include a roadway improvement which is located offsite, or within or on the perimeter of the development site. SECTION 8. Road way Service Armis. The City hereby establishes five(5)Roadway Service Areas, constituting land within the City's corporate boundaries, as depicted in Exhibit A attached hereto and incorporated by reference herein. The boundaries of the Roadway Service Areas may be amended from time to time, or new Roadway Service Areas may be delineated, pursuant to the procedures of this Ordinance. SECTION 9. 1�oadwziy brie act._17cos Adoptcd. The City hereby adopts the Maximum Assessable Roadway Impact Fee attached and incorporated as Kxhibit 13 Schedtfle 1,and the Roadway Impact Page 5 of 18 Fiscal Year 2023-2024 Rate Book 239 Fee Collection Rate attached and incorporated as Schedule 2. Each non-exempt New Development shall be assessed the Maximum Assessable Roadway Impact Fee and shall pay the Roadway Impact Fee Collection Rate,minus any applicable Credits,as described herein. Except as herein otherwise provided, the Assessment and collection of a Roadway Impact Fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. SECTION 10. ltoadw�y Impact Fee Rpq,L o.No Final Plat for New Development shall be released for filing with Denton County without Assessment of an Impact Fee pursuant to this Ordinance;or,if no plat is required,then no building permit shall be issued until such Assessment is made and paid in accordance with the Assessment and collection procedures indicated herein. SECTION 11. Assessnierill, oaf �xct I e!Ls. Assessment of the Impact Fee for any New Development shall be made as follows: A. For a New Development which has received final plat approval before the effective date of this Ordinance,Assessment of Impact Fees shall occur on the effective date of this Ordinance, and shall be the amount of the Maximum Assessable Roadway Impact Fee per Service Unit as set forth in Exhibit Il Schedule 1. However, the Roadway Impact Fee Collection Rate shall not be collected on any Service Unit which has received final plat approval before the effective date of this Ordinance and for which a valid building permit is issued within one year after the date of adoption of this Ordinance. B. For land which is not required to be platted at the time of application for a building permit pursuant to the City's subdivision regulations prior to development, Assessment of Roadway Impact Fees shall occur at the time application is made for the building permit, and shall be the amount of the Maximum Assessable Roadway Impact Fee per Service Unit as set forth in Exhibit 13. Schedule I then in effect. C. For New Development which is submitted for approval pursuant to the City's subdivision regulations or which is proposed for replatting on or after the effective date of this Ordinance,Assessment of Impact Fees shall be at the time of final plat or replat approval, and shall be the amount of the Maximum Assessable Roadway Impact Fee per Service Unit as set forth in Exhibit B Schedule 1. then in effect. D, Following Assessment of the Impact Fee pursuant to this Section,the amount of the Impact Fee Assessment per Service Unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or other development application that results in approval of additional Service Units,in which case a new Assessment shall occur at the Exlmibit II S hedi le 1. rate then in effect for such additional Service Units. E. The Director of Engineering or his or her designee shall compute the Roadway Impact Fees for New Development by first determining whether the New Page 6 of 18 Fiscal Year 2023-2024 Rate Book 240 Development is eligible for Credits calculated in accordance with this Ordinance, which would further reduce Impact Fees otherwise due in whole or in part. The total amount of Impact Fees for the New Development shall be attached to the development application as a condition of approval. F. Approval of an amending plat pursuant to Tex. Loc. Gov't Code, Section 212.016 and the City's subdivision regulations is not subject to reassessment for an Impact Fee. G. For the following uses in Table 10 of Exlii ail + , Land Use/Vehicle-Mile Equivalency Table (LUVMET) of the Roadway Impact Fee Study, the maximum Service Unit charge will be capped at 1.92 vehicle miles per development unit: General Light Industrial, General Heavy Industrial, and Industrial Park. SECTION 12 h;� cmktioM �...t�o lalrt t l�am5. The following are exempt from the applicability of this Ordinance: A. Pursuant to Tex. Loc. Gov't Code Section 395.022, as amended, a public school district is not required to pay Roadway Impact Fees imposed under this Ordinance unless the board of trustees of the district consents to the payment of the fees by entering a contract with the City imposing the fees. B, A change in use that generates less than 10 times the number of Service Units attributable to the immediately preceding use is exempt from the payment of Impact Fees. SECTION 13. :"11tit cal' L rl act,l°erg . Roadway Impact Fees shall be collected in the following manner; however, the City has the ability to require construction greater than the Roadway Impact Fee Collection Rate for amounts up to the Maximum Assessable Roadway Impact Fee: A. The Roadway Impact Fee Collection Rate shall be paid at the time the City issues a building permit for a New Development. B. For properties requiring a plat, the Roadway Impact Fee Collection Rate to be paid and collected per Service Unit for New Development shall be the amount listed in Exhibit 11,aSched gly 2 in effect at the time of final plat approval for up to a one-year period following such final plat approval. After the one-year period has expired,the Roadway Impact Fee Collection Rate shall be paid according to the current amount listed in Exhibit 13 Scliedule 2 then in effect. C. For properties that do not require the filing of a plat, the Roadway Impact Fee Collection Rate shall be paid and collected per Service Unit for New Development in the amount listed in Xhibit. II Schedule 2 in effect at the time that the building permit is filed. Page 7 of 18 Fiscal Year 2023-2024 Rate Book 241 D, If the building permit for which an Impact Fee has been paid has expired, and a new application is thereafter filed, the Roadway Impact Fee Collection Rate shall be computed using Exhibit it B Scliedule in effect at the time of the new application, with Credits for previous payment of Impact Fees being applied against the new Impact Fees due. E. Whenever the property owner proposes to increase the number of Service Units for a development,the additional Impact Fees collected for such new Service Units shall be determined by using l x1flbit B Schedide 2 in effect at the time of the request, and such additional fee shall be collected at the times prescribed by this section. F. The City may vary the rates of collection or amount of Roadway Impact Fees per Service Unit among or within Service Areas in order to reasonably further goals and policies affecting the adequacy of roadway facilities serving New Development, or other regulatory purposes affecting the type, quality, intensity, economic development potential or development timing of land uses within such Service Areas. G. The Maximum Assessable Roadway Impact Fee per Service Unit for Roadway Facilities, as may be amended from time to time, hereby is declared to be an approximate and appropriate measure of the impacts generated by a new unit of development on the City's Roadway System. To the extent that the Roadway Impact Fee Collection Rate charged against a New Development, as may be amended from time to time,is less than the Maximum Assessable Roadway Impact Fee per Service Unit assessed, such difference hereby is declared to be founded on policies unrelated to measurement of the impacts of the New Development on the City's roadway system. The Maximum Assessable Roadway Impact Fee may be used in evaluating any claim by a property owner that the dedication or construction of a Capital Improvement within a Service Area imposed as a condition of development approval pursuant to the City's subdivision or development regulations is disproportionate to the impacts created by the development on the City's Roadway System. SECTION 14. Credits i laips jjjp�L-Fecs. The City may credit the contribution of land, improvements or funding for construction of any System Facility that is required or agreed to by the City, pursuant to rules established in this section or pursuant to administrative guidelines promulgated by the City with the following limitations: A. The Credit shall be associated with the plat or other detailed plan of development for the property that is to be served by the Roadway Facility. B. Master Planned Community projects, including subdivisions containing multiple phases, and whether approved before or after the effective date of these Impact Fee regulations,may apply for Credits against Roadway Impact Fees for the entire project based upon contributions of land, improvements or funds toward construction