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04/01/1991-CC-Agenda Packet-RegularCITY COUNCIL AGENDA MONDAY, APRIL 1, 1991 201 BOLIVAR STREET, CITY HALL 7:00 P. M. 1. Call to Order, Invocation acid Pledge to tYie Flag 2. Minutes . T)ichy rc mpntc 4. Citizen's Input 5. Consider and Possible Action an Park Board Recommendation - Downtown Park 6. Consider and Possible Actian Regarding Resolution #R4-91 Supporting TML's Telephone Franchise Fee Committee 7. Consider and Passible Action Regarding Resolution #R5-91 Supporting Fire Prevention and Fire Fighting Actions 8, Consider and Passible Actian Regarding Resolution #R6-91 Fireworks Control Legislation 9. Consider and Possible Actian Regarding Resolution #R7-91 Supporting Passage of Legislation Granting Counties Authority to Adopt Fire Codes 11. Consider and Possible Actian Regarding Ordinance #06-91 Establishing Electric Rates Within Sanger For Denton County Electric Cooperative, Inc. 12. City Adtnitiistration Report 13. Any Other Such Matters 14. Adjournment Rosalie Garcia City Secretary 1�lINUTES: City Council Meeting March 18, 1991 MEMBERS PRESENT: Mayar Nel Armstrong, Cauncilman Jerry Jenkins, Cauncilman Carroll McNeill, Cauncilman Danny McDaniel, Cauncilman Wendell Thomas, and Councilwoman Mamie Braxton n�rHERc PRESENT: City Manager Jahn Hat�niltan, Adtn. Asst, Etta Stagsdili, Benny Jahnsan - Frontier Waste Management, �lickie Perez -Sanger Courier, Elaine Schad -Denton Record Chronicle, Elect. Supt. Larry Yaast, Public Works Supt. Chuck Tucker, Garland Thornton, Ann &Ben Weatherall, Bill McClellan, Curt. Fleisher &Pat Fleisher 1. Mayar Armstrong called the meeting to order, gave the invac�tian, and led the pledge to the flag. 2. Minutes of March 4, 1991 were approved as printed. :3, Disbursements: Motion was made lay Cauncilman .Jenkins and seconded by Cauncilman Thomas to approve disbursements. Motion carried. 4. Citizeri s Input -None 5. Praclarriatian and Presentation Honoring our Arrr�ed Forces in Operation Desert Starrn - Charr�ber of Camrr�erce l�iayor Arrristrorig mated tYiat the person tYie prociarnatiara was to be presented to could not be present at the meeting. Proclamation was read which proclaimed the rriantYi of March to honor all service personnel and Hated presentation with the Chamber of Commerce present to be made possibly at a later date. �, Consider and Possible Action Action on Solid Waste Transfer Station ;_ Councilman Jenkins made the motion to accept �'. W. M.'s Proposal Plan B with the City picking up the $50.00 per month residential with the balance billed to the customer. Seconded by Councilman IF McNeill. Motion carried. 7. Consider and Possible Action Regarding City Collection of Tree 7 :� VV L11111Ja Discussion. Consensus of City Council for staff to present a dt°aft. ordinance regarding collection of tree limbs. Item tabled. 0. Consider and Possible Action on Solid Waste Rates Discussion. Councilman McNeill made the motion to refund 37� a month to the residential customer beginning with the next billing. Seconded by Councilman Jenkins. Motion carried. 0. Consider and Possible Action Regarding Bids on Crack Seal System Councilman Thomas made the motion to purchase the I�ERA 35 at. $4,550. Seconded by Councilman McNeill. Motion carried. Amount Budgeted $7,500; no bids were received. Discussion. City Manager Hamilton noted to top it at $10,500. Councilman Jenkins made the motion to allow staff to proceed search for aBack-Hoe at a Public Auction. Seconded by Councilman Thomas. Motion carried. 11. Consider and Possible Action for Appointment of Presiding Judge and Alternate Judge for May 4, 1991 Election. Councilman Thomas made the motion to appoint Billye Hollingsworth as Presic_lir�g Election .Judge and VVynerr�� Sr_.hert� �s Alternate Judge. Seconded by Councilwoman Braxton. •" f Discussion. It was noted that if a family member of the Election Judge runs for the City Council, the Alternate Judge assumes the duties of the presiding Election Judge with one clerk - -Election Judge, Alternate Judge and one clerk. Motion carried. 12. City Administration Report: City Manager Hamilton reported on the following items: a). The new Worker's Camp. law that became effective this year requires employers with more than fifteen (15) employees to establish a formal drug policy for employees. A comprehensive ordinance and testing plan will be presented for your consideration at the next Council meeting, b). City Manager Hated that with weather permitting, Hunter Associates, had advised that Calvert would begin the Freese Drive Project at a certain date. Calvert has already began the project. r_), City Manager stated that the Contractor for the Water Tank Project was to be on site the first part of next week. d). City Manager rr�er�tioried that orze of our Electric Meter Readers had been bitten by a dog and City is awaiting the dogs test results. 1�. Ariy Qther SucYi Matters: a). Councilrrian Jenkins stated the Fire Code Committee had a meeting the following night after the City Council Meeting. They had agreed to adopt tYie latest version of the Uniform Fire Code. The Committee would like to have the adoption of the latest uniform Fire Code for the lath of April. b). Councilman Jenkins mentioned the committee had clarified Jim Conley's title since he has been appointed the City of hanger's Fire Inspector. ,, �� �a . �� With the present Fire Inspector, the Fire Code gives the Fire Inspector authority regarding fire inspections. The City of Sanger Fire Code Committee has made the decision to use a farm which the City of Denton now uses that has various types of inspections which will be inspected here in Sanger. Then dicrimcM incnPrt{nnq anti when to be made; normally r_______ two times a year is sufficient. C. O.'s were also discussed. c.�. Councilman McNeill acknowledged the quality of patchings on several streets that has done recently. d). Councilman McNeill discussed water and sewer gallons pumped and amount billed. Discussion. 14. Meeting adjour°ned, SAVINGS & PAYMENTS APRIL 1, !99! CITY OF ee «rn nm ro lNDEBTE� ESS �«,o»«,,, (GENERAL FUND) LNERAL EO, EDUIP= REPL.. ACCT. (4176891� (GENERAL FUND) UTILITY INT. & SINKING (#lg2P45) (ENTERPRISE FOND) \ UT, F m E@UIP, REPL, (#iG0002) <ENTERPRISE FUND} 5. NOTE PAYMENT - lOTH TO GMB (ENTERPRISE) FIRE TRw SAVINGS ACCT. (#i tt 3) (GENERAL FUND) GENERi FUND - S,BK, 2GTH-PATCHMAN 9,275,00 42y00 20,47 ± 00 3Sd 00 y I4G,04 1,251.48 /// i 1'i'Y C)F S i-,(1\1GER VENDOR VEND HR NA1'r1E Cif F".4N ACCOUNTS PAYABLE Ir`1VOICE AMOUNT DMCOUNT �.—' __=;t) E)EIE1 r��Er;Iartzat� r:c11�1L�'r-tNYo Ir�D�:= _ _ G/L DI'3 T R1 nol, UTI0N /; 4, t,?5 0 74= .34 FOREURY HELMETS VENDOR TOTAL. 74= Fs4 S,t,1 :/S n 84 G/L. DiSTf IGIJT ION 419=2000 `tag 13 G/I_. OI:�,TRiBUT ION 4Id tr�t;1t_1 r(a,,, 1.:3 C/L DIT RI BUT ION / 1.S.4r 15t_1t_1 _'Gn 1 G/'L. DIT'=;TRI1=,I I T 1:0N 4 19 z t:lt;(M c:G i G/ I_ MoTR: BUOT•ION ,19n E1't1t) G/L.. DIS;;T RINJT;:C.N 419a i�`it1t1 rE,, lc G/L a?I STRIBUT ION 419s o:,0C6) '6 1* G/{_ DIS' TRllEHUTION 41.9z 1100 ;e'O„ 1;3 Gf=i1_ tv1to'T oR G 1: L 1 { ur 114D[lR (l.)yIf'Il.., ''''i- ' a t..1t} s::.� ,•c.ln 1C. ,�'- ,'. (`:�',? ��i_1i—({';1(-ti�!'x �,��{�a•`_,i � ? tin •r, •/()E.'+=`i /,'7Lf (:?t:} a t`}('j d,.7�;, t-1i;1 G/•{_ DPI ITRIG UTIOh f{.: i'', t1`;ti4,1 -475A COVER LrTN1"FILL. CR• .DIDG6 LARGER PIT 7 s 4734 00 + 1 C1 7° a f.) G/L. iJI,`1l'R1B iT ION /J.47nt'100 ,r75aC�t} [.0A 1ER COVER LANDFILL, MY. F"ERVi1.'T to/I_ i1IE'TRh%IJ T Ti7N 47, 040x0 4•Kin 00 VENDOR 1 D AL. 10 ._18n 00 v F;7t_? t g ._,�, , 0t_D �`:-• 10 C:E.N I Rial._ T4_.LL{-'I-I(JN_. t /I_ L?i,JiRICtiJI IOl4,l ;,,,•.,A,?1i•_?t_J /+;_tt),!{.1 Go 17lGoTROrT:,(_,ITIGN 43 3n 1800 kite 1 G/L. i_) myBi_rrIOd 4: 4„t) `C)t1 247a 1v.A 1-4-11_NE SERV I C::E )i 7Q5O i/)7aC9 at r�) 1's7e 9 to/`L iJI'w;TR1:fiIJT1:QlI ft?4„i}C, it:? t;/L.IETR:iIIJTIOh`1 /}., t1t1i; 1='FliJNE SEPf.V ICE VENDOR iC1I AL9t_? Ja 0, , `:'05, t:1E, �i-- 8f,,t_?i_? Li1RT C'Ri7T)I,JI_:T'-1 1 �a r'•� 11 I Y OF S AN1�ER VENDOR VENDOR Nr=tMr: GfL. DISTRIBUTION �l=BEN nCU"l.Jl1`o I-`HYhllji_I~ 1_.1_�`DI INN 14, NDOR TCITRE G/t_ DISTRIBUTION a;,1'f„ 040t=1 I RF15i-i BAGB ;1 E, lifE DISTRIBUTION 45fj„ 0r:00 c1 I,pnE je 1.1 t".•QL J. cnraw f G11 Y1'i r•,r.lnl vr• 1—il aifT L. l UJ r l:.J r_• VENDOR TOTAL r- 1%'Fi�liaii i1Fh?Tt:1h,l CO. ELECT. (=O--'rlC't„ 5 INC. POWER FOR DUCK GRI; R.I.) LIFT 'STA. VENDOR TOTAL aJtr.n 1.A" )? I:CC1Lll�li' „ tli:1 i:atl ,A Gfl._ DI',TRIBI_ITICtp,1 f(AA31„ (a 500 1`..17„ 50 y„ :5 �D5 CRK„ # 751��: 5t#r-:„ (.:,�� „ i,ai} �J��t'.::: r:"J `-! CONCRE:'E-E FOR' DRAINAGE VENDOR TO T %lL.. 7t1t:1„ 1' { is;) ; (:lt a„ 1'AAA l.;,!3 5 W=tR'i. r nRtTi:•,A, eaff_ DISIARIBUT160N 411„ 1.400 .39R, 14 PLASTjC BALLOT BOX VL'NDUB{ Iu.i.m_ ,%go 14 „tliA 'vl„ 1 { 1(j'_ ?i_i;lt,lt:a i-fEUs�'�i�IER CCy lha?C„ 1 i.itpafl. BEF DISJARI>BUT1CIN f 15„ :4w*:t?(:a 75(,)„ 00 =_' y 74' j4 e7 i„ Cara 00 _ `,i„ l;f t_ DISTRIBUTION % 1.5- i=;_'iaCl '75„ (lil BACTERIA FOR Wo Wit COLL.EC:TION ljo VENDOR L•1 I NDOR TAL 1 w i &.' „ ()(AA)i� 0 :� y 1 =' A t;i;or 444 1L'A, : is(; 1. .i r K LIGHTING &• ct_IP(-1t_Y ^:r (_;vi 7°•(:: (�a(_; tj() r�CAR rr, i,i+.�i t.. DI TRIE(L1T 1:(`1tJ 472„ t:a:900 7;7„ Ca(A 1 C:-I FII-fnTO CE LLA, 1 C;'S, 150 W FIRE:S61.l(=?E '7;0DILItT1 CI I I Ul= ' HFIC)C:R VENDOR VENDOR NAllelE 3� Gl/L DI.?TRIBtUI ION •t ,-.-r-,•rr � r,t t � ��r•tr.r t}I !._ Jam' 1 •�} I !Z 1 r=1 �J 1 !. ill`-0 AIR PLJMP4 AIR LINE4 AIR BAR4 tif'I_ 7I' ' RII,[II Ti'l!'a i '�-JC) WRIO10 'I,L.f"tt=`L'••BURN CONNa Gr'L_. i"!IS='TR11=tU ION 1 f tl--O-1 I-C &F�RE rHlv%E=R8prtjU T L,E: T B t EE't B/L DISTRIBUTION 100 C;— i LONG TAP CC�Vl= RO; Ctl-'EN tt,,t_Ol. N I .w PPINC)BLEE L.I':1;'T I NG IiVVUIi"�:AMOUNT DISCOUN'i '�l["raIiC1F TI�'I t�L. 71:;'7a [i['i i US i)l titl i 1,. zi ._'i�i 12'n 08(fl) 1513, ji lil`L_ i ,fL_ G.ii._ r!L G/L I�ISIRttl!'IC�r`.i t_?IC DISTRIBUTION DISTRIBUTIOk! DI;'1`RIEsi_ITl.iii•1 I i'RIE;LITICII'1 j.�°a[%,,+;(wi() 41'!, 419a 41'ia ' i'n 11f)[i Q,.ji [) 00,00 t:i!'tit:) 1atC 1nE,�` In 14 1n� C,;' E2,' c: (' RE: I too II T G, L• D 1. Hai l R I �[I. I I I ID � y .7 .' ia;a'�i�„;�r:?t„i t„i C_`i�:., C i'0 S RFLIS G L L:i i L_ t- ,j l-- G L_ AIR !-DOSE:: DIC4j'Ct'fii_IT10N DISTRIBUTION Lr I DIGTRIB,I AIR C T r-; I B, L4'r l Ctrl f'14'0N GAUGE HOSE 4119n 11 ;• 1' a [; :;;i:?i? � .l OG;C.,0 419..' X) CLAIril G C�I;AUL"L;FC`L': VENiD IR TOTAL. Ira L':3 0 1.lz .:a 19 R!J} EER' I-(C�i_i� DOWN' 141a2 i 1. Ea— �=.r�,:�}i-)i�? !_��?l�.IE� STAR PRINTING [�i�iCi f Ci 1 a st�; {iil_ 1)Tr�`LRIC-tL_li`1:lJh••t P11RC1IA,L C!F°'t_rERS n[jr) 11.1 a n;E:t UE�irc7i:E<: VENDOR VENDOR NAME h�1Cr=ita�-It'Ir�a t�tl(_ CCJh1i='F?N`,` U/ L.- L} I lu:.,T r I PUT I Ur`! G/L D1S,TRIEtUTI:0N E7/L. L}Ic14R11,UI10N G/!_ DIStTRIBU F ItlN G/L_ DI: rl 1TRI RUT ION !..l.!_lI i\d Lsl1 liJIN fats �(JL_.I: r11L�: PEN AULUUNI b PH, 4 `C?k:L.C: I_. I 1%4 J I ..j ! I,",i_, / 9 1 '.S e •J l_. a IJ31 i NVOICE AMOUNT L} I iw3CUUNT til_;�ll�,IlR TU'T' l_ (c 4 t:) Ziil C) :} N ij 1 +n 'i' '�`1) I�t:- j .. 1 A 0500 n 14 i I(:}OCI n i.l�•-- ::,1i=:`.��(�} i�1I���'=tI`��Il=';-!I "1'Uf�EI_. �• ��._Iji�'l� '` ��t'7w ?c=2 to/ L DISTRIBUTION 4'18a (i;_y(-}(_} GOATSKIN FIRUIECI(JRS t1E.NirUR Tt_iTr;t_, t? 1 w aiw} I-�It i�i �, =i• U�If..ra .: }} ,,!! Is G/L. DISTRIBUTION 41�-,:a {:}600 27 _?ut L= I•T'i li G!' VALVE B(Ti3 IIN' H`E VENDOR Tt_lTHL I:P t C' C-C r��, •, , , N n _•_I, C'� I'ER1� i E.��.i L Rt-IILE'. �i t-'llll 11 tv!r+?n c::`t!" ._•_�r •�. 7 j j G. j Lt.�in i_)t,} n (,}i? � =i•�sn C}Ci G/L UI"S! RwIBU l ,,UN t 71"a 0550-0 45 SIDE BOARD FOR I i001\1 VENDOR TOTAL TAL. qq qq 1 Li'59 t:}t_} o (}j} y 45N !_i{,i Ilk 0 11 6/1_ D I ST R, I BUT I ON 41i?m1t:}0t: 9n:34 G/'L L):LSTRIwLIT1ON =t 1n 090() In =.,.. G/l._ DI,TRIBUT ION L11), 0.iC}0 G/L D I E'.J R BUT10N 4 I'm}n r}600 aw •, , Gtt_ DISTR1BUTI(IN 419a0800 Cla;'_Utl - f;r'l_. L}ISTRI BUT IOil 41 1 i00 r. K3 Go L, UI')TR1Bur ION 4I.9n i;,r0C) `34 BR KE4 FLUID VENDOR TOTAL. E'' 00 t,;?0 Ft4 n 00 w R I ti=;::=; FIRAT LINE Ets!l � is r.'ME:r.!'T' CITY OF '�fF?Nt EIRz Cti=E.N ACCC"aUr TS, PAYA LE: L lEil'ING IIJAGL� 5 VENT)CJR VENDOR I� NAME I NVCJ I U17E AMOUNT LaI �;C:i_iLll� �i C��'c iU 7047 10,3 1G d tit:; _. AMBER Lr-_W,3 VENDOR TOTAL 1 r i I G tat=a 1 t It 1 is .� ,..•. �'r`i L}�.} t.l rriEn i}i+_:i-il._ L,F�,�a i F;R t _'�J .J i'tf�tryl::R 7t',2;9Fit tt 00 �;t_a, t_}t_a G/L.. DI'SI RTBUTl:ON 447o t:a,ttat; : t;� tat_a CARL UARRE:7T4 c; DUU14 BITE. VENDoAR TCl'I'HL. c)0 to 0;- 130n „ �_'+-_ '_iF?I`�IL=,;�l=' RNLrI.i?IrJR •�;���;��, 7C. 45z I i0 n 00 45n 00 ._ I.li/ I)I'STRIBUI_i:ON 4J.,0_ (100 455, 00 _ CLEAN & REPAIR € TOR RADIATOR I)CNi'aa=tR f 0TAL„ 4 "03 Of Ac;� Co it =�-- =it� �i_1i_} �jlt�€�!—•t �-i{1a.��—t t.�rRl]1W,i'Fi`Y 747u; In 1 r;aia in 14 VENDOR i a_a i AL 1 n 1 Zl :. 1 C,n t;o n t„;i_a G/L DIt I HIBUT 1(_N ri !L°n 0N800 1R—_':'fan Q(a VL��Ii;t_�aR f 0 i Al 1 ; C." C-1 [ii) n }i_r } a `c�C1a t,at_r R€)I{%lRq Ire!}.aa (3/L DISTR :BUT ION ilip3v 121 "ai::t CF I L I CMG F Al`%lG VENDOR TOTAL 'c:c'a ui'� t;t::a = Err t •-��3_ J.(:ai;iCa V(.J!_Cs?N rtJR?TE:RIt?l_S ' c=1 G/L. F)I'_,TRIBUTION lj.2, J,nti`.;ij0 t=.'i;rIQFS8 Nf11 t MIX COLD L f'_*9Y ASF-'HAL'1 VENDOR TOTAL. GC)1nE, 8 ECj1 GR, :. r._ �t,�,i�rt�ati L��t?`i3t':ih,i EL_F�t1'1'i1Tt; '.;U�'1='L_`r 6/1.:iaiS'€RIE,Uilt7hl .7'rE'n tart:at:a 1; i.„mid T€IPEI. WIFZE iail—Jt-ital='-iJITF3 GROUND tli/L_ ).}I'�=�TRIF91_FHOIN 07i_r(a 307n 1`38 =' LIGHT F=Ik:'IURES C i T Y OF nHP4GE: K' VENDOR VENJDFIR NAME: N AC:CUUN I D C'i= HrL.E L_.I Z:) l iNt A;.3 CIF 5/213/9 1 ftol I C`SVO.I CE t it41LiLIL('I I1I G C"0LlN T ,L —r r� ;;•-7 G/L_ DISI'RIDUTION 4'i'=.et:)tu`;0 VENDOR TOTAL f tL.. G/L DI' T RIBU T ?:i7N 419A4 (j :t:)t:) C/L._ L)ISTRIBUT ION 4P9a 0500 6 /' L D I -J I R I t=ii_I I I ON '41'1 oho{") a C/ I V% 7 [3'T' r %rt P i T r-'r h i h 1 0 t 1L_ D I S T R 1 B U T I Cl N %+I.' „ 11, [7 /L L) I iJ I R BUT 1 ON 4 19„ t_}8 t x } .L TIRE CEMENT OII... !'=IL'IERS t.1ENI:)LiF: i'!'TAL_ •-, c e•• Yi � /}•..i aml t31L L PE3TRIBUT ION 42'7a07t=0 SEWER ANALYSIS VENDOR TOTAL.. Ci'IF' F'Ft.IC!'1"IrdC 70f2 G1L„ ,a1SIR?.PUT ION '}4;:2 t_)1tac; I=L.:EERS FOR EAR} T c:R ECG HUNT N T FOOD 71°65 G/L DISTRIBUTION /111:3a 1600 G/L DISTRI.BUTION 41v„ }300 rn_ DISTRIBUTION 413 08(o) 0 COFFEE, FILTERS, DECAFE COFFEE GREG STRACENER 7456 G/I._ L}.IS T RIE,i i'i 10 N 44''a 0600 WAEFR }Y SIE.M IaDa GENERAL. INDUSTRIAL TOOL.. !::A 484 G/L DI'.34RIDUTION 41�:=bFj(.)_j G/L DISTRl'BUTION 4i2 V4 C)[,00 ildINOR II)OL.S SORCCI FIRODUC I S r 4"D8 G/L_ DISTRIBUTION 4*I2z OfP50:0 F'C`IL_iR PCI f' � `,J_•SQL IEL GE-4aE:t-;a RUiDEDE R' REF I L_L..S VENDOR l C1'I't=iL. 08 4 t)t), iiii 9 .t Eiv C.�Si C �;�a tlri 'yl t_li3 1=;riz57 _FI,i..Ft=Ti...?a T.`3 /{•7 R1=�LJ11R1:?°=i r='RfJi;F"�:.t�•i") L�1L_ I)El='AFTC1iECta T c, f-iTat1If�IT,�:'TRA1'ICitl1•--(:;F :L r.1�°C-..a 1c' LI'DRARY -G F 364a K POLICE— F: S, ,r+6a 40 ':aANITAT'It: %1l OF /t f3121C.a 48 S"CF{E: T F t 'I a 4 WATE%R-EF 6 �0�'.a is WASTEWAT ER—E::F 7 345a R ELE'C:TRIC•--Ef: 13 4t, 289u 4t') t;t-) I_IAC�i : El I\l-1 1 Cr �._E PIA I N � ..-.GF lETO t'14'IR CLDLIt,-GIL_-CAE' 11,E i D MINI TRA ( ION..-hF I 1.2n F)G VEHIir'LE MAINTi _F f} i.,visat_)i�Z t�AB..LE'(FJ R C OLL-C:i=' _>>° 1 y 4.:'•: v 4 B Ti. • o Ot BOX 578 ANGER, TEXAS i._ii T4: Honorable Mayor 8� Members of the City Council FROM: John Hamilton, City Manager DATE: March 28, 1991 SUBJECT: Recommendation of Park Board - Downtown Park The Pat°k Board has endorsed the conceit of constructing a 20 ft, diameter Gazebo/Band Shell with a sound system on the site of the existing small gazebo at the downtown park. Through the efforts of members of the Park Board, a donor has been found who is willing to totally underwrite the project as a gift to the people of Sanger. Members of the Park Board will be present to discuss the project with Council and seek your authorization to accept the gift. Our attorney and engineers have been contacted for advice and recommendations as to any specific requirements and obligations the City would have under these circumstances. When the Park Board originally identified this Gazebo project, they estimated the cost at approximately $10,000. JH:es IT r •* BOX 578 ANGER, TEXAS i _i TO: Honorable Mayor &. Members of the City Council FROM: John Hamilton, City Manager° llA T E: March 28, 1991 SUBJECT: Resolution #R4-91 -Supporting T. M. L.'s Telephone Franchise Fee Committee The enclosed information from T.M.L. and the Resolution are presented for your consideration! Franchise Fees are an important part of General Fund revenues. an our 90-91 budget the estimated revenue from franchise fees is $85,400 or 9.9% of the total projected revenues in the General Fund ($861,860). JH:es Enclosure City of Sanger, Texas Resolution #114-91 A RESOLUTION BY THE CITY COUNCIL OF SANGER, TEKAS, APPROVING PARTICIPATION IN TELEPHONE FRANCHISE STEERING COMMITTEE,# AND DECLARING AN EFFECTIVE DATE. 'vJHEREA, the City has a public respot�sibiiity to protect the public rights -of -way and easements and to require the telephone company to assume certain duties and responsibilities regarding such easements and rights -of -way by means of reasonable terms and conditions in a franchise ordinance; and WHEREAS, a steering committee of cities could share information, develop a model ordinance, obtain special legal and auditing counsel and provide further assistance to the member cities in the adoption of franchise ordinances with the telephone utility company; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sanger, Texas: Section 1. That the participation by the City in the telephone Franchise Steering Committee is hereby approved and does not obligate the City to any payment. Section 2. It is anticipated that apro-rata fee shall be assessed by the Telephone Franchise Steering Committee at a later date. Such financial obligation shall require the approval of a separate resolution. Such fee shall be based upon expected costs for the purposes stated above and be determined by the population of the City. Section 3. That this resolution shall be effective when adopted. Resolution ItR4-91 Telephone Franchise Steering Committee Page 2 PASSED, APPROVED, AND ADOPTED this the day of 1991. Nel Armstrong Mayor ATTEST: Rosalie Garcia City Secretary March 18, 1991 MEMORANDUM T E X A S� MUNICIPAL -6A;G ���i �: ;,� =�� ;� �� ��� ��v-s; � ��� �� �> TO: TML Member Cities �� �_ FROM: Frank Sturzl, Executive Director�'�( �,�� SUBJECT: Telephone Franchise Fees As you may be aware, a Telephone Franchise Steering Committee was recently formed because a number of cities were faced with expiring telephone franchises. Although several cities had already started negotiations with Southwestern Bell or other telephone companies, it was felt they were having very little success. Specifically, the goals the Committee has set for itself are to: • Act as a clearinghouse for information; • Serve as a central point of negotiation for cities; • Develop a base franchise model for possible use by individual cities; • Provide further assistance to cities in the adoption of franchise ordinances. During the last several months, the Committee has evaluated the Southwestern Bell proposal and concluded that it falls short of properly addressing concerns of the various cities. The Committee determined that it is imperative to retain both legal and auditing services to respond to the proposal by Southwestern Bell. It was concluded that legal services are needed due to Southwestern Bell's contention that a franchise is not legally required from cities. Several city officials feel that the proposal may in fact be an attempt to eventually have franchise fees invalidated by a court. If this were to occur, the Committee Is concerned it could possibly have significant impact on other franchise fees received by cities. It was also determined by the Committee that the services of a utility rate auditor would also be needed. You will find enclosed a sample resolution. The Committee asks that you consider adoption of this resolution. If you adopt it, please return it to TML by April 30, 1991. 