2006-013
ORDINANCE NO. 2006- 013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PROVIDING FOR THE CITY'S ADOPTION OF THE CLEAN FLEET VEHICLE MODEL
ORDINANCE PROPOSED BY THE REGIONAL TRANSPORTATION COUNCIL WHICH
IS THE REGIONAL TRANSPORTATION POLICY BODY ASSOCIATED WITH THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas has considered, and is of the
opinion that it should support the efforts of the Regional Transportation Council ("RTC"), which
is comprised primarily of local elected officials, and is the regional transportation policy body
associated with the North Central Texas Council of Govemments ("NCTCOG"); and
WHEREAS, the Regional Transportation Council has been and continues to be a forum
for cooperative decisions on transportation; and,
WHEREAS, the Regional Transportation Council has heretofore considered, and
supports the adoption and implementation of a "Clean Fleet Vehicle Policy" which it has
adopted, and which it now proposes that municipalities in the Dallas-Fort Worth Metropolitan
Area adopt by ordinance; and,
WHEREAS, the Dallas-Fort Worth area is a federally-designated nonattainment area for
the pollutant ozone and air quality impacts the public health of the entire region; and
approximately fifty-percent of the nitrogen oxide (NOx) emissions in the Dallas-Fort Worth
nonattainment area come from on-road vehicles; and,
WHEREAS, the Regional Transportation Council is responsible for air quality
conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment
areas that transportation plans and improvement programs conform to the applicable air quality
implementation plan; and,
WHEREAS, the City Council of the City of Denton, Texas wants to set achievable goals
and provide workable, cost-effective solutions that will result in improvement in the Dallas-Fort
Worth Metropolitan Area air, and desires to implement those measures as soon as practicable to
improve air quality in the nonattainment area; and
WHEREAS, the Environmental Committee of the City Council has heretofore considered
and has recommended approval of this ordinance; the Mobility Committee of the City Council
has heretofore considered and has recommended approval of this ordinance; the City Council of
the City of Denton, Texas has determined, and finds and concludes that the adoption of this
Clean Fleet Vehicle Model ordinance is in the best interest of its citizens: NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
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SECTION I. The City Council of the City of Denton, Texas hereby adopts the following
ordinance:
SECTION 2. Acquisition
2.1 Vehicle acquisitions for fleet expansion or replacement of model year 2004 or
newer, shall be newest model year or engine standard only.
2.2 Vehicle acquisitions to replace model year 2003 or older vehicles must show at
least a 25% reduction in Nitrogen Oxide (NOx) emissions rate compared to the
vehicle being replaced. (Waivers are possible when new technologies or
achievements of the required emission reduction are not possible.)
2.3 Aftermarket technologies and conversions are acceptable for fleet expansion and
fleet replacements.
2.3.1 Aftermarket technologies and conversions must be Environmental Protection
Agency ("EPA") and/or CARB verified or certified or technology equivalent or
better, as determined by the North Central Texas Council of Governments
("NCTCOG") staff.
2.3.2 Conversions must comply with the provIsIOns of EPA Memorandum IA and
Addendum Revisions (June 25, 1974 and June I, 1998).
SECTION 3. Operations
3.1 Vehicle idling is allowed only for safety, emergency response, vehicle
maintenance, equipment activity, warm-up/operations in cold temperature, and
manufacturer recommended minimum idle/warm-up times.
3.2 Vehicles with the lowest NOx emissions that are capable of performing the
required operational demands shall drive the most miles.
3.3 The fleet manager shall abide by latest refueling time/season guidance published
by NCTCOG Air Quality Planning.
3.4 Non-emergency vehicles shall drive no more than the posted speed limit and
avoid rapid acceleration.
3.5 All drivers shall be trained on air quality appropriate operational requirements.
SECTION 4. Maintenance
4.1 Perform annual emission and safety inspections for all vehicles, even for vehicles
with no state mandated inspection requirement.
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4.2 AH vehicles with over 100,000 miles must have emission inspections every 25,000
miles thereafter.
4.3 Perform manufacturer's recommended maintenance.
4.4 Mandatory participation in any diesel or other Texas Commission on
Environmental Quality ("TCEQ") or NCTCOG inspection and maintenance
program, including applicable test or pilot programs.
SECTION 5. Compliance Verification
5.1 The City of Denton, Texas shaH provide NCTCOG with an annual electronic update
of fleet size and activity in a format established by NCTCOG.
5.2 The City of Denton, Texas acknowledges that entities not adopting and complying
with the Clean Fleet Vehicle Policy and/or the reporting requirements contained
therein, wiH not be eligible for future clean vehicle funding and RTC may assess the
City of Denton, Texas' compliance when considering other RTC funding actions
SECTION 6. This ordinance shaH become effective immediately upon its passage and approval.
PASSED AND APPROVED this the 3<<1 day of January, 2006.
C~hL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR VED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By ~ffilaQ~ ~
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