of system facilities,or other Roadway Capital Improvements supplying excess capacity. Credits shall be determined by comparing costs of Roadway Capital Improvements Page 8of18 Fiscal Year 2023-2024 Rate Book 242 supplied by the project with the costs of Roadway Capital Improvements to be utilized by development within the project,utilizing a methodology approved by the City. The Credit determination shall be incorporated within an agreement for Credits, in accordance with this Ordinance. The Roadway requirements of an agreement for Credits shall not be less than what is required by the Denton Development Code. C. The City's current policies and regulations shall apply to determine a New Development's obligations to construct adjacent System Facilities. The obligation to construct,however,shall not exceed the Maximum Assessable Roadway Impact Fee assessed against the New Development under Exid pit 1I Sebed ule I. Construction required under such policies and regulations shall be a Credit against the amount of Impact Fees otherwise due. If the costs of constructing a System Facility in accordance with the current City policies and regulations are greater than the amount of the Roadway Impact Fee Collection Rate due,the amount of the Credit due shall be deemed to be 100% of the assessed Impact Fees and no Impact Fee shall be collected thereafter for the development, unless the number of Service Units is subsequently increased. D, All Credits against Roadway Impact Fees shall be based upon standards promulgated by the City, which may be adopted as administrative guidelines, including the following standards: (1) No Credit shall be given for the dedication or construction of Site-related Facilities. (2) No Credit shall be given for a Roadway Facility which is not identified within the Roadway Impact Fee Capital Improvements Plan,unless the facility is on or qualifies for inclusion on the Mobility Plan and the City agrees that such improvement supplies capacity to New Developments other than the development paying the Roadway Impact Fee and provisions for Credits are incorporated in an agreement for Credits pursuant to this Ordinance. (3) In no event will the City grant a Credit when no Roadway Impact Fees can be collected pursuant to this Ordinance or for any amount exceeding the Roadway Impact Fee Collection Rate due for the development, unless expressly agreed to by the City in writing. (4) The City may participate in the costs of a System Facility to be dedicated to the City, including costs that exceed the amount of the Impact Fees due for the development, in accordance with policies and rules established by the City. The amount of any Credit for construction of a System Facility shall be reduced by the amount of any participation funds received from the City. Page 9 of 18 Fiscal Year 2023-2024 Rate Book 243 (5) Where funds for Roadway Facilities have been escrowed under an agreement that was executed with the City prior to the effective date of this Ordinance, the following rules apply: (a) Funds expended under the agreement for Roadway Facilities shall first be credited against the amount of Roadway Impact Fees that would have been due under Exhibit I Schedule 2 for those units of development for which building permits already have been issued; (b) Any remaining funds shall be credited against Impact Fees due for the development under Ex1flbit II' Schedyle 2 at the time building permits are issued. E. Credits for construction of Capital Improvements shall be deemed created when the Capital Improvements are completed and the City has accepted the facility, or in the case of Capital Improvements constructed and accepted prior to the Effective Date of this Ordinance,on such effective date. Credits created after the Effective Date of this Ordinance shall expire ten(10)years from the date the Credit was created. Credits arising prior to such Effective Date shall expire ten (10) years from such effective date. Upon application by the property owner, the City may agree to extend the expiration date for the Credit on mutually agreeable terms. F, Unless an agreement for Credits, as described herein, is executed providing for a different manner of applying Credits against Roadway Impact Fees due, a Credit associated with a plat shall be applied at the time of application for the first building permit and,at each building permit application thereafter,to reduce Impact Fees due until the Credit is exhausted. G. An owner of a New Development who has constructed or financed a Roadway Capital Improvement or Roadway Facility expansion designated in the Roadway Impact Fee Capital Improvements Plans,or other Roadway Capital Improvement that supplies excess capacity, as required or authorized by the City, shall enter into an agreement with the City to provide for Credits against Roadway Impact Fees due for the development in accordance with this paragraph. The agreement shall identify the basis for and the method for computing and the amount of the Credit due and any reduction in Credits attributable to consumption of road capacity by developed lots or tracts served by the Roadway Capital Improvements. For multi-phased projects, the City may require that total Credits be proportionally allocated among the phases. If authorized by the City, the agreement also may provide for allocation of Credits among New Developments within the project, and provisions for the timing and collection of Impact Fees. SECTION 15. Use of Procccds try'lni)act 1, c Accounts, The Roadway Impact Fees collected for each Service Area pursuant to these regulations may be used to finance or to recoup the costs of any roadway improvements or facility expansions identified in the Roadway Impact Fee Capital Page 10 of 18 Fiscal Year 2023-2024 Rate Book 244 Improvements Plan for the Service Area,including but not limited to the construction contract price, surveying and engineering fees, and land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees). Roadway Impact Fees may also be used to pay the principal sum and interest and other finance costs on bonds,notes or other obligations issued by or on behalf of the City to finance such roadway improvements or facility expansions. Roadway Impact Fees also may be used to pay fees actually contracted to be paid to an independent qualified engineer or financial consultant for preparation of or updating the Roadway Impact Fee Capital Improvements Plan. Impact Fees collected may not be used to pay for the expenses prohibited by Statute. SECTION 16. Fsuibl 1-uimnent of Accounts. The City's Finance Department shall establish an account to which interest is allocated for each Service Area for which a Roadway Impact Fee is imposed pursuant to this Ordinance. Each Impact Fee collected within the Service Area shall be deposited in such account with the following regulations: A. Interest earned on the account into which the Impact Fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in this Ordinance and the Statute. B. The City's Finance Department shall establish adequate financial and accounting controls to ensure that Roadway Impact Fees disbursed from the account are utilized solely for the purposes authorized in this Ordinance and the Statute.Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Ordinance; provided, however, that any Roadway Impact Fee paid shall be expended within a reasonable period of time,but not to exceed ten (10) years from the date the fee is deposited into the account. C. The City's Finance Department shall maintain and keep financial records for Roadway Impact Fees, which shall show the source and disbursement of all fees collected in or expended from each Service Area. The records of the account into which Impact Fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. SECTION 17 11 1-1act 1 ee as Additmiotial gticl SLu1Mlertteptal Reg,tilattiori. Roadway Impact Fees established by these regulations are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or certificates of occupancy. Such Impact Fees are intended to be consistent with and to further the policies of the Denton Plan, the Capital Improvements Plan, the zoning ordinances, subdivision regulations and other City policies,ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. This Ordinance shall not affect, in any manner,the permissible use of property, density of development, design,and improvement standards and requirements,or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations and policies of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. Page 11 of 18 Fiscal Year 2023-2024 Rate Book 245 SECTION 18. (JLc alcw t m]'laps atidmmmvision of Fees, The City shall update its Land Use Assumptions and Capital Improvements Plan and make any revision of fees as indicated below: A. The City shall update its Land Use Assumptions and Roadway Impact Fee Capital Improvements Plans and shall recalculate the Roadway Impact Fees based thereon in accordance with the procedures set forth in Texas Local Gov't Code, Ch. 395, or in any successor