211 East Seventh, Suite 1020 • Austin, Texas 78701-3283 • (512) 478-6601 �-� �_ ,� ,� This resolution is not financially binding on your city, but is merely intended to serve as a guide in determining the interest in forming a statewide committee. The Committee will provide you another resolution, at a later date, which will call for a financial commitment if you select at that time to become a member. Please give Councilman Bill Holmes, City of Belton (817) 939- 5851, a call if you have any particular questions. Thank you for your attention to this matter. TO: FROM: %llAIE: SUBJECT: III • Po •BOX 578 ANGER, TEXAS 76266 Honorable Mayor &Members of the City Council John Hamilton, City Manager iviarch 28, 1991 - v Resolution #R5-91, #R6-91, and #R7-91 Fire Chief Tucker has req�a.ested Council consider the enclosed Resolutions as approved by the Denton County Fire Chief's Association. JH:es Enclosures City of Sanger, Texas Resolution #R5-91 A RESOLUTION OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, SUPPORTING FIREWORKS CONTROL LEGISLATION. WHEREAS, the continued presence of any class of fireworks contributes to injuries and property damage every year when used by the general public without the direction and control of a licensed pyrotechnician; and WHEREAS, over the past five years in the United States, an average of 10,400 hospital -treated fireworks injuries have occurred each year; and WHEREAS, 34,700 fires were started in our nation by fireworks in 1986 alone; and WHEREAS, twelve (12) states have already banned all Class C fireworks, and WHEREAS, seven (7) states allow only sparklers and/or snakes; and, WHEREAS, the Honorable Gene Green has filed S.B. 251 which would grant Commissioners Courts authority to regulate fireworks in unincorporated areas; now therefore: Be it resolved by the City Council of the City of Sanger: Section I, That the City Council of the City of Sanger go on record in support of S.B. 251. Section II. That significant, public safety concerns exist to declare this to be an emergency and that this action receive priority attention in the 72nd Legislature. Resolution #R5-91 Page 2 PASSED AND APPROVED on this in Sanger, Texas, ATTEST: Rosalie Garcia City Secretary day of , 1991, Nel Armstrong_ Mayor City of Sanger, Texas Resolution #116-91 A RESOLUTION OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, SUPPORTING THE FIRE PREVENTION AND FIRE- FIGHTING ACTIVITIES OF THE TEXAS FOREST SERVICE. WHEREAS, approximately 30,000 wildland fires cause over $3.0 million in property loss each year in Texas; and WHEREAS, more than 80 percent of the citizens of Texas occupy only three percent of our land; and WHEREAS, the majority of rural Texas is protected by volunteer fire departments who lack proper funding, training, and equipment, and WHEREAS, the Honorable Bill Simms, has filed S.B. 20, the Rural Mobilization Act and the Honorable Robert Junnell has filed H. B. 1509; now therefore. Be it resolved by the City Council of the City of Sanger; Section I. That the City Council of the City of Sanger go on record in support of S. B. 20. Section II. That significant public safety concerns exist to declare this to be an emergency and that this action receive priority attention in the 72nd Legislature. PASSED AND APPROVED on this day of , 1991 in Sanger, Texas. Nel Armstrong Mayor ATTEST: Rosalie Garcia City Secretary City of Sanger, Texas Resolution #R7-91 A RESOLUTIQN OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, SUPPORTING PASSAGE OF LEGISLATION GRANTING COUNTIES AUTHORITY TO ADOPT CODES: WHEREAS, over 101,609 fires destroyed over $1 billion in property in Texas in 19899 and WHEREAS, there were over 290 fire related deaths and 2,683 related injuries injuries in Texas in 1989; and WHEREAS, County Governments in Texas do not have the authority to adopt model fire and building codes for unincorporated areas, and WHEREAS, the Honorable Ben Campbell proposes to introduce legislation granting counties code making authority; now therefore; Be it resolved by the City Council of the City of Sanger: Section I, That the City Council of the City of Sanger go on record in support of Representative Campbell's efforts to enact legislation granting County Governments code making authority. Section II. That significant public safety concerns exist to declare this to be an emergency and that this action receive priority attention in the 72nd Legislative. PASSED AND APPROVED on this day of , 1991 in Sanger, Texas. Nel Armstrong Mayor ATTEST. Rosalie Garcia City Secretary 4 Argyle Wbrey uarroilton Denton Double Oak Flower Mound Frisco Highland Village Justin Krum Lake Cities Lewisville Little Elm Mayhill-Cooper Creek Pilot Point Ponder Roanoke Sanger The Colony Trophy Club March 6, 1991 Nel Armstrong, Mayor P.O. Box 578 Sanger, Texas 76266 Dear Mayor Armstrong: a The combined fire service organizations of Texas recently formed the Confederation of Fire Safety Organizations. The purpose of COFSO is to promote fire safety in Texas and to influence the Legislature to pass laws which enables the fire service to provide better service to all the citizens of Texas. Four key areas of concern have been identified by COFSO. First, we would like to pass S.B. 251 by Gene Green. This bill, if enacted, would grant counties the authority to regulate fireworks in unincorporated areas of the county. Fireworks continue to be a tremendous problem for us. S.B. 251 would not mandate regula- tions, but would allow each county to make its own decision. Our Resolution, 91-01 and a copy of S.B. 251 are attached. Second, COFSO supports passage of S.B. 20/H.B. 1059 the Rural Mobilization Act. This bill would grant the Texas Forest Service more authority to coordinate wildland fires throughout the state. A copy of S.B. 20 and our Resolution of support are attached. Third, we also support COFSO's call for a bill to grant counties authority to adopt fire and building codes. Denton County Repre- sentative Campbell has agreed to introduce the bill in the House. Like the fireworks bill, the bill is not mandatory, but permis- sive. TML has agreed to support the bill. Our Resolution of support is attached. Finally, we support COFSO's efforts to require that the State of Texas comply with local fire and building codes and that cities be allowed to inspect buildings for code compliance. We would ask that the elected officials of ,your jurisdiction consider passing similar resolutions of support for our position. Please contact me at (817) 566-8101 if you have any questions. Thank you for your consideration in this matter. Sincerely, John Lee Cook, Jr. President rayle 4ubre\; .arroliton Denton ouole Oak iawer Mound _ co c,I fa C! `,; lau _Jj e C RESOLUTION NO. 91-01 A Resolution of the Denton County Fire Chiefs Association supporting Fireworks Control Legislation. Whereas, the continued presence of any class of fireworks contributes to injuries and property damage every year when used by the general public without the direction and control of a licensed pyrotechnician; and Whereas, over the past five years in the United States, an average of 10,400 hospital -treated fireworks injuries have occurred each year, and Whereas, 34,700 fires were started in our nation by fireworks in 1986 alone; and Whereas, twelve (12) states have already banned all Class C fireworks; and Whereas, seven (7) states allow only sparklers and/or snakes; and, Whereas , the Honorable Gene Green has filed S . B . 2 51 which would grant Commissioners Courts authority to regulate fireworks in unincorporated areas; now therefore: Be it resolved Association: Section I. Association go on by the Denton That the Denton record in support ire Chif County Fes County Fire Chiefs of Section II. That significant public safety concerns exist to declare this to be an emergency and that this action receive priority attention in the 72nd Legislature. PASSED AND APPROVED on this 21st day of February, 1991 in Denton, Texas. John Lee Cook, Jr. President, DCFCA ATTEST: Pat Dews Secretary, DCFCA Ai avle aubrev � arroiiton RESOLUTION NO. 91-03 Denton Double Lai: dower ill?ouncl =riscc A Resolution of the Denton County Fire Chiefs Association rlarc ,' ;ac:e supporting passage of Legislation granting counties authority to adopt codes: ke Whereas, over 101,609 fires destroyed over $1 billion in property in Texas in 1989, and Whereas, there were over 290 fire related deaths and 2,683 fire -related injuries in Texas in 1989; and Whereas, County Governments in Texas do not have the authority to adopt model fire and building codes for - unincorporated areas, and Whereas, the Honorable Ben Campbell proposes to introduce legislation granting counties code making authority; now therefore; Be it resolved by the Denton County Fire Chiefs Association: Section I. That the Denton County Fire Chiefs Association go on record in support of Representative Campbell's efforts to enact legislation granting County Governments code making authority. Section II. That significant public safety concerns exist to declare this to be an emergency and that this action receive priority attention in the 72nd Legislative. PASSED AND APPROVED on this 21st day of February, 1991 in Denton, Texas. J hn Lee Cook, Jr. President ATTEST: Pat Dews Secretary, DCFCA T C�� FROM: DATE. SUBJECT: •r &i5 Ps Oo BOX AuNGER) TEXAS r_ • Hnnc�v'x�hip Mavnr RMpmhr� cif t.hP City C c�unril Jahn Hamilton, City Manager March 28, 1991 Ordinance #05-91 - Drug Screening/Testing Program The new Worker's Camp. law rer�uires all employees with rriore than fifteen (15) employees to adopt a Drug Screening/Testing Program. The ordinance and drug screening program are adapted from material supplied by TML from Live Oak, Texas. JH:es CITY %J SANGER, TEXAS ORDINANCE #05-91 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, MAKING FINDINGS ON THE EFFECTS OF SUBSTANCE ABUSE IN THE PUBLIC SECTOR, PROVIDING FOR DRUG TESTING PROCEDURES AS A CONDITION PRECEDENT TO ALL PROSPECTIVE EMPLOYEES OF THE CITY OF SANGER, PR1r)N1TnTNTG_ FURTHER FOR SUTCH TESTING TO ALL PUBLIC SAFETY PERSONNEL, THE CITY COUNCIL, ALL APPOINTED MEMBERS OF CITY BOARDS, THE CITY MANAGER, DEPARTMENT HEADS, OPERATORS OF CITY OWNED VEHICLES AND TO PERSONNEL INVOLVED IN ON -DUTY ACCIDENTS RESULTING IN INJURY OR DAMAGE TO EMPLOYEES OR CITY PROPERTY, ESTABLISHING PROCEDURES TO ASSURE THE INTEGRITY OF THE DRUG TESTING PROCESS, PROVIDING FURTHER FOR DISCHARGE FROM PUBLIC SERVICE ANY PERSONNEL TESTING POSITIVE FOR SUCH CONTRABAND SUBSTANCES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, public service is a trust which requires unconditional adherence to principles of honesty and integrity, and a constant state of readiness to serve the public in discharging one's duties, and, WHEREAS, the prevalence of drugs in our society permeates into the leadership and work farce of civil government and, WHEREAS, medical research has empirically established that substance abuse has a deleterious effect an an individual's performance of his duties, and, WHEREAS, the result of substance abuse is impaired judgment, lessened work performance and increased exposure to accidents in the work area, and, WHEREAS, it is the duty of the Sanger City Council to promulgate policies reasonably necessary to exclude and remove from public service and/or employment persons wrongfully using controlled substances and engaging in alcohol abuse, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: ` Ord. #05-91 Drug Testing Page 2 1. The Sanger City Council does hereby adopt comprehensive substance abuse policies and testing procedures therefore to assure as fully as possible to the citizens of Sanger public servants who shall be free of such abusive practices. A copy of these policies are attached hereto as Exhibit I. 2. Be it further ORDAINED that any public servant including, but not limited to members of the Sanger City Council, appointed city officers, members of boards and all employees testing positive for unauthorized controlled substances and/or intoxicating beverages shall be subject to removal from such public service. He it further ORDAINED that all prospective employees and appointed members of city positions, boards or commissions of the City of Sanger shall be refused consideration for such employment or appointment if they also test positive from such screening. 3. All ordinances in conflict herewith are hereby repealed. 4. In the event any section, subsection, sentence, clause, or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any other section, subsection clause or phrase of this Ordinance, but all the rest thereof shall be in full force and effect just as though the section, subsection, sentence or clause so declared ar adjudged invalid or unconstitutional was not originally a part thereof. PASSED AND APPROVED this day of , 1�#91. . Mayor Nel Armstrong ATTEST: Rosalie Garcia, City Secretary ��� �� ��� :. � <� BANGER SUBSTANCE ABUSE TESTING FOLLOWING ACCIDENTS OR PREDICATED UPON INDIVIDUALIZED SUSPICION OF INDIVIDUALS Definitions: 1. "Alcohol" means ethyl alcohol (ethanol). References to use or possession of alcohol include use of possession of any beverage, mixture or preparation containing ethyl alcohol. 2. "Drug" means any substance other than alcohol that has known mind or function - altering effects on a human subject, namely, all controlled substances enumerated in Article 4478-15 V. A. C. S., including, but not limited to Marijuana (cannabinoids), Cocaine, Opiates, Amphetamines, and Phencyclidine. 3. "Medical Facility" means a hospital, clinic, physician's office or laboratory where toxicological samples can be collected according to recognized professional standards. 4. "Possess" means to have on one's person or in one's personal effects or under one's control. However, the concept of possession as used in this part does not include control by virtue of presence in the employee's personal residence or other similar location off city property. 5. "Supervisory Employee" means a department head or his immediate assistant who is not a co-worker and who is responsible for supervising or monitoring the conduct or performance of one or more employees. PTTAWI Nothing in this policy shall be construed to authorize the use of physi�l coercion ar any other deprivation of liberty in order to compel breath or body fluid testing. Alcohol A. In this part, Blood Alcohol Concentration (BAC) is expressed as a "percentage" weight to volume. For example, a BAC of 11.04V means that there is .04 grams (4/100ths of one gram) of alcohol in 100 milliliters of whole blood. This is the same quantity as MO milligrams percent" (40 milligrams and 100 milliliters). B. For the purpose of determining Blood Alcohol Concentration through an analysis of the breath, the amount of alcohol and one part of blood shall be presumed to equal the amount of alcohol in 2100 parts of an expired breath sample (by volume). Prohibitions Alcohol and drug use prohibited A. Members of the City Council, appointed city officials, or members of any city board or commission may not use or possess alcohol or any controlled substance while performing his or her duties. B. No such person may report for duty or go or remain on duty while 1. under the influence of or impaired by alcohol; 2. having .04T or more alcohol in the blood; 3, under the influence of or impaired by any controlled substance. Controlled substance is defined to mean the following drugs: All controlled substances enumerated in Article 4476-15 V. A.C. S., including, but not limited to: Marijuana ((annabinoids), Cocaine, Opiates, Amphetamines, and Phencyclidine � City Personnel Rules Nothing J. this section prohibits the city through its personnel rules from imposing an absolute prohibition on the presence of alcohol or any drug in the body fluids of persons in its employ whether in furtherance of the purpose of this part or for other purposes. All municipal employees of the City of Sanger shall notify their immediate supervisors if they are taking prescribed medicines or over the counter drugs which adversely affect or impair the performance of their duties. This section does not prohibit the use of a controlled substance prescribed or authorized by a medical practitioner, or possession incident to such use, if - A. .the treating medical practitioner or a physician designated by the City of Sanger has made a good faith judgment, with notice of the employees assigned duties and on the basis of the available medical history, that use of the substance by the employee at the prescribed or authorized dosage level is consistent with the safe performance of the employee's duties; and, B. the substance is used at the dosage prescribed or authorized. Post -Accident Toxically Testing Events for which testing is required From and after the passage of the City of Sanger's Drug Testing Screening Program, and except as provided for herein, post -accident toxicological test shall be conducted after any event that involves one or more of the circumstances described below: A. Any vehicular or occupational accident that involves one or more of the fallowing: 1t a fatality 24 release of a hazardous material accompanied to buy an evacuation or a reportable inj�iry resulting from the hazardous material release (e.g. from fire, explosion, inhalation or skin contact with the material) or 3. damage to city property of more than $500.00. Good Fafth Determfnatfoans A. The city representative responding to the scene of the accident/incident shall determine whether the accident/incident falls within the requirements of this section. It is the duty of the city's representative to make reasonable inquiry into the facts as necessary to make such uiaterminntionc, Teti Making clirh in(miry the citv's representative shall consider the need to obtain samples as soon as practical in order to determine the presence or absence of impairing substances reasonably contemporaneous with the accident/incident. The city's representative satisfies the requirement of this section if, after making reasonable inquiry, the representative exercises good faith judgment in making the required determinations. B. The city is not in violation of this subpart if its representative has made such reasonable inquiry and exercise such good faith judgment but nevertheless errs in determining that post - accident testing is not required. r. The city does not act in excess of its authority under this subpart if its representative has made such reasonable inquiry and exercise such good faith judgment, but it is later determined, after investigation, that one or more of the conditions thought to have required testing were not, in fact, present. Responsibilities of the City and Employees A. Employees tested 1. Following each accident and incident. described above the city shall take a?1 practicable steps to assure that all city employees involved in the accident or incident provide blood and urine samples for toxicological testing. 2. Such employees shall specifically include each employee who may have been assigned or a passenger to any vehicle involved in such accident, r 3. An employee is excluded from testing in case of any accident/incident if the city's representative can immediately determine from the basis of specific information that the employee had no role in the cause(s) of the accident/incident. Place of Sample Collectfon Employees shall be transported to an independent medical facility where tbP_. sample shall be obtained. In all eases blood shall be drawn only by a qualified medical professional or by a qualified technician subject to the supervision of a qualified medical professional. A. (General). Samples shall be obtained, marked, preserved, handled, and made available to authorized representatives of the City of Sanger consistent with the requirements of this section. B. Information Requirements. In order to process samples, analyze the significance of laboratory findings and notify the city and employees of test results, it is necessary to obtain basic information concerning the accident/incident and any treatment administered after the accident/incident. Accordingly, the city representative shall, wherever necessary, complete the information required by such medical treatment facility so far as may be practicable. C. In the case of an employee fatality in an accident or incident described above, the city's representative shall make every effort to cooperate fully with the Denton County Medical Examiner towards the end that appropriate body fluid and/or tissue samples shall be obtained from the remains of the employee for toxicological testing. Report of Test and Refusals If, as the result of the non -cooperation of an employee, the city is unable t.o obtain an appropriate body fluid and/or tissue sample from an employee for toxicological testing, such refusal shall be grounds for the removal of such employee from the public service of the City of Sanger. ( z. Follow—up It is in the public interest to insure that any city disciplinary actions that. may result from accidents and incidents for which testing is required be disposed of on the basis of the most complete and reliable information available so that responsive action will be appropriate. This provision shall not be construed to excuse the city from any obligation to timely charge an employee where the city obtains sufficient ffTcrrr►ation relating to alcohol or dr»g use, impairment or possession or other rule violations prior to receipt of toxicological analysis. Each sample provided under this subpart shall be retained by the appropriate medical facility for at least six (6) months following the date of the accident or incident and may be made available to the city's representative upon request or to a party in litigation upon service of appropriate compulsory process. iJnlawful Refusals; Consequences A. An employee who refuses to cooperate in providing a blood or urine sample following an accident or incident specified in these regulations shall be subject to removal from public employment. A. Prior to or upon suspending an employee Pram public employment, the city shall provide notice of the reason for this action and an opportunity for hearing before a presiding official other than the charging official. This hearing may be consolidated with any other disciplinary hearing arising from the same accident or incident (of conduct directly related thereto), but the presiding officer shall make separate findings as to the disqualification required by this section. Subject of Hearing The hearing required by this section shall determine whether the employee refused to submit to testing, having been requested to submit under the authority of this subpart, by a representative of the City of Sanger. In determining whether an employee should be terminated or suspended, the hearing official shall, as appropriate, also consider the following. A< Whether the city made a good faith determination, based on reasonable inquiry, that the accident or incident was within the mandatory testing requirements of this subpart; and, B. In case where a blood test was refused on the ground it would be inconsistent with the employee's health, whether such refusal was made in good faith and based on medical advice. Authorization to Test Par Cause Testing for reasonable cause A. Authorization. The city may, under the conditions specified in this subpart, require any employee, or public official serving the City of Sanger in any capacity, to cooperate in breath or urine testing, or both, under the following circumstances. 