statute. However, this does not preclude the City from reviewing its Land Use Assumptions,Roadway Impact Fee Capital Improvements Plans,Roadway Impact Fees, and other factors such as market conditions more frequently than provided for herein to determine whether the Land Use Assumptions and Roadway Capital Improvements Plans should be updated and the Roadway Impact Fees recalculated accordingly, utilizing statutory update procedures. B. Exhibit B, Schedule 2 may be amended without revising the Land Use Assumptions and Roadway Capital Improvements Plans at any time prior to the update provided for in this Section, provided that the Roadway Impact Fee Collection Rate to be collected under Exhibit 11 Schedule 2 do not exceed the Maximum Assessable Roadway Impact Fees assessed under Exhibit Ili-Schedule, 1. C. If, at the time an update is required as indicated herein and the City Council determines that no change to the Land Use Assumptions, Roadway Impact Fee Capital Improvements Plan or Roadway Impact Fees are needed, it may dispense with such update by following the procedures in Texas Local Gov't Code, Section 395.0575 or its successor statute. D. The City may amend any other provisions of this Ordinance in accordance with procedures for ordinance amendments contained in the City's Charter or State law. SECTION 19. Refunds A. Upon application, any Roadway Impact Fee or portion thereof collected pursuant to this Ordinance,which has not been expended within the Service Area within ten(10) years from the date of payment,shall be refunded to the record owner of the property for which the Impact Fee was paid or, if the Impact Fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Sec. 302.002, Tex. Fin. Code, or its successor statute. The application for refund pursuant to this section shall be submitted within sixty(60)days after the expiration of the ten-year period for expenditure of the Impact Fee. An Impact Fee shall be considered expended on a first-in, first out basis. B. An Impact Fee collected pursuant to this Ordinance shall also be considered expended if the total expenditures for Capital Improvements or Roadway Facility expansions authorized within the Service Area within ten (10) years following the Page 12 of 18 Fiscal Year 2023-2024 Rate Book 246 date of payment exceeds the total fees collected within the Service Area for such improvements or expansions during such period. C. If a refund is due pursuant to Subsections A or B,the City shall divide the difference between the amount of expenditures and the amount of the Impact Fees collected by the total number of Service Units assumed within the Service Area for the period to determine the refund due per Service Unit. The refund to the record owner shall be calculated by multiplying the refund due per Service Unit by the number of Service Units for the development for which the fee was paid, and interest due shall be calculated upon that amount. SECTION 20. Rebates. If the building permit for a New Development for which a Roadway Impact Fee has been paid has expired, and a modified or new application has not been filed within six (6) months of such expiration,the City shall,upon written application,rebate the amount of the Impact Fee to the record owner of the property for which the Impact Fee was paid. If no application for rebate pursuant to this subsection has been filed within this period, no rebate shall become due. SECTION 21. je tS . The property owner or applicant for New Development may appeal the applicability or amount of the Roadway Impact Fee or the availability or amount of Credits or Refunds to the City Council using the following procedure; A. The burden of proof shall be on the applicant to demonstrate that relief should be granted by the City. B. The applicant must file a written notice of appeal with the City Manager or his/her designee within thirty(30) days following the decision being appealed. Along with the notice of appeal, an applicant may request an alternative Service Unit computation for land uses not contained with the latest edition of the ITE Trip Generation Manual by submitting a trip generation study demonstrating the appropriateness of the trip generation rates for the proposed development. An applicant may also include an alternative Service Unit calculation. C. The City Manager or his/her designee("Manager")may(1)resolve the appeal,if the applicant agrees with the Manager's decision, or(2) if the applicant does not agree, refer the matter to the City Council for decision, along with the Manager's recommendation and any trip generation study provided, if any. D. If City Council review is requested by the applicant after receiving the Manager's decision, the City Secretary shall schedule a public hearing at which the applicant may present testimony and evidence before the City Council. The City Council shall act on the appeal within 60 days of receipt of the notice of appeal by the City,unless otherwise agreed by the Applicant. E. If the notice of appeal is accompanied by a payment or other security satisfactory to the City Attorney in an amount equal to the original determination of the Roadway Page 13 of 18 Fiscal Year 2023-2024 Rate Book 247 Impact Fee due, the City shall process and may issue a building permit if other requirements are met while the appeal is pending. F. If the City Council allows for a different amount of the Roadway Impact Fee due for a New Development under this section to be paid, it may cause to be appropriated from other City funds the amount of the reduction in the Impact Fee to the account for the Service Area in which the property is located. SECTION 22. Severability. If any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 23. Conflicts.This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances for the City of Denton,Texas,as amended, except where provisions of this Ordinance are in direct conflict with the provisions of such ordinances or such Code,in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 24 1"'l ect ve .Date. This Ordinance shall take effect on July 5,2016 or immediately from and after its passage �._.. and publication in accordance with the provisions of the Texas Local Government Code, whichever is later, and it is accordingly so ordained. PASSED AND APPROVED this the _day of , 2016. �l C1,(1�. 1,�1, t11R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: .. :.. A l'N'[ (. V l.ID� AS �O LEGAL FORM: ANITA , URGESS, CITY ATTORNEY BY: ..� Page 14 of 18 Fiscal Year 2023-2024 Rate Book 248 EXHIBIT A (ROADWAY IMPACT FEE STUDY) Page 15 of 18 Fiscal Year 2023-2024 Rate Book 249 EXHIBIT B SCHEDULEI MAXIMUM ASSESSABLE ROADWAY IMPACT FEE PER SERVICE UNIT Exhibit B - Schedule 1 Service Areas Maximum Assessable Roadway Impact Fee Per Service Unit Service Area A $ 2,200 Service Area B $ 1?260 Service Area C $ 2,184 Service Area D $ 1,945 Service Area E $ 2,241 SCHEDULE2 ROADWAY IMPACT FEE COLLECTION RATE PER SERVICE UNIT Exhibit B-Schedule 2 Roadway Impact Fee Collection Rate Per Service Unit Assessment Properties platted on orbefore 7/4/2016;and On or after 7/5/2016;and Date Building Permit Application On or before 7/4/2017 On or after 7/5/2017 On or after 7/5/2016 Date Land Use Type Land Use Type Land Use Type Service Areas Residential Non-Residential Residential Non-Residential Residential Non-Residential A $408.16 $306.12 $408.16 $306.12 B $408.16 $306.12 $408.16 $306.12 c No Roadway Impact Fee Due $408.16 $306.12 $408.16 $306.12 D $408.16 $306.12 $408.16 $ 06.12 E $408.16 $306.12 $408.16 $306.12 Page 16 of 18 Fiscal Year 2023-2024 Rate Book 250 EXHIBIT C (LAND USE EQUIVALENCY TABLE) Page 17 of 18 Fiscal Year 2023-2024 Rate Book 251 Exhibit C-Land Use Equivalency Table TIE NILES NCICOG Max Trip Veh Mi "Trip Gen Pass- Adj. Adj.Trip Land Pass-by Trip Trip Trip Length Per Dev' Land Use Category Development Unit Rate by For Length ise Source Rate Length Length (mi) Unit Code (P" Rate (mi) (mi) O-D (mi) PORT AND TERMLNAL Truck Temunal 030 Acre 6.55 6.55 14.65 10.02 50% 7.32 600 3930 LNDLSTRIAL General Light Industrial 110 1,000 SF GFA 0.97 0.97 14.65 10.02 50% 7.33 6.00 582 General Heavy Industrial 120 1,000SFGFA 0.68 0.68 14.65 10.02 50% 7.33 600 -408 Industrial Park 130 1,000 SF GFA 0.85 0.85 14.65 10.02 50% 7.33 6.00 7510 Warehousing 150 1,000 SF GFA 0.32 0.32 14.65 10.83 50% 7.33 6.00 -192 Mini-Warehouse 151 1,000 SF GFA 0.26 0.26 14.65 10.83 50% 7.33 6.00 1 56 RESIDENTIAL Single-Family Single-Fairily Detached Housing 210 Dwelling Unit 1.00 1.00 9.79 17.21 50% 4.90 490 490 Apartment/Multi-fitimily 220 Dwelling Unit 0.62 0.62 9.79 17.21 50% 4.90 490 -304 Residential Condolumium/Townhome 230 Dwelling Unit 0.52 0.52 9.79 17.21 50% 4.90 490 255 1 SeniorAdult Housing-Detached 251 Dwelling Unit 0.27 0.27 9.79 17.21 50% 4.90 490 132 SeniorAdult Housing-Attached 252 Dwelling Unit 0.25 0.25 9.79 17.21 50% 4.90 490 5123 '. Assisted Living 254 Beds 0.22 0.22 9.79 17.21 50% 4.90 490 5108 LODGLNG Hotel 310 Room 0.60 0.60 6.43 6.43 50% 3.22 322 193 Motel/OtherLodging Facilities 320 Room 0.47 0.47 6.43 6.43 50% 3.22 322 1 151 RECREATIONAL GolfDriving Range 432 Tee 1.25 1.25 7.86 6.43 50% 3.93 393 491 GolfCourse 430 Acre 0.30 0.30 7.86 6.43 50% 3.93 393 118 Recreational Community Center 495 1,000 SF GFA 2.74 2.74 7.86 6.43 50% 3.93 3.93 1077 Ice Skating Rink 465 1,000 SF GFA 2.36 2.36 7.86 6.43 50% 3.93 3.93 927 Miniature Golf Course 431 Hole 0.33 1 1 0.33 7.86 6.43 50% 3.93 393 130 Multiplex Movie Theater 445 Screens 13.64 13.64 7.86 6.43 50% 3.93 3.93 53.61 Racquet/Tennis Club 491 Court 3.35 3.35 7.86 6.43 50% 3.93 3.93 1317 (. ]INSTITUTIONAL Church 560 1,000 SF GFA 0.55 0.55 8.31 4.20 50% 4.16 4.16 229 Da Care Center 565 1,000 SF GFA 12.34 44% B 6.91 3.49 4.20 50% 1.75 1.75 1209 Prima /Middle School 1-8 522 Students 0.16 0.16 3.49 4.20 50% 1.75 175 -A 28 ). High School 530 Students 0.13 0.13 3.49 4.20 50% 1.75 175 -023 Junior/Community College 540 Students 0.12 0.12 10.44 4.20 50% 5.22 5.22 -0 63 University/College 550 Students 0.17 1 0.17 10.44 4.20 50% 5.22 5.22 -0 89 MEDICAL Clinic 630 1,000 SF GFA 5.18 5.18 9.85 7.55 50% 4.93 4.93 2554 F Hos ita1 610 1 1,000SFGFA 0.93 0.93 9.85 7.55 50% 4.93 493 -458 Nursing Home 620 Beds 0.22 0.22 9.85 7.55 50% 4.93 493 fl o8 AnimalHospital/Veterinary,Clinic 640 1,000 SF GFA 4.72 30% B 3.30 9.85 7.55 50% 4.93 493 1627 OFFICE Corporate Headquarters Building 714 1,000 SF GFA 1.41 1.41 14.65 10.92 50% 7.33 6.00 846 General Office Building 710 1,000 SF GFA 1.49 1.49 14.65 10.92 50% 7.33 6.00 ':8 94 Medical-Dental Office Building 720 1,000SFGFA 3.57 3.57 9.85 10.92 50% 4.93 493 1760 Single Tenant Office Budding 715 1,000 SF GFA 1.74 1.74 14.65 10.92 50% 7.33 6.00 10,14 Office Park 750 1,000 SF GFA 1.48 1.48 14.65 10.92 50% 7.33 6.00 8 88 COMMERCIAL Automobile Related Automobile Care Center 942 1,000 SF Occ.GLA 3.11 40% B 1.87 4.45 6.43 50% 2.23 2.23 417 Automobile Parts Sales 843 1,000 SF GFA 5.98 43% A 3.41 4.45 6.43 50% 2.23 2.23 '7 60 Gasoline/Service Station 944 Vehicle Fueling Position 13.87 42% A 8.04 1.20 1.20 50% 0.60 0.60 74 82 Gasoline/Service Station w/Conv Market 945 Vehicle Fueling Position 13.51 56% B 5.94 1.20 1.20 50% 0.60 0.60 -3 56 Gasoline/Service Station w/Conv Market and Car W ash 946 Vehicle Fueling Position 13.86 56% A 6.10 1.20 1.20 50% 0.60 0.60 -3 66 New Car Sales 841 1,000 SF GFA 2.62 20% B 2.10 4.45 6.43 50% 2.23 2.23 -4 68 Quick Lubrication Vehicle Shop 941 Servicing Positions 5.19 40% B 3.11 4.45 6.43 50% 2.23 2.23 -b 94 Self-Service Car W ash 947 Stall 5.54 40% B 3.32 1.20 1.20 50% 0.60 0.60 1 99 Tire Store 848 1,000 SF GFA 4.15 28% A 2.99 4.45 6.43 50% 2.23 2.23 -b 67 Dining Fast Food Restaurant with Drive-Thru Window 934 1,000 SF GFA 32.65 50% A 16.33 5.64 4.79 50% 2.82 2.82 4605 Fast Food Restaurant without Drive-Thru Window 933 1,000 SF GFA 26.15 50% B 13.08 5.64 4.79 50% 2.82 2.82 3689 High Tumover(Sit-Down)Restaurant 932 1,000 SF GFA 9.85 43% A 5.61 6.07 4.79 50% 3.04 3.04 1705 IS Quality Restaurant 931 1,000 SF GFA 7.49 44% A 4.19 6.07 4.79 50% 3.04 3.04 1274 F Coffee/Donut Shop with Drive-Thm Window 937 1,000 SF GFA 42.80 70% A 12.84 4.53 4.79 50% 2.27 2.27 2915 '.'. Other Retail Free-Standing Dis count Store 815 1,000 SF GFA 4.98 30% C 3.49 5.60 6.43 50% 2.80 2.80 977 Nurse Garden Center 817 1,000 SF GFA 6.94 30% B LM 5.60 6.43 50% IN 2 80 S13 61 Home Improvement Superstore 862 1,000 SF GFA 2.33 48% A 1.21 5.60 6.43 50% 2.80 2.80 3.39 Phammac/Dri store w/o Drive-Thru Window 880 1,000 SF GFA 8.40 53% A 3.95 5.60 6.43 50% 2.80 2.80 1106 Pharmic/Dri store w/Drive-Thru Window 881 1,000 SF GFA 9.91 49% A 5.05 5.60 6.43 50% 2.80 2.80 51414 F Shopping Center 820 1,000 SF GLA 3.71 34% A 2.45 5.60 6.43 50% 2.80 2.80 -b 86 Supermarket 850 1,000 SF GFA 9.48 36% A 6.07 5.60 6.43 50% 2.80 2.80 1700 To/Chddren's Superstore 864 1,000 SF GFA 4.99 30% B 3.49 5.60 6.43 50% 2.80 1 2.80 977 Department Store 875 1,000 SF GFA 1.87 30% B 1.31 5.60 6.43 50% 2.80 2.80 -3 67 SERVICES Walk-In Bank 911 1,000 SF GFA 12.13 40% B 7.28 4.45 3.39 50% 2.23 2.23 16.23 Drive-hi Batik912 Drive-in Lanes 33.24 1 47% A 17.62 4.45 3.39 50% 2.23 223 3929 S Hair Salon 918 1,000 SF GLA 1.45 1 30% B 1 1.02 1 4.45 1 3.39 50% 2.23 2.23 227 r Key to Sources of Pass-by Rates: A:ITE Trip Generation Handbook 3rd Edition(August 2014) B:Estimated by Kim ley-Hom based on ITE rates for similar categories C:ITErateadjustedupk dby KHAbasedon logicalrelationship to other categories Page 18 of 18 Fiscal Year 2023-2024 Rate Book 252 ORDINANCE NO. 19-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS UPDATING IMPACT FEES BY AMENDING CHAPTER 26, "UTILITIES," SECTION 26-210 THROUGH SECTION 26-232 OF THE CITY OF DENTON CODE OF ORDINANCES; ADOPTING REVISED LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLANS FOR WATER AND WASTEWATER IMPACT FEES; ESTABLISHING NEW SERVICE AREAS FOR WATER AND WASTEWATER IMPACT FEES; ESTABLISHING NEW MAXIMUM IMPACT FEES PER SERVICE UNIT AND IMPACT FEES TO BE COLLECTED; CREATING SCHEDULES FOR THE ASSESSMENT AND COLLECTION OF IMPACT FEES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR EACH VIOLATION THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code, Chapter 395 authorizes a city to adopt and amend impact fees for the purpose of financing capital improvements required by new development; and WHEREAS, the City Council of the City of Denton, Texas in accordance with State law, initially enacted water and wastewater impact fees in accordance with Ordinance No. 98-301, dated on the September 15, 1998; and WHEREAS, the City Council, in accordance with State law, then enacted water and wastewater impact fees in accordance with Ordinance No. 2003-137 which was adopted by the City Council on May 13, 2003, and effective as of May 29, 2003; and then enacted Ordinance No. 2004- 183, nune pro tune on July 20, 2004, and effective as of August 4, 2004 in order to properly recite several provisions that were inadvertently omitted or misstated from the above-referenced Ordinance No. 2003-137; and then enacted Ordinance No. 2008-156 which was adopted by the City Council on the July 15, 2008, and effective as of July 29, 2008 establishing new maximum fees and establishing a new service area for Water impact fees; and WHEREAS,the City Council of the City of Denton,Texas in accordance with State law,then enacted water and wastewater impact fees in accordance with Ordinance No. 2013-326 on November 19, 2013; and WHEREAS, five (5) years has passed since the Council considered impact fees, and it is now appropriate and lawfully required that the City once again address the issues of Land Use Assumptions and a Capital Improvements Plan, as well as the subject of Amended Water and Wastewater Impact Fees; and WHEREAS,the City Council in accordance with law desires to update its impact fee program by amending land use assumptions, service areas, capital improvements plans and impact fees for water and wastewater facilities; and WHEREAS, the City Council of the City of Denton, Texas has duly appointed a Capital Improvements Advisory Committee(the"Committee")by Ordinance No. 18-411 on March 20,2018; Fiscal Year 2023-2024 Rate Book 253 the Council has received written comments as required by law from such Committee, on November 29, 2018; and has adopted Land Use Assumptions and a Capital Improvements Plan for amended water and wastewater impact fees all in accordance with the requirements of Texas Local Government Code, Chapter 395; and WHEREAS, the City Council of the City of Denton, Texas also received a recommendation of the Denton Public Utilities Board (the "Board"), an advisory Board, to consider the impact fees and the zones set forth below in this ordinance, which recommendation was obtained in an open meeting of the Board on October 8, 2018; and WHEREAS, on December 18, 2018, after due notice being issued in accordance with State law, a public hearing of the City Council was convened during the regularly called City Council meeting regarding the subject of the land use assumptions, capital improvements plans, and amended impact fees; and WHEREAS, the City Council of the City of Denton, Texas, having complied with all applicable substantive and procedural requirements of Texas Local Government Code, Chapter 395; considering the comments of the Capital Improvements Advisory Committee; considering the recommendation of the Public Utilities Board; and after due deliberation and consideration finds it necessary and appropriate and in the public interest to establish water and wastewater impact fees, and to establish amended water and amended wastewater impact fees to pay the costs of certain capital improvements for new development; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preambles to this Ordinance are hereby found and declared to be true and correct. SECTION 2. The Capital Improvements Plan for Water and Wastewater Impact Fees is hereby amended, as set forth in Exhibit"A," which is attached hereto and incorporated by reference herewith. SECTION 3. The Land Use Assumptions for Water and Wastewater Impact Fees hereby are amended as set forth in Exhibit"A,"which