1. Reasonable Suspicion. A supervisory employee of the city has a reasonable suspicion that the employee or public official is currently under the influence of or impaired by alcohol, or alcohol in combination with a controlled substance, based upon specific, personal observations that the supervisory employee can articulate concerning the appearance, behavior, speech or body odors of the employee. a. Accident/Incident. The employee or public official has been involved in an accident or incident reportable under these regulations, and the city's supervisory employee has reasonable suspicion that the employee or officials, acts or omissions contributed to the occurrence or severity of the accident or incident; or, b. Rule Violation. The employee or public official has been directly involved or charged with violating any city policies, rules or regulations dealing with his duties of office or city personnel policies and regulations. The above circumstances shall also be justification and shall constitute reasonable cause for breath testing. Reasonable Suspicion Reasonable cause also exists where a supervisor ;y employyee of the city has a reasonable suspicion that the employee or public official is currently under the influence of or impaired by alcohol or a controlled substance, based upon specific, personal observations that the supervisory employee can articulate concerning the appearance, behavior, speech, or body odors of the employee or official, subject to the following limitations. A. An employee or official may be required to submit to urine testing for reasonable suspicion only if the determination is made by at least two (2) supervisory employees or a collateral official of equal dignity and, B. If the determination to require urine testing is based upon suspicion that the employee or official is under the influence of or impaired by a controlled substance, at least one (1) supervisory employee responsible for the decision to require urine testing must have received minimal training in the signs of drug intoxication consistent with a law enforcement program. Preference far Breath Test where Alcohol is Suspected. If an employee or official is specifically suspected only or being under the influence of or impaired by alcohol, breath testing is a preferred means of confirmation, The city shall conduct a breath test before requiring a urine test unless to do so would not be feasible because of unavailability of a testing device or other considerations of safety or efficiency. Time Limitation Nothing in this section shall authorize testing of an employee with the breath test after the expiration of an eight (8) hour period from the time of the observations or other events described in this section. Construction Nothing in this subpart requires the city to undertake breath testing as a requisite to any disciplinary action or restricts the discretion of the city to proceed based solely on evidence of behavior, personal observations, or other evidence customarily relied upon in such investigations or disciplinary hearings. A. Breath testing tests shall be administered by a competent peace officer, schooled and authorized to administer the breathalizer test to any arrested suspects believed to be driving motor vehicles under the influence of intoxicating beverages. If an initial test is positive, the employee or public official shall be tested again after the expiration of a period of not less than fifteen (15) minutes in order to confirm that the test has properly measured the alcohol content of deep lung air. B. Because of the inherent limitations of the instrumentation, any indicative breath test. result of less than . CI210 shall be deemed a negative test. DRUG SCREENING PROGRAM 1. Furpvse The purpose of this directive is to establish City of Sanger policies and procedures under which the drug screening program will be implemented. The reason fur initiating a drug screening program in the City of Sanger is that public service is a trust which requires unconditional adherence to principles of honesty and integrity, and a constant state of readiness to serve the public in discharging one's duties. Unfortunately illicit drug use has entered into every segment of our society including civil government and medical research has determined that substance abuse has a harmful effect on an individual's performance of his duties. Substance abuse results in impaired judgment, lessened work performance and increased exposure to accidents to fellow workers and the individuals concerned. For these reasons the City of Sanger has a special responsibility to insure that members of its city council, appointed public officials and members of the various city boards and commissions, the city manager, department heads and their supervisory employees, all operators of city owned vehicles, all public safety employees and members of the police reserve force and the fire department volunteers, and all others occupying sensitive positions in the city's work force remain drug free. Drug screening has proven to be an excellent deterrent to the use of illegal drugs. Further, when sophisticated laboratory methods are used, drug screening is technically valid and accurate. 3. Palicy A . Drug screening through urinalysis is a condition of employment for placer,�ent into positions covered by the program. Candidates with confirmed positive test results from drug screening shall be subject to loss of consideration for the position applied for. B. Confirmed positive test results from drug screening demonstrate use of illegal drugs. Consistent with the City 's Personnel Policies public servants who improperly use illegal drugs may be subject to removal from the public service. 4. Scope The drug screening program outlined in this directive is limited to drug testing through urinalysis for all prospective applicants for city eIIiployft. leIlt, Inen.IDers of file City Council, appointed city official's and members of city boards or commissions, the city manager, department heads and their supervisory assistants, members of the fire and police departments, their reserve or auxiliary components and all other employees holding sensitive positions with the City of Sanger. Also included within this drug screening program are the animal control officer, and all city personnel who operate city owned or leased vehicles. This drug screening prograrn shall also extend to city persor�r�el involved in accidents resulting in injury to persons or damage to property, to all other employees whose duties are such that lessened work performance because of substance abuse would have a substantial adverse impact on the community and shall be further administered to all persons serving the City of Sanger whether in an appointed, managerial or employee capacity whenever circumstances indicate individualized suspicion which would warrant a reasonably prudent person to believe that such person is under the influence of controlled substances or alcoholic beverages. 5. Derinitfons A. Immunizing; A technique commonly used in drug screening to detect the presence of drugs in urine. This test uses drug - specific antibodies to discriminate between positive and negative samples. B. Gas Chromatography/Mass Spectrometry (GC/MS): An analytical technique which may be used as a confirmation test in urinalysis. GC/MS confirms the identity and concentration level of a compound by comparing its unique fragmentation spectrum and response to that of an analytical standard. C. Ye Me: Vehicle means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. D. Motor Vehicle: Motor vehicle means every vehicle is self- propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. 6. Responsibilities A. The city manager with the assistance of department heads has overall program responsibility for the drug screening program, which includes: (1) determining positions which are covered by the program; (2) authorizing the collection of urine specimens for ,. individuals tentatively selected for screening, (3) obtaining technical interpretations of positive test results; 7. Procedures A. Notification for prospective employees, newly appointed city officials and members of boards of city commission. At the time of notification of tentative selection for a position covered by the program, tentative selectees will be advised that their final Selection and placement into a position is contingent upon successful completion of drug screening through urinalysis (and nay other pre-employment/placement conditions such as medical examination, background investigation, etc,) Ei. Notification for all other public officials and employees. (1) The city manager or his nominee will generate a "blind" scheduling list of four (4) persons quarterly for drug screening program®examinations. (2) The list of names will be certified to insure no impropriety in selecting personnel. (3) Departments heads will determine if the selected employees are on duty. (4) If employees are on vacation, off -duty or scheduled to appear in court, their names will be rescheduled for f uture selection. Personnel relieved of duty with pay or on light/limited duty will be required to take the drug screening test. Personnel on disability will be scheduled after consultation with their physicians. (5) The city manager will provide the names of those personnel selected to the appropriate department heads. The city manager's office will notify department heads and appointed city officials and boardmembers of their scheduled times for the drug screening test. (6) All personnel will report immediately to the medical/testing facility after being notified by the appropriate person. All testing must be completed before the end of the examinee Is tour of duty, but not later than the day of such notification. C. Sample Collection The guidelines described below will be used in the collection process: (1) The subject (tentative selectee) may be asked to report to a collection location. However, if the collector is not located within reasonable geographic proximity to the subject, or for other reasons the collector may come to the subject's location, or the collector may arrange an alternate location for sample collection. 0 (2) When met by the collector, the subject will be asked to show a photo identification. If the applicant does not have one of the types of identification listed below, he/she will be asked to reschedule the appointment. Drug screening will not take place without proper identification. Acceptable I.D. 's are: i@ T1ri�TAr'c T.1C'P11CP With tl}lnt.ti Employee I. D. with photo Social Security Card with signature, if no photo identification is available Na other types of I.D. are acceptable. (3) After identification is made, the subject will be required to provide the following information which will be recorded on a pre -test form: Name Address Current Job Title/Employer of a ppainted The subject will then be asked to fill our a second form which requests the following information: Name Social Security Number Medications taken within the last thirty days (the disclosure of this information is voluntary) The subject will also be asked to explain any circumstances in which he/she may have been in legitimate contact with illegal substances over the last thirty days. The subject will be asked to sign a statement which indicates that he/she understands the ramifications of drug screening positive results. (4) Once FA farm has been completed, the subject will be asked to remove his/her outer garments (coats, jackets, etc.). In addition, all personal belongings must remain with the outer garments. The subject may retain his/her wallet. 1Vo outer gar clients or per sorial belorigirigs (pur sea, bags, etc.) can be taken into the restroom while the subject voids. (5) When the testing takes place, the following procedures will be used. Observation will be "close" but not "direct. " That is, the contractor shall not directly observe the voiding "body to bottle. it Instead, at the collector's location, precautions will be taken to prevent sample adulteration. (8) Upon receiving the specimen bottle back form the subject, the collector will insure it contains sufficient urine volume. If there is not enough urine volume in the bottles, additional urine will need to be collected. (7) If the subject is unable to void at the appointment time, or if the amount of urine voided is not sufficient: a. The subject. will be given coffee or water• to drink. The subject should void within the hour. b. If he/she is unable to void, the subject will be asked to return within a reasonable period of time during the same day. c. If, after this period of time, the subject still cannot void, the inability to produce a sample will result in loss of consideration for the position applied for. Public officials and employees will be scheduled for a subsequent test. c D. Chain V1 Custody (1) After the urine specimen is collected, the subject must immediately hand the specimen to the collector. If the specimen is unusually hot or cold, another specimen will be collected. (2) A tamper -proof custody seal will be affixed over the top of the bottle cap and down the opposite j...]�c 4.1... 1...4.4.1.. A A.. AA.. 4J J...�4J.,.. label •.�J11 bltAtfb V1 UP:: UVLLIC. P% Ul 111C luCn61fiRmat1V11 label wilt be completed and placed around the base of the bottle, making certain it covers both ends of the tamper -proof custody seal. (3) The subject will be asked to read a certification statement., certifying that the urine in the bottle came from his/her body, and then sign his/her signature on the chain of custody forth. (4) The subject is asked again t.o show proof of identification to insure that the signature matches. (5) The collector witnesses the initial on the tamper- proof seal, and the signature on the custody form, by signing his/her name and professional credentials. (6) All urine specimens will be placed in plastic bags. The bags will be sealed tightly and placed in mailing envelopes. The completed chain of custody form will be folded in quarters and wrapped around the plastic bags. The form will be secured to the bottle. (7) The Drug Screening Pre -test Form will be placed in a sealed envelope. The subject's social security number will be written on the outside of the envelope. The envelope will be sent to the coordinator, This envelope will not be opened unless there is a positive finding, in which case, any information provided on the Pre -test Form (such as prescription drugs taken, or legitimate m contact with illegal substances), will be analyzed to determine its impact on the test results. The envelape containing the Pre -test Form will be destroyed by the Drug Screening Coordinator if the drug screening test is negative. (8) The specimen will be delivered to the laboratory or its authorized representative at the collection location. E. Laboratory Procedures/Laboratory Reporting (1) .The contractor uses a combination forrrl which includes both custody documentation and acts as a laboratory requisition. This ensures that all of the necessary information about a particular specimen arrives at the laboratory at the same time as a urine specimen. (2) The laboratory will fallow appropriate chain of custody procedures throughout the period the sample is being tested. (3) After testing, negative samples will be discarded by the laboratory. Only samples testing positive after both the screening and confirmation tests will be considered positive. Positive samples will be retained at the laboratory in a frozen state, until the Drug Screening Coordinator directs there to be destroyed. (4) The laboratory shall report the results of the testing to the Drug Screening Coordinator. 8. Technical Methodology A. Range of Drugs Drugs which will be tested for are as follows; Marijuana (cannabinoids), Cocaine, Opiates, Amphetamines, and Phencyclidine. B. Technical Protocol The technical Protocol for the drug screening program is a screening test using immunoassay. Samples testing positive will undergo a confirmation test using gas chromatography/mass spectrometry. C. Quality Assurance Program Blind quality assurance samples will randomly be ter mi11g1GetA vVith the �p cim ji samp11 s a.*id aliaiyr7gNA in the same manner as actual specimens. Blind samples will be provided by the laboratory to monitor the performance of the contractor. 9. Personnel Policies A. Advance Notification Whenever possible, vacancy announcements and other recruiting notices will state if a position requires the successful completion of drug testing prior to final placement in the position. An applicant who is tentatively selected for a position will be notified in advance in writing of the drug testing requirement. B. Sample Adulteration Any attempt to substitute another person's urine for one's own, to adulterate a sample, or fraudulently affect reported results will result in disciplinary/adverse action. C. Negative Findings Negative findings (na illegal drugs in the urine) will be reported telephonically or by mail by the city manager or his nominee to the tentative selectee. D. Positive Findings (1) Post -Test Fallow -up a. The Drug Screening Pre -test Farm of any subject. testing positive will be reviewed to determine if _ the use of prescription drugs was indicated. If the information %J the Pre -test Form is sufficient to determine that the test results are consist with the ingestion of the prescription drugs as described by the subject, rather than the use of illegal drugs, the technical assessment will be documented accordingly, and the tentative selectee will be notified that the results were negative for drug screening purposes. If the information on the Pre -test Form is relevant but insufficient to determine the impact of the medications upon the test results, the subject will be notified in writing by the city manager or his nominee and asked to provide additional information. In such instances, the subject will have five work days to provide evidence of prescriptions taken (i.e., prescription number, prescription date, and/or a Doctor's certificate stating that the subject was taking the medication). b. The Pre -test Form of any subject testing positive will be reviewed for information concerning legitimate contact with illegal drugs. If the subject indicated on the Pre -test Form that he/she was in legitimate contact with illegal drugs within the last 30 days, the subject will be asked to submit documentation from his/her supervisor which verifies this contact. Once this documentation is received the city manager or his nominee may request the chief of police to verify the information. c. Are evaluation will be r�tiade, with appropriate assistance from technical experts of all information provided in connection with the ingestion of prescription drugs and/or legitimate contact with I llegal substances in order to interpret the test results. Candidates will be notified in writing of all interpretations. (2) Notification of Positive Findings As indicated above, appointed officials grid employees who test positive and whose Pre -Test Form contains relevant information on the use of prescription drugs and/or the legitimate contact with illegal substances, will be notified in writing of the technical interpretation of their test results. In addition, officials and employees who test positive but whose Pre -Test Form does not ne%ntain raiairnnt informaWw will receive written .vAAU notification of the positive finding. (3) Independent Testing -Positive Findings A public official or employee who tests positive through drug screening may designate a laboratory for independent testing of a portion of the sample collected at the time of drug screening. In such instances, the laboratory used by the City of Sanger will send a portion of the original sample to a laboratory designated by the employee. Such requests must be made in writing and should be submitted to the city manager. (4) Actions Taken: Prospective Employees and Public Officials Tentative selectees who test positive through drug screening will be referred to the city manager for a suitability determination as appropriate. If found unsuitable, they will lose consideration for the position applied for. (5) Actions Taken: Public Officials and Employees Public officials and employees who test positive through drug screening consistent with these policies, are subject to removal from public employment and/or service. A city employee or public official who does not wish to challenge a positive finding may voluntarily resign. If the employee or official submits a resignation before receipt of an adverse action proposal, the standard form documenting the employee's or official's resignation will indicate the empldyee resigned for personal reasons and no additional findings relating to the reason for resignation will be included on the form. E. Refusals Any tentative selectee who refuses to undergo drug screening in conjunction with an employment opportunity will be consideration for that position. Subsequent applications will not be affected by a refusal. Adverse actions will be taken agaiilsL Uij employee wijv ref uses drug sc eeljillg LesLs UIBA ally documentation adversely affecting subsequent applications shall be maintained. 