is attached hereto and incorporated by reference herewith. SECTION 4. Chapter 26 of the Code of Ordinances of the City of Denton, Texas, entitled "Utilities," is hereby amended, which shall hereafter read as follows: CHAPTER 26: UTILITIES ARTICLE VI. IMPACT FEES Sec. 26-210. Short Title. This Article shall be known and cited as the "Denton Impact Fee Ordinance." Sec. 26-211. Statement of Purpose. Fiscal Year 2023-2024 Rate Book 254 This Article is intended to assure the provision of adequate public facilities to serve new development in the City by requiring each development to pay its proportional share of the costs of such improvements necessitated by and attributable to such new development as related to water and wastewater capital improvements. Sec. 26-212. Authority. This Article is adopted pursuant to Chapter 395 of the Texas Local Government Code and pursuant to the Denton Charter. The provisions of this Article shall not be construed to limit the powers of the City to utilize other methods authorized under state law, or pursuant to other City powers to accomplish the purposes set forth herein,either in substitution or in conjunction with this Article. The effective date of this Article is September 15, 1998. See. 26-213. Definitions. The following words,terms and phrases, as used in this Article, shall have the meanings respectively ascribed to them in this Section, unless the context clearly indicates otherwise: (1) Area-related facility means a capital improvement or facility expansion which is designated in the Impact Fee Capital Improvements Plan and which is not a site-related facility. Area-related facility may include a capital improvement,which is located offsite,within,or on the perimeter of the development site. (2) Assessment means the determination of the amount of the maximum impact fee per service unit that can be imposed on new development pursuant to this Article. (3) Capital improvement means any water supply; or treatment, transmission, pumping and storage facilities; or wastewater treatment and conveyance facilities that have a life expectancy of three (3) or more years, and are owned and operated by or on behalf of the City. (4) Director means the Director of Water or Wastewater Utilities,or General Manager of Utilities for the City of Denton, or his or her designee. (S) Facility expansion means the expansion of the capacity of any existing facility for the purpose of serving new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to serve existing development. (6) Impact fee capital improvements plan means the adopted plan for a service area, as may be amended from time to time, which identifies the water facilities or wastewater facilities and their associated costs which are necessitated by and which are attributable to new development,for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water or wastewater impact fees pursuant to this Chapter 26, Article VI. (7) Land use assumptions means the projections of population and employment growth and associated changes in land uses, densities and intensities for a service area adopted by the City, as may be amended from time to time, upon which the impact fee capital improvements plan for the Fiscal Year 2023-2024 Rate Book 255 service area is based. (8) New development means an activity involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, which has the effect of increasing water or wastewater demand, measured by an increase in the number of the service units utilizing the City's water or wastewater system that are attributable to such activity, and which requires either the approval and filing of a plat,or a re-plat pursuant to the City's subdivision regulations, or the issuance of a building permit, or a utility connection. (9) Service area means a geographic area within the City or within the City's extraterritorial jurisdiction, within which impact fees for water or wastewater facilities may be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements identified in the type of capital improvements plan applicable to the servlce area. (10) Service unit means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards, for a particular category of capital improvements or facility expansions. For water and wastewater facilities, the service unit shall constitute the basis for establishing equivalency within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute for a 3/4-inch diameter simple water meter. (11) Single-family equivalency ("SFE') means an equivalency factor, based on the demand associated with the smallest water meter used in the City of Denton, Texas utility system. SFE's are utilized to establish the number of service units to be allocated to various meter sizes used in the City of Denton, Texas Water and Wastewater utilities system. (12) Site-related facility means an improvement or facility which is for the primary use or benefit of a new development and/or which is the for the primary purpose of safe and adequate provision of water and wastewater facilities to serve the new development and which is not included in the impact fee capital improvements plan and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (13) Small residential housing unit means a single-family residence of less than 1,300 square feet on a lot of less than 6,000 square feet. (14) Utility connection means connection of an individual meter to the City's water or wastewater system, or an increase in the size of an existing meter. Sec. 26-214. Impact fee as condition of development approval. No new development shall be connected to the City's water or wastewater system within the service Fiscal Year 2023-2024 Rate Book 256 area without the assessment of an impact fee pursuant to this Article,and no building permit or request for service shall be issued until the applicant has paid the impact fee imposed herein, except for those entities that are expressly exempt from impact fees as set forth in Texas Local Government Code, Chapter 395. Sec. 26-215. Land use assumptions. (a) Said land use assumptions for the City shall be updated at least every five (5) years utilizing the amendment procedure set forth in Texas Local Government Code, Chapter 395. (b) Amendment to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities and population for the service area over at least a ten(10) year period. Sec. 26-216. Water impact fee service area. There are hereby established three (3) water impact fee service areas, to include all land within the City and its extraterritorial jurisdiction, the boundaries of which are depicted in Exhibit A, which Exhibit is attached hereto and incorporated by reference herein. Sec. 26-217. Wastewater impact fee service areas. There is hereby established one (1) wastewater impact fee service area, to include all land within the City and its extraterritorial jurisdiction, the boundaries of which are depicted in Exhibit A, which Exhibit is attached hereto and incorporated by reference herein. See. 26-218. Determination of service units. The number of service units for both water or wastewater impact fees shall be determined by using the land use, and the service unit equivalencies table which converts the demands for water or wastewater improvements generated by typical land uses to water meter size, and which table is included within Exhibit B and incorporated by reference herein. Sec. 26-219. Impact fees per service unit. (a) Maximum impact fees per service unit for each service area shall be established by category of capital improvements. The maximum impact fee per service unit for each service area for each category of capital improvement shall be computed in the following manner: (1) For each category of capital improvements,calculate the total projected costs of capital improvements necessitated by and attributable to new development in the service area identified in the impact fee capital improvements plan; (2) From such amount, subtract a credit in the amount of that portion of utility service revenues,if any,including the payment of debt,to be generated by new service units during the period the capital improvements plan is in effect, including the payment of debt, associated with the capital improvements in the plan; Fiscal Year 2023-2024 Rate Book 257 (3) Divide the resultant amount by the total number of service units anticipated within the service area, based upon the land use assumptions for that service area. (b) The maximum impact fee per service unit for water or wastewater facilities by service area shall be as set forth in Schedule 1, which is attached hereto and incorporated herein by reference. Schedule 1 shall be used to assess impact fees. Schedule 1 may be amended from time to time utilizing the amendment procedure set forth in Section 26-228. (c) The impact fee per service unit which is to be paid by each new development within a service area shall be as set forth in Schedule 2,which is attached hereto and incorporated by reference, and shall be an amount less than or equal to the maximum impact fee per