10. System of Records/Privacy Act Records generated by the drug screening program will be maintained in a system of records and no unauthorized disclosures shall be made to third persons except in accordance with the Texas Open Records Act. The results of drug screening tests shall riot be submitted to authorities for use in criminal proceedings. Appendix 1 lakwMA061 WO Positions Covered The fallowing positions will require drug screening as a condition of appointment/employment and continued retention into the position except as provided otherwise. Specific Positions All Prospective Employees and/or Appointed City Officials or Members of Boards or Commissions Members of the City Council Appointed City Officials Merribers of Boards or Commissions City Manager Department Heads Supervisory Employees of each City Department Members of the Sanger Police Reserve Force Members of the Fire Department Members of the Sanger Volunteer Fire Department The Animal Control Officer All City Employees who oparate City Owned or Leased Vehicles or Motor Vehicles A11 other Employees Holding Sensitive Positions W Ct _ DRUG SCREENING PRE —TEST FORM —THE CITY OF BANGER Name (Print) Social Security Number 1, Have you taken any medications in the last thirty days`? (You do rtint nc.c✓l to 110t a"Ut nr.rr�mnrWSIy »cc.rl nRWrnr•-tha_n^JInfnr mnrlinafIjP% cUnh ac 11V1. 111�\.ekA 4V i1JV 4N11 4V11 111V1L IAJ�\A V rlrl 4111� <.Vl AAl4 i AAAl . Ai IW1V11J J YAA { &wY aspirin or cold preparations). List types of medications and dates taken. 2. Have you been in direct contact with controlled substances (illegal drugs) in the performance of official duties during the past thirty days`? Yes Please explain the circumstances under which direct contact was made, and the dates) of such contact(s). 3. My signature below indicates that I understand the following: (1) satisfactory completion of drug screening is a condition of employment/placement in the position applied for; (2) if the results of this test indicate use of illegal drugs, I am subject to loss of consideration for the position applied for; (3) if I am currently a member of the Sanger Council, a city employee, an appointed city official or member of any city board or commission, and the results of this test indicate use of illegal drugs, I am subject to removal from the public employment for service; arid, (4) if I refuse to undergo drug screening I will lose consideration for the position applied for, or will be subject to removal as a member of the city council, from public employment, or from my position as a public official or member of a board or commission. signature of subject date @ signature of witness date SAMPLE COPY: WHEN TENTATIVELY SELECTED, CANDIDATES WILL RECEIVE THIS FACT SHEET CONTAINING PERTINENT INFORMATION ABOUT THE TESTING PROCESS DRUG SCREENING FACT SHEET PiTRPOSE: The purpose of the drug screening program is to help ..r�>>hl�n ^iflnlaio artira itC GIamrlr fnrne are llrllg-free. 1115ur a L11G11 JUllge.. pub i%.. V111%..1[41J u1aa a�J v•va .� ays Since public service requires the highest integrity and readiness, the use of illegal drugs by public officials and employees cannot be tolerated. Drugs which are included under the Sanger drug screening program: All controlled substances enumerated in Article 4476-15 V.A. C. S., including, but not limited to: marijuana, cocaine, amphetamines, opiates (includes heroin and morphine) and PCP. Arranging an appointffient: After receiving advice that you have been tentatively selected by the City of Sanger, you will be contacted by a local collection company representative who will set up an appointment with you for your drug test. The time and place of the drug test will be worked out between you and the company representative. Normally, you will be asked to report to a. clinic located near your residence or place of business. In some cases, especially if you live in a remote geographic location and if a company representative is not located near you, the representative will travel to your location for the purpose of ,your drug test. In those cases, you and the representative will work out a meeting place of mutual convenience, such as a local hospital, clinic, or a public building such as a police station. What to bring to your appointment: 1. He sure to bring one of the following types of identification: • Driver's License with photo • Employee I.D. with photo • Social Security Card with signature, if no photo identification is available No other types of I.D. are acceptable. 4 2. You should also bring any information relating to any prescription medications you are currently taking or have taken during the past thirty Jays such as a note from a doctor indicating such medications, or other prescription information including date of prescription, type of medication prescribed, medication concentration, frequency of use, date medication was last taken, prescription number, name of the physician prescribing the medication, and date of prescription. CITY OF SANGER P. O. Box 578 Dear We are pleased to advise you treat you have been tentatively selected for employment or appointment to a city position, board or commission as follows: Position Title: Salary: At. this time, your selection is considered tentative since the position offered or appointment is contingent upon your meeting the applicable requirements designated below: DRUG SCREENING TEST Continued consideration for this position is contingent upon satisfactory completion of a drug screening test. Drug screening will be performed through laboratory analysis of a sample of your urine. Since satisfactory completion of drug screening is a condition of employment/appointment, candidates with positive findings indicating the use of illegal drugs are subject to loss of consideration for this position. E i BOX 3 ANGER, TEXAS _ii TO: Honorable Mayor & Members of the City Council FROM: John Hamilton, City Manager DA T E: March G$, 1991 SUBJECT: Ordinance #06-91 -Establishing Electric Rates Within Sanger For Denton County Electric Cooperative, Inc. The attorneys representing Denton County Electric Co-op. have requested the City Council consider adopting an ordinance establishing the electric rates charged by Denton Co-op. in Sanger. The proposed rates have been approved by the Public Utility Commission; therefore, there is no authority Council can exercise concerning the rates only whether or not you desire to adopt Ordinance #06-91. Consulting City Attorney Ran Neiman recommends adapting the ordinance which he has reviewed and revised. Mr. Neiman considers the ordinance a means of protecting consumers from a higher rate that could be awarded to Denton Co-op. by the P. U. C. if the Co-op, returned to the P. U. C. without an ordinance in place. A copy of the ordinance as prepared by Mr. Neiman as well �s the sample ordinance submitted by Denton Co. Co-op. are enclosed. JH:es Enclosures City of Sanger, Texas Ordinance #00-91 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY DENTON COUNTY ELECTRIC COOPERATIVE IN THE CITY OF SANGER, TEXAS; PROVIDING FOR SCHEDULES AND CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T'HE U T'Y Ur' SANGER, TEXAS: SECTION I. That the rates, tariffs, and charges of DCEC for electric power and energy sold within the City be revised to increase annual revenues by $2,892,180 on a total Texas system basis. Such schedules of Rates, as are approved in accordance herewith, are those under which said Cooperative shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City for all such consumption from and after April 1, 1991, until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council, SECTION II. The DCEC shall file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon such increase in total operating revenues as prescribed herein. The rate design implemented by such schedules and tariffs shall be in accord with the stipulation of the parties in Docket 9892 before the Public Utility Commission of Texas and shall reflect the percentage increases to each customer class shown on Exhibit "A" attached hereto and incorporated herein. Such schedule of Rates and Tariffs may be modified or amended by the City Council within ten (10) days from the date of filing with the City, otherwise, the same shall be considered approved as filed. Provided, however, notwithstanding any other provisions herein contained, the rate increase provided for herein shall not be effective prior to the effective date of the rate increase ordered by the Public Utility Commission of Texas in Docket 9892 and no rate of DCEC within the City of Sanger shall, in any case, exceed the corresponding rate of customers of DCEC in unincorporated areas whether such rate for Ord. #OF-91 Page 2 unincorporated areas is set prior to or after the adoption of this Ordinance and it shall be unlawful for DCEC, its agents, servants, or employees to collect or attempt to collect any higher rate within the City of Sanger than is collected by DCEC within unincorporated areas. SECTION III. That the action of the City Council of the City of Sanger enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for DCEC within the City of Sanger in accordance with Section 43(e) of the Public Utility Regulatory Act. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of DCEC. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining section, sentences, clauses, or phrases of this Ordinance or the Ordinance as an entirety, it being the legislative intent that the provisions of this Ordinance are separable and that the Ordinance shall continue in effect notwithstanding the invalidity of such section, sentence, clause or phrase. LH a• • That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. 0 Ord. #06-91 Page 3 SECTION VII. It being for the public welfare that this Ordinance be passed, creates an emergency and public necessity, and this Ordinance shall now be placed on its final reading for passage, and shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this Nel Armstrong Mayor ATTEST: Rosalie Garcia City Secretary EXHIBIT An DENTON COUNTY ELECTRIC COOPERATIVE RATE INCREASE BY CLASS DOCKET #9892 COOPERATIVE PRESENT REVENUE RATE CLASS REVENUE INCREASE Residential 24,654,423 2,188,020 Public Buildings 930,491 1023896 Small Commercial 1,652,938 159,938 Industrial 2,845,804 301,584 Lighting 430j535 593512 Other 143,910 003230 TOTAL 30,65$,110 2,892,180 AGREED INCREASE :o' 9, 43� (i) (Z) City of Sanger This charge is for the availability of electric service May through Uctober billing periods, inclusive: $.054Z54 per KWh for all 1 � '- April billing periods, inclusive: Each billing period the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy is actually used: (i) The customer charge; (Z) Any amount authorized under the Cooperative's line extension policy for amortization of line extension costs. This rate is subject to all billing adjustments. r LAW OFFICES MCGINNIS, LOCHRIDGE & KILGORE 1300 CAPITOL CENTER 91 D CONGRESS AVENUE AUSTIN, TEXAS 78701 TELEPHONE (512) 476-6982 WRITER'S DIRECT DIAL NUMBER: (512) 495-6046 March 15, 1991 ti� n K 9 R Z�ig9 � ItriK t Mayor and Governing Body City of Sanger RANGER 201 Bolivar St. P. 0. Box 578 Sanger, Texas 76266 Re: Request for Approval of Revised Rates Dear Sirs: This firm represents Denton County Electric Cooperative, Inc. In early December, the Cooperative filed a major rate case requesting that the Public Utility Commission of Texas and each of the cities within which the Cooperative provides service approve revised rates. Some cities in which the Cooperative provides service suspended the effective date of the proposed rates. Others took no action. Irregardless of the status of the Cooperative rate application before your city, the Cooperative is requesting that your city approve the enclosed tariffs effective April 1, 1991. These tariffs are the product of negotiation and compromise among the parties to the Cooperatives rate case pending before the Public Utility Commission, including the Commission's staff and the cities of Lewisville, Carrollton, Plano, Double Oak, and Flower Mound. All of the parties to the Commissions proceeding, after a thorough investigation of the Cooperative, have requested the Public Utility Commission to approve the enclosed tariffs. A copy of the Settlement Agreement filed with the Public Utility Commission accompanies this letter. The Cooperative would like to implement uniform system rates effective April 1, 1991 for all areas the Cooperative serves, including rural areas and areas within incorporated municipalities. To accomplish this the Cooperative asks that you place this matter on the agenda for the next city council meeting March 15, 1991 Page 2 and adopt the enclosed ordinance approving revised notes as quickly as possible. Your assistance in this matter is most deeply appreciated. Yours very truly, Campbell McGinnis CM:bp Enclosure E ORDINANCE NO. AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY DENTON COUNTY ELECTRIC COOPERATIVE, INC. IN THE CITY OF BANGER, TEXAS: PROVIDING FOR SEVERABILITY: PROVIDING A REPEALER: AND DECLARING AN EMERGENCY. WHEREAS, on or about December 41 19909 Denton County Electric Cooperative, Inc. (the "Cooperative") filed with the City of Sanger (the "City"), pursuant to the requirements of the Public Utility Regulatory Act, a statement of intent to change its rates system wide and a petition for authority to chancre rates requesting the City to improve implementation of the change in rates within the corporate limits of the City; and WHEREAS, the Cooperative filed with the Public Utility Commission of Texas the same statement of intent and a petition for authority to change rates requesting the Commission to approve mplementation of the change in rates within areas in the ori iginal jurisdiction of the Commission; and WHEREAS, the Cooperatives request to the Public Utility Commission has been thoroughly investigated by the Public Utility Commissions staff and intervenors including the incorporated municipalities of Lewisville, Carrollton, Plano, Double Oak, and Flower Mound, and WHEREAS, all parties to the Public Utility Commission proceedings considering the Cooperatives rate request have settled and compromised all issues and requested commission approval of the tariff, including rate schedules, accompanying this Ordinance; and WHEREAS, the City finds the tariffs and schedules of rates attached to this ordinance to be reasonable and lawful; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANDER, TEXAS: SECTION I. The tariff sheets attached hereto and made a part hereof are approved for implementation within the City effective April 1, 1991. Such tariffs shall apply to all electric service rendered on and after April 1, 1991. The tariffs, including rate schedules, herein approved, shall continue in effect until changed, modified, amended, or withdrawn in accordance with applicable laws. SECTION II. The enactment of this Ordinance constitutes, on the date of its final passage, a final determination of rates for the Cooperative within the City in accordance with Section 43 of the Public Utility Regulatory Act. SECTION III. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the authority of the City to regulate rates and charges of electric utilities. SECTION III. If any section, sentence, clause or phrase of this Ordinance s for any reason held to be unconstitutional or otherwi ise invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining section, sentences, clauses, or phrases of this Ordinance or the Ordinance as an entirety, it being the legislative intent that the provisions of this Ordinance are separable and that the Ordinance shall continue in effect notwithstanding the invalidity of such section, sentence, clause or phrase. SECTION IV. That all ordinances, resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. SECTION V. It being for the public welfare that this Ordinance be passed, creates an emergency and public necessity, and the rule requiring this Ordinance be read on three (3) separate occasions be, and the same is hereby waived, and this Ordinance shall now be placed on its third and final reading for passage, and shall be in full force and effect from and after its passage and approval. SECTION VI. The City clerk or other officer of the City is hereby directed to certify a copy of this Ordinance and send it to the Cooperative. PASSED AND APPROVED opposed on the this by a vote day of_ -2- in favor to ATTEST: City of Sanger By: Title: -3- DOCKET N0. 9892 APPLICATION OF DENTON COUNTY ELECTRIC COOPERATIVE, INC. FOR AUTHORITY TO CHANGE RATES AGREEMENT PUBLIC UTILITY COMMMSSION OF TEXAS ci TO THE HONORABLE PUBLIC UTILITY COMMISSION OF TEXAS: WHEREAS, on November 30, 1990, Denton County Electric Cooperative, Inc. ("the Cooperative") filed with the Public Utility Commission of Texas ("the Commission") a Statement of Intent to increase rates to be charged within those parts of the Cooperative's service area which are subject to the Commission's original rate jurisdiction alleging that the proposed changes are expected to result in a system -wide annual increase of $3,297,215 or 10.84� over the Cooperative's actual operating revenues at present rates for the test year ending June 30, 1550. Additionally, the Cooperative proposed to surcharge municipal franchise fees to customers within incorporated municipalities imposing franchise fees; and WHEREAS, the incorporated Carrollton, Plano, Double Oak, municipalities of Lewisville, and Flower Mound (hereinafter referred to as "Cities"), and Mr. Randy Stephens requested and were granted intervention; and WHEREAS, after due notice by the Commission, a prehearing conference was held in this proceeding on January 8, 1991, and the Commission (1) suspended the effective date of the Cooperative's -1- proposed rate change; and (2) established a schedule for discovery and hearing on the merits; and WHEREAS, the Cooperative filed a Motion to Supplement its Pleadings, requesting an increase over actual test year revenues of $3,843,228 or 12.64� if the Cooperative is required to collect municipal franchise fees through base rates, which motion was not opposed and was granted; and WHEREAS, Mr. Randy Stephens withdrew his intervention and did not participate in the proceedings; and WHEREAS, prior to the hearing on the merits the Commission's General Counsel, the Cities, and the Cooperative (collectively the "Parties"), being all of the parties in the case, met and agreed to stipulate to a revenue increase and specific rate and tariff changes; and WHEREAS, after notice was given in accordance with law, hearing on the merits of this proceeding began on March 11, 1991; and WHEREAS, all of the Parties request the Commission to grant the stipulated rate increase and approve the stipulated rates and tariffs as interim rates effective April 1, 1991, and approve the stipulated rates and tariffs as soon thereafter as practicable; NOW THEREFORE, the Cooperative, the Cities, Counsel agree as follows: and the General -2- I. Evidence The Cooperative, Cities, and the General Counsel hereby introduce into evidence in Docket No. 9892 without objection the following: 1. The February 18, 1991, letter to the Director of Hearings from McGinnis, Lochridge & Kilgore, together with attached affidavits and other proof of public notice and delivery of the rate filing package to each of the 1A i nrrnrtnnrated mi1ni ri pal i ti t=c wi thi n which the Cooperative provides service; 2. The March 5, 1991, letter to the Director of Hearings from McGinnis, Lochridge & Kilgore, together with affidavits showing publication of supplemental public notice and delivery of notice to each of the 28 incorporated municipalities within which the Cooperative provides service; 3. The Cooperative's Motion to Supplement Pleadings, together with the accompanying schedules; 4. The letter dated January 30, 1991, to the Director of Hearings from McGinnis, Lochridge & Kilgore, together with attached schedules, which the Parties request be substituted for the corresponding schedules in the rate filing package; 5. The Cooperative's rate filing package including: Petition for Authority Statement of Intent Proposed Rate Schedules Direct Testimony - Bill McGinnis Direct Testimony - Judy Lambert Direct Testimony - Carl Stover, Jr. Direct Testimony - David Hedrick Direct Testimony - Bob Beam All associated exhibits referenced in the direct testimony All exhibits required to be included in the rate filing by Commission rule. 6. The Cooperative's Cost of Service Study; 7. Proposed tariff for Electric Service; 8. The Direct Testimony of the Commission's staff as follows: Direct Testimony - Gail Friedrich Direct Testimony - Gilberto Cabre Direct Testimony - Denise Stokes Direct Testimony and errata - Kit Szeto Direct Testimony - Mel Eckhoff All associated exhibits referenced in the staff's Direct Testimony; and 9. The Direct Testimony of the Cities' witness, Mr. Jack E. Stowe, Jr., together with all associated exhibits referenced therein; and The Rebut�rai T�VJtimony of the VVVpVrativV, a.Ci foiioni.Ci iV • Rebuttal Testimony - Bill McGinnis Rebuttal Testimony - Bob Beam Rebuttal Testimony - Carl Stover, Jr. Rebuttal Testimony - David Hedrick 11. The Cooperative's Direct Testimony concerning rate case expense, including the direct testimony of Campbell McGinnis, Bob Beam, and Carl Stover, Jr., together with all associated exhibits referenced in such testimony; the Rate Case Expense Testimony of the Cities' witnesses, Jim Boyle. 