service unit established in Schedule 1. Schedule 2 may be amended from time to time utilizing the amendment procedure set forth in Section 26-228. Sec. 26-220. Assessment of impact fees. (a) Assessment of impact fees for any new development in all of the Denton Water and Wastewater Service Areas shall be made as follows: (1) For land which is unplatted at the time of application for a building permit or utility connection, or for a new development which received final plat approval prior to the effective date of this Article, and for which no re-platting is necessary pursuant to the City's subdivision regulations prior to development, assessment of impact fees shall occur at the time application is made for the building permit or utility connection,whichever first occurs,and shall be the amount of the maximum impact fee per service unit in effect, as set forth in Schedule 1. (2) For a new development which is submitted for approval pursuant to the City's subdivision regulations on or after the effective date of this Article, or for which re-platting results in an increase in the number of service units after such date, assessment of impact fees shall be at the time of final plat recordation, and shall be the amount of the maximum impact fee per service unit in effect as set forth in Schedule 1. (b) Following assessment of impact fees pursuant to subsection (a), the amount of impact fee assessment per service unit for that development cannot be increased, unless the owner proposes to change the approved development by the submission of a new application for final plat approval or other development application that results in approval of additional service units, in which case a new assessment shall occur at the Schedule 1 rate then in effect for such additional service units. (c) Following the vacating of any plat or approval of any re-plat, a new assessment must be made in accordance with subsection (a)(2). (d) An application for an amending plat made pursuant to Texas Local Government Code §212.016 and the City of Denton Subdivision Ordinance, and for which no new development is proposed, is not subject to reassessment for an impact fee. Fiscal Year 2023-2024 Rate Book 258 Sec. 26-221. Computation of impact fees. (a) Following the filing and acceptance of a written application for building permit or utility connection,the City shall compute the impact fee due in the following manner: (1) The number of service units shall be determined by the size of the water meter purchased using the Land Use and Service Unit/SFE Equivalencies table incorporated as Exhibit B herein. The service units for multi-family apartment projects with eight (8) or more units shall be determined by multiplying the number of bedrooms in said apartment project by 0.26 SFE; (2) Service units shall be summed for all meters, or for all bedrooms within a multi- family apartment project with eight (8) or more units purchased for the development; (3) The total number of service units shall be multiplied by the impact fee per service unit for water and/or wastewater service facilities using Schedule 2 then in effect as established in Section 26-219; (4) The amount of each impact fee shall be reduced by any allowable offsets or credits for that category of capital improvements, in the manner provided in Section 26-223. (b) The amount of impact fee due for new development shall not exceed the amount computed by multiplying the assessed fee for water and/or wastewater service by the total number of service units generated by the development. The amount of impact fee due for redevelopment shall not exceed the amount computed by multiplying the assessed fee for water and/or wastewater service by the net increase in service units generated by the redevelopment. (c) The developer may submit or the Director may require the submission of a study,prepared by a professional engineer, licensed in the State of Texas, clearly indicating the number of water and/or wastewater service units which will be consumed or generated by the new development. The Director will review the information for completeness and conformity with generally accepted engineering practices and will, when satisfied with the completeness and conformity of the study, multiply the number of service units determined by the study, times the impact fee per service unit contained in Section 26-219 above to determine the total impact fee to be collected for the development. The Director may also use recent historical water billing records for existing customers to determine water demands and single-family equivalents ("SFE") in accordance with data from the most recent Capital Improvements Plan. (d) Whenever the property owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based on Schedule 2 and applicable offsets, credits,and discounts then in effect,and such additional fee shall be assessed and collected at the time the additional meters are purchased. (e) In the event the property owner decreases the number of service units for a development, the property owner shall be entitled to a refund of the impact fee or impact fees actually paid, but only for the amounts represented by the decrease in service units based on the assessed fee and offsets, Fiscal Year 2023-2024 Rate Book 259 credits, or discounts applicable at the time the fee was paid. (f) If the building permit for the property on which an impact fee is paid has expired and a new application for a building permit is thereafter filed for the identical property and the identical number of service units, the impact fee previously paid satisfies the requirements of this Article, unless the earlier impact fee was refunded to the applicant at the expiration of the previously-issued building permit, or is otherwise refunded. (g) The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units. (h) No building permit or utility connection shall be issued if the applicant cannot verify payment to Staff of the appropriate impact fee and other applicable fees,or if existing facilities do not have actual capacity to provide service to the new connection(s), except for those entities that are exempted from impact fees as are specifically set forth in Texas Local Government Code, Chapter 395. (i) All matters pertaining to the enforcement, assessment, computation, or collection of impact fees provided for herein shall be determined by the Director, or his or her designate. Sec. 26-222. Collection of impact fees. (a) Except as otherwise provided in this Section, the impact fee for the new development shall be collected at the time the City issues a building permit, or if a building permit is not required, at the time an application is filed for a new connection, to the City's water or wastewater system or for an increase in water meter size. (b) Except as otherwise provided by contracts with political subdivisions, developer's contracts, or wholesale customers, no building permit shall be issued until all impact fees due and owing have been paid to the City. (c) The City may enter into an agreement for capital improvements with a property owner pursuant to Section 26-229 that establishes a different time and manner of payment. (d) In the event that a property owner agrees to construct or finance capital improvements in the capital improvements plan pursuant to Section 26-229, the costs of which are to be reimbursed to the owner from impact fees paid from other new developments that will use such facilities, the City may collect impact fees from such other new developments at the time final plats are recorded for such development. (e) Schedule 1 sets the assessment rate and establishes maximum impact fees as set forth in subparagraphs (e)(1) through (e)(4) below: (1) For a new development for which final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, the maximum impact fee per service unit shall be $2,044 for the water service area, and $483 for the wastewater service area. Fiscal Year 2023-2024 Rate Book 260 (2) For a new development for which final plat recordation occurred on or after May 29, 2003, but before July 29, 2008, the maximum impact fee per service unit shall be $3,155 for the water service area; and $1,703 for the Zone I wastewater service area. (3) For a new development for which final plat recordation occurred on or after July 29, 2008, but before December 3, 2013 the maximum impact fee per service unit shall be as follows: $3,400 for the Zone 1 water service area and $4,000 for the Zone 2 water service area; and$1,700 for the Zone 1 wastewater service area and$1,760 for the Zone 2 wastewater service area. (4) For a new development for which final plat recordation occurred on or after December 3,2013, but before January 9,2019,the maximum impact fee per service unit shall be as follows:$3,167 for the Zone 1 A water service area,$5,250 for the Zone I B water service area,and$5,753 for the Zone 2 water service area; and$2,851 for the wastewater service area. (5) For a new development for which final plat recordation occurred on or after