12, The Rate Case Expense Testimony of the Commission Staff witness, Gail Friedrich. The Parties to this agreement introduce into the evidence this agreement and the attached Findings of Fact, and Conclusions of Law, all of which are incorporated into this agreement for all purposes. II. Stipulated Findings For the purpose of settling this proceeding only, the undersigned Parties stipulate to the Findings of Fact attached hereto. There are no unresolved issues. III. Revenue Increase The Cooperative has proven that it is entitled to a revenue 4 increase of $2,892,180 as shown on Schedule 1 attached. This amount represents a compromise among the Parties. The total amount of the revenue increase is comprised of (1) an increase of $2,500,000 over the Cooperative's adjusted test year revenues, plus (2) revenues equal to 2� of test year gross receipts from customers within municipalities which impose franchise fees on the Cooperative. IV. Class Allocation It is agreed that the stipulated base rate revenue require- ment shall be allocated among the customer classes as shown on Schedule 4 attached. v. Rate Design The Parties further stipulate and agree that those rates set forth in Schedule 5 attached, are just and reasonable. There shall be included in base rates 2% of gross receipts from customers within municipalities which impose franchise fees on the Cooperative. If any city imposes a franchise fee greater than 2� of gross receipts, then such excess shall be surcharged to customers within such municipality. vI. Tariff Provisions The Parties hereby agree that the tariff accompanying this Agreement and each of the rates therein are reasonable, fair, just -5- 1 .� and equitable and not unreasonably preferential, prejudicial, or discriminatory. The Parties request that this tariff be implemented as interim rates effective April 1, 1991, and finally approved as permanent rates as soon thereafter as possible. vII. Methodology It is recognized and agreed that the Parties hereto, by filing this Agreement, do not express agreement to or concurrence with any specific methodology or principle expressed or implied herein. This Agreement is made and filed solely in connection with compromise settlement of this Docket and is subject to the specific approval by the Commission. The findings of fact are stipulated for the purpose of settlement only and are not binding on any party in future proceedings. This document is submitted to the Commission as an integrated settlement and shall cease to bind the Parties or affect their right to a hearing in the event of any material modification. VIII. Interim Rates The Parties agree that the tariffs and schedules of rates accompanying this Agreement should be implemented as interim rates, effective April 1, 1991. The Parties request that the Commission enter an order approving the stipulated tariffs as interim rates at the earliest possible date. If, upon final order, the Commission established permanent rates for the Cooperative which are different from the rates implemented on an interim basis, any difference between the interim and final rates would be subject to refund or surcharge if ordered by the Commission. The Parties agree that a material part of the consideration for this Agreement is the implementation of the accompanying tariffs on an interim basis, effective April 1, 1991. The Cooperative would not otherwise enter into this Agreement. If, for any reason, the Commission does not enter an order by March 21, 1991, approving the implementation of the accompanying tariffs on an interim basis, pending a final decision in this proceeding, then the Parties request this case be set for full evidentiary hearing on the merits as quickly as possible, and this Agreement, together with the accompanying Findings of Fact and Conclusions of Law, shall be of no effect. Each of the Cities shall take such final action on or before April 15, 1991, approving this settlement and adopting the accompanying tariffs effective April 1, 1991. Additionally, Cities agree to use their best efforts to cause other municipalities within the Cooperative's service area to approve the accompanying tariffs, effective April 1, 1991. The Cities further agree that its rate case expenses shall not exceed $25,000. The Cooperative agrees to pay actual rate case expenses of the Cities not to exceed $25,000. IX. Entire Agreement This written Agreement constitutes the entire agreement of the undersigned Parties. All prior or contemporaneous representations or agreements are merged in this agreement and superseded by this written agreement. This Agreement should be construed with reference to first, the document and attachments attached thereto, and second, the schedules, exhibits, and documents specifically referred to in the Agreement itself and third, other documents and evidence submitted into evidence in this proceeding. Executed as shown below: Denton County Electric Cooperative, Inc. By: General Counsel of the Public Utility Commission of Texas By: Tit The Cities By: Tit tie Q� A FINDINGS OF FACT 1. Denton County Electric Cooperative, Inc. (the "Cooperative") is a non-profit member owned corporation organized and existing under the laws of the State of Texas and is a public utility as that term is defined in the Public Utility Regulatory ACt, '1'Ex. REv. %IV. STtiT". Aiviv, art. i�YvC (�upp. 1991), and provides electric service pursuant to a Certificate of Convenience and Necessity issued by the Public Utility Commission of Texas. 2. On November 30, 1990, the Cooperative filed a Statement of Intent to Change its Rates on a system -wide basis with the Public Utility Commission of Texas and shortly thereafter with those municipalities exercising original jurisdiction under the Public Utility Regulatory Act. The Statement of Intent included proposed revisions of tariffs and schedules and statements specifying in detail each proposed change, the effect the proposed change was expected to have on the revenues of the Company, the classes and numbers of utility customers affected, and other information required by the rules and regulations of the regulatory authorities exer- cising original jurisdiction. -1- 3. A copy of the Statement of Intent was mailed or delivered to the appropriate officer of each municipality affected by the proposed change. 4. Notice and Supplemental Notice of the Cooperative's proposed change in rates was given to the public by publication of the chango in a �nnapir_t�ous form and place once each proposed week for four consecutive weeks prior to the effective date of the proposed change in newspapers which have general circulation in each county containing territory affected by the proposed change. 5. By order dated December 12, 1990, the operation of the Cooperative's proposed schedules was suspended for 150 days beyond the Cooperative's effective date of January 4, 1991. 6. On January 8, 1991, a prehearing conference was conducted regarding this proceeding. The Administrative Law Judge set a schedule for discovery and hearing on the merits. 7. On March 11, 1991, the hearing on the merits was convened and the parties announced the foregoing Agreement. -2- 8. The Cooperative's total cost of service and total revenue requirement is $33,550,290, as shown on Schedule 1 attached hereto. Excluding miscellaneous revenues, and other electric utilitI revenues of $224,140, the base rate revenue requirement is $33,326,150. �__-. ,._,,._, .-•-_-l._a ��.-i � rco �i� ocn and . 9 . l.he c:ooperaLly� s LUt,Ql 111V C.1 VCtJ �.apll.al +."'1 y.r .r, .+�, ivv includes the components shown on Schedule 1, attached hereto. 10. A return of $5,109,167 is reasonable. This corresponds to a 9.6% rate of return when divided by the value of invested capital. 11. It is reasonable to allocate the base rate revenue requirement to classes as shown on Schedule 3 attached hereto; and rates designed in accordance with such allocation are just and reasonable and not unreasonably preferential, prejudicial, or discriminatory. 12. It is reasonable to use the test year billing determinants as shown on the attached Schedule i to design rates. Further, those rates set forth in Schedule 4- are just and reasonable. -3- 13. The tariff attached hereto and the rates contained therein are just and reasonable and not unreasonably preferential, prejudicial, or discriminatory. The staff has reviewed the attached tariff and no further review is necessary. 14. The depreciation rates proposed by the Cooperative are just and reasonable. 15. It is reasonable to implement the attached tariff effective April 1, 1991. -4- Conclusions of Law 1. The Commission has jurisdiction over this matter pursuant to TEX. REV. CIV. STAT. ANN. art. 1446c, §§16, 17, 18, and 37-48 (Supp. 1991). 2. Denton County Electric cooperative, inc. (DcE�j is a public utility as defined in Section 3(c) of the Public Utility 3. 4. 5. Regulatory Act (PURA). TEX. REV. CIV. STAT. ANN. art. 1446c (Vernon Supp. 1989). The proposed settlement herein will allow the Cooperative a reasonable opportunity to recover its reasonable and proper operating expenses together with a reasonable return pursuant to the requirements of §§39 and 40 of the above -cited Act but will not yield more than a fair return. The rate and tariff provisions of the proposed settlement are just, reasonable, and not referential or prejudicial. discriminatory, On November 30, 1990, DCEC, filed its statement of intent to change rates in accordance with Section 43(a) of PURR. 6. DCEC has published and mailed notice of its application as required by Section 43(a) of PURR and PUC Proc. R. 21.22(b). 7. DCEC has met its burden of establishing a revenue deficiency as required by Section 40 of PURA. 8. Pursuant to Sections 37, 38, 39, and 43 of PURA, an order should be entered authorizing DCEC to increase its rates consistent with the terms of the Stipulation. 9. The Stipulation is not precluded by law and the Commission may establish rates consistent with the terms of the Stipulation. Section 13(c). TEX. REV. CIV. STAT. ANN. art. 6252-13a, -6- DESCRIPTION PURCHASED POUER i OPERATIONS AND MAINTENANCE DEPRECIATION OTHER DEDUCTIONS INTEREST ON CUSTOMERS DEPOSITS TAXES (OTHER 1H1►N INCOME TAXES) RETURN REVENUE REQUIREMENT i�vvi.i^i vTT Li TY vvw�i vvivY �[ t�VA! RR►A•RAARRIRRRRRAwRRRRRRRRRRRRRlA* DENTON COUNTr ELECTRIC COOPERATIVE, tNC, DOCKET N0. 98bZ REVENUE REQUIREMENT RRRRR*RARARAR RRARRk (COLUMN 1} TEST TEAR PER BOOKS 21, l4$, 749 4,03Y,L'UO 1,814,83I li,2S4 55,362 867,522 2,4�3,100 30,408,012 ■■■aaw■wwwwwwww (COLUMN t) coMPANr ADJUSTMENTS TO TEST rEAR 240,838 i 23V,8Vi 103,511 0 2, 428 (395,728) 3,115,SI0 s 3,287,218 1 w YrYwYww�Y,{twww STAFFS ADJUSTMENT TO TEST YEAR PER 800K5 IS DERIVED by AODJNO THE AMOUNT IN COLUMN 2 t0 THE AMOUNT IN COLUMN 4 (COLUMN 3} coMPAMr REQUESTED TEST rEAR 21,347,585 w. G,2oa',ova 1,918,348 11,234 37,788 481,791 5,588,670 33,705,228 ...■.■■.....wow (COWNN 4) STAif ADJUSTMENTS TO REQUEST = 0 i (301,13$) (110) (1,954) {3,132) 438,893 (478,503) _ (154,938} i cruEnii`e SETTLEMENT (COLUMN s) S1Aff RECOMMENDCD TEST TEAR 21,387,585 � laa a» 1,918,238 3,280 34,656 928,687 5,109,161 33,550,290 ............... ( DESCRIPTION O&M NOT ADJUSTED i r°AYRDLL WORKMEN'S COMP 6 GEN W A8 INSURANCE MEDICAL INSURANCE RATE CASE EXPENSES RECLASSIFY PUC ASSESSMENT LEGISLATIVE EXPENSE EMPLOYEES PENSION PLAN OUTSIDE SERVICES MISC. 6 GENERAL EXPENSE - DONATIONS MISC. ADJUSTMENT UNCOLLECTISLE EXPENSE TOTAL OPERATIONS AND MAINTENANCE i n l,wl ,A AA,h,�4r�AV I fwV1A rvoLl%o Wit.4I1 %#VfMNJJWR Vr ILA AAAAJ�AA Al#AAA###AAA##AAAA#AAA###AA DENTON COUNTY ELECTRIC COOPERATIVE, INC. DOCKET NO, 989E OPERATIONS AND MAINTENANCE (EXCLUDING FUEL AND PURCHASED POWER) *Af#AA**AAAA*AAAAAA AAAA*A***A******A***A# A* AA A*A*****AAA AAAAAAA (COLUMN tEST YEAR PER BOOKS 14690,809 i 1 7011 vil 300941 90,111 0 46,281 1,754 45,503 47,863 1,033 0 120,000 4,039,206 i r wwwwwwrr■rw u■ (COLUMN Yj COMPANY ADJUSTMENTS TO TEST YEAR of R7 AOR 8,416 101,549 IY,S00 (46,Y81) (1,IG4) 22,959 0 0 0 7S,827 230,601 i ru•uru rrrrrr STAFFS ADJUSTMENT TO TEST YEAR PER BOOKS IS OERIYEO SY ADDING THE AMOUNT IN COLUMN 2 TO THE AMOUNT IN COLUMN 4 (COLUMN 3) COMPANY REQUESTED TEST YEAR 1,690,809 i 1 11R3 AS_f. 198,3b3 1920020 110500 0 0 71,68E 47,60 7,033 0 19S,827 awammmowwww 4,269,809 i rrrrrwrrrrrrrr (COLUMN 4) STAFF ADJUSTMENTS TO REQUEST 0s 113;51T1 0 (44,491) (11,500) 0 0 (61104) (15,824) (7,033) (933) (900) wwownwoomm (191t132) S rrrrYrrrrrr •fww VLt SETTLEMENT (COLUMN S) STAFF kECOMMENDEO TEST YEAR 1,690,809 1;R40;?R5 196,J53 1a7,5Z9 0 0 O $5,458 32,Z39 0 (933) 194,927 4,166,577 •wwww wwsaam�&4& DESCRIPTION TEXAS AO VALOREM TAXES i PAYROLL TAXES NON REVENUE RELATED TAXES TEXAS PUG ASSESSMENT FRANCHISE TAXES REVENUE RELATED TAXES OTHER THAN INCOME TAXES SUMMARY OF OTHER TAXES OTHER THAN INCOME TAXES •••.wr■taw wr\\a■aaa■■■\a NON REVENUE RELATED TAXES REVENUE RELATED TAXES TOTAL tAXES DTMER TITAN INCOME TAXES E; PUBLIC UTILITY COMMISSION Of TEXAS AS$so N ttt•t••*.tt*ttLwlt Nt!••t:. OENTOM COUNTY ELECTRIC COOPERATIVE, INC, DOCKET MO* 0802 SUMMARY OF TAXES OTHER THAN INCOME TAXES a tt t*At See \*t**a•**tttt**t**tt•t t*t***** (COLUMN i) TEST YEAR co vvvow annvc 268,47$ i 187,9Sti 406,437 i A■aa■aaaaaa\■a\ i 0 i 481,D85 i A$1,085 i S 408,437 = 4a1,40s (COLUMN Y) COMPANY e�.ulCTYCMTt TO TEST YEAR 21,671 i r, soy 29,I80 = r wwwwwwrurura 56,17T S (461,065) me (COLUMN f) COMPANY PFNiftTifl TEST TEAR ammeamommoo Mae 290,140 $ 14S, 468 /55,61T i asuuaauu\a■ 56,1IT i 0 (COLUMN 4) STAFF �fL li$TMFNT! TO REQUEST 44,868 i (322) 44,548 i wwww wwwww.aa.ar or (z5s) i 98Z,805 (424,808) = 58;1TT = 382,34T s p rr w\arraa\\\a■ \\\uu■aaa\\\\ ww.w.ww.warrwrr 28,180 i (<24,9481 435,81T = 58,1T) i $8I,522 i (385,728) i 491,794 i \a■aaaaaw•\rr1■ ■■araaaa\aaaaaa \■a\a■■aaa■■■■■ STAfF'S ADJUSTMENT TO TEST YCAR DER ROOKS 16 OERiVEO 8Y ADOINb THE AMOUNT IN COLUMN 3 TD THE AMOUNT IN COLUMN 4 1 44,546 i 392,�4r --------------- 436,893 ; r■•\wr\wwwrww•w scneouLE SETT<EMENT (COLUMN 5} STAFF �.nMMranm TEST YEAR 335,017 14s,1a6 --------------- a80,163 ..ra.rraaaaaaaa 55,918 392,605 448,524 rrraa a.aw.aaaaw ---- 480,183 aa8,52a ----------- 828,68r I-8 X OESCR1PTtON PLANT IN SERVICE CONSTRUCTION WORK IN PROGRESS ACCUMULATED DEPRECIATION NET PLANT IN SERVICE CASH WORKING CAPITAL MATERIALS AND SUPPLIES PREPAYMENTS CONSUMER DEPOSITS UNCLAIMED CAPITAL CREDITS TOTAL INVESTED CAPITAL RATE OF RETURN RETURN s s PUBLIC UTILITY COMMISSION OF TEXAS A AAARfRARftAf ttf RAAttAA AAAAA}AAAAA pENTON COUNTY ELECTRIC COOPERATIVE, INC. DOCKET NO, 9892 INVESTED CAPITAL ttRRttRtAtRRAAAR (coLUMN 1) TEST YEAR PER BOOKS 59,821,Si9 020,334 (7,604,187) 531040,666 466,648 9214905 111,182 (513,429) (12, o39) 54,018,833 r.rr..or.rrrr. (COLUMk 2) COMPANY ADJUSTMENTS f0 TEST YEAR s 0 (820,334) 0 (820,331} 2a,at5 0 0 0 0 3 (791,509) _ rru rruruars■ STAFFS ADJUSTMENTS TO TEST YE/►R PER BOOKS IS DERIVED eY ADDING THE AMOUNT IN COLUMN 2 TO THE AMOUNT IN COLUMN 4 E3 (COLUMN 3) COMPANY REQUESTED TEST YEAR 59,821,539 0 (T,60/,18T) 52,220,332 4971473 911,006 111,182 (SIM29) (1t,039) 53,225,421 rrwrrrrr.wrrrr 0,096014 u ■u arrf urrr 5,568,6T0 r r■srrrrrrrrra* (cowMn 4) STAFF ADJUSTMENTS i0 REQUEST --------------- = E3 (COLUMN 3) COMPANY REQUESTED TEST YEAR 59,821,539 0 (T,60/,18T) 52,220,332 4971473 911,006 111,182 (SIM29) (1t,039) 53,225,421 rrwrrrrr.wrrrr 0,096014 u ■u arrf urrr 5,568,6T0 r r■srrrrrrrrra* (cowMn 4) STAFF ADJUSTMENTS i0 REQUEST --------------- = 0 i 0 110 IIO (12,5T4) 0 0 0 0 _ (12,464) r rrrrwr«rr.rrr• -0,000000 rr rrrw.rrrrrrrr _ (a7a,5o3) i SCHEDULE SETTLEMENT (COLUMN 5) STAFF RECOMMENDED TE$T YEAR 59,824,519 0 (7t604,077) 52,220,442 484,699 921,905 111,182 (513,429) (1T,039) 53,212,960 ...a caeaeaaaaa 0.0960 . ►.rararaaaaaaa 5,109,161 «.w.r a.rraaaaaa z g$$�� $ :•: r r r O O ¢ �.,. m $ ����� ����� m � � �.: � :: ����� .��.�::¢ ��pom���(�j .I "} N r ~ � M iiii. �� . � R � '� St $ � i� O�_�.. .. ,� . ����� mow �� of N A ',':a O, � � � ,: ��� �� � �� Jii•� ��'J�s.. N ^ N �+ ��8�. � *� w�a;o� Y M ' � ((�� Yi � �u ..:...:... � E �' � ����n � � RS��� L� � N � N �� �0��� a �; � .- � � � �� �� � � � ���� �� ~ N � N ^ N "' � ��^� w » ��� ��� �� �� ��t�C '�.; � E PIf'IT�Sit,IlJf'i"i :x,1 �0 end 5L �?_T L5'bL/�i� O In •' h N K N r Gl C? 8i h. st r 00 00 h f� t0 t0 �D �D GO Yi r IM W ' v a' WNW iRi+! W HHH��„NN�NN� Li a fA Q)owl +J c I r) ►� ftS tt rt N fry N N .- of ftS < z. oNiLF vMi�`ofcv'$t�ciV �i�1/DcfD00��tOt�i�c�v�N rcv.'< cUd � of eti e;i a v td N � of fv vi r < f"v�iN�N1�ii3 4449' �r^� 0 N s r n �N►rN coico U)U*J r r o rNr�� c7 h.r}. DNA ,C�AAS tc7DD �i dNi ca � cD r0 N �V m HN SA�V►�V1V) f�/I NHytN Kai bi:..:. A V too M ham. � ON1 SD C} V M Of g N N aD O <D H t.: cJ r c C1 ad 1� cd ui u'i ui u'i ui I a iI LU r r c7 tti 0 0 w r N 44 w (on q M U, Q! try h tj1 lA f (7 n} r r w r r t j 4 G v NO Nq Ca�� Oi a0 ►�N. Nt^A 19tRHN d~/�V/H�AK�� W �� 44 40 NO VOW (Nn p� cp r r: r1i 11i v a rS + r + r C r r r in r r r r liial ':.. XNHHHN W Ni���HN� 41 P N b ti h M �B r io N R rNd�iQf N ww ww� N ���°� it 8R8orob JZ H 5�8 cc ad 03/10/91 12015 PAGE 1 DENTON COUNTY ELECTRIC COOPERATIVE, INC. PRO FORMA REVENUE SETTLEMENT CASE BILLING PROPOSED UNITS RATE REVENUE 1. RESIDENTIAL Total Consumers 272021 $02500000 2,244,998 kWh (May -October) 1910523*027 .0733940 14,0571008 First 700 kWh (NovApril) 76,222,117 .0733940 5,594,246 Over 700 kWh (Nov-Aprit) 780021,127 .0633940 40946,071 Subtotal 345,771,271 26.8420323 Other 207*367 Total 270049/690 2. PUBLIC BUILDINGS NON•DEMANO METERED (UNDER 35 KW) Total Consumers 1,217 15.0000000 18,255 kWh (May -October)- 9270591 .0733940 68,080 First 700 kWh (Nov -April) 338,438 .0733940 240839 Excess kWh (Nov•April) 680,683 .0633940 43,151 Subtotat 1,946,712 1540325 DEMAND METERED (35 KW OR GREATER) Total Consumers 325 1500000.000 4,875 First 150 kWh par Silting kW 8*5146507 .0820950 698,998 Excess kWh 3,503,851 00500000 1750193 Subtotal 120018,358 879j066 Bass Revenue 130965,070 1*033,391 Other 10989 Totat 100350380 Bitting kW: 50% Ratchet based on MsyOctober peak. Minimum Bitting kW: 35 kW 3. COMMERCIAL Total Consumers 12,049 15.0000000 i80,T35 kWh <May Oetobar) 10,685,036 .0873070 932,878 kWh (NovApril) 8,495,128 .0823070 699*209 Subtotat 19018001" 1,812,822 Other 10,396 rout 118230218 4. INDUSTRIAL Total Consumers 2,183 25.0000000 54,575 Billing kW (MayOetobtr) 85,763 9.3500000 801,884 Billing kW (Novembtr-April) 829429 8.2600000 680,864 kWh 47,743,103 o0337230 1,610,041 Subtotal 3,147,364 Other 4,293 total 3,151,657 Billing kW: 50% Ratchet based on MayOctober peak. Minimum Bitting kW: 35 kW 03/10/91 12:15 PAGE 2 DENTON COUNTY ELECTRIC COOPERATIVE, INC. PRO fORMA REVENUE - SETTLEMENT CASE BILLING PROPOSED UNITS RATE 5. INDUSTRIAL OVER 5000 KY Total Consumers 25000000000 MCP Bitting kY 1.4400000 Brazos CP Bitting kw On Peak 6.3900000 Off Peak 503700000 Off Peak kWh .0277000 On Peak kWh n03000OO Subtotal Facilities Charge: Amount in Service Agreement but not less than S250. Brazos CP Billing kY: 50% ratchet on maximum demand in on peak period. MCP Billing We 100% ratchet On Peak Period: May through October Off Peak Period: November through April 6. LIGHTING REVENUE 175 Yatt Mercury Vapor 4T,876 8.1400000 389,711 400 Yatt Mercury Vapor 16 14.3000000 229 1000 Watt Mercury Vapor 3,64S 27.2500000 99,326 100 Watt Hi -Pressure Sodium 801500000 200 Watt Hi -Pressure Sodium 10.6S00000 1000 Watt Mi-Pressure Sodium 27.S000000 Customer Owned i Customer Maintained Lights Customer Chargt 105000000 Energy Charge .OS35000 Additions) or Decorative Pole Charges Wood Pole 165000000 Fiberglas Pole 3.2S00000 Antique Pole 997500000 20ft Stott Pots, anchor base decorative 7.7S00000 35ft Stott Pole, anchor base decorative 12.0000000 Subtotal 51,537 489,266 Other 95 Total 489,361 Lighting kWh 4,812,205 175 watt Ntreury vapor Monthly kWA 70 400 Yait Mercury Vapor Monthly kYh 160 1000 Yatt Nereury vapor Monthly kWh 400 100 Watt Hi -Pressure Sodium Monthly kWh 40 200 Watt Hi -Pressure Sodium Monthly kWh 80 1000 Watt Hi -Pressure Sodium Monthly kWh 375 7. TOTAL SYSTEM Bast Rtvtnue 431,471,813 33,325,166 Other Revenue 224,140 Total Rtvenut 33,549,306 03i14i91 16:23 OEMTOii COUNTY ELECTRIC COOPERATJVE, 1NC. Docket No. Mt . Qal� �u� EYeanua--Sunn,aw Cooperative and Cities Invoices through Merch 1, 1901 1 Professional Services 2 Secretarial Services Other 4 Total /rofessional terrices Travels 5 Airfars 6 Rental Car 7 Cab 8 Hotel 9 Mal 10 Hilsege 11 Parking 12 Other • unidentified Items 1J Total Travel Miswllaneoue Expanses: 14 Telephoner Telscopy i Tettit 15 Data Processing*4 On•Line Services Is Delivery Chsrgu 17 Copy Charge 10 Other - is Total Misetitaneous Expenses t0 Total COMMISSION A!rount Staff Sttff Requested Adlustmsnt Recomondad $66,306 (s1.daii) $06,43e 1,179 (554) 6t5 0 0 0 =1.153 (tie) =1,131 114 0 114 46 (29) 17 136 0 135 330 (143) is? 44 (4) 40 49 (10) to 29 (29) 0 t1,s03 (t244) $1,559 t674 (24e1) t303 0 0 0 397 (150) 247 6,677 (S,706) 11159 4,091 (39914) I6 t1t,t40 (t10,345) $loses wwwwooaft $83,030 (t13410 $70,616 scnccuLE ,S LAW OFFICES MCGINNIs, LOCHRIDGE & KILGORE 1300 CAPITOL CENTER 919 CONGRESS AVENUE AUSTIN, TEXAS 78701 TELEPHONE (5I2) 476-6982 WRITER'S DIRECT DIAL NUMBER: March 21, 1991 m., I-Y,o T�fa��nr anr� ('('�VPYYI'i n('f Rnr�v 1 V L•Llli I'L IAY vY •.aii �n vv . �+��+-��� � — — —1 City of Sanger 201 Bolivar Street P.O. Box 578 Sanger, Texas 76226 �l G Z RE: Application of Denton County Electric Cooperative, Inc. for Authority to Change Rates Dear Sir/Madam: This firm represent Earlier this week you requesting approval of effective April 1, 1991. ordinance and revised s Denton County Electric Cooperative, Inc. should have received a letter from me revised rates for the Cooperative, This letter was accompanied by a form of tariffs which the parties to the Cooperative's rate case pending before the Public Utility Commission have requested be approved. I am pleased to report that the Public Utility Commission has now approved the tariffs previously sent to you for application in rural areas effective April 1, 1991. A copy of the Commission's interim order is enclosed. Final approval is expected in 6 to 8 weeks. The Cooperative would like to implement system -wide rates effective in both municipal and rural areas on that date. Thus, it is most important that the Cooperative's rates be considered at the next city council meeting. Please place on the agenda of the next city council meeting the Cooperative's request for approval of the ordinance previously sent to your attention authorizing revising rates for Denton County Electric Cooperative previously sent to your attention. Your assistance in this regard is most deeply appreciated. Yours very truly, Campb� 1 McGinnis ECM/lv Enclosures APPLICATION OF DENTON COUNTY ELECTRIC COOPERATIVE, INC. FOR AUTHORITY TO CHANGE RATES DOCKET NO. 9892 § .,PUBLIC UTILITY COMMISSION § OF TEXAS EXAMINER'S ORDER N00 6 APPROVING STIPULATION REGARDING INTERIM RATES On November 30, 1990, Denton County Electric Cooperative, Inc. (DCEC) filed a petition for authority to change rates, seeking approval to increase ratoc by i3.997.919. nr In 84% nvpr acttsal tpst vpar rpvanttpr_ nr S3.n47.117. or 9.94% over the test year adjusted for an increase in it purchase power cost. The original petition and rate filing package assumed municipal franchise fees would be recovered through a surcharge to customers within each city which imposes a franchise fee. On January 18, 1991, DCEC filed a motion to supplement pleadings, in which it sought approval of an increase assuming that municipal franchise fees are recovered from all customers through rate base, totalling $3,843,228, or 12.64% over actual test year revenues, or $3,593,130, or 11,72%, over adjusted test year revenues. On March 15, 1991, all parties submitted an agreement settling all issues in this docket. An integral part of the agreement is the interim approval of the agreed rates and revised tariff sheets effective April 1, 1991. The revenue increase agreed to by the parties is $2,892,180, representing $2,500,000 over adjusted test year revenues, plus revenues equal to 2% of test year gross receipts attributable to franchise fees paid within certain municipalities. The Commission's jurisdiction over DCEC's rates in this docket extends only to the rates charged outside the municipalities that retain original jurisdiction over DCEC's rates, also referred to as the environs. DCEC has not filed an appeal from any municipality's action regarding its rate increase request. As part of the parties' agreement, the Cities that are intervenors in this proceeding agree to approve the settlement no later than April 15, 1991, and to adopt the rates and tariffs accompanying the agreement effective April 1, 1991. Additionally, those Cities that are intervenors agree in the DOCKET N0, 9892 EXAMINER'S ORDER N0, 6 PAGE 2 stipulation to use their best efforts to cause other municipalities within DCEC's service area to approve the rates and tariffs effective April 1, 1991. P.U.C. PROC. R. 21.84(c) provides for commission or examiner approval of interim rates on the basis of agreement of all parties, including the general counsel, in lieu of meeting the standards set forth in paragraph b of the rule. The agreement of the parties filed on March 15, 19919 to the extent it requests interim approval of the rates and accompanying tariff sheets in the environs served by DCEC, are APPROVED effective April 1, 1991. APP c DIRECTdtt OF HEARINGS PUBLIC UTILITY COMMISSION OF TEXAS J M • IY1. I\VV 1 bi.r ADMINI RATIYE LAN JUDGE CITY OF SAIVGER P. O. BOX 578 BANGER, TEXAS 76266 TQ; Honorable Mayor° &Members of the City Council FROM: John Hamilton, City Manager DATE: March 28, 1991 SUBJECT: City Administrator's Report 1). The Police Department has initiated a new effort to serve outstanding City Court Warrants. 2). The Street Department has located and purchased a food, used one ton truck to replace an existing vehicle. The vehicle is a 1982 Ford purchased from Hilz-Snider for $3,800. The Budget allocation on this item was $9,000. 3). Our water tank contractor rescheduled and should be on site the week of April 1st - 5th. JH:es Public Utility Commission of Texas 7800 Shoal Creep Boulevard • Suite 40ON Austin, Texas 78757 v 512/458-0100 March 19, 1991 Honorable Nel Armstrong %.MLLOy vL oa114=,L P. O. Box 578 Sanger, Texas 76266 Dear Honorable Nel Armstrong: Jo Campbell Commissioner Marta Greytok Commissioner Paul D. Meek Chairman �MK 21 1991 CITY OF SANGER I would like to advise you of the status of your request for Extended Area Service (EAS) from the Sanger Exchange to the Denton Exchange. On May 9th 1990 you were sent a letter informing you that your request for EAS meets the Community of Interest standards set out in the Commission's Substantive Rule section 23.49. On January 31, 1991 your request for EAS was assigned a Project Number. Your request was assigned Project Number 1002.4 and is styled: Petition of Sanger Exchange for Extended Area Service to the Denton Exchange Pursuant to the EAS Rule, on March 18, 1991 the General Counsel of the Public Utility Commission of Texas filed a motion to docket your request for EAS. Pursuant to the EAS rule, once a request for EAS is docketed the originating local exchange company (LEC) is put on a fairly specific timeline in which to develop the cost studies which would lead to proposed EAS rates. Accordingly, if this motion is granted, I believe your application will proceed more expeditiously. Furthermore, once your request is docketed I expect a prehearing conference to be scheduled. You should be aware that docketing of your request starts a process that still could take some time before a final order is reached, depending on how, long it takes the originating LEC to complete its demand, toll, and cost studies. Because of this, I direct your attention to section 23.49(1) of our Substantive Rules. See Attachment A. A joint filing of an EAS agreement can significantly shorten the process to resolve your request. In that regard I have included as Attachment B the Commission Staff Memorandum of record in Docket No. 9495 and a similar memorandum for Project No. 9928. These memoranda provide general information regarding EAS rates across the state and is provided for your reference. If you have any questions or would like more information, please contact me at (512) 458-0287. Sincerely, 1 / '/ I / \ _ In wA. /_ �.._ i m rI? f Rick Guzman Assistant General Counsel n:\rg-It\eas\eas_lt.doc ATTACHMENT A §23.49 Telephone Extended Area Service. (a) Purpose, The guidelines set forth in this section are intended to establish consistent procedures for the processing of requests for extended area service (EAS) which are docketed on or after the effective date of this sec- tion. The commission may authorize the establishment of new EAS service under these sections only through examination of relevant issues and hearing as described in this section, except as otherwise provided in subsection (i)(3)(1) of this section. (b) Filing requlremcnts0 (1) In order to be considered by the commission, a request for extended area service shall be initiated by at least one of the following actions: (A) a petition signed by the greater of 5.0% or 100 of the subscribers in the exchange from which the petition originates, (B) a resolution adopted and filed with the commission by the governing body of a political sub- division provided that said governing body properly represents the exchange requesting EAS. rr^� .er.,6,.:..., .,.1.......d _., c,_., ,,,ovkuuvu auvviw auu uiw wiu7 me commission by the board of directors or trustees of a community association representing an unincorporated community, or (D) an application filed by one or more of the affected utility(ies). (2) A request for establishment of a particular extended area service arrangement pursuant to subsec- tions (b)(1)(A), lb 1)(B), or (b)(1)(C) of this section shall not be considered sooner than three years after either a determination of the failure of any such previous request to meet eligibility requirements, or final commission action on any such previously docketed request. An exception to this require- ment may be gram to any petitioning exchange which demonstrates that a change of circumstances may have matera:y affected traffic levels between the petitioning exchange and the exchange to which EAS is de;:red. (3) All requests for EAS, regardless of how initiated, shall state the name of the exchange(s) to which the extended area service is sought. (4) The petition shal< s:t forth the name and telephone number of each signatory and the name of the exchange from %rich the subscribers receive service. (5) Each signature pa• t of a petition for EAS must contain information which clearly states that establish- ment of the requeszotd EAS route may require that subscribers to the service change their telephone numbers and pay t monthly EAS rate in addition to their local exchange service rates, as well as applicable service connection charges. The requirements of this paragraph shall not apply to peti- tions received besre the effective date of this section. (6) Petitions for ext="3ed area service into metropolitan exchanges on file with the commission on or before the effecwit date of this section will be grouped by relevant metropolitan exchange. For each metropolitan =hange, General Counsel will file a motion to docket a proceeding for the deter- mination of unifc= extended area service rate additives as directed by subsections (d), (e), and (f) of this section iDr all pending EAS requests to that metropolitan exchange. Upon the docketing of such a proceed e, two weeks notice in a newspaper of general circulation in the metropolitan area shall be publis�d. The notice shall contain such information as deemed reasonable by the hearings examiner in the pr—.,Zeeding. No fewer than 60 days from the final publication of notice shall pass before the demand studies required by subsection (d) of this section are initiated. New petitioners for extended area �&rvice into the metropolitan exchange may be accepted prior to the initiation of the demand stilams. (c) Community of interest (I) Upon receipt of a �:-oper filing under the provisions set out in subsection (b) of this section, the utility6es) involy= will be directed by the commission staff to initiate appropriate calling usage studies and, therea.-=r. within 90 days of receipt of such notification, file with the commission staff and a representatin;.= of the petitioning exchange the results of such studies. The message distribu- tion and revenue c;ssmbution detail from the studies are to be considered proprietary unless the par- ties agree otherwiEe and may not be released for use outside the context of the commission's §23.49--1 effective date 5/15/89 proceedings. The data to be filed shall be based upon a minimum 60=1ay study of representative calling patterns, shall be in such form, detail, and content as the commission staff may reasonably require and shall include at a minimum, the following information: (A) the number of messages and either minutes -of -use or billed toll revenues, expressed per customer account per month, in each direction over the route being studied segregated between business and residence users and combined for both; (B) a detailed analysis of the distribution of calling usage among subscribers, in each direction over the route being studied, showing the number of subscriber accounts placing zero calls, one call, etc., through 10 calls, the number of subscriber accounts placing between 11 and 20 calls, the number placing between 21 and 50 calls, and the number of subscriber accounts placing more than 50 calls, per month; (C) data showing, by class of service, the number of subscriber accounts in service for each of the exchanges being studied; (D) the distance between rate centers, and the average revenue per message for the calls during the study period; (E) the number of foreign exchange (FX) lines in service over each route and the estimated average calling volumes on these lines expressed as message ner month: (F) a listing of known interexchange carriers providing service between the petitioning exchange and the exchange to which EAS is desired. (2) A showing that a reasonable degree of community of interest between exchanges will be considered to exist from one exchange to the other when; (A) there is an average (arithmetic mean) of no less than 10 calls per subscriber account per month from one exchange to the other, and (B) no less than two-thirds of the subscribers' accounts place at least five calls per month from one exchange to the other. (3) Requests for EAS not processed under subsection (b)(6) of this section shall be assigned a project number to establish its place in a queue and notice shall be provided, pursuant to the provisions set out in subsection (h) of this section, whenever a reasonable community of interest is found to exist as described in paragraph (2) of this subsection. (A) on a bilateral basis between exchanges, or (B) on a unilateral basis from the petitioning exchange to the other exchange. (4) The project shall be established as a formal docket upon the motion of General Counsel. (5) Following the docketing of a request, a prehearing conference will be scheduled to establish the exchange to which EAS is sought, and to report any agreements reached by the parties. The utili- ty(ies) involved shall conduct appropriate demand and costing analyses according to subsections (d) and (e) of this section. (d) Demand analyses. (1) The utility(ies) involved shall conduct analyses of anticipated demand for the requested extended area service. The data to be filed shall be in such form, detail, and content as the commission staff may reasonably require and shall include, at a minimum, the following information, (A) the number of subscribers who are expected to take the requested service at the estimated rates recommended pursuant to subsection (f) of this section and the associated probability of that level of subscribership; (B) the anticipated stimulation effects which would be applied to the present traffic volumes generated by the subscribers anticipated by subparagraph (A) of this paragraph; and (C) the total volume of traffic upon which to base the anticipated switching and trucking requirements resulting from subparagraph (A) and subparagraph (B) of this paragraph. (2) Unless the utility(ies) demonstrate good cause to expand the time schedule, no later than 120 days after the prehearing conference, the utility(ies) shall file with the commission staff and other parties to the proceeding the summary results of these analyses, together with supporting schedules and detailed documentation as will permit the identification of study components and verification and understanding of study results. §23.49--2 (e) Determination of costs. (1) The utility or utilities involved shall conduct studies necessary to determine the changes in costs and revenues which may reasonably be expected to result from establishment of the requested ex- tended area service. These studies will consider and develop the long rut incremental costs as follows: (A) switching and trunking costs associated with existing toll traffic which converts to extended area �servtce�'— TrIa tit c plus the costs of switching and trunking required to handle the additional traffic as determined in subsection (d)(1)(B) of this section; (B) the increases and decreases in a nses resulting from the new service and the net effect on operating expenses; and (C) direct costs incurred by the utility(ies) in conducting demand analyses in compliance with subsec- tion (d) of this section. (2) The utility(ies) may analyze the effect on toll revenues in order to present evidence on the overall revenue effects of providing the requested EAS. Revenue effects supported by such evidence, if presented, may be included in the EAS rate additives specified in subsection (f)(4) of this section. (3) The ublity(ies) shall-' file with the commission staff and other parties to the proceeding the summary results of these studies, together with such supporting schedules and detailed documentation as will permit the identification of study components and verification and understanding of study results according to the following schedule, unless the utility(ies) can demonstrate that good cause exists to expand the time schedule for a particular study: (A) Incremental costs identified in paragraph (1) of this subsection shall be filed no later than 90 days from the filing of the results of the demand analysis conducted pursuant to subsection (d) of this section; and (B) toll revenue effects, if analyzed pursuant to paragraph (2) of this subsection, shall be filed no later than 90 days from the filing of the results of the incremental costs, pursuant to sub- paragraph (A) of this paragraph. (f) Extended area service rate additives. (1) Coincident with the filing of cost study results, or coincident with t+he toll revenue effect results, if filed, the utdity(ies) shall submit recommendations for proposed incremental rate additives, by class of service, necessary to support the cost of the added service, as well as to support the toll revenue effect, if such effect is filed. (A) The extended area rate additives to be assessed on EAS subscribers in the petitioning exchanges) are to recover the incremental cost of providing the service as identified according to subsec- tion (e)(1) of this section RLULW of the incremental cost. (B) The rate additives to be assessed on subscribers in the metropolitan exchange for which EAS has been requested are to recover revenues determined by the following formula: net lost toll multiplied by % outbound toll and multiplied by the estimated EAS take rate. The terms in the formula are defined as follows: (i) net lost toll — lost toll revenue as identified according to subsection (e)(2) of this sec- tion less the revenue recovered through the EAS rate additive identified in subsection (f)(1)(A) of this section; (ii) % outbound toll — this factor is calculated by dividing toll minutes of use originating in the metropolitan exchange and terminating in the petitioning exchanges by the total number of toll minutes of use between the metropolitan exchange and the petitioning exchange(s); and (iii) estimated EAS take rate — the estimated number of EAS subscribers in the petition- ing exchanges divided by the total number of subscribers in the petitioning exchange(s). (C) Tel -Assistance subscribers in the metropolitan exchange will not be assessed this rate additive. (2) Service connection charges will be applicable. (3) A non -recurring charge to defray the direct incremental costs of the demand analyses identified in subsection (e)(1)(C) of this section shall be charged to subscribers who order the service within 12 months from the time it is first offered. The non -recurring charge shall not exceed $5.00 per access line. (4) The EAS rate additive to be used in the affected exchange(s) must meet the following standards. m §23.49--3 (A) No increase in rates shall be incurred by the subscnbers of nonbenefitting exchanges, that is, by subscribers whose calling scopes are not affected by the requested EAS service. (B) If the petitioning exchange has demonstrated a unilateral but no a bilateral community of in- terest through the requirements of subsection (c)(3)(A) of this section, the EAS arrangements will be priced using those rate increments designed to recover the added costs for each route, plus the roll revenue effect, if found reasonably sustantiated. The total increment chargeable to subscribers within an exchange will be the sum of the increments of all new extended area service routes established for that exchange after the effective date of this section. (C) If the petitioning exchange demonstrated a bilateral community of interest through the re- quirements of subsection (c)(3)(A) of this section and has requested that the costs be borne on a bilateral basis, the additional cost for the new EAS route will be divided between the two participating exchanges according to the ratio of calling volumes between the two exchanges. (D) In establishing a flat rate EAS increment, all classes of customer access line rates within each exchange shall be increased by equal percentages. (g) Subscription threshold. (1) A threshold demand level shall be established by the commission's order in the docketed oroceedine prior to the design or construction of facilities for the service. A reasonable pre -subscription pro- cess will then be undertaken to determine the likely demand level. If the likely demand level equals or exceeds the threshold demand level, then EAS shall be provided in accordance with the commis- sion's order. If the threshold demand level is not met, the affected utility(ies) shall be relieved of any duty or obligation to provide the EAS approved by the commission. (2) The cost of pre -subscription shall be divided between the utility and the petitioners. The petitioners shall pay for the printing of bill inserts and ballots and the utility shall insert them in bills free of charge. In the alternative, upon the agreement of the parties, the utility shall provide, free of charge, and under protective order, the mailing labels of the subscribers in the petitioning exchange, and the petitioners shall pay the cost of printing and mailing the bill inserts and ballots. (h) Notice. (1) Notice of the assignment of a project number, pursuant to subsection (c)(3) of this section, must be provided to all subscribers within the petitioning exchange(s), by