January 9, 2019, or for any plats filed prior to September 15, 1998, the maximum impact fee per service unit shall be as follows: $3,569 for the Zone IA water service area, $5,352 for the Zone 1 B water service area, and $7,638 for the Zone 2 water service area; and $4,716 for the wastewater service area. (0 Schedule 2 sets the collection rate for impact fees as set forth in subparagraph (f)(1) through (f)(5) below: (1) Except as provided in paragraph (2-5) below, impact fees shall be collected and paid as follows: Water Service Area (Zone IA) $3,569 per service unit Water Service Area (Zone 1 B) $5,352 per service unit Water Service Area (Zone 2) $7,638 per service unit Wastewater Service Area $4,716 per service unit (2) For a new development for which final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, and for which no new service units have been added, impact fees shall be collected as follows: Water Service Area $2,044 per service unit Wastewater Service Area (Zone 1) $483 per service unit (3) For a new development for which final plat recordation occurred on or after May 29, 2003, but before July 29, 2008, and for which no new service units have been added, impact fees shall be collected as follows: Water Service Area (Zone 1) $3,155 per service unit Wastewater Service Area (Zone 1) $1,703 per service unit Fiscal Year 2023-2024 Rate Book 261 (4) For a new development for which final plat recordation occurred on or after July 29, 2008, but before December 3, 2013, and for which no new service units have been added, impact fees shall be collected as follows: Water Service Area (Zone 1) $3,400 per service unit Water Service Area (Zone 2) $4,000 per service unit Wastewater Service Area(Zone 1) $1,700 per service unit Wastewater Service Area (Zone 2) $1,760 per service unit (5) For a new development for which final plat recordation occurred on or after December 3,2013,but before January 9,2019 for which no new service units have been added, impact fees shall be collected as follows: Water Service Area(Zone 1A) $3,100 per service unit Water Service Area (Zone 113) $3,900 per service unit Water Service Area (Zone 2) $4,500 per service unit Wastewater Service Area(Zone 1) $2,200 per service unit Provided, however, if the service unit is a "small residential housing unit" as defined herein, which consists of a residence of less than 1,300 square feet, which is also located on a lot of less than 6,000 square feet, that service unit shall be assessed and charged a 0.5. SFE charge, no matter in which Zone it is located in, and no matter when the lot is platted. Sec. 26-223. Offsets and credits. (a) The City shall offset the reasonable value of any area-related facilities, identified in the impact fee capital improvements plan and constructed pursuant to an agreement with the City, except as otherwise provided therein, which are dedicated to and received by the City on or after the effective date of this ordinance, against the amount of the impact fee due for that category of capital improvement.No offsets or credits shall be provided for required over-sizing of water and wastewater lines or lift stations not identified in the capital improvements plan or for pro-rata payments to repay other developers for such over-sizing. (b) The City shall credit any new development that occurs subsequent to the effective date of this Article, any amount of capital recovery fees which have been collected by the City pursuant to duly adopted ordinances and any impact fees collected by the City pursuant to this Article. (c) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Article and additional standards promulgated by the City, which may be adopted as administrative guidelines. (1) No offset or credit shall be given for the dedication or construction of site-related facilities. (2) No offset or credit shall exceed the impact fee to be collected from new Fiscal Year 2023-2024 Rate Book 262 development as established in Section 26-219. (3) The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the impact fee capital improvements plan for the category of facility within the service area for which the impact fee is imposed. (4) If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of the acquisition of the first building permit issued or connection made after the effective date of this Article or within such period as may be otherwise designated by agreement for capital improvements pursuant to Section 26-229, such offset or credit shall lapse. (5) In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Article or for any amount exceeding the total impact fees collected or due for the development for that category of capital improvement, unless otherwise agreed to by the City. (6) No offset shall exceed an amount equal to the eligible costs of the improvement multiplied by a fraction, the numerator of which is the impact fee per service unit due for the new development as computed using Schedule 2 and the denominator of which is the maximum impact fee per service unit for the new development as computed using Schedule 1. (7) Offsets or credits for area-related facilities dedicated to and accepted by the City for a development prior to the effective date of this Article shall be prorated among the total number of service units within such development and reduced by an amount equivalent to the number of existing service units within such development and shall be further reduced by the amount of any participation funds received from the City and by any payments received from other developments who utilize the system facility. (8) The City may participate in the costs of an area-related improvement to be dedicated to the City, including costs that exceed the amount of the impact fees due for the development under Schedule 1 for that category of capital improvements, in accordance with policies and rules established under the City's subdivision regulations and when incorporated into an agreement for capital improvements pursuant to Section 26-229. The amount of any offset shall not include the amount of the City's participation. (d) Unless an agreement for capital improvements is executed providing for a different manner of offsetting or crediting impact fees due pursuant to Section 26-229, an offset or credit associated with a plat shall be applied to reduce an impact fee at the time of application for the first building permit or at the time of application for the first utility connection for the property, in the case of land located within the City's extraterritorial jurisdiction, and, thereafter, to reduce impact fees subsequently to be collected, until the offset or credit is exhausted. Sec. 26-224. Establishment of accounts. (a) The City's Department of Finance shall establish separate interest-bearing accounts Fiscal Year 2023-2024 Rate Book 263 clearly identifying the category of capital improvement(i.e.,water facilities and wastewater facilities) within the service area for which the impact fee is collected. (b) Interest earned by each account shall be credited to the account on which it is earned and shall be used solely for the purposes specified for impact fees as authorized herein. (c) The City's Department of Finance shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this Article. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Article; provided, however,that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. (d) The City's Department of Finance shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received, the number of service units for which the monies are received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the impact fee capital improvements plan as area- related capital projects. The City's Department of Finance shall also maintain such records as are necessary to ensure that refunds are appropriately made in accordance with this Article. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services Sec. 26-225. Use of proceeds of impact fee accounts. (a) The impact fee collected pursuant to this Article may be used to finance or to recoup capital construction costs for water and wastewater facilities identified in the impact fee capital improvements plan and for any purpose authorized in Texas Local Government Code, Chapter 395, as amended. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. (b) Impact fees collected pursuant to this Article shall not be used to pay for any of the following expenses: (1) Construction, acquisition, or expansion of capital improvements or assets other than those identified for the water and wastewater utility in the impact fee capital improvements plan; (2) Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; (3) Upgrading, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; (4) Upgrading, expanding, or replacing existing capital improvements to serve Fiscal Year 2023-2024 Rate Book 264 existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or (5) Administrative and operating costs of the City. Sec. 26-226. Appeals. (a) The property owner or applicant for new development may appeal the following Staff decisions and determinations to the Denton Public Utilities Board: (a) the applicability of an impact fee to the new development; (b) the method of calculating the amount of the impact fee due; (c) the availability or the amount of an offset,credit or rebate; (d)the application of an offset or credit against an impact fee due; or (e) the amount of a refund due, if any. The Property Owner or Applicant shall notify the City Secretary of the City of Denton, Texas in writing, of its desire to appeal any such decision and determination to the Public Utilities Board, no later than thirty (30) days following the date of Staff decision or determination. This notice shall be untimely if it is received by the City Secretary more than thirty (30) days following the date of Staff decision and determination. (b) The Owner and/or Applicant must file a notice of appeal with the City Secretary within thirty (30) days following the determination of the amount of the impact fees to be paid by the development by city Staff. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due,the development application may be processed while the appeal of the impact fee is pending. (c) The written notice to the City Secretary requesting an appeal shall contain the following information: (1) The name of the Owner and/or Applicant of the Appeal; and (2) The business address and telephone number of the Owner and/or Applicant; and (3) The specific decision or determination of Staff which Owner and/or Applicant are complaining of, and the date of issuance thereof, and (4) State specifically the grounds regarding Owner's and/or Applicant's application for appeal; and (5) State specifically what amount of money that you believe is owing the City, as well as your basis therefor; and (6) The name and address of any legal counsel who will appear before the Public Utilities Board to argue on your behalf; and (7) The signature of the Owner and/or Applicant regarding this Appeal. Fiscal Year 2023-2024 Rate Book 265 (d) The burden of proof shall be on the property owner and/or applicant to demonstrate that the amount of the fee or the amount of the offset, credit or rebate was not calculated according to the provisions of this Article. Upon submission of the case and the hearing held before the Public Utilities Board (the "Board"), a decision shall be made by the Board, upon Public Hearing, which shall constitute a formal recommendation to the Denton City Council. The Board shall submit all of the materials that it receives as evidence from Staff and all of the materials that it receives as evidence from the Owner and/or Applicant to the City Council for its final consideration. All evidence as well as the record shall be closed by the Public Utilities Board. A record shall be made of the Public Utilities Board hearing and shall be forwarded to the City Council. The City Council shall then make its decision on the record produced by the Public Utilities Board and upon the oral arguments that are limited to not more than fifteen (15) minutes each for the Owner and/or Applicant, and the City. The City Council shall then determine the appeal and issue its written decision. Sec. 26-227. Refunds. (a) Any impact fee or portion thereof collected pursuant to this Article which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Texas Local Government Code, Section 395.025(d) which states that Texas Finance Code, Section 302.002, or any successor statute applies. (b) Upon the written request of an owner of the property on which an impact fee has been paid,the City shall refund such fees if: (1) Existing service is available and service is denied; or (2) Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two (2) years of fee payment;or (3) Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event no later than five (5) years from the date of the payment. (c) The City shall refund an appropriate proportion of impact fee payments in the event that a previously purchased but uninstalled water meter for which the impact fee has been paid is replaced with a smaller meter, based on the service unit differential of the two (2) meter sizes and the fee per service unit at the time of the original fee payment. (d) A petition for refund under this section shall be submitted to the Director on a form provided by the City for such purpose. Within one (1) month of the date of receipt of a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request, Fiscal Year 2023-2024 Rate Book 266 including the reasons for the decision. If a refund is due to the petitioner, the Director shall notify the General Manager of Utilities and request that a refund payment be made to the petitioner. Sec. 26-228. Update of plan and revision of fees. (a) The City shall update its land use assumptions and capital improvements plans at least every five (5) years, commencing approximately from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Texas Local Government Code, Chapter 395, or in any successor statute. (b) The City may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection (a) to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2 should be changed. Schedule 2 may be amended without revising land use assumptions and capital improvements plans at any time prior to the update provided for in subsection (a), provided that the impact fees to be collected under Schedule 2 do not exceed the impact fees assessed under Schedule 1. (c) If, at the time an update is required pursuant to Subsection (a), the City Council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Texas Local Government Code, Section 395.0575. (d) The City may amend by resolution the Land Use and Service Unit/SFE Equivalency table (Exhibit 13), at any time prior to the update provided for in Subsection (a), provided that the number of service units associated with a particular land use shall not be increased. Sec. 26-229. Agreement for capital improvements. An owner of a new development may construct or finance a capital improvement or facility expansion designated in the impact fee capital improvements plan, if required or authorized by the City, by entering into an agreement with the City prior to the issuance of any building permit for the development. The agreement shall be on a form approved by the City and shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to City standards and such other terms and conditions as deemed necessary by the City. The agreement shall provide for the method to be used to determine the amount of the offset to be given against the impact fees due for the development or any reimbursement to the owner for construction of the facility. Sec. 26-230. Use of other financing mechanisms. (a) In addition to the use of impact fees, the City may finance water and wastewater capital improvements or facilities expansions designated in the impact fee capital improvements plan through the issuance of bonds, through the formation of public improvements districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations Fiscal Year 2023-2024 Rate Book 267 as may be provided by law. (b) Except as otherwise provided herein,the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or asscssment which is lawfully imposed on and due against the property. (c) The City may pay all or part of impact fees due for a new development taking into account available offsets and credits pursuant to duly adopted criteria. Sec. 26-231. Conflicting ordinances. All ordinances or parts of ordinances that are in force when the provisions of this ordinance become effective,which are inconsistent or in conflict with the terms or provisions contained in this ordinance, are hereby repealed to the extent of the conflict. Sec. 26-232. Reserved. SECTION 4. Any person violating any provision of this Ordinance shall,upon conviction, be fined a sum not to exceed $2,000. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION S. 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 6. This Ordinance shall repeal any conflicting ordinances and resolutions to the contrary; it being the intention of the City Council to fully amend all provisions of Chapter 26 of the City of Denton, Texas Code of Ordinances dealing with Impact Fees. SECTION 7. This Ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published in the City of Denton, Denton County, Texas, within ten (10) days of the date of its passage. The motion to approve this Ordinance was made by `L),4U L 111If L7EIL and seconded by t >c`"Tff ; the Ordinance was passed and approved by the following vote Aye Nay Abstain Absent Chris Watts, Mayor: ✓ Gerard Hudspeth, District 1: V/ Keely G. Briggs, District 2: Don Duff,District 3: _ V/ _ John Ryan, District 4: Fiscal Year 2023-2024 Rate Book 268 Deb Armintor,At Large Place 5: Paul Meltzer,At Large Place 6: PASSED AND APPROVED this the�day of a 664 2019. CHRI. ATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: jw od APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: Fiscal Year 2023-2024 Rate Book 269