publication for two consecutive weeks in a newspaper of general circulation in the area. Notice must also be given to individual subscribers either through inserts in customer bills, or through a separate mailing to each subscriber. The notice must state: the project number, the nature of the request, and the commission's mailing address and telephone number to contact in the event an individual wishes to protest or intervene. The commission shall also publish notice in the Texas Register. (2) Written notice containing the information described above shall be provided to the governing of- ficials) of all incorporated areas within the affected exchanges and the county commission(s) or the board of directors or trustees of a community association representing any unincorporated areas within the affected exchanges. (3) The cost of notice shall be borne by the petitioners. (i) Joint filings. (1) EAS agreements. The comrission may approve agreements for EAS or EAS substitute services filed jointly by the representatives of petitioning exchanges and the affected utility(ies) (joint filings) so long as the agreements are in accordance with paragraphs (3)(A)-(3)(I) of this subsection. (2) Multiple exchange common calling plans. Joint filing agreements for EAS or EAS substitute ser- vices among three or more exchanges shall be permitted pursuant to paragraphs (3)(A)-(3)(J) following. (3) Joint filings shall be permitted subject to the following: (A) The parties to such joint filings shall include the name of each local exchange company (LEC) which provides service in the affected exchanges and one duly appointed representative for each of the affected exchanges. Each exchange representative shall be designated jointly by the governing officials of all incorporated areas within the affected exchange and the county commissions) representing any unincorporated areas within the affected exchange. (B) These joint filings are exempt from the traffic requirements contained in subsection (c) of this section. (C) These joint filings may include rate proposals which are flat rate, usage sensitive, block rates, or other pricing mechanisms. In the circumstance where usage sensitive rates are proposed, the joint applicants shall include the commission staff in its negotiations. (D) These joint filings may propose either one-way or two-way calling arrangements. (E) These joint filings may propose either optional or non -optional calling arrangements. (F) These joint filings shall specify all non -recurring and recurring rate additives to be paid by the various classes and grades of service in the affected exchanges. (G) These joint filings shall demonstrate that the proposed rate additives: (1) are in the public interest, and in the case of non -optional joint filings which include flat rate additives, the petition shall demonstrate that more than 50% of the total subscribers who will experience a rate change are in favor of this joint filing at the proposed rates; and (ii) shall recover, for the local exchange company providing the service, the appropriate cost of providing EAS including a contribution to joint costs. (H) The notice requirements of subsection (h) of this section are applicable to joint filings. In ad- dition, the commission shall publish notice of the proposed joint filing in the Texas Register and shall provide notice to the Office of Public Utility Counsel upon receipi of the joint filing. (I) If intervenor status is not requested within 60 days of notice, the joint filing shall be handled administratively, with the commission determining whether the service meets the criteria listed in subparagraph (G) of this paragraph. If there is an intervenor, or if requested by the com- mission staff, the joint filing shall be docketed for hearing and final order. In any event, any of the parties to the joint filing may withdraw the joint filing without prejudice at any time prior to the rendition of the final order. Any alteration or modification of the joint filing by the commission may only be made upon the agreement of all parties to the proceeding. (J) The exchanges to be included within the proposed common calling plan area shall be contain- ed within a continuous boundary and all exchanges within that boundary shall be included in the common calling plan. `� z §23.49--5 ATTACHMENT B Memorandum TO: Rick Guzman, Assistant General Counsel PROM: Mike Rinehar��ephone Utility Analyst DATE: November 150 1990 SIIBJECT: Docket No. 9495 On April 12, 1990, the General Counsel filed its motion to consolidate and docket two pending Extended Area Service (EAS) requests for the Buda and Dripping Springs (petitioning) Exchanges to the Austin Metropolitan (host) Exchange. The iocai exchange carrier (LEC) for the petitioning exchanges is GTE Southwest, Inc. (GTE) and Southwestern Bell Telephone Company (SWBT) is the LEC for the host exchange. On August 7, 1990, GTE, SWBT, City of Buda, City of Dripping Springs, City of Hays, and Hays County Commissioner's Court filed a Joint Agreement Of The Parties, pursuant to Substantive Rule 23.49 (1), Joint Filing. According to the application this Joint Filing is for an optional service called the "Texas Local Calling Plan" (emphasis added). The "optional service" aspect of this application will be discussed in the Recommendation section of this report. A brief description of the Texas Local Calling Plan follows: Option 1. Community Calling Plan (CCP) provides seven digit one-way calling into the Austin Metro area based on a usage sensitive pricing arrangement. The proposed usage cost for calls to Austin are in addition to the current local flat -rate access charge, and in lieu of toll charges. Option 2. Premium unlimited seven digit Metro area for a flat way EAS rate additive local flat -rate access Calling Plan (PCP) provides one-way calling into the Austin monthly rate. The proposed one - is in addition to the current charge. Option 3. Premium Plus Calling Plan (PPCP) provides unlimited seven digit, two-way calling into the Austin Metro area for a flat monthly rate. The proposed two- way EAS rate additive is in addition to the current Local flat -rate access charge. The staffs recommendation in this proceeding is apportioned to Mr. John Costello and me. Mr. Costello's recommendation involves Option 1 (CCP) and my recommendation includes Options 2 & 3 (PCP & PPCP) . . A Paragraph 9, of the Joint Agreement of The Parties states that notice will be provided in accordance with Substantive Rule 23.49 (i) (H). "The cost of notice shall be borne by the petitioners" (Substantive Rule 23.49 (h)(3)1. The proposed monthly rates for Options 2 3 are as follows: Class of Service One Party Res. One Party Bus. option 2. Pramium Calling Elan Current GTE Proposed Access Rate Rate Additive Manual Trunk -Bus. $7.10 $22.00 $40.00 $55.00 Auto. Trunk -Bus.. $29.40 $75.00 Option 3. Premium Plus calling Plan Class of Service One Party Res. one Party Bus. Manual Trunk -Bus. Auto. Trunk -Bus. Current Access Rate $7.10 GTE Proposed Rate Additive $34.25 E $154.75 Total $22.10 $77.00 $104.40 Total $108.15 5 $184.1 In addition to the rates described in the preceding paragraph, the standard non -recurring Section 13, Service Charges will apply to all current local exchange access customers placing orders for Options 2 & 3. A new customer that places an order for EAS at the same time that they order local exchange access will be billed the standard Service Charges only. GTE proposes to waive the Service Charges for all customers subscribing to the Texas Local Calling Plan for a 90-day introductory period after the service is available. Customers that subscribe to Option 3 (PPCP), two-way service, will be required to change numbers. According to GTE's response to General Counsel's First Request For Information (RFI), MFR-1, there are 80 multi -party customers in the Buda Exchange and 233 multi -party customers in the Dripping Springs Exchange. Because multi -party lines are not automatically identified in the central office switching equipment, the Texas Local Calling Plan is not available to this class of service. It states that "Single party service for both Buda and Dripping Springs will be available in 1991." Substantive Rule 23.3, Definitions, Extended Area Service, includes, for the purpose of definition, a listing of metropolitan exchanges that includes Austin. Following is a comparison of GTE's proposed rates to established two-way (optional) rates for exchanges that are contiguous with metropolitan exchanges: Bus. LEC Euchange Res. Bus. Trunk PBX SWBT Pinehurst $36.80 $81.10 $93.25 $125.95 GTE Irving $29.00 $79.10 $95.70 $138.35 GTE Grapevine $29.00 $79.10 $95.70 $138.35 GTE Buda/D.B. PCP 1-Way $22.10 $58.35 $77.00 $104.40 PPCP 2-Way $41.35 $108.15 $136.70 $184,15 SWBT Red Oak $30.10 $72.35 $83.20 $113.50 EMS scoRe (vvv) 1,500+ 1,000/1,500 220/450 200/400 200/400 800/1,500 Fort Bend Brookshire $37.50 $79.50 ------ $130.00 1,500+ Note: All rates are for 2-way service except GTE's PCP. When the rates are compared (listed in the preceding paragraph) it is conspicuous that the proposed 2-way rates for Buda and Dripping Springs are higher than other metropolitan EMS rates and that the EMS dialing scope is diminished. After reviewing GTE's cost analysis, which was furnished in response to RFI MFR-3 and stamped "Proprietary Material", it is not clear how the rate additives for PCP and PPCP were developed. From SWBT's response to RFI MFR-12 (stamped "Proprietary") it appears that the estimated monthly 1FR (1-Party Flat Rate) equivalent settlement rate (including contribution) for its portion of the service is approximately'$4:77. GTE did furnish a schedule, that includes SWBT diverted revenue/minutes of use (MOU), to develop its transport cost per MOU. According to a reference on this schedule, GTE used terminating costs per MOU that were based on a 1989 embedded cost study. The transport MOU costs were derived from toll traffic data of ten (10) exchanges that GTE selected as prospects for the Texas Local Calling Plane one of the selected exchanges (Buda and Dripping Springs excepted) accounted for OG approximately 594 of "SWB Diverted Revenue" and approximately 49% of "SWB Diverted MOU". In this section of the cost analysis, the combined exchanges of Buda and Dripping Springs accounted for approximately 12.5% of "SWB Diverted Revenue" and approximately 18.8% of "SWB Diverted MOU". This comparison of ratios demonstrates how the transport costs of a high volume toll exchange can be shifted to a low volume toll exchange in this type of cost study. However, beyond this segment of the cost analysis, GTE did not furnish information to support its development of the proposed rate additive, i.e. forecast take rate by class of service, amount of lost toll/FX revenue, calculation of the 1FR equivalent rate additive, contribution; rate additive differential between 1-way and 2-way service. Based on an analysis of the costs for the service, I do not believe that GTE has sufficiently justified its proposed PCP or PPCP rates for Buda & Dripping Springs. The proposed optional two-way rates (1) transcend all established EMS rates for similar services and (2) are deficient in cost/contribution support. It is my recommendation that the rates applicable to Option 3, PPCP, not exceed established optional EMS rates at this time. The following table is a calculation of the PPCP rate additive when GTE's existing (Section 6, Sheet No.'s 5 & 5A) EMS rate(s) is the basis of the number. (Example) Current Access Rate (-) EMS Rate = Rate Additive $7.10 (-) $29.00 = $21.90 Option 3. Premium Plus Calling Plan Class Current of Service Access Rate Rate Additive Total One Party Res. $7.10 $21.90 $29.00 One Party Bus. $18.35 $60.75 $79.10 Manual Trunk -Bus.. $22.00 $73.70 $95.70 Auto. Trunk -Bus. $29.40 $108.95 $138.35 There are no established one-way, flat rate, EAS/EMS rates that can be used as a benchmark for the rate differential between one-way and two-way service. The relationship of the rate additive in GTE's proposed PPCP to PCP rate additive ranges from approximately 2 : 1, to 2.28 1. This rate differential between one-way and two-way service in this case appears to be reasonable. The following table is a proportion recalculation of the rate additive using GTE's relationship between PPCP to PCP and the Option 3., EAS Rate Additive, in the preceding paragraph: 0 (Example) $34.25 : $21.90 :: $15.00 $21.90 * $15.00 X=----------------- $34.25 Class of Service One Party Res. One Party Bus. option 2. q Plan Current Access Rate Rate Additive Manual Trunk -Bus. Auto. Trunk -Bus. $7.10 $22.00 $29.40 $27.05 $35.35 $52.80 X ota $45.40 $57.35 $82.20 Based on a review of the data furnished in this proceeding, I recommend that the rate additive for PCP and PPCP (each class of service) not exceed the rate additives developed in the preceding two paragraphs. If the signatories to the Joint Agreement Of The Parties are in agreement with this recommendation, the parties should file an amended agreement and GTE should furnish revised cost/contribution estimates that support a rate additive. I recommend that the proposed 90-day waiver of Service Charges for Options 2 & 3 be approved. If the Commission approves the application as filed, Service Charges should not be applicable to customers of Option 1 CCP, due to the non -optional characteristic (Reference, Mr. Costello's Report, Mandatory Requirements Of The Community Calling Plan) of this plan. If the parties and the staff cannot reach an accord concerning the rate additives) in Options 2 & 3 and the principles discussed in Mr. Costello's report concerning Option 1, I recommend that the issues be resolved according to the Rules of practice and Procedure of a docket proceeding. Public Utility Commission of Texas Memorandum To: Patrick Sullivan FROM: Mike Rinehart DATE: February 14, 1991 SU&TECT: Project No. 9928 .____ ,. ,nnn C..aA�lnnn Va11PV Telephone Cooperative, On December tv,».,, .�.......�..t . ----. - Inc. (GVTC) filed a joint petition for optional, two-way, flat - rate, Extended Metropolitan Service (EMS) between its Bulverde and Balcones exchanges, and Southwestern Bell Telephone Company's (SWBT) San Antonio exchange. The general counsel and staff recommended that the joint petition be processed administratively pursuant to P.U.C. SUBST. R. 23.49 (1), Joint Filing, on December the filing was assigned Project 20, 1991. On January 17, 19911 No. 9928. Purpose The purpose of this report is to respond to Examiner's Order No. 1, concerning GVTC's request for approval of interim rates. Proposed Monthly Recurring EMS Rates In Docket No. 8585, InctuirY Of The General Counsel Into The Telephone Company, Finding of Facts, Part II, XIII EMS ssues, Paragraphs 426 & 436, the Commission found that EMS between GVTC's Bulverde and Balcones exchanges and SWBT's San Antonio exchange, is in the public interest. The purpose of this project is to establish the appropriate EMS rates and to review the cost support for those rates. According to GVTC, the telephone facilities that are necessary for switching optional, two-way, EMS will be completed by March 1, 1991. GVTC is requesting that the Commission approve interim rates for optional EMS. On February 14, 1991, GVTC filed Amendment No. 1, Reduced Rates (Attached), to its joint petition. The amendment was joined in by each of the parties included in the original joint petition. The rates proposed in the amendment represent reductions for all classes of service in the Balcones and Bulverde exchanges, with one exception, the exception is the rate for a Business PBX Trunk h is consistent with the original in the Bulverde exchange, whic petition ($128.25). The rates proposed in the amendment are comparable to various EMS rates that have been approved by the Commission for other local exchange carriers within the state. Waiver Of Installation charges GVTC is requesting that the Commission approve a 90-day waiver of installation charges for those existing customers wishing to subscribe to EMS; the requested effective date is March 1, 1991s A telephone number change is necessary for each existing Balcones and Bulverde exchange customer that subscribes to optional EMS. The applicable nonrecurring Service Charges (Section 2, Original Page 12) for an existing customer to subscribe to EMS, including the number change, is $13.00. The cost support information filed on February 81 1991, indicates that 1,619 existing customers are prospects for EMS. If all prospective customers (1,619) subscribe to EMS during the proposed 90-day waiver period, the l _ A ^ " ^AO1 forfeited nonrecurring revenue is %?4.L,v%1. The staff has frequently supported the waiver of nonrecurring service charges for optional services during a limited marketing period. The objective of a "free installation" incentive is to introduce the service, stimulate interest, and establish an extensive user base. The forfeited nonrecurring service charges revenue in this case is not significant (.2% of Intrastate Revenue, 1989 Earning Monitoring Report). I recommend that the rates filed on February 14, 1991, Amendment No. 11 be used as interim rates (effective March 1, 1991), pending a Commission order that establishes the EMS rates. I recommend that GVTC's proposed 90-day waiver of nonrecurring installation service charges and effective date be approved. Attachment David Btarmann Senior Vice President a1 Chief Operating Officer February 13, 1991 Mary McDonald, Hearings Director Public Utility Commission of Texas 7800 Shoal Creek Blvd,, Suite 40ON Austin, Texas 78757 Dear Ms. McDonald: Guadalupe Valley Telephone Cooperative, Inc. 1f>D FM 3159 New Braunfels, Texas 78132.1604 Phone (512) 88548111 Attached is our Amendment #1 to Project #9928 which proposes slightly lower rates for our Optional Extended Area Service (EAS) from our Bulverde and Balcones exchanges to the San Antonio Metropolitan exchange. This amendment proposal has the concurrence of the office holders or companies who signed the Original Joint Agreement for EAS. Attached, you will also find proof of mailing statements, along with copies of the information that was sent to each of the affected customers. Should you need any additional information concerning these two items, please contact me. Yours truly, DAVID BIERMANN Senior Vice -President & Chief Operating Officer x PAGE 1 OF 2 PROJECT NO. 9928 JOINT AGREEMENT FOR OPTIONAL EXTENDED AREA SERVICE (EAS) BETWEEN GUADALUPE VALLEY TELEPHONE COOPERATIVE'S (GVTC) BULVERDE AND BALCONES TO SOUTHWESTERN BELL'S (SWB) SAN ANTONIO METROPOLITAN EXCHANGE. AMENDMENT N0. 1 REDUCED RATES 11 FEBRUARY 1991 The undersigned are the official participants or company representatives in GVTC's application to the Public Utility Commission of Texas (PUC) for the establishment of Optional Extended Area Service between GVTC's Bulverde (512-438) and Balcones (512-755) exchanges into SWB's San Antonio metropolitan exchange. The original Joint Agreement for Optional EAS was filed with the PUC on December 14th, 1990. After discussion and consultations between GVTC and members of the PUC staff,. GVTC is submitting tariff revisions to reflect slightly reduced rates to be used as interim rates until the PUC approves the same as ordered final rates. The new proposed rates are: 2LASS OF SERVICE BULVERDE EXCHANGE BALCONES EXCHANGE Residence, 1-party 37.50 37.50 Business, 1-party 84.75 84.75 Business, Key System Trunk 99.00 99.00 Business PBX Trunk 128.25 128.25 e PROJECT NO. 9928 PAGE 2 OF 2 We the undersigned concur with these proposed rates. SOUTHWESTERN BELL TELEPHONE COMPANY By Ji owan Division Manager Regulatory Relations CITY OF FAIR OAKS RANCH �: �/.1//L...�.. .. COMAL COUNTY L. Evans missioner, KENDALL COUNTY Precinct #1 Charles R. Goodman Commissioneer, Precinct #1 By Subscriber Representative Bexar County 512-438 Exchange GUADALUPE VALLEY TELEPHONE COOPERATIVE, INC. �_ By fir` Ken D. Brannies President and CEO BEXAR COUNTY By.,�/uacw � v � �.—�. Walter Bielstein Commissioner, Precinct #3 KENDALL COUNTY James W. Gooden Commissioner, Precinct #2 �'I" �. P psun scri r Representative al County 512-438 Exchange { PROJECT NO. 10024 it hlr�ic i3 Ci+ 3 2Cl' PETITION OF THE § PUBLIC 1UTI1L-ITY( COMMA.1SION SANGER EXCHANGE FOR EXTENDED AREA SERVICE § OF TEXAS TO THE DENTON EXCHANGE § MOTION TO DOCKET AND TO ESTABLISH PROCEDURAL SCHEDULE NOW COMES the General Counsel of the Public Utility Commission of Texas ("Commission"), representing the public interest, and files this its Motion to Docket and to Establish Procedural Schedule in the above styled Project for determination of Extended Area Service (EAS) rate additives for the pending request of the Sanger Exchange for EAS to the Denton Exchange, and would respectfully show the following: I. Pursuant to 16 T.A.C. §23.49 (c) (3) , a request for EAS that is not processed under subsection (b)(6) shall be assigned a project number to establish its place in a queue and notice shall be provided once the community -of -interest standards of the rule have been met. On January 31, 1991 pending active requests for EAS from various exchanges were assigned project numbers (10014- 10031). This involved eighteen requests for EAS. The above referenced request is found at Attachment A. These eighteen projects represent the current queue of active EAS requests. The Commission has received many more petitions than these eighteen, but after the requests resolved in Docket No. 8585 or in other pending docketed proceedings are removed and after requests that do not meet the rules criteria (e.g. community -of -interest standards) are removed, the list is shortened to only eighteen active requests. Additionally, this number does not reflect additions to the queue after January 31, 1991 as a result of new requests filed with the Commission. Of these eighteen requests, the first twelve have, as of this date, satisfied the community -of -interest standards. The petition assigned Project No. 10024 has satisfied the community - of -interest standard, as evidenced by the letter dated May 9, 1990, which is found at Attachment B. Under 16 T.A.C. §23.49(c)(4), the next step is formal docketing upon General Counsel's motion. Following the docketing of a request for EAS, a prehearing conference should be scheduled to determine, among other things, appropriate dates for the various cost and demand analyses to be conducted by the local exchange company (LEC) pursuant to the timetable set out in the AS rule. 16 T.A.C. 623.49(c)(5). II. General Counsel respectfully requests that this project be docketed at this time. As of this date, cities and individuals located in the Sanger Exchange have expressed a desire for EAS to be established into the Denton Exchange. The petitioning exchange's local exchange carrier (LEC) is Central Telephone Company. The host LEC is GTE Southwest, Inc. The original date of the request is May 15, 1989. Docketing this request at this time is appropriate and will provide several benefits to the ratepayers in the petitioning exchange that may not otherwise occur as expeditiously without docketing. Docketing of this petition will also provide a structured framework in which to proceed with the request. The cost and demand analyses are triggered by the prehearing conference that follows the docketing of a request. Both of these analyses, among others, are required for the originating LEC to develop appropriate EAS rate additives for the requesting exchange. General Counsel also requests that, upon docketing, a prehearing conference be scheduled as indicated by 16 T.A.C. §23.49(c)(5). At such conference it is appropriate to establish the timetable for the various analyses required of the originating LEC. 16 T.A.C. §23.49(d)-(f). In addition, the prehearing conference should address notice requirements. 16 T.A.C. §23.49(h). Attached is the petition filed pursuant to 16 T.A.C. §23.49(b) (Attachment A) and the letter indicating that the request meets the community -of -interest standards set out at 16 T.A.C. §23.49(c) (Attachment B). General Counsel is this day filing motions to docket the first twelve requests for EAS in the queue that have met their community -of -interest standards. These twelve requests were assigned the following project numbers (inclusive): 10014-10025. Docketing these requests could result in several LECs having more than one request for EAS proceed at the same time. In addition, having twelve dockets proceed concurrently may present a scheduling problem for both the LECs and the Staff. General Counsel suggests that a joint prehearing conference be scheduled to address the possibility of staggering the schedules and to consider the possibility of consolidating of the various requests into groups. WHEREFORE, PREMISES CONSIDERED, General Counsel respectfully requests that its motion be granted. Respectfully Submitted, ROBERT A. RIMA GENERAL COUNSEL MARTIN WILSON DEPUTY GENERAL COUNSEL CA `.O Rick Guzman Assistant General Public Utility Commission of Texas 7800 Shoal Creek Blvd. Austin, Texas 78757 (512) 458-0287 o PROJECT NO. 100Z4 I hereby certify that a true and correct copy of the above and foregoing General Counsel's Motion to Docket and Establish Procedural Schedule was mailed this 18th day of March, 1991 by First Class, U.S. Mail, Postage Pre -paid toa Honorable Nel Armstrong City of Sanger P. O. Box 578 Sanger, Texas 76266 Dianne Ureich General Regulatory Manager Central Telephone Company 330 S. Valley View Las Vegas, Nevada 89152 GTE Southwest, Inc. First City Centre 816 Congress Avenue, Suite 1500 Austin, Texas 78701 a Rick Guzman LI Assistant General Counsel Public Utility Commission of Texas 7800 Shoal Creek Boulevard Austin, Texas 78757 (512) 4580-0287 e r� OF .ANGEF?. T L.Xra TELEF'HOf�iE t:iTEFiDED AREA '_ERVIC< FESOLUTaON iJ{,trE►-1'�. the City c+f cancer . L'�er!tar! i;c,tolr!t'.. i As Ser^vea ov the Ce'-ttel Teleohorte Comcarri LI'rlder tr,e eKchar,oe c+t y tl; 1r,a, W{-1G Cri'�. Ghe Cltlr'e e.KLer+Or:04 r� cire�y `.ce7 /1C� t.Ct the C.1T'/ CtT Der,tar,. ieva=_ arid. WFt�t�N: ct rE�011eSt TCr^=aErD1"!C+rtf; Ey'Kti_Yt(j�j rr`�ci �E'r^'V10E' lnci/ Cam+ Ore=.ErtteCl to the Te:Kti-'+_tC1= tl1ittoe Lctrnrnisslct'r, tne. CtY''�:t'V1S2L+Y!_. of their bee RUles as adooteptl JeC+terndtr 1. 1'1r�av , SLec A T l Cal l v Sec t. i orr, N'_f arid. •ril--ttiZEr,'., l�r:ritel Cur^r^B'nt _er^Ve5 �:4i�. • 1 c , c. .t _ t a rn e *� s� i r, try e 4 _� � e.K C'na-t'r,oe : 1Y,U. i.•+i•-,t-'��ra'.:, the i�iCt7^tr! Le'ftt.` _.. i E✓as. l.C+I.IrICl l ctT L;t:tvE-�t^YtrneY,T E�Y lAlctt=ar,UE'r! _ UC+C+lot t 4)00&_ Wr-f�r.i:►•��. the Tut lyre r•e=_-lcer!tlal anU c•c+rnrnercial or•ctwtt', •_•r hCyY+U�'t'' 1 U1'r'eC't 1.J 1 Ar,i-;ec tC tr!e tyCUlll't''1r:U 1_4T e:Kiefool dt'd aar,e:a telEUf'rC+rie �.eY^'V1C'e tct Ler,ic+rt. Texas: vli�l=�Eboo . Clue 3, SACr;ehe e0%( eroot ded areot to eE:tRCtr!p eor* Nos 1 C'e _ et i t l ctr, earr,est l'! is = 1 re t r; 1 s Sery 1 c'e THEREFORE. SE I ; Kt7 that tt�e i=•,.Ibi i c i.1t i ! i t'•� C.cunrni =.= i c+ri cif Texas i s (�Iroec ct crarrt ? e i eohct'rr•:e Ex to e4nued A'ea �er`�11Ce Trcvn `�a'r,Ue'r^ tCt 1?eritCrob . Texas ac-co-raing lCo the de_ s1'r`B_ L. the rnai::+rity of our re=.icier,�s. i=•i=,E�cL+. :=,.=•i=t�;C1VEit. chit? rID�IGTE= c•v ti-,e i= i t�•/ t:c+�lr,cl i •:tr - - ar,oe'r. Texa=•. thi ._� oa • ctT _.-,May__---• 1•�+r�. ,L- All �Ct5.a1 l e Ccii^Cl a C. i t.'v Secretary C __� L 1.,.,•�l-gin. : . �iei H ^tn=.tr r;0 �����/ � Pubic Utility Commission of 7exaa 7800 S�wal Craelc i�ukva,ti! • SuiEe 40oN Austin, Texan 78757 • Sl?J�58.0100 May 9, 1990 The Honorable Nel Armstrong The City of Sanger P.O. Box 578 Sanger, TX 76266 Paul D. Mak cea�,,. Subject: Resolution No. R4-89, for Extended Area Service (EAS) from Sanger to Denton Oear Mayor Armstrong: The Public Utility Commission of Texas recently receives the long distance traffic ct��rlle� .-et�tea •.. �___,... ����� �.. you► Reso�utiton no. R4-89, for EAS between Sanger and Denton. Those studies indicate that the telephone traffic from Sanger to Denton does meet the community of interest standards established in the Commission's Substantive Rules. Substantive Rule 23.49 states that a community of interest exists when: (1) there is an average of no less than ten calls per subscriber account per month from one exchange and the other, and (2) no less than two-thirds of the subscriber accounts place at least five calls per month from one exchange to the other. Specifically, the results of your traffic studies are as follows: Recruirement Actual (1) the average number of calls per subscriber account � 10 20.5 (2) the percent of subscriber accounts placing five or 66.66% 70.34% more calls per month Currently, the City of Sanger is in a queue of exchanges awaiting a Commission hearing on EAS. As your position in the queue improves, we will kee informed. Should you require additional information or need assistance, please contact Mike Rinehart at (512) 458-0161. Sincerely, Rowland L. Curry, P. , Director Telephone Utility Analysis RC/mr Attachment e T04 JOHN HAMILTON CITYY �GER FROM: BENNY ERWIN CHIEF DATE: 3-22-91 SUBJECT: CARL GARRETT, DOG BITE AT 905 N. 8TH At 4:44PM on 3-21-91 I received information on Carl Garrett's dog bite for Dr. Stuckey. He advised that the dog did not have rabies, Carl Garrett was advised to the facts by me on 3-22-91 at 8:00am. Autopsy revealed that the dog had internal problems, maybe from having puppies not for sure. Dr. Stuckey advised me of this on 3-20-91 but wanted to wait on the report from Austin before any other remarks. 0 ;��,�.�(e`� yll Wednesday, March 20, 1991/Denton Record-Chronicle/5A sparl�s ��r��t pi�ku}� �lehate �- .:. .. . Sanger —How much trash can a pickup hold? Sanger City Council members are grappling with .the great pickup debate as one of several thorny problems facing the city once the city's landfill ceases operation on March 31. The council this week authorized the city to enter into a contract with Frontier Waste Management Inc. of Sanger to provide eight containers that will hold four cubic yards of solid waste each. The containers will be placed at a concrete transfer station site to be located within a fenced area at the present landfill, officials said. The cost of operating the transfer station could mean higher prices for customers who use the service. "I'm concerned that they're going to go back to the ditch in the country," said Councilman Carroll McNeil. He estimated it could cost as much as $6.25 per cubic yard on average to dump garbage. With the city now charging just $8 per pickup load at the landfill, it's important for the city to recover its operating costs once the transfer station opens, said Mr. McNeill. "Our problem is how to calculate what's in a pickup," said Mayor Nel Armstrong. "You've got your Toyota, and then you've got those big three -quarter -ton dudes." With estimates that pickup loads could range from one to four cubic yards, the council authorized staff to come up with cost recom- mendations and prepare an ordinance of price schedules to consider at its April meeting. `I'rri concerned that they're go- vtg "to go back to the ditch in the COLUttrL, f . ' Carroll McNeil The city will pay $50 per month rental for the containers and $200 each time all eight dumpsters are emptied by Frontier. Curbside service will be available for large appliances acid larger items if pre -arranged. No hazardous waste will be accepted into the dumpsters, including tires, batteries and used motor oil, according to the agreement. The site does not have to be permitted, but must undergo regular health department in- spections, said City Administrator John Hamilton. The city could opt to change from the eight containers to a 30-cubic-yard skid or compaction operation at any time, he said. The transfer station will only be available to city residents, officials said. "It's going to be a shake up process for all of us for a while," said Mr. Hamilton. "This is just a begiruiing." The city has filed a landfill closure plan that calls for all operations to cease at the landfill by March 31. Final closure is set for July 1. The city is closing its landfill in anticipation of new, more stringent environmental regulations that aze set to take e$'ect over the next two years that will make landfill operations in small communities cost prohibitive, officials said. h Ifoh� CoL RECEIVED Ty 6 S G r AR 21 1991 r clTff F NA �a y �--►I�03 a� t st.S I ig n �.,G 0 n ire A �Ei�! III bz o vi P har Th e S6- yco Ito% Try - f � � foul(& y. ex ry to �',�, ri c%v betnl ,���nG� by 7 y, �e. et` ewe y The City of Fermers Branch Texes IL 2 h 0, 1991 1 Honorable Mayor the Sanger City City of Sanger P. O. Box 578 Nel Armstrong and Members of Council Sanger, Texas 76266 RE: HOUSE BILL 1650 BY REPRESENTATIVE MARCHANT AMENDMENT TO 109.57 OF THE TEXAS ALCOHOLIC BEVERAGE CODE Dear Mayor Armstrong and Members of the Sanger City Council: This letter is an urgent plea for your support of H. B. 1650 introduced by Representative Ken Marchant in the Texas House of Representatives. The bill amends Section 109.57 of the Alcoholic Beverage Code which section was approved by the Legislature in 1987 as part of a bill to amend the Dram Shop Act. There was little review or discussion of the new Section 109.57 when it was added relatively late in the 1987 regular session. A copy of H. B. 1650 (the Act) is attached for your review. Our deep concern is that when you read Section 109.57 with the recent Dallas Court of Appeals decision in the case styled Ralph Courtney vs. City of Sherman there could be a conclusion that the cities of this state have been eliminated entirely from their traditional, long standing and historic role of utilizing their zoning power to determine the location of business establishments that sell alcoholic beverages. Our City Attorney has advised the City Council and City Administration that this conclusion could clearly be reached. Such a conclusion, I believe all would agree, has potentially disastrous consequences. The Act introduced by Representative Marchant corrects the Section 109.57 problems and the preemption issue (Section 1.06) raised in the Courtney vs. City of Sherman case. The City of Farmers Branch respectfully requests and urges your C0ty to support th8s Act (H. B. 1650) and to exhibit such support by direct contact with your State Senator and State Representative. In addition we would suggest that you pass on your support of the Act to local members of the Texas Restaurant Association, Texas Hotel and Motel Association and other interested and affected members of your community such as your Chamber of Commerce. We appreciate your support. If you have any questions, please feel free to contact me or City Manager Richard Escalante or City Attorney John Boyle at (214) 919-2515. Sincerely, Dave Blair Mayor ba Attachment blarehant A BILL TO BE ENTITLED 1 AN ACT H ,B, 1650 2 relating to the authority of governmental entities to adopt 3 zoning or other regulations applicable to certain business 4 establishments. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1, Section 109,57, Alcoholic Beverage Code, 7 Subsection (d) is amended to read as follows: 8 (d) This Section and this Code does not pre-empt or 9 effect the power and authority of a city, town or village 10 (including home rule cities) in exercising its zoning power, 11 prospectively, to enact new or amend existing ordinances 12 applicable to premises and businesses required to have a 13 license or permit under this Code for the on -premises 14 consumption of alcoholic beverages only. This subsection 15 applies only to a licensee or permittee for on -premises 16 consumption only This section expressly does not apply to any 17 other licensee or permittee relative to the sale of alcoholic 18 beverages for off premises consumptiont and provided any such 19 zoning ordinance or amendment thereto shall comply with the 20 following requirements: 21 No ordinance or amendment passed after January 1, 22 1991 shall adversely effect in any manner any 23 existing and legal business operating with a 24 license or permit to sell alcoholic beverages for 25 on -premises consumption. 26 ,2� All ordinances and amendments thereto shall 27 operate and be effective prospectively only. (OVER) A No ordinance or regulation passed pursuant to this 2 amendment shall be applicable to private clubs 3 that possess a private club license or permit. q 91 No ordinance or amendment shall regu re a 5 restaurant or other establishment to meet a 6 specific ratio between the sale of food and the 7 sale of alcoholic beverages that requires greater 8 than a fifty („50) percent ratio from the gross 9 receipts of the sale of food to fifty r50j percent 10 from the gross receipts of the sale of alcoholic 11 beverage. 12 51 The clause --or-clauses of all zoning ordinances in 13 effect on the effective date of this ordinance e 19 that require greater than a fifty (50) percent 15 ratio from the gross receipts from the sale of 16 food to the ciross receipts from the sale of 17 alcoholic beverages shall be deemed in conflict 18 with this amendment and void. 19 This section does not affect the authority of a 20 governmental entity to regulate, in a manner as otherwise 21 permitted by law, the location of: 22 a massage parlor, nude modeling studio, or other sexually 23 oriented business. 29 2) an establishment that derives 75 percent or more 25 of the establishment's gross revenue from the 26 on -premise sale of alcoholic beverage. 27 SECTION 2. This Act takes effect immediately. Is 2SECTION 3. The importance of th 8 legislation and the 29 crowded condition of the calendars in both houses create an 30 emergency and an imperative public necessity that the 31 constitutional nalrule requiring bills to be read on three 32 separate days in each house be suspended, and this rule is 33 hereby suspended. -2- 0830X ruyle `�.uhre; �arrc!!�on Demon '�ouoie OaK -=�o�wer �,/lounr� _. isco i�rr,!ana `�il!an:: rta;,, RESOLUTYON NO. 91-01 A Resolution of the Denton County Fire Chiefs Association supporting Fireworks Control Legislation. Whereas, the continued presence of any class of fireworks contributes to injuries and property damage every year when used by the general public without the direction and control of a licensed pyrotechnician; and Whereas, over the past five years in the United States, an average of 10,400 hospital -treated fireworks --° injuries have occurred each year; and Whereas, 34,700 fires were started in our nation by fireworks in 1986 alone; and Whereas, twelve (12) states have already banned all Class C fireworks; and Whereas, seven (7) states allow only sparklers and/or snakes; and, Whereas, the Honorable Gene Green has filed S.B. 251 which would grant Commissioners Courts authority to regulate fireworks in unincorporated areas; now therefore Be it resolved Association: Section I. Association go on Section II. exist to declare action receive Legislature. by the Denton County Fire Chiefs That the Denton County Fire Chiefs record in support of S.B. 251. That significant public safety concerns this to be an emergency and that this priority attention in the 72nd PASSED AND APPROVED on this 21st day of February, 1991 in Denton, Texas. ohn Lee Cook, Jr. President, DCFCA ATTEST: '� t Pat Dews Secretary, DCFCA f � ? ;:� ,Argyle Aubrey Carroiito;; RESOLUTION NO. 91-03 Dencon Double Oak Hower ivlouno �riscc A Resolution of the Denton County Fire Chiefs Association Njahiarc: i :iaae supporting passage of Legislation granting counties as r authority to adopt codes: Whereas, over 101,609 fires destroyed over $1 billion in property in Texas in 1989; and _iLCI� ��fl Whereas, there were over 290 fire related deaths and 2,683 fire -related injuries in Texas in 1989; and Whereas, County Governments in Texas do not have the authority to adopt model fire and building codes for unincorporated areas; and Whereas, the Honorable Ben Campbell proposes to introduce legislation granting counties code making authority; now therefore; Be it resolved by the Denton County Fire Chiefs Association: Section I. That the Denton County Fire Chiefs Association go on record in support of Representative Campbell's efforts to enact legislation granting County Governments code making authority. Section II. That significant public safety concerns exist to declare this to be an emergency and that this action receive priority attention in the 72nd Legislative. PASSED AND APPROVED on this 21st day of February, 1991 in Denton, Texas. J hn Lee Cook, Jr. President ATTEST: Pat Dews Secretary, DCFCA FIRST OaaMMVE4t COMPANY LEGISLATIVE ALERT - NUMBER 4-A March 21, 1991 FIRST SOUTHWEST COMPANY, 500 1st City Center, 1700 Pacific Avenue, Dallas, Tx. (214) 953-4000 HOUSE BILL 1916 (Hilderbran) This bill proposes to: Limit the times that elections may be held. Force joint elections with other political entities that hold elections on the same date. The impact for Texas Political Subdivisions is: Forces bond elections onto dates that are not favorable for passage of the issue. The dates are as follows: The first Saturday in May The first Tuesday after the first Monday in November (even years only) The third Saturday in January The second Saturday in August Diverts the attention of the voters from the need for facilities by putting several issues into a common election. Will delay the construction of facilities while waiting for a "uniform" date. In the event of an unsuccessful election held in August of an odd numbered year, the Political Subdivision would be unable to bring a program back to the voters for five months. Elections on the same date will lead to sales that are clustered together (everyone needs the funds as soon as possible). This could impact the interest rates on the bonds. Regular COUNTY voting places will be used (not the Political Subdivision's voting places) in joint elections. The election will be run by committee. The following is from Section 271.002(e) of the Bill. "The governing body of each political subdivision participating in the joint election shall appoint one representative to an election committee, which shall implement the joint election agreement." Ancient Free & Accepted Masons BANGER, TEXAS 76266 ,Cii,y Fzall Ii L'- a °Onlc At,./ar ne sS 0') n Hrota:7@ _,�onoa�able '�oun.cil !'r'icr�1'r�ers e On. ,O1�var ar�on� G O _,O l_� .� o Oen�n 1 s doom to ,,,bl is CC1_'1 10,1()M lroril 2 to a r iaSon.1G A�wq..0 E',rlesis 0-� I ' Ouse . ; e woLalci 1 il':�e to invite a11 0l' the council ��o.t=;:nbers and their of the 1odr;`'p at this nVPnt. 'ac]mn .c cC,"nd laiso c- ai'f i_1 l_atocl o1 PaY1i 4a tl_ole) . Lodges all over the Ir 8.1, state o i'C _=tee t,^d11 be O'�EYIl_11' V�.f;l..,� doors To the -i)ublic. I L, =!_ our ho )c' and, (Ies _;_ c L'_rlc.V bi21S }ro ';Y a.'� 5;'3.l_�_1 increase a.30 the GOTITIMild-c;r a,vareness o_ our local 'ta o})a_C 7_od-c and to deaonst:s^a c Go the.oY'1_c7. that v,!C' `�.-ce a �ub1l C OY1P�'1`t ci. and O"?)E--:i1 O:!_' c�'l.1 Tc i 10n. �Ic have d.s?S_EC' the I�a.vOZ %O 1t1G.�.0 a ')Y'E'S8Y?Zr`�.G_1071 tothe 1Ocp;C 31OU urlE "c the'!a�r01 a well asI �;.E� '0livai 10d:8 Vs'OU1G b2 i"10sZ i i10 �2 JiOU t,; l_1? make c I)o.JJrrc t o '2�a , th l On your calendar aCldl. Ian to rJ I1 your' fa--nal_] 1_E S ,o "t;his It10.; Z E ; t ^'1.0"L'dinar>y event. 311 i ; 3, CL